7-11-1011. Referendum -- election. (1) The governing body may order a referendum on the creation of the proposed special district to be submitted to the registered voters who reside within the proposed special district and the individuals qualified to vote pursuant to subsections (5) and (6).
     (2) The referendum must state:
     (a) the type and maximum rate of the initial proposed assessments or fees that would be imposed, consistent with the requirements of 7-11-1007(2)(e) and 7-11-1024;
     (b) the type of activities proposed to be financed, including a general description of the program or improvements;
     (c) a general description of the areas included in the proposed special district; and
     (d) whether the proposed special district would be administered by the governing body or an appointed or elected board.
     (3) The referendum must be held in conjunction with a regular or primary election or must be conducted by mail ballot election as provided in Title 13, chapter 19.
     (4) The proposition to be submitted to the electorate must read: "Shall the proposition to organize (name of proposed special district) be adopted?"
     (5) Except as provided in subsection (6), an individual is entitled to vote on the proposition if the individual:
     (a) meets all qualifications required of electors under the general election laws of the state; and
     (b) is a resident of or owner of taxable real property in the area subject to the proposed special district.
     (6) An individual who is the owner of real property described in subsection (5)(b) need not possess the qualifications required of an elector in subsection (5)(a) if the individual is qualified to vote in any county of the state and files proof of registration with the election administrator at least 20 days prior to the referendum in which the individual intends to vote.
     (7) The referendum must be conducted, the vote canvassed, and the result declared in the same manner as provided by Title 13 in respect to general elections, so far as it is applicable, except as provided in subsection (3).
     (8) If the referendum is approved, the election administrator of each county shall:
     (a) immediately file with the secretary of state a certificate stating that the proposition was adopted and record the certificate in the office of the clerk and recorder of the county or counties in which the special district is situated; and
     (b) notify any municipalities lying within the boundaries of the special district.

     History: En. Sec. 7, Ch. 286, L. 2009.