Justice PARRISH, opinion of the Court:
¶ 1 On petition for writ of extraordinary relief, petitioners Lana Mawhinney, Christine McClory, and James Whitehead (collectively, Petitioners) ask us to order the City of Draper (City) to certify their petition for referendum. Specifically, they seek to refer Resolution No. TRSSD 14-02 (Resolution) to the voters of the Traverse Ridge Special Service District (District) in the November 2014 general election. The Resolution, enacted on June 24, 2014, levies a tax on the property within the District.
¶ 2 The City refused to certify the petition, asserting that the tax levy was a nonreferable administrative action and that the subjurisdictional referendum statute, pursuant to which the petitioners sought the referendum, unconstitutionally limits the number of Draper City residents who are entitled to vote on the issue. We grant Petitioners' requested relief because the Resolution was improperly rejected by the City. The Resolution, which levies a tax, is properly referable to the voters because it is legislative in nature. And we are unpersuaded by the City's constitutional challenge to the subjurisdictional referendum statute.
¶ 3 The City of Draper created the Traverse Ridge Special Service District in 1999 to provide additional services to property located within its boundaries. These consist of "transportation, including snow removal, street lighting services, repairing and maintaining roads, sweeping and disposal service." In 2001, by a vote of six to two, the voters of the District authorized the City to levy and collect taxes to fund the District's operations. They passed the following proposition:
That same year, "the Board of Directors of the Traverse Ridge Special Service District" "passed and adopted" Resolution No. 01-02. That resolution "established" a "Certified Tax Rate" for the District.
¶ 4 On June 24, 2014, the "City Council of Draper City, acting as the Board of Directors of the Traverse Ridge Special Service District," "passed and adopted" Resolution No. TRSSD 14-02, which "established" a 2014 "Equalized Property Tax Rate" for all property located in the District. Five residents collected verified voter signatures and asked the City to refer the Resolution to the voters of the District. Nevertheless, the City rejected the referendum petition, asserting that "referendums challenging actions taken by special service districts are not authorized by the Utah Constitution." Petitioners filed in this court a petition for writ of extraordinary relief, pursuant to Utah Code section 20A-7-607(4)(a), and a motion for emergency relief, pursuant to rule 23C of the Utah Rules of Appellate Procedure. We heard oral argument and issued an order granting the requested relief on September 17, 2014, noting that this opinion would follow. We have jurisdiction under Utah Code section 78A-3-102(2).
¶ 5 The Utah Constitution vests this court with "original jurisdiction to issue all
¶ 6 Petitioners' request for extraordinary relief turns on whether the City of Draper properly concluded that the Resolution was not referable to the voters. Our review is therefore "confined to discerning the proper interpretation of ... the Utah Code" and the Utah Constitution.
¶ 7 Petitioners seek to refer Resolution No. TRSSD 14-02 to the voters of the Traverse Ridge Special Service District. Respondents, City of Draper and the Traverse Ridge Special Service District,
¶ 8 Our analysis proceeds in three parts: First, we reiterate our test for identifying legislative actions in the context of the people's legislative power. Second, we hold that levying a tax is legislative in nature. Finally, we address three additional arguments raised by the City in urging us to deny the petition.
¶ 9 Article VI, section 1 of the Utah Constitution vests "[t]he Legislative power of the State" in "the Legislature" and "the people." Because our government is one of "distinct departments," neither the Legislature nor the people, exercising legislative power through an initiative or referendum, may "exercise any functions appertaining to either of the" executive or judicial departments of government.
¶ 10 Some referenda are easy to sustain as legislative in nature because they challenge the actions of a strictly legislative body. For example, in Mouty v. Sandy City Recorder, we held that a referendum on an ordinance properly enacted by a city council in a municipality with a council-mayor form of government is "necessarily legislative" because that form of government specifies that the city council may exercise only the legislative power of the municipality.
¶ 11 Some municipalities, however, employ a form of government with commingled powers.
¶ 12 We recognized two key hallmarks of legislative power: general applicability and policy weighing.
¶ 13 The second hallmark of legislative decision-making is that it involves "weigh[ing] broad policy considerations, not the specific facts of individual cases."
¶ 14 Additionally, because "the people's legislative power is the same — and is coextensive with the power delegated to the [L]egislature — regardless of whether that power is wielded on a statewide or local level," it is helpful to compare an action in question to those actions undertaken by the Utah Legislature pursuant to the specific powers granted to that body by the Utah Constitution.
¶ 15 In this case, Petitioners seek to refer the Resolution to the voters of the District while the City argues that the Resolution is not referable because it does not represent an exercise of legislative power. The Resolution was "passed and adopted by the City Council of Draper City, acting as the Board of Directors of the Traverse Ridge Special Service District."
¶ 16 First, this levied tax is generally applicable. The tax rate established for the District applies to all property located in the District's geographical boundaries. The District contains several thousand acres, much more than the one-hundred-acre parcel effected in Mouty.
¶ 17 Second, deciding whether to levy the tax required weighing broad and competing policy concerns. The members of the City Council of Draper City were required to weigh the need for and benefit of the services to be provided to the property owners in the District against the tax burden to be imposed. It also required that the council anticipate the financial needs of the District in the coming year and consider whether the District should accrue reserves for future projects. Finally, they had to consider the possible implications of lowering the tax when future needs might require a subsequent tax increase.
¶ 18 Our conclusion that levying a tax is an exercise of legislative power is consistent with the fact that levying taxes is a power given to the Legislature by the Utah Constitution.
¶ 19 The City raises three additional arguments in support of its position that the Resolution is not referable: First, the City argues that the Resolution is not a tax levy. Second, the City argues that a referendum on the Resolution violates the Utah Constitution because it relies upon an unconstitutional statutory provision that would limit the number of voters who are entitled to vote on the issue. Third, the City argues that limiting the referendum to District residents disenfranchises non-District voters within the City because the City may be impacted financially. We are unpersuaded by these arguments.
¶ 20 The City argues that the Resolution does not levy a tax, but instead represents only an administrative implementation of an already existing tax. Levying a tax, the City claims, requires a tax increase. But the City's argument is inconsistent with the actions undertaken and the statutory framework on which it relies.
¶ 21 First, the City's argument is belied by the text of the Resolution itself and past City and District resolutions. The City has proffered no evidence that it levied a tax in 2001 that was to continue year after year. And the proposition put to the voters in 2001 indicates the contrary. It reads: "Shall the City Council of Draper City be authorized to annually levy and collect taxes from the owners of property located within the Traverse Ridge Special Service District ...?" Under this language, taxing authority was granted, but no tax was levied. And the taxing authority granted was for an annual tax levy,
¶ 22 The City also argues that the Resolution does not qualify as a tax levy because it was not required to provide notice and public hearing under Utah Code section 59-2-919(2), a process commonly known as Truth in Taxation.
¶ 23 The City's argument also is inconsistent with an earlier section in the same part of the Utah Code stating that "the governing body of each taxing entity shall before June 22 of each year: (a) adopt a proposed tax rate, or if the tax rate is not more than the certified tax rate, a final tax rate for the taxing entity; and (b) report the rate and levy ... to the county auditor of the county in which the taxing entity is located."
¶ 24 The City next argues that this tax levy is not subject to a referendum because it was enacted by the District, and not the City.
¶ 25 We are unpersuaded by the City's constitutional challenge. Under the constitution, "[t]he Legislative power of the State [is] vested in ... the Legislature ... [and in] the
¶ 26 The City finally argues that non-District residents of the City will be disenfranchised if they are not allowed to vote on this referendum because it may impact the City's finances. We disagree. Because the referendum concerns a tax levied only on the residents of the District, non-District residents will not be directly impacted by the vote. In the event that the voters in the District reject the District's property tax levy, the city council will then need to confront how to replace the lost revenue. Any financial impact on the City — whether through additional taxes or reallocation of resources — must first be approved by the city council, which represents all residents of the City. If voters of the City disagree with the legislative action the city council takes in response to any revenue lost as a result of this referendum, they can then seek a referendum to challenge that action.
¶ 27 The City of Draper improperly rejected the referendum petition for Resolution No. TRSSD 14-02, which levies a tax on property within the Traverse Ridge Special Service District. As a quintessential exercise of legislative power, the decision to levy a tax is referable to the voters. We therefore grant the petition for writ of extraordinary relief.