Utah Code § 17D-1-101
Title
(1) This title is known as "Limited Purpose Local Government Entities - Other Entities." (2) This chapter is known as the "Special Service District Act."
Utah Code Title 17D — Limited Purpose Local Government Entities - Other Entities
Utah · statute · Utah Code tit. 17D · 116 active provisions
Provisions
Utah Code § 17D-1-102
Definitions
As used in this chapter: (1) "Adequate protests" means written protests timely filed by: (a) the owners of private real property that: (i) is located within the applicable area; (ii) covers at least 25% of the total private land area within the applicable area; and (iii) is equal in value to at least 15% of the value o…
Utah Code § 17D-1-103
Special service district status, powers, and duties -- Registration as a limited purpose entity -- Limitation on districts providing jail service
(1) A special service district: (a) is: (i) a body corporate and politic with perpetual succession, separate and distinct from the county or municipality that creates it; (ii) a quasi-municipal corporation; and (iii) a political subdivision of the state; and (b) may sue and be sued. (2) A special service district may:…
Utah Code § 17D-1-104
Property owner provisions -- Determination of registered voters
(1) For purposes of this chapter: (a) the owner of real property is: (i) except as provided in Subsection (1)(a)(ii), the fee title owner according to the records of the county recorder on the date of the filing of the petition or protest; or (ii) for a proposed annexation or addition of a new service under Part 4, Ann…
Utah Code § 17D-1-105
Authority of county or municipality to levy property tax on property within a special service district
(1) Subject to Subsections (2) and (3), a county or municipality that has created a special service district may levy a tax on the taxable property in the special service district. (2) Each levy under Subsection (1) is subject to the prior approval of a majority of the registered voters of the special service district…
Utah Code § 17D-1-106
Special service districts subject to other provisions
(1) A special service district is, to the same extent as if it were a special district, subject to and governed by: (a) (i) Sections 17B-1-105, 17B-1-107, 17B-1-108, 17B-1-110, 17B-1-111, 17B-1-113, 17B-1-116, 17B-1-118, 17B-1-119, 17B-1-120, 17B-1-121, 17B-1-304, 17B-1-307, 17B-1-310, 17B-1-311, 17B-1-312, 17B-1-313,…
Utah Code § 17D-1-107
Contracts subject to building improvement and public works provisions
(1) For each special service district created by a county, the legislative body of that county shall by ordinance designate the classes of special service district contracts that are subject to the requirements of Title 11, Chapter 39, Building Improvements and Public Works Projects. (2) For each special service distri…
Utah Code § 17D-1-108
Conflict
If a provision of this chapter conflicts with any other statutory provision, the provision of this chapter controls.
Utah Code § 17D-1-109
Validation of previously created special service districts
Each special service district created before May 5, 2008 is validated, ratified, and confirmed and declared to be validly existing.
Utah Code § 17D-1-201
Services that a special service district may be created to provide
As provided in this part, a county or municipality may create a special service district to provide any combination of the following services: (1) water; (2) sewerage; (3) drainage; (4) flood control; (5) garbage collection and disposal; (6) health care; (7) transportation, including the receipt of federal secure rural…
Utah Code § 17D-1-202
Limitations on the creation of a special service district
(1) Subject to Subsection (2), the boundary of a proposed special service district may include all or part of the area within the boundary of the county or municipality that creates the special service district. (2) (a) The boundary of a proposed special service district may not include an area included within the boun…
Utah Code § 17D-1-203
Initiating the process to create a special service district
(1) The process to create a special service district is initiated by: (a) the legislative body of a county or municipality that proposes to create a special service district adopting a resolution that: (i) declares that the public health, convenience, and necessity require the creation of a special service district; (i…
Utah Code § 17D-1-204
Prerequisites for adopting a resolution or ordinance approving the creation of a special service district
Before the legislative body of a county or municipality may adopt a resolution or ordinance under Section 17D-1-208 approving the creation of a special service district: (1) the clerk or recorder, as the case may be, of the county or municipality shall give written notice as provided in Section 17D-1-205; (2) the legis…
Utah Code § 17D-1-205
Notice
(1) Each notice required under Subsection 17D-1-204(1) shall: (a) state that: (i) the legislative body has adopted a resolution stating its intent to create a special service district; or (ii) a petition has been filed proposing the creation of a special service district; (b) describe the boundary of the proposed speci…
Utah Code § 17D-1-206
Protests
(1) An interested person may protest: (a) the creation of a special service district; or (b) a service that the special service district is proposed to provide. (2) Each protest under Subsection (1) shall: (a) be in writing; (b) be submitted: (i) to the legislative body of the county or municipality by which the specia…
Utah Code § 17D-1-207
Public hearing
(1) On the date and at the time and place specified in the notice under Section 17D-1-205, the legislative body of the county or municipality by which the special service district is proposed to be created shall hold a public hearing. (2) At each public hearing under this section, the legislative body shall: (a) give f…
Utah Code § 17D-1-208
Adoption of a resolution or ordinance approving the creation of a special service district
(1) Subject to the provisions of and as provided in this part, the legislative body of a county or municipality may adopt a resolution or ordinance approving the creation of a special service district. (2) (a) Subject to Subsection (2)(b), a resolution or ordinance adopted by a legislative body under Subsection (1) may…
Utah Code § 17D-1-209
Notice and plat to lieutenant governor -- Recording requirements -- Effective date
(1) The legislative body adopting a resolution or ordinance approving the creation of a special service district shall: (a) within 30 days after adopting the resolution or ordinance, file with the lieutenant governor: (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets th…
Utah Code § 17D-1-210
Services that special service district is authorized to provide
(1) After its creation, a special service district may provide the service or services: (a) specified in the resolution or ordinance creating the special service district; or (b) added under Part 4, Annexing a New Area and Adding a New Service. (2) Notwithstanding Subsection (1), a special service district created befo…
Utah Code § 17D-1-211
Municipality's ability to provide temporary jail facilities not affected by the creation of a special service district to provide jail services
The creation of a special service district to provide jail services as provided in Subsection 17D-1-201(10) does not affect the ability of a municipality under Section 10-8-58 to provide, operate, and maintain facilities for the temporary incarceration, not to exceed 72 hours, of persons charged with the violation of a…
Utah Code § 17D-1-212
Action to challenge the creation of a special service district or a service to be provided
(1) A person may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, challenging the creation of a special service district or a service that a special service district is proposed to provide if: (a) the person filed a written protest under Section 17D-1-206; (b) the per…
Utah Code § 17D-1-301
Governance of a special service district -- Authority to create and delegate authority to an administrative control board -- Limitations on authority to delegate
(1) Each special service district shall be governed by the legislative body of the county or municipality that creates the special service district, subject to any delegation under this section of a right, power, or authority to an administrative control board. (2) At the time a special service district is created or a…
Utah Code § 17D-1-302
Number of members of an administrative control board
(1) An administrative control board shall consist of at least three members in addition to a member appointed in accordance with Subsections 17D-1-303(3) and (4). (2) The number of administrative control board members for a special service district established by a county of the first class to provide jail service as p…
Utah Code § 17D-1-303
Election or appointment of administrative control board members
(1) Except as provided in Subsection (5), a county or municipal legislative body that creates an administrative control board may provide for board members to be elected or appointed, or for some members to be elected and some appointed. (2) Except as provided in Subsection (3), each member of an administrative control…
Utah Code § 17D-1-304
Qualifications of administrative control board members -- Term of office
(1) (a) Except as provided in Subsection (1)(b), each member of an administrative control board shall be: (i) a registered voter within the special service district; (ii) an officer or employee of the county or municipality that created the special service district; or (iii) an owner of land, or an agent or officer of…
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