Title 17D Chapter 1 Section 102

Limited Purpose Local Government Entities - Other Entities
Special Service District Act
Section 102
Definitions.

            

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 of all private real property within the applicable area; or

            (b) registered voters residing within the applicable area equal in number to at least 25% of the number of votes cast in the applicable area for the office of president of the United States at the most recent election prior to the adoption of the resolution or filing of the petition.

            (2) "Applicable area" means:

            (a) for a proposal to create a special service district, the area included within the proposed special service district;

            (b) for a proposal to annex an area to an existing special service district, the area proposed to be annexed;

            (c) for a proposal to add a service to the service or services provided by a special service district, the area included within the special service district; and

            (d) for a proposal to consolidate special service districts, the area included within each special service district proposed to be consolidated.

            (3) "Facility" or "facilities" includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special service district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing.

            (4) "General obligation bond":

            (a) means a bond that is directly payable from and secured by ad valorem property taxes that are:

            (i) levied:

            (A) by the county or municipality that created the special service district that issues the bond; and

            (B) on taxable property within the special service district; and

            (ii) in excess of the ad valorem property taxes for the current fiscal year; and

            (b) does not include:

            (i) a short-term bond;

            (ii) a tax and revenue anticipation bond; or

            (iii) a special assessment bond.

            (5) "Governing body" means:

            (a) the legislative body of the county or municipality that creates the special service district, to the extent that the county or municipal legislative body has not delegated authority to an administrative control board created under Section 17D-1-301; or

            (b) the administrative control board of the special service district, to the extent that the county or municipal legislative body has delegated authority to an administrative control board created under Section 17D-1-301.

            (6) "Guaranteed bonds" means bonds:

            (a) issued by a special service district; and

            (b) the debt service of which is guaranteed by one or more taxpayers owning property within the special service district.

            (7) "Local district" has the same meaning as defined in Section 17B-1-102.

            (8) "Revenue bond":

            (a) means a bond payable from designated taxes or other revenues other than the ad valorem property taxes of the county or municipality that created the special service district; and

            (b) does not include:

            (i) an obligation constituting an indebtedness within the meaning of an applicable constitutional or statutory debt limit;

            (ii) a tax and revenue anticipation bond; or

            (iii) a special assessment bond.

            (9) "Special assessment" means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property.

            (10) "Special assessment bond" means a bond payable from special assessments.

            (11) "Special service district" means a limited purpose local government entity, as described in Section 17D-1-103, that:

            (a) is created under authority of the Utah Constitution Article XI, Section 7; and

            (b) operates under, is subject to, and has the powers set forth in this chapter.

            (12) "Tax and revenue anticipation bond" means a bond:

            (a) issued in anticipation of the collection of taxes or other revenues or a combination of taxes and other revenues; and

            (b) that matures within the same fiscal year as the fiscal year in which the bond is issued.


Amended by Chapter 377, 2014 General Session