H.B. 74 Enrolled

COUNTY SERVICE AREAS AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Martin R. Stephens
AN ACT RELATING TO SPECIAL DISTRICTS; AUTHORIZING COUNTY SERVICE
AREAS TO ANNEX TERRITORY LOCATED WITHIN A MUNICIPALITY;
REQUIRING TRUSTEES TO BE ELECTED IF TERRITORY WITHIN A
MUNICIPALITY IS ANNEXED; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17A-2-402, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-405, as last amended by Chapter 146, Laws of Utah 1994
17A-2-411, as last amended by Chapter 227, Laws of Utah 1993
17A-2-417, as last amended by Chapters 227 and 275, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17A-2-402 is amended to read:
17A-2-402. Purpose of part.
(1) The purpose of this part is to provide a method whereby county service areas may be
created.
(2) County service areas shall be initially created in unincorporated geographical areas in
the various counties [which will] to enable those areas to receive special types of service not
common to the entire county and establish a system for the payment of the costs entailed.
(3) The Legislature finds that the necessity for establishing these county service areas is
a result of the growth in unincorporated areas of some counties. As a result of the large population
growth and intensive residential, commercial, and industrial development in unincorporated areas,
extended governmental services are needed.
(4) The Legislature recognizes the duty of counties as instruments of state government to
meet adequately the needs of unincorporated areas, and also recognizes that unincorporated areas
should pay for the extended services provided.

(5) The Legislature recognizes that the services provided by a county service area may also
be extended to incorporated areas of the county at the request of the municipality and pursuant to
procedures set forth in this part.
Section 2. Section 17A-2-405 is amended to read:
17A-2-405. Area in county service area -- Overlapping of areas -- Instituting
proceedings for establishment.
(1) (a) A county service area may consist of:
(i) all or part of any unincorporated area of one county; and
(ii) territory located within a municipality, as provided in Sections 17A-2-417 and
17A-2-418.
(b) County service areas may overlap if the service area which overlaps is entirely within
the boundaries of the service area which it overlaps. [Not]
(c) (i) Except as provided in Subsection (1)(c)(ii), not more than two [(three, if one is
countywide)] service areas may occupy the same area in the county [and no].
(ii) Notwithstanding Subsection (1)(c)(i), three service areas may occupy the same area in
the county if one of the overlapping service areas is countywide.
(d) No overlapping areas may perform the same services.
(e) All parts of a county service area need not be contiguous.
(2) (a) Proceedings for the establishment of a county service area may be commenced at any
time and shall be instituted by the county legislative body if [any one of the following occurs]:
[(a) The] (i) a majority of the county legislative body vote in support of a resolution made
by a member of that legislative body, describing the boundaries of the territory proposed to be
included in the area and specifying the type or types of extended county services already provided
or to be provided[.];
[(b) A] (ii) a petition is filed with the county clerk, requesting the institution of such
proceedings signed by not less than 25% of the taxpayers owning real property which is located in
the territory proposed to be included within the area[. The petition may consist of any number of
separate instruments.]; or

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[(c) A] (iii) a petition is filed with the county clerk, requesting the institution of such
proceedings signed by not less than 25% of the qualified voters residing in the territory proposed to
be included within the area.
(b) The petition under Subsection (2)(a)(ii) or (iii) may consist of any number of separate
instruments.
(3) The resolution or the petitions described in Subsection (2) and all separate instruments
related to them shall describe the boundaries of the proposed area with definiteness and certainty.
Section 3. Section 17A-2-411 is amended to read:
17A-2-411. Board of trustees -- Selection procedures -- Terms -- Surety bonds.
(1) Each service area created by this part shall be governed by a board of trustees consisting
of three or more members created as provided in this section.
(2) (a) In the ordinance creating the service area, the county legislative body may declare
that the county legislative body of the county shall act as the trustees of the service area.
(b) Upon passage of the ordinance, the county legislative body of the county shall act as
trustees of the service area with all the powers, authority, and responsibility vested in the trustees
under this part.
(c) (i) The county legislative body, when acting as trustees, may use any existing county
offices, officers, or employees for the purposes of the service area.
(ii) The county legislative body shall charge costs of those services to the service area and
require them to be paid to the county treasurer for the general fund of the county.
(3) At any time after the creation of a board of trustees as provided in Subsection (1), if no
elected board has been established as provided in this section, the county legislative body of the
initiating county may:
(a) by ordinance, delegate its powers to an appointed or elected board of trustees as provided
in Title 17A, Chapter 1, Part 3; and
(b) provide for the appointment or election of the board by following the procedures and
requirements of Title 17A, Chapter 1, Part 3.
(4) At any time after the creation of a board of trustees as provided in Subsections (2) and

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(3), the county legislative body shall hold an election for trustees by following the procedures and
requirements of Title 17A, Chapter 1, Part 3 [when] if:
(a) the county legislative body receives a petition requesting that an election for trustees be
held that is:
[(a)] (i) signed by at least 10% of persons eligible to vote in any election in any service area
created under this part; and
[(b)] (ii) filed with the county legislative body at least 30 days before the date set for a bond
election or 90 days before the date set for any municipal election; or
(b) territory located within a municipality is annexed into the county service area under
Section 17A-2-417.
(5) (a) If there is no elected board of trustees at the time of the first bond election, trustees
shall be elected in conjunction with that bond election.
(b) Candidates for election to the board of trustees shall be taxpayers and qualified voters
in the service area.
(c) At any time within 30 days after the county legislative body has called a bond election,
but not less than 15 days before the day of election, any person who is qualified to vote in the service
area may file a signed statement with the county clerk announcing that he is a candidate to be one
of the first elected trustees of the service area.
(d) The board of trustees shall provide a ballot separate from the bond ballot that contains
the names of the candidates and blanks in which the voters may write in additional names.
(e) Each voter at the election may vote for the number of trustee positions to be filled.
(f) The persons receiving the highest number of votes at the election are members of the
board of trustees.
(6) (a) Members of the first board of trustees shall serve for two and four year terms,
beginning on the first Monday in January after the election.
(b) Initial terms shall be selected by lot and shall be apportioned so that, whenever possible,
equal numbers of the board will serve for two years and four years.
(c) After the first election, except for appointments made to fill unexpired terms, the term

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of each member is four years.
(7) (a) Each member of the board of trustees may vote on all questions, orders, resolutions,
and ordinances coming before the board.
(b) Each trustee shall receive compensation of not more than $1,500 per year as determined
by the board of trustees, except that when the county legislative body acts as the board of trustees,
no compensation may be paid to them as trustees.
(c) Each trustee who is also a member of the county legislative body shall take the oath of
office and shall give the bond that is required by law for members of the county legislative body.
(d) All laws pertinent to the giving and filing of oaths and bonds for members of the county
legislative body apply to the trustees.
(e) Trustees who are not members of the county legislative body shall take the oath of office
and shall give a bond in the amount, and with the sureties, prescribed by the county legislative body.
(8) All qualified voters in the service area may vote in elections to select trustees and in
elections to approve the issuance of bonds.
(9) (a) Following the election or appointment of the first trustees, any elected trustee shall
be elected according to the procedures and requirements of Title 17A, Chapter 1, Part 3.
(b) Each trustee shall take office on the first Monday in January following his election.
(10) Within a reasonable time after their appointment, the trustees shall meet and elect one
of their members as chairman and shall appoint a clerk and a treasurer, or a clerk-treasurer.
(11) All vacancies of elected trustees in office shall be filled according to the procedures and
requirements of Title 17A, Chapter 1, Part 3.
Section 4. Section 17A-2-417 is amended to read:
17A-2-417. Annexation of other areas.
(1) Whenever the services of the type being provided within a county service area should
be provided in any other [unincorporated] portion of the county, whether contiguous to the existing
county service area or not, the [county legislative body or the] board of trustees may, subject to
Subsection (2), annex that territory to the area by following the procedures established in this part
for the formation of a new service area in that territory with whatever changes are necessary to make

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the proceedings germane to the proposed action without denying any persons their substantive rights.
(2) The board of trustees may not pursue procedures under Subsection (1) to annex territory
located within a municipality unless the municipality's legislative body first adopts and presents to
the board of trustees a petition requesting annexation.

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