H.B. 74

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COUNTY SERVICE AREAS AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Martin R. Stephens
5 AN ACT RELATING TO SPECIAL DISTRICTS; AUTHORIZING COUNTY SERVICE
6 AREAS TO ANNEX TERRITORY LOCATED WITHIN A MUNICIPALITY; REQUIRING
7 TRUSTEES TO BE ELECTED IF TERRITORY WITHIN A MUNICIPALITY IS ANNEXED;
8 AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 17A-2-402, as renumbered and amended by Chapter 186, Laws of Utah 1990
12 17A-2-405, as last amended by Chapter 146, Laws of Utah 1994
13 17A-2-411, as last amended by Chapter 227, Laws of Utah 1993
14 17A-2-417, as last amended by Chapters 227 and 275, Laws of Utah 1993
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 17A-2-402 is amended to read:
17 17A-2-402. Purpose of part.
18 (1) The purpose of this part is to provide a method whereby county service areas may be
19 created.
20 (2) County service areas shall be initially created in unincorporated geographical areas in
21 the various counties [which will] to enable those areas to receive special types of service not
22 common to the entire county and establish a system for the payment of the costs entailed.
23 (3) The Legislature finds that the necessity for establishing these county service areas is
24 a result of the growth in unincorporated areas of some counties. As a result of the large population
25 growth and intensive residential, commercial, and industrial development in unincorporated areas,
26 extended governmental services are needed.
27 (4) The Legislature recognizes the duty of counties as instruments of state government to

1 meet adequately the needs of unincorporated areas, and also recognizes that unincorporated areas
2 should pay for the extended services provided.
3 (5) The Legislature recognizes that the services provided by a county service area may also
4 be extended to incorporated areas of the county at the request of the municipality and pursuant to
5 procedures set forth in this part.
6 Section 2. Section 17A-2-405 is amended to read:
7 17A-2-405. Area in county service area -- Overlapping of areas -- Instituting
8 proceedings for establishment.
9 (1) (a) A county service area may consist of:
10 (i) all or part of any unincorporated area of one county; and
11 (ii) territory located within a municipality, as provided in Sections 17A-2-417 and
12 17A-2-418.
13 (b) County service areas may overlap if the service area which overlaps is entirely within
14 the boundaries of the service area which it overlaps. [Not]
15 (c) (i) Except as provided in Subsection (1)(c)(ii), not more than two [(three, if one is
16 countywide)] service areas may occupy the same area in the county [and no].
17 (ii) Notwithstanding Subsection (1)(c)(i), three service areas may occupy the same area
18 in the county if one of the overlapping service areas is countywide.
19 (d) No overlapping areas may perform the same services.
20 (e) All parts of a county service area need not be contiguous.
21 (2) (a) Proceedings for the establishment of a county service area may be commenced at
22 any time and shall be instituted by the county legislative body if [any one of the following occurs]:
23 [(a) The] (i) a majority of the county legislative body vote in support of a resolution made
24 by a member of that legislative body, describing the boundaries of the territory proposed to be
25 included in the area and specifying the type or types of extended county services already provided
26 or to be provided[.];
27 [(b) A] (ii) a petition is filed with the county clerk, requesting the institution of such
28 proceedings signed by not less than 25% of the taxpayers owning real property which is located
29 in the territory proposed to be included within the area[. The petition may consist of any number
30 of separate instruments.]; or
31 [(c) A] (iii) a petition is filed with the county clerk, requesting the institution of such

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1 proceedings signed by not less than 25% of the qualified voters residing in the territory proposed
2 to be included within the area.
3 (b) The petition under Subsection (2)(a)(ii) or (iii) may consist of any number of separate
4 instruments.
5 (3) The resolution or the petitions described in Subsection (2) and all separate instruments
6 related to them shall describe the boundaries of the proposed area with definiteness and certainty.
7 Section 3. Section 17A-2-411 is amended to read:
8 17A-2-411. Board of trustees -- Selection procedures -- Terms -- Surety bonds.
9 (1) Each service area created by this part shall be governed by a board of trustees
10 consisting of three or more members created as provided in this section.
11 (2) (a) In the ordinance creating the service area, the county legislative body may declare
12 that the county legislative body of the county shall act as the trustees of the service area.
13 (b) Upon passage of the ordinance, the county legislative body of the county shall act as
14 trustees of the service area with all the powers, authority, and responsibility vested in the trustees
15 under this part.
16 (c) (i) The county legislative body, when acting as trustees, may use any existing county
17 offices, officers, or employees for the purposes of the service area.
18 (ii) The county legislative body shall charge costs of those services to the service area and
19 require them to be paid to the county treasurer for the general fund of the county.
20 (3) At any time after the creation of a board of trustees as provided in Subsection (1), if
21 no elected board has been established as provided in this section, the county legislative body of
22 the initiating county may:
23 (a) by ordinance, delegate its powers to an appointed or elected board of trustees as
24 provided in Title 17A, Chapter 1, Part 3; and
25 (b) provide for the appointment or election of the board by following the procedures and
26 requirements of Title 17A, Chapter 1, Part 3.
27 (4) At any time after the creation of a board of trustees as provided in Subsections (2) and
28 (3), the county legislative body shall hold an election for trustees by following the procedures and
29 requirements of Title 17A, Chapter 1, Part 3 [when] if:
30 (a) the county legislative body receives a petition requesting that an election for trustees
31 be held that is:

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1 [(a)] (i) signed by at least 10% of persons eligible to vote in any election in any service
2 area created under this part; and
3 [(b)] (ii) filed with the county legislative body at least 30 days before the date set for a
4 bond election or 90 days before the date set for any municipal election; or
5 (b) territory located within a municipality is annexed into the county service area under
6 Section 17A-2-417.
7 (5) (a) If there is no elected board of trustees at the time of the first bond election, trustees
8 shall be elected in conjunction with that bond election.
9 (b) Candidates for election to the board of trustees shall be taxpayers and qualified voters
10 in the service area.
11 (c) At any time within 30 days after the county legislative body has called a bond election,
12 but not less than 15 days before the day of election, any person who is qualified to vote in the
13 service area may file a signed statement with the county clerk announcing that he is a candidate
14 to be one of the first elected trustees of the service area.
15 (d) The board of trustees shall provide a ballot separate from the bond ballot that contains
16 the names of the candidates and blanks in which the voters may write in additional names.
17 (e) Each voter at the election may vote for the number of trustee positions to be filled.
18 (f) The persons receiving the highest number of votes at the election are members of the
19 board of trustees.
20 (6) (a) Members of the first board of trustees shall serve for two and four year terms,
21 beginning on the first Monday in January after the election.
22 (b) Initial terms shall be selected by lot and shall be apportioned so that, whenever
23 possible, equal numbers of the board will serve for two years and four years.
24 (c) After the first election, except for appointments made to fill unexpired terms, the term
25 of each member is four years.
26 (7) (a) Each member of the board of trustees may vote on all questions, orders, resolutions,
27 and ordinances coming before the board.
28 (b) Each trustee shall receive compensation of not more than $1,500 per year as
29 determined by the board of trustees, except that when the county legislative body acts as the board
30 of trustees, no compensation may be paid to them as trustees.
31 (c) Each trustee who is also a member of the county legislative body shall take the oath

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1 of office and shall give the bond that is required by law for members of the county legislative
2 body.
3 (d) All laws pertinent to the giving and filing of oaths and bonds for members of the
4 county legislative body apply to the trustees.
5 (e) Trustees who are not members of the county legislative body shall take the oath of
6 office and shall give a bond in the amount, and with the sureties, prescribed by the county
7 legislative body.
8 (8) All qualified voters in the service area may vote in elections to select trustees and in
9 elections to approve the issuance of bonds.
10 (9) (a) Following the election or appointment of the first trustees, any elected trustee shall
11 be elected according to the procedures and requirements of Title 17A, Chapter 1, Part 3.
12 (b) Each trustee shall take office on the first Monday in January following his election.
13 (10) Within a reasonable time after their appointment, the trustees shall meet and elect one
14 of their members as chairman and shall appoint a clerk and a treasurer, or a clerk-treasurer.
15 (11) All vacancies of elected trustees in office shall be filled according to the procedures
16 and requirements of Title 17A, Chapter 1, Part 3.
17 Section 4. Section 17A-2-417 is amended to read:
18 17A-2-417. Annexation of other areas.
19 (1) Whenever the services of the type being provided within a county service area should
20 be provided in any other [unincorporated] portion of the county, whether contiguous to the existing
21 county service area or not, the [county legislative body or the] board of trustees may, subject to
22 Subsection (2), annex that territory to the area by following the procedures established in this part
23 for the formation of a new service area in that territory with whatever changes are necessary to
24 make the proceedings germane to the proposed action without denying any persons their
25 substantive rights.
26 (2) The board of trustees may not pursue procedures under Subsection (1) to annex
27 territory located within a municipality unless the municipality's legislative body first adopts and
28 presents to the board of trustees a petition requesting annexation.


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Legislative Review Note
as of 1-17-97 3:34 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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