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H.B. 58 Enrolled
AN ACT RELATING TO SPECIAL DISTRICTS; ADDING TO THE LIST OF SERVICES
THAT A SPECIAL SERVICE DISTRICT IS AUTHORIZED TO PROVIDE; AND PROVIDING
AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17A-2-1304, as last amended by Chapter 275, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17A-2-1304 is amended to read:
17A-2-1304. Establishing service districts -- Improvement districts within service
districts.
(1) (a) A county or a municipality may establish a service district for the purpose of
providing within the area of the service district any of the following services or any combination
of them:
(i) water;
(ii) sewerage;
(iii) drainage;
(iv) flood control;
(v) garbage;
(vi) health care;
(vii) transportation;
(viii) recreation;
(ix) fire protection; [
(x) street lighting; and
(xi) consolidated 911 and emergency dispatch.
(b) Snow removal services may be provided in service districts established under this
section to more effectively carry out the purposes of those service districts.
(c) These services may be provided through facilities or systems acquired or constructed for
that purpose through construction, purchase, lease, contract, gift, or condemnation or any
combination of the above.
(d) Service districts may contract with a franchised, certificated public utility for the
construction and operation of an electrical service distribution system within the service district.
(2) (a) The area within any service district may include all or any part of the county or
municipality that established it except that:
(i) a service district may not include the area of any other service district established by the
same county or municipality that is now providing the same service proposed to be supplied by the
new service district;
(ii) a service district established by a county may contain all or a part of any municipality or
of an existing improvement district that provides the same service proposed to be provided by the
service district, but only with the consent of the governing authority as provided in a resolution or
ordinance adopted by the governing authority; and
(iii) a service district may not include any area not directly benefited by the services provided
under this section without the consent of the nonbenefited landowner.
(b) All parts of a service district need not be contiguous.
(3) (a) As provided in Section 17A-2-1315 , the governing authority of any service district
created under this part may create one or more improvement districts within the boundaries of the
special service district by following the procedures in, and meeting the requirements of, Chapter 3,
Part 2 or 3.
(b) The intent to create an improvement district need not be present at the time a service
district is organized.
(c) Any improvement district created within the boundaries of a service district may only be
organized to undertake projects or improvements for which the service district creating that
improvement district was organized.
(d) The service district shall meet all procedural requirements for creating an improvement
district at the time the improvement district is created, as provided in Section 17A-2-1315 and in
Chapter 3, Part 2 or 3.
(e) In determining whether or not a project or improvement undertaken by an improvement
district is within the scope of the purposes for which the service district creating that improvement
district was organized, any project or improvement reasonably related to the purposes for which the
service district creating that improvement district was organized is considered to be within the scope
of those purposes.
Section 2. Effective date.
This act takes effect January 1, 2001, only if S.J.R. 5, Resolution Amending State and Local
Government Provisions, passed by the Legislature during the 1999 General Session, is approved by
voters at the 2000 regular general election.
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