H.B. 173 Enrolled

SPECIAL SERVICE DISTRICT - QUALIFIED ELECTORS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: DeMar Bud Bowman
This act modifies provisions relating to Special Districts to provide an exception to the
requirement that members of a special service district administrative control board be
qualified electors of the special service district. The act also makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17A-2-1326, as last amended by Chapter 254, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17A-2-1326 is amended to read:
17A-2-1326. Administrative control board -- Powers -- Compensation.
(1) (a) The [governing authority] legislative body of a municipality or [the] county
[legislative body] that has established a service district may, by resolution adopted at the time of
the establishment or at any time afterwards, create an administrative control board for the service
district.
(b) (i) The administrative control board shall consist of at least three and no more than
seven persons[, each of whom is a qualified elector of the service district].
(ii) (A) If a county establishes a service district that includes all or part of one or more
municipalities or one or more improvement districts organized under Title 17A, Chapter 2, Part
3, County Improvement Districts for Water, Sewerage, Flood Control, Electric and Gas, to provide
the same service as the service district, the municipality or improvement district may appoint one
member to represent it on any administrative control board created.
[(iii) That member] (B) A member appointed under Subsection (1)(b)(ii)(A) may, but need
not, be a qualified elector of the service district.
(c) (i) If a service district is providing commodities, services, or facilities to an institution
of higher education, that institution may appoint the number of members necessary to assure that
it has at least 1/3 of the total of the board members to represent it on the board.

(ii) [Those members] Members appointed under Subsection (1)(c)(i) may, but need not, be
qualified electors of the service district.
(d) The number of members of the administrative control board shall be increased by the
number of improvement district, municipal, or institution of higher education members appointed.
(e) (i) Except as provided in Subsections (1)(b)(ii)(B), (c)(ii), and (e)(ii), each member of
an administrative control board shall be a qualified elector of the service district.
(ii) A member of an administrative control board may be other than a qualified elector of the
service district if at least 90% of the owners of property located within the service district are not
qualified electors of the service district.
(2) Members of the administrative control board other than improvement district, municipal,
or institution of higher education members shall be either appointed or elected as provided in Title
17A, Chapter 1, Part 3, Special District Board Selection Procedures.
(3) (a) If a service district was established to provide either water or sewerage service or
both, the governing authority may by resolution adopted at or after the time of establishment, or if
the service district was established before March 29, 1983, or within 90 days after that date, create
an administrative control board according to Subsection (1).
(b) A resolution creating a service district for water or sewerage purposes adopted under
Section 17A-2-1305 after March 29, 1983, shall identify all existing water and sewerage districts
within the area of the proposed service district.
(4) (a) One-half of the members initially elected or appointed shall serve two-year terms and
1/2 shall serve four year terms.
(b) The initial terms shall be determined by lot.
(5) (a) The [governing authority] legislative body of the municipality or [the] county
[legislative body] that established the service district may, by resolution, delegate any of its powers
to the administrative control board, including the power to act as the governing authority of the
service district and to exercise all or any of the powers provided for in Sections 17A-2-1314 ,
17A-2-1316 , 17A-2-1320 , and 17A-2-1321 .
(b) Notwithstanding anything to the contrary in this part, the [governing authority] legislative

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body of the municipality or [the] county [legislative body] may not delegate the power to:
(i) levy a tax on the taxable property of the service district;
(ii) issue bonds payable from taxes;
(iii) call or hold an election for the authorization of the tax or bonds;
(iv) levy assessments for improvements in an improvement district created under Title 17A,
Chapter 3, Part 3, Municipal Improvement Districts, or Title 17A, Chapter 3, Part 2, County
Improvement Districts;
(v) issue interim warrants or bonds payable from those assessments; or
(vi) appoint a board of equalization under Section 17A-3-217 or Section 17A-3-317 .
(c) The administrative control board may not hold an election, levy a tax or assessment, or
issue bonds or interim warrants unless the county or municipal legislative body that created the
district has approved.
(d) The county or municipal legislative body that created the district may revoke in whole
or in part any power or authority delegated to an administrative control board or other officers or
employees.
(6) Administrative control board members may receive compensation and reimbursement
of expenses as provided in Section 17B-2-404 to the same extent as if they were members of a board
of trustees of a local district.

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