S.B. 241

1

SPECIAL DISTRICT AMENDMENTS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Gene Davis
5 This act modifies provisions relating to Special Districts to include jails among the services
6 that special service districts are authorized to provide. This act also makes technical
7 changes.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 17A-2-1304, as last amended by Chapter 46, Laws of Utah 2000
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 17A-2-1304 is amended to read:
13 17A-2-1304. Establishing special service districts -- Improvement districts within
14 special service districts.
15 (1) (a) A county or a municipality may establish a special service district for the purpose
16 of providing within the area of the special service district any of the following services or any
17 combination of them:
18 (i) water;
19 (ii) sewerage;
20 (iii) drainage;
21 (iv) flood control;
22 (v) garbage;
23 (vi) health care;
24 (vii) transportation;
25 (viii) recreation;
26 (ix) fire protection;
27 (x) jails;

28 [(x)] (xi) street lighting; and
29 [(xi)] (xii) consolidated 911 and emergency dispatch.
30 (b) Snow removal services may be provided in special service districts established under
31 this section to more effectively carry out the purposes of those special service districts.
32 (c) These services may be provided through facilities or systems acquired or constructed
33 for that purpose through construction, purchase, lease, contract, gift, or condemnation or any
34 combination of the above.
35 (d) [Service] Special service districts may contract with a franchised, certificated public
36 utility for the construction and operation of an electrical service distribution system within the
37 special service district.
38 (2) (a) The area within any special service district may include all or any part of the county
39 or municipality that established it except that:
40 (i) a special service district may not include the area of any other special service district
41 established by the same county or municipality that is now providing the same service proposed
42 to be supplied by the new special service district;
43 (ii) a special service district established by a county may contain all or a part of any
44 municipality or of an existing improvement district that provides the same service proposed to be
45 provided by the special service district, but only with the consent of the governing authority as
46 provided in a resolution or ordinance adopted by the governing authority; and
47 (iii) a special service district may not include any area not directly benefited by the services
48 provided under this section without the consent of the nonbenefited landowner.
49 (b) All parts of a special service district need not be contiguous.
50 (3) (a) As provided in Section 17A-2-1315 , the governing authority of any special service
51 district created under this part may create one or more improvement districts within the boundaries
52 of the special service district by following the procedures in, and meeting the requirements of,
53 Chapter 3, Part 2 or 3.
54 (b) The intent to create an improvement district need not be present at the time a special
55 service district is organized.
56 (c) Any improvement district created within the boundaries of a special service district
57 may only be organized to undertake projects or improvements for which the special service district
58 creating that improvement district was organized.

59 (d) The special service district shall meet all procedural requirements for creating an
60 improvement district at the time the improvement district is created, as provided in Section
61 17A-2-1315 and in Chapter 3, Part 2 or 3.
62 (e) In determining whether or not a project or improvement undertaken by an improvement
63 district is within the scope of the purposes for which the special service district creating that
64 improvement district was organized, any project or improvement reasonably related to the
65 purposes for which the special service district creating that improvement district was organized
66 is considered to be within the scope of those purposes.




Legislative Review Note
as of 2-13-01 9:19 AM

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

Office of Legislative Research and General Counsel