H.B. 212 Enrolled

SPECIAL SERVICE DISTRICT AMENDMENTS
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Eli H. Anderson
This act modifies the Utah Special Service District Act by expanding the scope of services
which special service districts may provide.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17A-2-1304, as last amended by Chapter 195, Laws of Utah 2001
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 special service districts -- Improvement districts within
special service districts.
(1) (a) A county or a municipality may establish a special service district for the purpose
of providing within the area of the special 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) in a county of the first class, providing, operating, and maintaining jail facilities for the
confinement of municipal, state, and other detainees and prisoners;
(xi) street lighting; [and]
(xii) consolidated 911 and emergency dispatch[.]; and

(xiii) animal shelter and control.
(b) Snow removal services may be provided in special service districts established under this
section to more effectively carry out the purposes of those special 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) Special service districts may contract with a franchised, certificated public utility for the
construction and operation of an electrical service distribution system within the special service
district.
(2) (a) The area within any special service district may include all or any part of the county
or municipality that established it except that:
(i) a special service district may not include the area of any other special service district
established by the same county or municipality that is now providing the same service proposed to
be supplied by the new special service district;
(ii) a special 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 special 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 special 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 special service district need not be contiguous.
(3) (a) As provided in Section 17A-2-1315 , the governing authority of any special 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, County Improvement District Act, or Part 3, Utah Municipal Improvement District
Act.
(b) The intent to create an improvement district need not be present at the time a special
service district is organized.

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(c) Any improvement district created within the boundaries of a special service district may
only be organized to undertake projects or improvements for which the special service district
creating that improvement district was organized.
(d) The special 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, County Improvement District Act, or Part 3, Utah Municipal
Improvement District Act.
(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 special service district creating that
improvement district was organized, any project or improvement reasonably related to the purposes
for which the special service district creating that improvement district was organized is considered
to be within the scope of those purposes.
(4) The creation of a special service district to provide jail services as provided in Subsection
(1)(a)(x) does not affect the ability of a municipality under Section 10-8-58 to provide, operate, and
maintain facilities for the temporary incarceration, not to exceed 72 hours, of persons charged with
the violation of a municipal ordinance.

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