Download Zipped Introduced WP 8.0 HB0058.ZIP 8,022 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 58
1
LOCAL GOVERNMENT AMENDMENTS
2
2000 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: Joseph G. Murray
5
AN ACT RELATING TO SPECIAL DISTRICTS; ADDING TO THE LIST OF SERVICES
6
THAT A SPECIAL SERVICE DISTRICT IS AUTHORIZED TO PROVIDE; AND PROVIDING
7
AN EFFECTIVE DATE.
8
This act affects sections of Utah Code Annotated 1953 as follows:
9
AMENDS:
10
17A-2-1304, as last amended by Chapter 275, Laws of Utah 1993
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 service districts -- Improvement districts within service
14
districts.
15
(1) (a) A county or a municipality may establish a service district for the purpose of
16
providing within the area of the service district any of the following services or any combination
17
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; [and]
27
(x) street lighting; and
28
(xi) emergency dispatch.
29
(b) Snow removal services may be provided in service districts established under this
30
section to more effectively carry out the purposes of those service districts.
31
(c) These services may be provided through facilities or systems acquired or constructed
32
for that purpose through construction, purchase, lease, contract, gift, or condemnation or any
33
combination of the above.
34
(d) Service districts may contract with a franchised, certificated public utility for the
35
construction and operation of an electrical service distribution system within the service district.
36
(2) (a) The area within any service district may include all or any part of the county or
37
municipality that established it except that:
38
(i) a service district may not include the area of any other service district established by
39
the same county or municipality that is now providing the same service proposed to be supplied
40
by the new service district;
41
(ii) a service district established by a county may contain all or a part of any municipality
42
or of an existing improvement district that provides the same service proposed to be provided by
43
the service district, but only with the consent of the governing authority as provided in a resolution
44
or ordinance adopted by the governing authority; and
45
(iii) a service district may not include any area not directly benefited by the services
46
provided under this section without the consent of the nonbenefited landowner.
47
(b) All parts of a service district need not be contiguous.
48
(3) (a) As provided in Section
17A-2-1315
, the governing authority of any service district
49
created under this part may create one or more improvement districts within the boundaries of the
50
special service district by following the procedures in, and meeting the requirements of, Chapter
51
3, Part 2 or 3.
52
(b) The intent to create an improvement district need not be present at the time a service
53
district is organized.
54
(c) Any improvement district created within the boundaries of a service district may only
55
be organized to undertake projects or improvements for which the service district creating that
56
improvement district was organized.
57
(d) The service district shall meet all procedural requirements for creating an improvement
58
district at the time the improvement district is created, as provided in Section
17A-2-1315
and in
59
Chapter 3, Part 2 or 3.
60
(e) In determining whether or not a project or improvement undertaken by an improvement
61
district is within the scope of the purposes for which the service district creating that improvement
62
district was organized, any project or improvement reasonably related to the purposes for which
63
the service district creating that improvement district was organized is considered to be within the
64
scope of those purposes.
65
Section 2. Effective date.
66
This act takes effect January 1, 2001, only if S.J.R. 5, Resolution Amending State and
67
Local Government Provisions, passed by the Legislature during the 1999 General Session, is
68
approved by voters at the 2000 regular general election.
Legislative Review Note
as of 12-28-99 8:39 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.