reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 2 - Creating a Special Service District › Section 208 - Adoption of a resolution or ordinance approving the creation of a special service district.

17D-1-208.
Adoption of a resolution or ordinance approving the creation of a special service district.
(1) Subject to the provisions of and as provided in this part, the legislative body of a county or municipality may adopt a resolution or ordinance approving the creation of a special service district.
(2)
(a) Subject to Subsection (2)(b), a resolution or ordinance adopted by a legislative body under Subsection (1) may contain changes from the proposal as set forth in a resolution under Subsection 17D-1-203(1)(a) or a petition under Subsection 17D-1-203(1)(b), including changes in:
(i) the boundary of the special service district; and
(ii) the services to be provided by the special service district.
(b) The legislative body of a county or municipality may not adopt a resolution or ordinance under Subsection (1) that approves the creation of a special service district with a boundary that includes more area than is included in, or that authorizes the special service district to provide a service not proposed in, a resolution under Subsection 17D-1-203(1)(a) or a petition under Subsection 17D-1-203(1)(b), unless the requirements of Sections 17D-1-205, 17D-1-206, and 17D-1-207 are met with respect to the additional area or service, as the case may be.
Amended by Chapter 350, 2009 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 2 - Creating a Special Service District › Section 209 - Notice and plat to lieutenant governor -- Recording requirements -- Effective date.

17D-1-209.
Notice and plat to lieutenant governor -- Recording requirements -- Effective date.
(1) The legislative body adopting a resolution or ordinance approving the creation of a special service district shall:
(a) within 30 days after adopting the resolution or ordinance, file with the lieutenant governor:
(i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
(b) upon the lieutenant governor's issuance of a certificate of incorporation under Section 67-1a-6.5, submit to the recorder of the county in which the special service district is located:
(i) the original notice of an impending boundary action;
(ii) the original certificate of incorporation;
(iii) the original approved final local entity plat; and
(iv) a certified copy of the resolution or ordinance approving the creation of the special service district.
(2)
(a) Upon the lieutenant governor's issuance of a certificate of creation under Section 67-1a-6.5, the special service district is created and incorporated.
(b)
(i) The effective date of a special service district's incorporation for purposes of assessing property within the special service district is governed by Section 59-2-305.5.
(ii) Until the documents listed in Subsection (1)(b) are recorded in the office of the recorder of the county in which the property is located:
(A) the county, city, or town that created the special service district may not levy or collect a property tax for special service district purposes on property within the special service district; and
(B) the special service district may not:
(I) levy or collect an assessment on property within the special service district; or
(II) charge or collect a fee for service provided to property within the special service district.
Amended by Chapter 350, 2009 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 2 - Creating a Special Service District › Section 210 - Services that special service district is authorized to provide.

17D-1-210.
Services that special service district is authorized to provide.
(1) After its creation, a special service district may provide the service or services:
(a) specified in the resolution or ordinance creating the special service district; or
(b) added under Part 4, Annexing a New Area and Adding a New Service.
(2) Notwithstanding Subsection (1), a special service district created before May 5, 2008 may continue on and after that date to provide a service that the special service district was authorized before May 5, 2008 to provide.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 2 - Creating a Special Service District › Section 211 - Municipality's ability to provide temporary jail facilities not affected by the creation of a special service district to provide jail services.

17D-1-211.
Municipality's ability to provide temporary jail facilities not affected by the creation of a special service district to provide jail services.
The creation of a special service district to provide jail services as provided in Subsection 17D-1-201(10) 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.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 2 - Creating a Special Service District › Section 212 - Action to challenge the creation of a special service district or a service to be provided.

17D-1-212.
Action to challenge the creation of a special service district or a service to be provided.
(1) A person may file an action in district court challenging the creation of a special service district or a service that a special service district is proposed to provide if:
(a) the person filed a written protest under Section 17D-1-206;
(b) the person:
(i)
(A) is a registered voter within the special service district; and
(B) alleges in the action that the procedures used to create the special service district violated applicable law; or
(ii)
(A) is an owner of property included within the boundary of the special service district; and
(B) alleges in the action that:
(I) the person's property will not be benefitted by a service that the special service district is proposed to provide; or
(II) the procedures used to create the special service district violated applicable law; and
(c) the action is filed within 30 days after the date that the legislative body adopts a resolution or ordinance creating the special service district.
(2) If an action is not filed within the time specified under Subsection (1), a registered voter or an owner of property located within the special service district may not contest the creation of the special service district or a service that the special service district is proposed to provide.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 3 - Administrative Control Board › Section 301 - Governance of a special service district -- Authority to create and delegate authority to an administrative control board -- Limitations on authority to delegate.

Effective 5/12/2015
17D-1-301.
Governance of a special service district -- Authority to create and delegate authority to an administrative control board -- Limitations on authority to delegate.
(1) Each special service district shall be governed by the legislative body of the county or municipality that creates the special service district, subject to any delegation under this section of a right, power, or authority to an administrative control board.
(2) At the time a special service district is created or at any time thereafter, the legislative body of a county or municipality that creates a special service district may, by resolution or ordinance:
(a) create an administrative control board for the special service district;
(b) subject to Subsection (3), delegate to the administrative control board the exercise of any right, power, or authority that the legislative body possesses with respect to the governance of the special service district; and
(c) specify the members of the initial administrative control board by name or other designation that clearly identifies each member of the initial administrative control board.
(3) A county or municipal legislative body may not delegate to an administrative control board of a special service district the power to:
(a) annex an area to an existing special service district or add a service within the area of an existing special service district under Part 4, Annexing a New Area and Adding a New Service;
(b) designate, under Section 17D-1-107, the classes of special service district contracts that are subject to Title 11, Chapter 39, Building Improvements and Public Works Projects;
(c) levy a tax on the taxable property within the special service district;
(d) issue special service district bonds payable from taxes;
(e) call or hold an election for the authorization of a property tax or the issuance of bonds;
(f) levy an assessment;
(g) issue interim warrants or bonds payable from an assessment; or
(h) appoint a board of equalization under Section 11-42-403.
(4)
(a) A county or municipal legislative body that has delegated a right, power, or authority under this section to an administrative control board may at any time modify, limit, or revoke any right, power, or authority delegated to the administrative control board.
(b) A modification, limitation, or revocation under Subsection (4)(a) does not affect the validity of an action taken by an administrative control board before the modification, limitation, or revocation.
Amended by Chapter 437, 2015 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 3 - Administrative Control Board › Section 302 - Number of members of an administrative control board.

Effective 5/13/2014
17D-1-302.
Number of members of an administrative control board.
(1) An administrative control board shall consist of at least three members in addition to a member appointed in accordance with Subsections 17D-1-303(3) and (4).
(2) The number of administrative control board members for a special service district established by a county of the first class to provide jail service as provided in Subsection 17D-1-201(10) is nine.
Amended by Chapter 377, 2014 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 3 - Administrative Control Board › Section 303 - Election or appointment of administrative control board members.

Effective 2/27/2023
17D-1-303.
Election or appointment of administrative control board members.
(1) Except as provided in Subsection (5), a county or municipal legislative body that creates an administrative control board may provide for board members to be elected or appointed, or for some members to be elected and some appointed.
(2) Except as provided in Subsection (3), each member of an administrative control board shall be elected or appointed as provided for the election or appointment, respectively, of a member of a board of trustees of a special district under Title 17B, Chapter 1, Part 3, Board of Trustees.
(3) A municipality or improvement district under Title 17B, Chapter 2a, Part 4, Improvement District Act, may appoint one member to represent it on an administrative control board created for a special service district if:
(a) the special service district was created by a county;
(b) the municipality or improvement district:
(i) provides the same service as the special service district; or
(ii) provided the same service as the special service district:
(A) prior to the creation of the special service district, if all or part of the municipality or improvement district was then included in the special service district; or
(B) prior to all or part of the municipality or improvement district being annexed into the special service district; and
(c) the special service district includes some or all of the area included within the municipality or improvement district.
(4) An institution of higher education for which a special service district provides commodities, services, or facilities may appoint the number of members of an administrative control board of that special service district that are equal in number to at least 1/3 of the total number of board members.
(5) With respect to an administrative control board created for a special service district created by a county of the first class to provide jail service as provided in Subsection 17D-1-201(10), the county legislative body shall appoint:
(a) three members from a list of at least six recommendations from the county sheriff;
(b) three members from a list of at least six recommendations from municipalities within the county; and
(c) three members from a list of at least six recommendations from the county executive.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 3 - Administrative Control Board › Section 304 - Qualifications of administrative control board members -- Term of office.

Effective 5/3/2023
17D-1-304.
Qualifications of administrative control board members -- Term of office.
(1)
(a) Except as provided in Subsection (1)(b), each member of an administrative control board shall be:
(i) a registered voter within the special service district;
(ii) an officer or employee of the county or municipality that created the special service district; or
(iii) an owner of land, or an agent or officer of the owner of land, located within the special service district that receives, or intends to receive, service from the special service district, if:
(A) at least 60% of the residences within the special service district are seasonally occupied homes; or
(B) more than 50%, but less than 60%, of the residences within the special service district are seasonally occupied homes, if the number of members appointed under this Subsection (1)(a)(iii)(B) comprises less than a quorum of the board.
(b) Subsection (1)(a) does not apply if:
(i) at least 90% of the owners of real property within the special service district are not registered voters within the special service district; or
(ii) the member is appointed under Subsection 17D-1-303(3) or (4).
(2)
(a) Except as provided in Subsection (2)(b), the term of each member of an administrative control board is four years.
(b) The term of as close as possible to half of the initial members of an administrative control board, chosen by lot, is two years.
Amended by Chapter 100, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 3 - Administrative Control Board › Section 305 - Compensation for administrative control board members.

Effective 2/27/2023
17D-1-305.
Compensation for administrative control board members.
An administrative control board member may receive compensation and reimbursement of expenses as provided in Section 17B-1-307 to the same extent as if the member were a member of a board of trustees of a special district.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 3 - Administrative Control Board › Section 306 - Administrative control board review of certain charges in special service districts providing jail service.

17D-1-306.
Administrative control board review of certain charges in special service districts providing jail service.
If the legislative body of a county of the first class creates an administrative control board under this part for a special service district that provides jail service as provided in Subsection 17D-1-201(10), the administrative control board may review and approve any amount charged to the special service district as reimbursement to the county for services provided under Subsection 17D-1-103(2)(i) before the amount is included in the special service district budget.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 3 - Administrative Control Board › Section 307 - Meetings of administrative control board.

Effective 5/3/2023
17D-1-307.
Meetings of administrative control board.
(1)
(a) Each meeting of the administrative control board shall comply with Title 52, Chapter 4, Open and Public Meetings Act.
(b) Subject to Subsection (2), an administrative control board shall:
(i) adopt rules of order and procedure to govern a public meeting of the administrative control board;
(ii) conduct a public meeting in accordance with the rules of order and procedure described in Subsection (1)(b)(i); and
(iii) make the rules of order and procedure described in Subsection (1)(b)(i) available to the public:
(A) at each meeting of the administrative control board; and
(B) if the special service district has a public website, on the website.
(2) Subsection (1)(b) does not affect the administrative control board's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
Enacted by Chapter 100, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 4 - Annexing a New Area and Adding a New Service › Section 401 - Annexing an area or adding a service to an existing special service district.

Effective 2/27/2023
17D-1-401.
Annexing an area or adding a service to an existing special service district.
(1) Except as provided in Subsections (3) and (4), a county or municipal legislative body acting as the governing body of the special service district may, as provided in this part:
(a) annex an area to an existing special service district to provide to that area a service that the special service district is authorized to provide;
(b) add a service under Section 17D-1-201 within the area of an existing special service district that the special service district is not already authorized to provide; or
(c) both annex an area under Subsection (1)(a) and add a service under Subsection (1)(b).
(2) Except for Section 17D-1-209, the provisions of Part 2, Creating a Special Service District, apply to and govern the process of annexing an area to an existing special service district or adding a service that the special service district is not already authorized to provide, to the same extent as if the annexation or addition were the creation of a special service district.
(3) A county or municipal legislative body may not:
(a) annex an area to an existing special service district if a special district provides to that area the same service that the special service district is proposed to provide to the area, unless the special district consents to the annexation; or
(b) add a service within the area of an existing special service district if a special district provides to that area the same service that is proposed to be added, unless the special district consents to the addition.
(4) A county or municipal legislative body may not annex an area to an existing special service district or add a service within the area of an existing special service district if the creation of a special service district including that area or providing that service would not be allowed under Part 2, Creating a Special Service District.
(5) A county or municipal legislative body may not annex an area to an existing special service district or add a service within the area of an existing special service district if the area is located within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act, unless the county or municipal legislative body has first obtained the authority's approval.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 4 - Annexing a New Area and Adding a New Service › Section 402 - Inapplicability of some requirements if petition is filed by all owners of taxable real property.

17D-1-402.
Inapplicability of some requirements if petition is filed by all owners of taxable real property.
Notwithstanding Section 17D-1-401, the notice, hearing, and protest requirements of Part 2, Creating a Special Service District, do not apply if a petition to annex an area or to add a service to an existing special service district is filed with the legislative body of the county or municipality, as the case may be, containing the signatures of all owners of taxable real property:
(1) within the area proposed to be annexed, if the petition is for annexation of an area to the special service district; or
(2) within the special service district, if the petition is for adding a service to be provided by the special service district.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 4 - Annexing a New Area and Adding a New Service › Section 403 - Notice and plat to lieutenant governor -- Lieutenant governor certification -- Recording requirements -- Effective date.

17D-1-403.
Notice and plat to lieutenant governor -- Lieutenant governor certification -- Recording requirements -- Effective date.
(1) If a county or municipal legislative body adopts a resolution approving the annexation of an area to an existing special service district, the legislative body shall:
(a) within 30 days after adopting the resolution, file with the lieutenant governor:
(i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
(b) upon the lieutenant governor's issuance of a certificate of annexation under Section 67-1a-6.5, submit to the recorder of the county in which the special service district is located:
(i) the original notice of an impending boundary action;
(ii) the original certificate of annexation;
(iii) the original approved final local entity plat; and
(iv) a certified copy of the resolution approving the annexation.
(2)
(a) Upon the lieutenant governor's issuance of the certificate of annexation under Section 67-1a-6.5, the additional area that is the subject of the legislative body's resolution is annexed to the special service district.
(b)
(i) The effective date of an annexation under this section for purposes of assessing property within the annexed area is governed by Section 59-2-305.5.
(ii) Until the documents listed in Subsection (1)(b) are recorded in the office of the recorder of the county in which the property is located:
(A) the county, city, or town that created the special service district may not levy or collect a property tax for special service district purposes on property within the annexed area; and
(B) the special service district may not:
(I) levy or collect an assessment on property within the annexed area; or
(II) charge or collect a fee for service provided to property within the annexed area.
(iii) Subsection (2)(b)(ii)(B)(II):
(A) may not be construed to limit a special service district's ability before annexation to charge and collect a fee for service provided to property that is outside the special service district's boundary; and
(B) does not apply until 60 days after the effective date, under Subsection (2)(a), of the special service district's annexation, with respect to a fee that the special service district was charging for service provided to property within the annexed area immediately before the area was annexed to the special service district.
Amended by Chapter 350, 2009 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 5 - Special Service District Bonds › Section 501 - Provisions applicable to a special service district's issuance of bonds.

17D-1-501.
Provisions applicable to a special service district's issuance of bonds.
Except as otherwise provided in this chapter:
(1) each special service district that issues bonds shall:
(a) issue them as provided in, as applicable:
(i)Title 11, Chapter 14, Local Government Bonding Act; or
(ii)Title 11, Chapter 42, Assessment Area Act; and
(b) receive the benefits of Title 11, Chapter 30, Utah Bond Validation Act; and
(2) each special service district that issues refunding bonds shall issue them as provided in Title 11, Chapter 27, Utah Refunding Bond Act.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 5 - Special Service District Bonds › Section 502 - General obligation bonds.

17D-1-502.
General obligation bonds.
(1) Except as provided in Subsection (3), if a special service district intends to issue general obligation bonds, the special service district shall first obtain the approval of special service district voters for issuance of the bonds at an election held for that purpose as provided in Title 11, Chapter 14, Local Government Bonding Act.
(2) General obligation bonds shall be secured by a pledge of the full faith and credit of the special service district.
(3) A special service district may issue refunding general obligation bonds, as provided in Title 11, Chapter 27, Utah Refunding Bond Act, without obtaining voter approval.
(4)
(a) A special service district may not issue general obligation bonds if the issuance of the bonds will cause the outstanding principal amount of all of the special service district's general obligation bonds to exceed the amount that results from multiplying the fair market value of the taxable property within the special service district, as determined under Subsection 11-14-301(3)(b), by .12.
(b) Bonds or other obligations of a special service district that are not general obligation bonds are not included in the limit stated in Subsection (4)(a).
(5) A special service district may not be considered to be a municipal corporation for purposes of the debt limitation of the Utah Constitution Article XIV, Section 4.
(6) Bonds issued by an administrative or legal entity created under Title 11, Chapter 13, Interlocal Cooperation Act, may not be considered to be bonds of a special service district that participates in the agreement creating the administrative or legal entity.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 5 - Special Service District Bonds › Section 503 - Levy to pay for general obligation bonds.

17D-1-503.
Levy to pay for general obligation bonds.
(1)
(a) If a special service district has issued general obligation bonds, or expects to have debt service payments due on general obligation bonds during the current year, the legislative body of the county or municipality that created the special service district may make an annual levy of ad valorem property taxes in order to:
(i) pay the principal of and interest on the general obligation bonds;
(ii) establish a sinking fund for defaults and future debt service on the general obligation bonds; and
(iii) establish a reserve to secure payment of the general obligation bonds.
(b) A levy under Subsection (1)(a) is:
(i) without limitation as to rate or amount; and
(ii) subject to the prior approval of a majority of registered voters of the special service district voting in an election held for that purpose on a date specified in Section 20A-1-204.
(2)
(a) Each county or municipality that levies a tax under Subsection (1) shall:
(i) levy the tax as a separate and special levy for the specific purposes stated in Subsection (1); and
(ii) apply the proceeds from the levy solely for the purpose of paying the principal of and interest on the general obligation bonds, even though the proceeds may be used to establish or replenish a sinking fund under Subsection (1)(a)(ii) or a reserve under Subsection (1)(a)(iii).
(b) A levy under Subsection (2)(a) is not subject to a priority in favor of a special service district obligation in existence at the time the bonds were issued.
Amended by Chapter 415, 2013 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 5 - Special Service District Bonds › Section 504 - Pledge of revenues to pay for bonds.

17D-1-504.
Pledge of revenues to pay for bonds.
Bonds may be payable from and secured by the pledge of all or any specified part of:
(1) the revenues to be derived by the special service district from providing its services and from the operation of its facilities and other properties;
(2) sales and use taxes, property taxes, and other taxes;
(3) federal, state, or local grants;
(4) in the case of special assessment bonds, the special assessments pledged to repay the special assessment bonds; and
(5) other money legally available to the special service district.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 5 - Special Service District Bonds › Section 505 - Revenue bonds -- Requirement to impose rates and charges to cover revenue bonds -- Authority to make agreements and covenants to provide for bond repayment.

17D-1-505.
Revenue bonds -- Requirement to impose rates and charges to cover revenue bonds -- Authority to make agreements and covenants to provide for bond repayment.
(1) Subject to Subsection 17D-1-501(2), a special service district intending to issue revenue bonds may, but is not required to, submit to special service district voters for their approval the issuance of the revenue bonds at an election held for that purpose as provided in Title 11, Chapter 14, Local Government Bonding Act.
(2) Each special service district that has issued revenue bonds shall impose rates and charges for the services or commodities it provides fully sufficient, along with other sources of special service district revenues, to carry out all undertakings of the special service district with respect to its revenue bonds.
(3) A special service district that issues revenue bonds may:
(a) agree to pay operation and maintenance expenses of the special service district from the proceeds of the ad valorem taxes that this chapter authorizes the county or municipality that created the special service district to levy; and
(b) for the benefit of bondholders, enter into covenants that:
(i) are permitted by Title 11, Chapter 14, Local Government Bonding Act; and
(ii) provide for other pertinent matters that the governing body considers proper to assure the marketability of the bonds.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 5 - Special Service District Bonds › Section 506 - Governing body required to fix rates to cover district expenses and bonds.

17D-1-506.
Governing body required to fix rates to cover district expenses and bonds.
The governing body shall fix the rate or rates for services or commodities provided by the special service district that will, in conjunction with the proceeds of any maintenance and operation tax and other special service district revenues:
(1) pay the special service district's operating expenses;
(2) provide for repairs and depreciation of works owned or operated by the special service district;
(3) pay the interest on any bonds issued by the special service district; and
(4) provide, as much as practicable, a sinking or other fund to pay the principal of the bonds as they become due.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 5 - Special Service District Bonds › Section 508 - Special service district obligations are not obligations of any other entity.

17D-1-508.
Special service district obligations are not obligations of any other entity.
A special service district bond, note, or other obligation or indebtedness, whether or not payable from taxes, may not be:
(1) considered to be a bond, note, or other obligation or indebtedness of or to be enforceable against the state or a county, municipality, school district, or other political subdivision of the state; or
(2) taken into account in calculating a debt limit applicable to the state or a county, municipality, school district, or other political subdivision of the state.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 5 - Special Service District Bonds › Section 509 - Ratification of previously issued bonds and previously entered contracts.

17D-1-509.
Ratification of previously issued bonds and previously entered contracts.
All bonds issued or contracts entered into by a special service district before May 5, 2008 are ratified, validated, and confirmed and declared to be valid and legally binding obligations of the special service district in accordance with their terms.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 6 - Withdrawal, Dissolution, Discontinuing Services, and Reorganization › Section 601 - Adoption of a resolution to approve withdrawal, dissolution, discontinuance of a service, or reorganization.

Effective 2/27/2023
17D-1-601.
Adoption of a resolution to approve withdrawal, dissolution, discontinuance of a service, or reorganization.
Subject to and as provided in this part, the legislative body of the county or municipality that created a special service district may by resolution:
(1) approve the withdrawal of an area from the special service district if the legislative body determines that the area should not or cannot be provided the service that the special service district provides;
(2) approve the dissolution of the special service district if the legislative body determines that the special service district is no longer needed for the purposes for which it was created;
(3) discontinue a service that the special service district provides; or
(4) reorganize the special service district as a special district.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 6 - Withdrawal, Dissolution, Discontinuing Services, and Reorganization › Section 603 - Notice and plat to lieutenant governor -- Recording requirements.

Effective 2/27/2023
17D-1-603.
Notice and plat to lieutenant governor -- Recording requirements.
(1) If a county or municipal legislative body adopts a resolution approving the withdrawal of an area from a special service district, the dissolution of a special service district, or the reorganization of a special service district as a special district, the county or municipal legislative body, as the case may be, shall:
(a) within 30 days after adopting the resolution, file with the lieutenant governor:
(i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
(ii) in the case of a withdrawal, a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
(b) upon the lieutenant governor's issuance of a certificate of withdrawal, dissolution, or incorporation, as the case may be, under Section 67-1a-6.5, submit to the recorder of the county in which the special service district is located:
(i) the original notice of an impending boundary action;
(ii) the original certificate of withdrawal or dissolution, as the case may be;
(iii) in the case of a withdrawal, the original approved final local entity plat; and
(iv) a certified copy of the resolution approving the withdrawal, dissolution, or incorporation.
(2)
(a) Upon the lieutenant governor's issuance of the certificate of withdrawal under Section 67-1a-6.5, the area to be withdrawn that is the subject of the legislative body's resolution is withdrawn from the special service district.
(b) Upon the lieutenant governor's issuance of the certificate of dissolution under Section 67-1a-6.5, the special service district is dissolved.
(3)
(a) Upon the lieutenant governor's issuance of a certificate of incorporation as provided in Section 67-1a-6.5, the special service district is:
(i) reorganized and incorporated as a special district subject to the provisions of Title 17B, Chapter 1, Provisions Applicable to All Special Districts;
(ii) subject to Subsection (3)(b), if the special service district is reorganized as a special district described in and subject to Title 17B, Chapter 2a, Provisions Applicable to Different Types of Special Districts, the applicable part of that chapter; and
(iii) no longer a special service district.
(b) A special service district reorganized as a special district is a basic special district as provided in Title 17B, Chapter 1, Part 14, Basic Special District, unless the resolution adopted in accordance with Subsection 17D-1-604(5):
(i) specifies that the reorganized special district is a different type of special district other than a basic special district; and
(ii) states the type of that special district, including the governing part in Title 17B, Chapter 2a, Provisions Applicable to Different Types of Special Districts.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 1 - General Provisions › Section 103 - Status and authority of a local building authority -- Registration as a limited purpose entity.

Effective 5/8/2018
17D-2-103.
Status and authority of a local building authority -- Registration as a limited purpose entity.
(1) A local building authority:
(a) is a public entity and an instrumentality of the state, created by a local entity solely for the purpose of constructing, acquiring, improving, or extending, and financing the costs of, one or more projects on behalf of the local entity;
(b) shall be known as the "Local Building Authority of (name of the creating local entity)"; and
(c) may:
(i) as provided in this chapter, construct, acquire, improve, or extend, and finance the costs of, one or more projects on behalf of the creating local entity, in order to accomplish the public purposes for which the creating local entity exists; and
(ii) as provided in Part 5, Local Building Authority Bonds, issue and sell its bonds for the purpose of paying the costs of constructing, acquiring, improving, or extending a project.
(2)
(a) Each local building authority shall register and maintain the local building authority's registration as a limited purpose entity, in accordance with Section 67-1a-15.
(b) A local building authority that fails to comply with Subsection (2)(a) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
Amended by Chapter 256, 2018 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 1 - General Provisions › Section 104 - Local building authority property exempt from taxation.

17D-2-104.
Local building authority property exempt from taxation.
Property owned, held, or acquired by a local building authority, including all rent or other payment due under a lease agreement, is exempt from all taxation in the state.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 1 - General Provisions › Section 105 - Action of a local entity's governing body or a local building authority's board of directors.

17D-2-105.
Action of a local entity's governing body or a local building authority's board of directors.
(1) The governing body of a local entity or the authority board of a local building authority may take an action or proceeding under this chapter by resolution.
(2) Except as specifically required under this chapter:
(a) an ordinance, resolution, or proceeding with respect to a transaction under this chapter is not necessary; and
(b) the publication of a resolution, proceeding, or notice relating to a transaction under this chapter is not necessary.
(3) The governing body of a local entity or authority board of a local building authority may adopt a proceeding under this chapter on a single reading at a legally convened meeting of the governing body or authority board, as the case may be.
(4) Except as specifically provided in this chapter, a resolution adopted or proceeding taken under this chapter is not subject to referendum.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 1 - General Provisions › Section 106 - Publications in newspapers.

17D-2-106.
Publications in newspapers.
A publication made under this chapter may be made in a newspaper conforming to the terms of this chapter and in which legal notices may be published under the law, without regard to whether the newspaper is designated as the local entity's official journal or newspaper.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 1 - General Provisions › Section 107 - Local building authority not subject to any state board, commission, or agency.

17D-2-107.
Local building authority not subject to any state board, commission, or agency.
Neither a local building authority nor a project is subject to the jurisdiction of any board, commission, or agency of the state, including the Public Service Commission.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 1 - General Provisions › Section 108 - Other statutory provisions.

Effective 2/27/2023
17D-2-108.
Other statutory provisions.
(1) This chapter is supplemental to existing laws relating to a local entity's acquisition, use, maintenance, management, or operation of a project.
(2) Except as provided in this chapter, a local entity or local building authority that complies with the provisions of this chapter need not comply with any other statutory provision concerning the acquisition, construction, use, or maintenance of a project, including:
(a) a statute relating to public bidding; and
(b)Title 63G, Chapter 6a, Utah Procurement Code.
(3) A local building authority is, to the same extent as if it were a special district, subject to and governed by:
(a)Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special Districts;
(b)Title 17B, Chapter 1, Part 8, Special District Personnel Management; and
(c) Section 17B-1-108.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 1 - General Provisions › Section 109 - Construction of this chapter -- Conflicts with other provisions.

17D-2-109.
Construction of this chapter -- Conflicts with other provisions.
(1) To enable a local building authority to perform its essential governmental functions on behalf of its creating local entity, this chapter shall be liberally construed.
(2)
(a) If a provision of this chapter conflicts with another statutory provision, the provision of this chapter controls.
(b) Subsection (2)(a) applies notwithstanding Section 11-14-403.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 1 - General Provisions › Section 110 - Validation of previous proceedings.

17D-2-110.
Validation of previous proceedings.
Each proceeding taken by a local entity before May 5, 2008 in connection with the creation and operation of a local building authority is validated, ratified, approved, and confirmed.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 2 - Local Building Authority Act › Part 2 - Local Building Authority Creation, Powers, and Governance › Section 201 - Creating a local building authority -- Articles of incorporation and bylaws -- Changing a local building authority.

17D-2-201.
Creating a local building authority -- Articles of incorporation and bylaws -- Changing a local building authority.
(1) The governing body of a local entity may create a local building authority by following the procedures in Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, for the incorporation of a nonprofit corporation.
(2) The creating local entity's governing body shall approve:
(a) the local building authority's articles of incorporation before they are filed with the Division of Corporations and Commercial Code; and
(b) the local building authority's bylaws.
(3) The creating local entity's governing body may, in its sole discretion and at any time, change the local building authority's structure, organization, programs, or activities, subject to:
(a) this chapter; and
(b) the rights of:
(i) holders of the local building authority's bonds; and
(ii) parties to other obligations of the local building authority.
Enacted by Chapter 360, 2008 General Session