Title 17B, Limited Purpose Local Government Entities - Special Districts

17B-1-103. Special district status and powers -- Registration as a limited purpose entity. (1) A special district: (a) is: (i) a body corporate and politic with perpetual succession; (ii) a quasi-municipal corporation; (iii) a political subdivision of the state; and (iv) separate…

17B-1-104. Property owner provisions. (1) For purposes of this title: (a) the owner of real property shall be: (i) except as provided in Subsection (1)(a)(ii), the fee title owner according to the records of the county recorder on the date of the filing of the request or petition…

17B-1-104.5. Groundwater right owner provisions -- Vote. (1) For purposes of this title, an owner of a groundwater right, is on the date of the filing of a groundwater right owner petition or groundwater right owner request, the owner according to: (a) a deed recorded with the co…

17B-1-105. Name of special district -- Name change. (1)(a) The name of each special district created on or after May 1, 2000, shall comply with Section 17-60-103. (b) The board of each special district affected by Section 17-60-103 shall ensure that after January 1, 2005, the spe…

17B-1-106. Notice before preparing or amending a long-range plan or acquiring certain property. (1) As used in this section: (a)(i) "Affected entity" means each county, municipality, special district under this title, special service district, school district, interlocal cooperat…

17B-1-107. Recording a release of lien. If a special district records a lien upon real property or a groundwater right for an unpaid assessment by the owner and the owner then pays the assessment in full, including, subject to Section 17B-1-902.1, any interest and administrative …

17B-1-108. Provisions applicable to the procurement of design professional services. (1) As used in this section, "design professional services" means the same as that term is defined in Section 63G-6a-103. (2) The procurement of design professional services is governed by Title …

17B-1-110. Compliance with nepotism requirements. Each special district shall comply with Title 52, Chapter 3, Prohibiting Employment of Relatives.

17B-1-1101. Provisions applicable to a special district's issuance of bonds. Subject to the provisions of this part: (1) each special district that issues bonds shall: (a) issue them as provided in, as applicable: (i) Title 11, Chapter 14, Local Government Bonding Act; or (ii) Ti…

17B-1-1102. General obligation bonds. (1) Except as provided in Subsections (3) and (7), if a district intends to issue general obligation bonds, the district shall first obtain the approval of district voters for issuance of the bonds at an election held for that purpose as prov…

17B-1-1103. Levy to pay for general obligation bonds. (1)(a) If a district has issued general obligation bonds, or expects to have debt service payments due on general obligation bonds during the current year, the district's board of trustees may make an annual levy of ad valorem…

17B-1-1104. 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 district from providing its services and from the operation of its facilities and other properties; …

17B-1-1105. Revenue bonds -- Requirement to impose rates and charges to cover revenue bonds -- Authority to make agreements and covenants to provide for bond repayment. (1) A special district intending to issue revenue bonds may, but is not required to, submit to district voters …

17B-1-1106. Board of trustees required to fix rates to cover district expenses and bonds. The board of trustees shall fix the rate or rates for services or commodities provided by the district that will, in conjunction with the proceeds of any maintenance and operation tax and ot…

17B-1-1107. Ratification of previously issued bonds and previously entered contracts. All bonds issued or contracts entered into by a special district before April 30, 2007 are ratified, validated, and confirmed and declared to be valid and legally binding obligations of the dist…

17B-1-111. Impact fee resolution -- Notice and hearing requirements. (1)(a) If a special district wishes to impose impact fees, the board of trustees of the special district shall: (i) prepare a proposed impact fee resolution that meets the requirements of Title 11, Chapter 36a, …

17B-1-113. Liability insurance. (1) Each special district with an annual operating budget of $50,000 or more shall obtain liability insurance as considered appropriate by the special district board. (2) Each special district with an annual operating budget of less than $50,000 is…

17B-1-114. Special district property taxes on a parity with general taxes. Unless otherwise specifically provided by statute, property taxes levied by a special district shall constitute a lien on the property on a parity with and collectible at the same time and in the same mann…

17B-1-115. Validation of previously created special districts -- Continuation of certain special districts under this chapter -- Providing a previously authorized service. (1) Each special district created before April 30, 2007 under the law in effect at the time of the creation …

17B-1-116. Property exempt from taxation and execution. All property and assets of a special district are exempt from taxation and exempt from execution.

17B-1-117. Severability. A court's invalidation of any provision of this title may not be considered to affect the validity of any other provision of this title.

17B-1-118. Special district hookup fee -- Preliminary design or site plan from a specified public agency. (1) As used in this section: (a) "Hookup fee" means a fee for the installation and inspection of any pipe, line, meter, or appurtenance to connect to a special district water…

17B-1-119. Duty to comply with local land use provisions -- Requirements before providing a service. (1)(a) If a land use authority consults with or allows a special district to participate in any way in a land use authority's land use development review or approval process, the …

17B-1-120. Exactions -- Exaction for water interest -- Requirement to offer to original owner property acquired by exaction. (1) A special district may impose an exaction on a service received by an applicant, including, subject to Subsection (2), an exaction for a water interest…

17B-1-1201. Definitions. As used in this part: (1) "Eligible function" means: (a) a power conferred on a special district under this title; (b) a tax or assessment levied by a special district; (c) an act or proceeding that a special district: (i) has taken; or (ii) contemplates …

17B-1-1202. Authority to file a validation petition -- Petition requirements -- Amending or supplementing a validation petition. (1) The board of trustees of a special district may at any time file a validation petition. (2) Each validation petition shall: (a) describe the eligib…

17B-1-1203. Hearing on a validation petition. (1) Upon the filing of a validation petition, the district court shall enter an order setting a date, time, and place for a hearing on the validation petition. (2) A hearing under Subsection (1) may not be held less than 21 days after…

17B-1-1204. Notice of the hearing on a validation petition -- Amended or supplemented validation petition. (1) Upon the entry of an order under Section 17B-1-1203 setting a hearing on a validation petition, the special district that filed the petition shall publish notice, as a c…

17B-1-1205. Property owner or interested person may appear in validation proceedings -- Failure to appear. (1) An owner of property within the district or a person interested in a contract or proposed contract that is the subject of a validation petition may appear and answer or …

17B-1-1206. Validation petition hearing -- Validation proceedings. (1) At each validation petition hearing, the court shall determine all matters and issues affecting the questions raised by the validation petition. (2) The district court shall: (a) advance each matter pertaining…

17B-1-1207. Findings, conclusions, and judgment -- Costs -- Effect of judgment -- Appeal. (1) After the hearing under Section 17B-1-1203 on a validation petition, the district court shall: (a) make and enter written findings of fact and conclusions of law; and (b) render a judgme…

17B-1-121. Limit on fees -- Requirement to itemize and account for fees -- Appeals. (1) A special district may not impose or collect: (a) an application fee that exceeds the reasonable cost of processing the application; or (b) an inspection or review fee that exceeds the reasona…

17B-1-1301. Definitions. For purposes of this part: (1) "Active" means, with respect to a special district, that the district is not inactive. (2) "Administrative body" means: (a) if the special district proposed to be dissolved has a duly constituted board of trustees in suffici…

17B-1-1302. Special district dissolution. (1) A special district may be dissolved as provided in this part. (2) No later than 180 days after the payment of all debt of an infrastructure financing district, the board of trustees of the infrastructure financing district shall adopt…

17B-1-1303. Initiation of dissolution process. The process to dissolve a special district may be initiated by: (1) for an inactive special district: (a)(i) for a special district whose board of trustees is elected by electors based on the acre-feet of water allotted to the land o…

17B-1-1304. Petition requirements. (1) Each petition under Subsection 17B-1-1303(1)(a) or (2) shall: (a) indicate the typed or printed name and current residence address of each owner of acre-feet of water, property owner, or registered voter signing the petition; (b) if it is a …

17B-1-1305. Petition certification -- Removal or reinstatement of signature. (1) Within 30 days after the filing of a petition under Subsection 17B-1-1303(1)(a) or (2), the clerk shall: (a) with the assistance of officers of the county in which the special district is located fro…

17B-1-1306. Public hearing. (1) For each petition certified under Section 17B-1-1305 and each resolution that an administrative body adopts under Subsection 17B-1-1303(1)(b), the administrative body shall hold a public hearing on the proposed dissolution. (2) The administrative b…

17B-1-1307. Notice of public hearing and of dissolution. (1) Before holding a public hearing required under Section 17B-1-1306, the administrative body shall publish notice of the public hearing and of the proposed dissolution for the special district proposed to be dissolved, as…

17B-1-1308. Second public hearing -- Dissolution resolution -- Limitations on dissolution. (1)(a) Within 180 days after the day on which the administrative body holds the public hearing described in Section 17B-1-1306, the administrative body shall hold a second public hearing to…

17B-1-1309. Election to dissolve an active special district. (1) When an administrative body adopts a resolution to initiate a dissolution election under Subsection 17B-1-1308(1)(b)(ii), an election shall be held on the question of whether the special district should be dissolved…

17B-1-1310. Notice to lieutenant governor -- Recording requirements -- Distribution of remaining assets. (1)(a) Within the time specified in Subsection (1)(b), an administrative body shall file with the lieutenant governor a copy of a notice of an impending boundary action, as de…

17B-1-1401. Status of and provisions applicable to a basic special district. A basic special district: (1) operates under, is subject to, and has the powers set forth in this chapter; and (2) is not subject to Chapter 2a, Provisions Applicable to Different Types of Special Distri…

17B-1-1402. Board of trustees of a basic special district. (1) As specified in a petition under Subsection 17B-1-203(1)(a) or (b) or a resolution under Subsection 17B-1-203(1)(e) or (f), and except as provided in Subsection (2), the members of a board of trustees of a basic speci…

17B-1-1403. Prohibition against creating new basic special districts. A person may not create a basic special district on or after May 12, 2020.

17B-1-1404. Basic special district authorized to create a public infrastructure district -- Basic special district authorized to fund certain projects and services. (1)(a) As used in this section, "eligible basic special district" means a basic special district: (i) created befor…