Title 17D, Limited Purpose Local Government Entities - Other Entities

17D-1-105. Authority of county or municipality to levy property tax on property within a special service district. (1) Subject to Subsections (2) and (3), a county or municipality that has created a special service district may levy a tax on the taxable property in the special se…

17D-1-106. Special service districts subject to other provisions. (1) A special service district is, to the same extent as if it were a special district, subject to and governed by: (a)(i) Sections 17B-1-105, 17B-1-107, 17B-1-108, 17B-1-110, 17B-1-111, 17B-1-113, 17B-1-116, 17B-1…

17D-1-107. Contracts subject to building improvement and public works provisions. (1) For each special service district created by a county, the legislative body of that county shall by ordinance designate the classes of special service district contracts that are subject to the …

17D-1-108. Conflict. If a provision of this chapter conflicts with any other statutory provision, the provision of this chapter controls.

17D-1-109. Validation of previously created special service districts. Each special service district created before May 5, 2008 is validated, ratified, and confirmed and declared to be validly existing.

17D-1-201. Services that a special service district may be created to provide. As provided in this part, a county or municipality may create a special service district to provide any combination of the following services: (1) water; (2) sewerage; (3) drainage; (4) flood control; …

17D-1-202. Limitations on the creation of a special service district. (1) Subject to Subsection (2), the boundary of a proposed special service district may include all or part of the area within the boundary of the county or municipality that creates the special service district…

17D-1-203. Initiating the process to create a special service district. (1) The process to create a special service district is initiated by: (a) the legislative body of a county or municipality that proposes to create a special service district adopting a resolution that: (i) de…

17D-1-204. Prerequisites for adopting a resolution or ordinance approving the creation of a special service district. Before the legislative body of a county or municipality may adopt a resolution or ordinance under Section 17D-1-208 approving the creation of a special service di…

17D-1-205. Notice. (1) Each notice required under Subsection 17D-1-204(1) shall: (a) state that: (i) the legislative body has adopted a resolution stating its intent to create a special service district; or (ii) a petition has been filed proposing the creation of a special servic…

17D-1-206. Protests. (1) An interested person may protest: (a) the creation of a special service district; or (b) a service that the special service district is proposed to provide. (2) Each protest under Subsection (1) shall: (a) be in writing; (b) be submitted: (i) to the legis…

17D-1-207. Public hearing. (1) On the date and at the time and place specified in the notice under Section 17D-1-205, the legislative body of the county or municipality by which the special service district is proposed to be created shall hold a public hearing. (2) At each public…

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 s…

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, fi…

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, Annex…

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 …

17D-1-212. Action to challenge the creation of a special service district or a service to be provided. (1) A person may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, challenging the creation of a special service district or a…

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 …

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 membe…

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 …

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…

17D-1-305. Compensation for administrative control board members. An administrative control board member may receive compensation, per diem, and reimbursement of travel expenses as provided in Section 17B-1-307 to the same extent as if the member were a member of a board of trust…

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 …

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 pro…

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…

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 are…

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 l…

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 Bo…

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 …

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…

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 prope…

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 …

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 t…

17D-1-507. Guaranteed bonds. (1) Before a special service district may issue guaranteed bonds: (a) the special service district shall: (i) obtain a report: (A) prepared by: (I) a qualified, registered architect or engineer; or (II) a person qualified by experience appropriate to …

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 indebtedne…

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 …

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) appro…

17D-1-602. Limitations on adoption of withdrawal, dissolution, or discontinuance resolution. (1)(a) A resolution under Subsection 17D-1-601(1) or (2) to approve the withdrawal of an area from a special service district or the dissolution of a special service district may not be a…

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…

17D-1-604. Reorganization as a special district. (1) The legislative body of a county or municipality that has created a special service district may reorganize the special service district as a special district in accordance with this section. (2) The process to reorganize a spe…

17D-2-101. Title. This chapter is known as the "Local Building Authority Act."

17D-2-102. Definitions. As used in this chapter: (1) "Authority board" means the board of directors of a local building authority, as described in Section 17D-2-203. (2) "Bond" includes a bond, note, or other instrument issued under this chapter evidencing an indebtedness of a lo…

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, impr…

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.

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 …

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 o…