Effective 7/1/2024

17B-2a-902.  Provisions applicable to service areas.

(1)  Each service area is governed by and has the powers stated in:

Terms Used In Utah Code 17B-2a-902 v2

  • Contract: A legal written agreement that becomes binding when signed.
  • Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
(a)  this part; and

(b)  except as provided in Subsection (5), Chapter 1, Provisions Applicable to All Special Districts.

(2)  This part applies only to service areas.

(3)  A service area is not subject to the provisions of any other part of this chapter.

(4)  If there is a conflict between a provision in Chapter 1, Provisions Applicable to All Special Districts, and a provision in this part, the provision in this part governs.

(5) 

(a)  Except as provided in Subsection (5)(b), on or after December 31, 2012, a service area may not charge or collect a fee under Section 17B-1-643 for:

(i)  law enforcement services;

(ii)  fire protection services;

(iii)  911 ambulance or paramedic services as defined in Section 53-2d-101 that are provided under a contract in accordance with Section 53-2d-505.2; or

(iv)  emergency services.

(b)  Subsection (5)(a) does not apply to:

(i)  a fee charged or collected on an individual basis rather than a general basis;

(ii)  a non-911 service as defined in Section 53-2d-101 that is provided under a contract in accordance with Section 53-2d-505.2;

(iii)  an impact fee charged or collected for a public safety facility as defined in Section 11-36a-102; or

(iv)  a service area that includes within the boundary of the service area a county of the fifth or sixth class.

Amended by Chapter 15, 2023 General Session
Amended by Chapter 310, 2023 General Session
Amended by Chapter 327, 2023 General Session