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.

Terms Used In Utah Code 17D-1-301

  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Special service district: means a limited purpose local government entity, as described in Section 17D-1-103, that:
(a) is created under authority of the Utah Constitution Article XI, Section 7; and
(b) operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-1-102
(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 4;

(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

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