2006 Utah Code - 17A-2-101 — Creation procedures for certain independent special districts.

     17A-2-101.   Creation procedures for certain independent special districts.
     (1) The creation of a special district under Part 2, Cemetery Maintenance Districts, Part 3, County Improvement Districts for Water, Sewerage, Flood Control, Electric and Gas, Part 4, County Service Area Act, Part 7, Irrigation Districts, Part 8, Metropolitan Water District Act, Part 9, Mosquito Abatement Districts, Part 10, Utah Public Transit District Act, and Part 14, Water Conservancy Act, shall be governed by Title 17B, Chapter 2, Part 2, Creation of Local Districts, in the same manner as if a local district under Title 17B, Chapter 2, Local Districts, were proposed to be created.
     (2) Subsection 17B-2-217(1) does not prohibit the creation of one of the types of independent special districts listed in Subsection (1) under the creation provisions of Title 17B, Chapter 2, Part 2, Creation of Local Districts.
     (3) The provisions of Title 17B, Chapter 2, Part 2, Creation of Local Districts, do not apply to an independent special district under this chapter created before March 23, 1998.
     (4) (a) For each type of independent special district listed in Subsection (1), the provisions of the part under this chapter that applies to that district govern with respect to the appointment or election of the governing body of that type of independent special district after its creation under Title 17B, Chapter 2, Part 2, Creation of Local Districts.
     (b) If application of the provisions of Title 17B, Chapter 2, Part 2, Creation of Local Districts, results in the creation of an independent special district before the governing body of that district, under the applicable provisions of this chapter, takes office, the responsible body, as defined in Subsection 17B-2-201(1), shall be the governing body of the district until the governing body takes office under the applicable provisions of this chapter.
     (5) Notwithstanding Section 17B-2-202, an independent special district listed in Subsection (1) may be created to provide only the services that are authorized under the part of this chapter applicable to that type of district.

Amended by Chapter 90, 2001 General Session