2006 Utah Code - 17A-2-1803 — Area -- Procedures -- Appeals.

     17A-2-1803.   Area -- Procedures -- Appeals.
     (1) A regional service area may consist of:
     (a) all or part of any county; and
     (b) areas that are not contiguous.
     (2) (a) Only one regional service area may be located in a county.
     (b) (i) A county service area may not reorganize as a regional service area on or after May 4, 1998.
     (ii) No regional service area may be created on or after May 4, 1998.
     (3) The adoption of this part does not affect the existence, operation, or establishment of any county service area operating under Title 17A, Chapter 2, Part 4, County Service Areas.
     (4) After it is reorganized, the county service area shall be a regional service area subject to this part containing all of the territory of the county service area, and not subject to Chapter 2, Part 4.
     (5) (a) Beginning on the effective date of the resolution reorganizing the county service area as a regional service area, the regional service area is reorganized with all the rights, privileges, powers, and limitations under this part.
     (b) (i) Any outstanding bonds, notes, contracts, or other obligations of any former county service area shall be the bonds, notes, contracts, and obligations of the new regional service area which is taking its place with like effect as if issued or entered into by the regional service area.
     (ii) Any election authorizing the issuance of bonds of the former county service area shall have the same effect as a bond election held under this part.
     (c) Taxes at the most recent rate levied by the former county service area may continue to be levied by the regional service area.
     (d) All assets of the former county service area, including both real and personal property, shall be the property of the regional service area with the same effect as if originally constructed, purchased, leased, or otherwise acquired by the regional service area and the contracts of the former county service area shall be the contracts of the regional service area.
     (e) The employees, officers, and agents of the former county service area shall be the employees, officers, and agents of the regional service area and all employee benefits, including pension plans shall carry forward to the regional service area.
     (f) Until amended, the bylaws, rules, regulations, policies, and procedures of the former county service area shall be the bylaws, rules, regulations, policies, and procedures of the regional service area.
     (6) The conversion of a county service area to a regional service area may not impair or affect any existing contract, obligation, lien, charge, or bond for or upon which the county service area might be liable or chargeable had the conversion not taken place.
     (7) (a) Any aggrieved person may appeal the decision of the governing authority of the county service area to reorganize the county service area as a regional service area to the district court in the county where the regional service area is located.
     (b) If that appeal is not filed within 30 days after the effective date of the resolution reorganizing the county service area as a regional service area, the reorganization shall be final and conclusive.
     (c) In the appeal, the district court shall affirm the reorganization unless the person challenging the reorganization establishes by clear and convincing evidence that:
     (i) the county service area did not qualify to reorganize as a regional service area under

the criteria specified in this section; or
     (ii) the board of trustees of the county service area substantially failed to follow the procedural requirements of this section in reorganizing the county service area as a regional service area.

Amended by Chapter 1, 2000 General Session