2006 Utah Code - 17B-2-202 — Local district may be created -- Services that may be provided -- Limitations -- Name.

     17B-2-202.   Local district may be created -- Services that may be provided -- Limitations -- Name.
     (1) A local district may be created as provided in this part to provide within its boundaries service consisting of:
     (a) the operation of an airport;
     (b) the operation of a cemetery;
     (c) the operation of a system for the generation or distribution of electricity;
     (d) the operation of a system for the transmission of natural or manufactured gas that is:
     (i) connected to a gas plant, as defined in Section 54-2-1, of a gas corporation, as defined in Section 54-2-1, that is regulated under Section 54-4-1; and
     (ii) to be used to facilitate gas utility service within the district if such gas utility service is not available within the district prior to the acquisition or construction of such a system;
     (e) fire protection, paramedic, and emergency services;
     (f) garbage collection and disposal;
     (g) health care;
     (h) the operation of a library;
     (i) abatement or control of mosquitos and other insects;
     (j) the operation of parks or recreation facilities;
     (k) the operation of a sewage system;
     (l) street lighting;
     (m) the construction and maintenance of curb, gutter, and sidewalk;
     (n) transportation;
     (o) the operation of a system for the control of storm or flood waters;
     (p) the operation of an irrigation water system;
     (q) the operation of a culinary water system; or
     (r) the underground installation of an electric utility line or the conversion to underground of an existing electric utility line.
     (2) For purposes of this section:
     (a) "Operation" means all activities involved in providing the indicated service including acquisition and ownership of property reasonably necessary to provide the indicated service and acquisition, construction, and maintenance of facilities and equipment reasonably necessary to provide the indicated service.
     (b) "System" means the aggregate of interrelated components that combine together to provide the indicated service including:
     (i) for a sewage system, collection and treatment; and
     (ii) for an irrigation or culinary water system, collection, retention, treatment, and distribution to either the end user or another that in turn distributes to the end user.
     (3) (a) Except as provided in Subsection (3)(b), a local district may be created to provide and may after its creation provide no more than two of the services listed in Subsection (1).
     (b) Notwithstanding Subsection (3)(a), a local district may be created to provide and may after its creation provide services consisting of:
     (i) the operation of some or all of the components of a sewage system;
     (ii) the operation of some or all of the components of an irrigation water system; and
     (iii) the operation of some or all of the components of a culinary water system.
     (4) (a) Except as provided in Subsection (4)(b), a local district may not be created to

provide and may not after its creation provide to an area the same service already being provided to that area by another political subdivision.
     (b) For purposes of Subsection (4)(a), a local district does not provide the same service as another political subdivision if it operates a component of a system that is different from a component operated by another political subdivision but within the same:
     (i) sewage system;
     (ii) irrigation water system; or
     (iii) culinary water system.
     (5) Except for a local district in the creation of which an election is not required under Subsection 17B-2-214(3)(c), the area of a local district may include all or part of the unincorporated area of one or more counties and all or part of one or more municipalities.
     (6) The name of a local district:
     (a) may include words descriptive of the type of service provided by the local district; and
     (b) may not include the name of a county or municipality.

Amended by Chapter 257, 2003 General Session