17D-1-102 - Definitions.
17D-1-102. Definitions.
As used in this chapter:
(1) "Adequate protests" means written protests timely filed by:
(a) owners of property within the applicable area representing more than 33% of thetaxable value of all taxable property within the applicable area; or
(b) more than 33% of all registered voters within the applicable area.
(2) "Applicable area" means:
(a) for a proposal to create a special service district, the area included within theproposed special service district;
(b) for a proposal to annex an area to an existing special service district, the areaproposed to be annexed;
(c) for a proposal to add a service to the service or services provided by a special servicedistrict, the area included within the special service district; and
(d) for a proposal to consolidate special service districts, the area included within eachspecial service district proposed to be consolidated.
(3) "Facility" or "facilities" includes any structure, building, system, land, water right,water, or other real or personal property required to provide a service that a special servicedistrict is authorized to provide, including any related or appurtenant easement or right-of-way,improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing.
(4) "General obligation bond":
(a) means a bond that is directly payable from and secured by ad valorem property taxesthat are:
(i) levied:
(A) by the county or municipality that created the special service district that issues thebond; and
(B) on taxable property within the special service district; and
(ii) in excess of the ad valorem property taxes for the current fiscal year; and
(b) does not include:
(i) a short-term bond;
(ii) a tax and revenue anticipation bond; or
(iii) a special assessment bond.
(5) "Governing body" means:
(a) the legislative body of the county or municipality that creates the special servicedistrict, to the extent that the county or municipal legislative body has not delegated authority toan administrative control board appointed under Section 17D-1-301; or
(b) the administrative control board of the special service district, to the extent that thecounty or municipal legislative body has delegated authority to an administrative control boardappointed under Section 17D-1-301.
(6) "Guaranteed bonds" means bonds:
(a) issued by a special service district; and
(b) the debt service of which is guaranteed by one or more taxpayers owning propertywithin the special service district.
(7) "Local district" has the same meaning as defined in Section 17B-1-102.
(8) "Revenue bond":
(a) means a bond payable from designated taxes or other revenues other than the ad
valorem property taxes of the county or municipality that created the special service district; and
(b) does not include:
(i) an obligation constituting an indebtedness within the meaning of an applicableconstitutional or statutory debt limit;
(ii) a tax and revenue anticipation bond; or
(iii) a special assessment bond.
(9) "Special assessment" means an assessment levied against property to pay all or aportion of the costs of making improvements that benefit the property.
(10) "Special assessment bond" means a bond payable from special assessments.
(11) "Special service district" means a limited purpose local government entity, asdescribed 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.
(12) "Tax and revenue anticipation bond" means a bond:
(a) issued in anticipation of the collection of taxes or other revenues or a combination oftaxes and other revenues; and
(b) that matures within the same fiscal year as the fiscal year in which the bond is issued.
Enacted by Chapter 360, 2008 General Session