17D-1-202 - Limitations on the creation of a special service district.
17D-1-202. Limitations on the creation of a special service district.
(1) Subject to Subsection (2), the boundary of a proposed special service district mayinclude all or part of the area within the boundary of the county or municipality that creates thespecial service district.
(2) (a) The boundary of a proposed special service district may not include an areaincluded within the boundary of an existing special service district that provides the same servicethat the proposed special service district is proposed to provide.
(b) The boundary of a proposed special service district may not include an area includedwithin the boundary of an existing local district that provides the same service that the proposedspecial service district is proposed to provide, unless the local district consents.
(c) A proposed special service district may not include land that will not be benefitted bythe service that the special service district is proposed to provide, unless the owner of thenonbenefitted land consents to the inclusion.
(d) A county may not create a special service district that includes some or all of the areawithin a municipality unless the legislative body of that municipality adopts a resolution orordinance consenting to the inclusion.
(3) All areas included within a special service district need not be contiguous.
Enacted by Chapter 360, 2008 General Session