17D-1-401 - Annexing an area or adding a service to an existing special service district.
17D-1-401. Annexing an area or adding a service to an existing special servicedistrict.
(1) Except as provided in Subsections (3) and (4), a county or municipal legislative bodymay, as provided in this part:
(a) annex an area to an existing special service district to provide to that area a servicethat the special service district is authorized to provide;
(b) add a service under Section 17D-1-201 within the area of an existing special servicedistrict that the special service district is not already authorized to provide; or
(c) both annex an area under Subsection (1)(a) and add a service under Subsection (1)(b).
(2) Except for Section 17D-1-209, the provisions of Part 2, Creating a Special ServiceDistrict, apply to and govern the process of annexing an area to an existing special service districtor adding a service that the special service district is not already authorized to provide, to thesame extent as if the annexation or addition were the creation of a special service district.
(3) A county or municipal legislative body may not:
(a) annex an area to an existing special service district if a local district provides to thatarea the same service that the special service district is proposed to provide to the area, unless thelocal district consents to the annexation; or
(b) add a service within the area of an existing special service district if a local districtprovides to that area the same service that is proposed to be added, unless the local districtconsents to the addition.
(4) A county or municipal legislative body may not annex an area to an existing specialservice district or add a service within the area of an existing special service district if thecreation of a special service district including that area or providing that service would not beallowed under Part 2, Creating a Special Service District.
(5) A county or municipal legislative body may not annex an area to an existing specialservice district or add a service within the area of an existing special service district if the area islocated within a project area described in a project area plan adopted by the military installationdevelopment authority under Title 63H, Chapter 1, Military Installation Development AuthorityAct, unless the county or municipal legislative body has first obtained the authority's approval.
Amended by Chapter 92, 2009 General Session