By Myrna Trauntvein
Times-News Correspondent
A recreation district, a special service district, is
in the process of following steps to get the taxing question
on the November ballot.
"I sent the resolution and a map of the boundaries of
the special service district to the lieutenant governor's
office on March 21," said Jared Eldridge, county
attorney.
"The statute says they have 10 days to process the
information and respond."
He said he was not certain which office in the county
would receive the response. It was not certain that the
response would come to the attorney's office but it might go
elsewhere to another elected office.
It could go, for example, to the recorder's office or
the assessor's office. It might be sent to the clerk or the
treasurer. It might even come tot he county commission.
"I will just have to keep checking," he said. "So far,
I haven't heard anything."
By statute a county may establish a special service
district within all or any part of the county to be governed
by the governing authority of the county and to provide
services as provided by statute.
In addition, a county may levy taxes upon the taxable
property in the special service district for the purpose of
acquiring, constructing, equipping, operating, and
maintaining facilities required for any or all of the
services the special service district is authorized to
provide.
The special service district could be authorized to
issue bonds of the special service district for the purpose
of acquiring, constructing, and equipping any of the
facilities required for any or all of the services the
special service district is authorized to provide, subject
to limitation on the aggregate amount of the bonds
outstanding at any one time as may be provided by
statute.
The authority to levy taxes upon the taxable property
in a special service district and to issue bonds payable
from taxes levied on the taxable property in the special
service district shall be conditioned upon the assent of a
majority of the qualified electors of the special service
district voting in an election for this purpose to be held
as provided by statute.
A special service district created by a county may
contain all or part of one or more cities or towns, but only
with the consent of the governing authority of each city or
town to be included in the special service district.
"The process to create a special service district is
set by Utah code," said Eldridge.
He said the law requires that the resolution proposing
the creation of a local district be adopted by the
legislative body of the county. That has been done.
"We sent a copy of that resolution to the lieutenant
governor," he said.
The Utah Special Service District Act was modified in
2002 and standardizes the flow of information for entity
boundary changes to be through the lieutenant governor and
then the lieutenant governor notifies entities needing
boundary change information.
It also modifies the Utah Special Service District Act
by expanding the purposes for which special service
districts may be created.
A county or a municipality may establish a special
service district for the purpose of providing within the
area of the special service district any of the following
services or any combination of them: water; sewerage;
drainage; flood control; garbage; health care;
transportation; recreation and fire protection.
In a county of the first class, a special service
district may be created for providing, operating, and
maintaining jail facilities for the confinement of
municipal, state, and other detainees and prisoners; street
lighting; and consolidated 911 and emergency dispatch.
The statute states that purposes for which a special
service district may be established and the services that
may be provided by a special service district are to be
liberally construed to effect the intent that counties and
municipalities be afforded great latitude in establishing
and authorizing special service districts to perform
services.
Juab County Commissioners now serving are adamant that
a district created for recreation be funded only by consent
of the electorate.
"We want to make certain that the recreation district
taxing issue is on the November ballot," said Cook.
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