By Myrna Trauntvein
Times-News Correspondent
There are a lot of steps necessary before Juab County
could create a special service district for recreation
purposes.
"I thought it would be helpful for the county to
understand the involved process," said Jared Eldridge,
county attorney.
Eldridge prepared a list of items the county and the
citizens who are pushing for the creation of such a district
would need to consider before a special service district
could be created.
"The process to create a special service district is
set by Utah code," said Eldridge.
The process, he said, may be initiated by a petition
signed by the owners of private real property located within
the proposed local district.
The property owners must have property that covers at
least 33 percent of the total private land area within the
proposed local district as a whole and within each
applicable area.
In addition, the property must be equal in value to at
least 25 percent of the value of all private real property
within the proposed local district.
"There are a group of citizens who would like to see a
special service district for recreation created," said Neil
Cook, commission chairman.
Another petition, more likely to be used by county
residents, would be the petition signed by registered voters
residing within the proposed local district as a whole and
within each applicable area. That petition must be equal in
number to at last 33 percent of the number of votes cast in
the proposed local district.
Those voters considered would be those who voted in
the last general election or in an election for the governor
of the state prior to the filing of the petition.
Of course, both petitions must be entered by those
qualified and in keeping with the requirements of state
law.
"A resolution must then be adopted by the county
commission," said Eldridge.
"This is just the process to initiate the creation of
a special service district," said Eldridge.
He said the law requires that the resolution proposing
the creation of a local district be adopted by the
legislative body of each county and by each municipality
whose boundaries include any of the proposed local
district.
Resolutions must also comply with the requirements of
Utah code.
The area to be part of the special service district
must be described, be accompanied by a map that shows the
boundaries, describe the service proposed, explain the
anticipated method of paying the costs of providing the
proposed service and state the average financial impact on a
household within the proposed local district.
The resolution must also state the number of members
the board of trustees of the proposed local district will
have consistent with the state requirements.
When the legislative body adopts a resolution it must,
before the first public hearing, mail or deliver a copy of
the resolution to the responsible body if the resolutions is
one of multiple resolutions adopted by multiple county or
municipal legislative bodies proposing the creation of the
service district.
The resolution must also include the name of the local
district and may include words descriptive of the type of
service provided by the local district and may not include
the name of a county or municipality.
The county has three special service districts: one to
deal with funds for the museum; another to manage mineral
lease money; and the fire district.
The Utah Special Service District Act was modified in
2002. The purposes for which special service districts may
be created were expanded. The act provides that the
permissible purposes for which special service districts may
be created be construed liberally.
Under state law a county or a municipality may
establish a special service district for the purpose of
providing any of the following services: water; sewerage;
drainage; flood control; garbage; health care;
transportation; recreation; fire protection; emergency
medical or ambulance or both; operating, and maintaining
jail facilities; street lighting; consolidated 911 and
emergency dispatch; animal shelter and control; receiving
federal mineral lease funds and expending those funds on
economic development activities that: promote the creation
of jobs; snow removal; electrical service distribution
systems.
"There is a lot of work to be done before a special
service district can be created," said Eldridge.
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