Wednesday, December 14, 2011

SPECIAL SERVICE DISTRICTS

SPECIAL SERVICE DISTRICTS IN WASATCH COUNTY HAVE BECOME A FOCAL POINT FOR DISCUSSIONS EVERYWHERE. THE FOLLOWING SHOULD HELP EVERYONE IN UNDERSTANDING THE DISTRICTS CREATED, WHEN AND WHY AND UNDER WHAT AUTHORITY. GOOD READING Wasatch County Code Title 6 SPECIAL SERVICE DISTRICTS AND SERVICE AREAS Chapters: 6.01 SPECIAL SERVICE DISTRICTS AND SERVICE AREAS 6.02 GOVERNING BOARDS AND ADVISIOR BOARDS. 6.03 LEGAL COUNSEL TO SPECIAL SERVICE DISTRICTS AND SPECIAL SERVICE AREAS. 6.04 INSURANCE REQUIREMENTS. Page 1 of 9 Wasatch County Code Chapter 6.01 SPECIAL SERVICE DISTRICTS AND SERVICE AREAS Sections: 6.01.01 Purpose. 6.01.02 Enumeration of Special Service Districts. 6.01.03 Enumeration of Special Service Areas. Section 6.01.01 Purpose. (1) It is the purpose of this Chapter to set forth the name of each Special Service District and Service Area in Wasatch County and the date the entity was created, and to reference for the benefit of the public the creation documents available in relation thereto. (2) All special service districts or special service areas previously created by the County Legislative Body and which are not enumerated in this Chapter are hereby dissolved, those districts and service areas no longer being needed for the purposes for which they were formed. Section 6.01.02 Enumeration of Special Service Districts. The following Special Service Districts exist in Wasatch County: (1) Heber Valley Special Service District. The Heber Valley Special Service District was established May 17, 1977 for the purpose of providing sewerage services within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution Number 77-9. (2) Wasatch County Subdivision Special Service District Number 1. Wasatch County Subdivision Special Service District Number 1 was established on May 08, 1981 for the purpose of providing drainage, flood control and roads within its jurisdiction in the Heber Estates Subdivision in Wasatch County. The District was established pursuant to Wasatch County Resolution 81-8. (3) Wasatch County Solid Waste Disposal Special Service District. The Wasatch County Solid Waste Disposal District was established on March 05, 1982 for the purpose of providing solid waste services within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution 82-8, as amended by Wasatch County Resolution 82-16 (November 5, 1982). (4) Wasatch County Subdivision Special Service District Number 2. The Wasatch County Subdivision Special Service District Number 2 was established on June 04, 1982 for the purpose of providing drainage, flood control and roads within its jurisdiction in the Wasatch View Acres Subdivision in Wasatch County. The District was established pursuant to Wasatch County Resolution 82-11. (5) Wasatch County Subdivision Special Service District Number 3. The Wasatch County Subdivision Special Service District Number 3 was established on November 19, 1982 for the purpose of providing drainage, flood control and roads within its jurisdiction in the Storm Haven, Plat B Subdivision in Wasatch County. The District was established pursuant to Wasatch County Resolution No. 82-18. (6) Jordanelle Special Service District. The Jordanelle Special Service District was established on September 20, 1993 for the purpose of providing drainage, recreation, snow removal, flood control, roads, sewer collection, sewer treatment, sewer contract services, and retail water distribution systems within its jurisdiction in the Jordanelle Basin Page 2 of 9 Wasatch County Code in Wasatch County. The lawful establishment of the District was confirmed pursuant to Wasatch County Resolution 00-04 (January 24, 2000), as amended. (7) Soldier Summit Special Service District. The Soldier Summit Special Service District was established on June 16, 1984 for the purpose of providing water, garbage, transportation (including street lighting, storm drainage, and other street-related facilities), recreation (including maintenance of the site of the Civil War era soldiers' cemetery), and fire protection within its jurisdiction in Soldier Summit in Wasatch County. The District was established pursuant to a Utah County and Wasatch County Resolution dated July 16, 1984. (8) Wasatch County Fire Protection Special Service District. The Wasatch County Fire Protection Special Service District was established on June 24, 1987 for the purpose of providing fire protection services within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution 87-7. (9) Mineral Lease Special Service District Number 9. The Mineral Lease Special Service District Number 9 was established on April 30, 1990 for the purpose of repairing and maintaining roads within its jurisdiction, and to finance said improvements through the receipt of Mineral Lease Payments. The District was established pursuant to Wasatch County Resolution 90-5. (10) Wasatch County Subdivision Special Service District Number 6. The Wasatch County Subdivision Special Service District Number 6 was established on January 7, 1991 for the purpose of providing drainage, flood control and roads within its jurisdiction in the Storm Haven, Plat A subdivision in Wasatch County. District was established pursuant to Wasatch County Resolution 91-4. (11) Twin Creeks Special Service District. The Twin Creeks Special Service District was established on June 20, 1994 for the purpose of providing sewage collection, treatment and/or contract services within its jurisdiction in the Lake Creek and Center Creek areas of Wasatch County. The District was established pursuant to Wasatch County Resolution 94- 6. The purposes of the District were expanded to include water services pursuant to Wasatch County Resolution 94-18 (August 8, 1994). (12) Timberlakes Water Special Service District. The Timberlakes Water Special Service District was established on April 17, 1995 for the purpose of providing water services within its jurisdiction in the Timberlakes subdivision. The District was established pursuant to Wasatch County Resolution 95-20. (13) Wasatch County Recreation Special Service District Number 21. The Wasatch County Recreation Special Service District Number 21 was established on August 7, 1995 for the purpose of providing parks and recreation facilities and services within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution 95-11. (14) Spring Creek Special Service District. The Spring Creek Special Service District was established on February 26, 1996 for the purpose of providing wastewater collection and related services within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution 96-07. (16) Ernie Giles Special Service District. The Ernie Giles Special Service District was established on April 21, 1997 for the purpose of providing wastewater collection within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution 97-4. (17) Strawberry Lake Special Service District. The Strawberry Lake Special Service District was established on June 16, 1997 for the purpose of providing water, sewerage, flood control, garbage, health care, recreation, snow-removal and street lighting services within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution 97-6. (18) Blue Bench Landfill Special Service District. The Blue Bench Landfill Special Service District was established in cooperation with Duchesne County Page 3 of 9 Wasatch County Code for the purpose of providing solid waste disposal services within its jurisdiction in Wasatch and Duchesne counties. The District was established pursuant to Wasatch County Resolution 98-24. (20) Provo Owl's Nest Special Service District. The Provo Owl's Nest Special Service District was established on June 14, 1999 for the purpose of providing sewerage and water services within its jurisdiction in the Provo Canyon area of Wasatch County. The District was established pursuant to Wasatch County Resolution 99-15. (21) North Village Special Service District. The North Village Special Service District was established on August 28, 2000 for the purpose of providing water and sewerage services within its jurisdiction in Wasatch County. The District was established pursuant to Wasatch County Resolution 00-28. Section 6.01.03 Enumeration of Special Service Areas. The following Special Service Areas exist within Wasatch County: (1) Wasatch County Special Service Area Number 1. Wasatch County Special Service Area Number 1 was established on October 25, 1993 for the purpose of providing culinary or irrigation water retail services, water conservation, recreation facilities, water quality services, and flood control within its jurisdiction in Wasatch County. The lawful establishment of the Service Area was confirmed pursuant to Wasatch County Resolution 00-14 (May 8, 2000). Page 4 of 9 Wasatch County Code Chapter 6.02 GOVERNING BOARDS AND ADVISIOR BOARDS. Sections: 6.02.01 Governing Authority Generally. 6.02.02 Heber Valley Special Service District-Administrative Control Board. 6.02.03 Jordanelle Special Service District-Administrative Control Board. 6.02.04 Soldier Summit Special Service District-Triad of Officers. 6.02.05 Wasatch County Fire Protection Special Service District-Administrative Control Board. 6.02.06 Mineral Lease Special Service District Number 9-Administrative Control Board. 6.02.07 Twin Creeks Special Service District-Advisory Board. 6.02.08 Timberlakes Water Special Service District-Executive Committee. 6.02.09 Blue Bench Landfill Special Service District-Governing Authority. 6.02.10 Wasatch County Special Service Area Number 1-Advisory Board and Water Manager. Section 6.02.01 Governing Authority Generally. (1) The County Legislative Body shall act as the governing board of all special service districts and the board of trustees of all special service areas in Wasatch County unless governing authority to so act has been expressly delegated, in whole or in part, to (a) in the case of a special service district, an appointed or elected administrative control board; or (b) in the case of a special service area, an appointed or elected board of trustees. The County Legislative Body shall have authority to revoke, in whole or in part, and at any time, any powers, authority, or responsibility so delegated to an administrative control board or board of trustees named in this Chapter. (2) As the governing authority of a special service district or special service area, the County Legislative Body shall have all powers, authority, and responsibility vested in such boards under state law. Section 6.02.02 Heber Valley Special Service District-Administrative Control Board. Pursuant to Wasatch County Resolution 77-11 (August 19, 1977), the County created an administrative control board to act as the governing authority of the Heber Valley Special Service District. The Board shall have all powers, authority, and responsibility delegated to it Resolution 81-3 (February 13, 1981), as amended. Section 6.02.03 Jordanelle Special Service District-Administrative Control Board. Pursuant to Wasatch County Resolution 02-04 (February 4, 2002), the County created an administrative control board to act as the governing authority of the Jordanelle Special Service District. The Board shall have all powers, authority, and responsibility delegated to it in Resolution 02-04, as amended. Section 6.02.04 Soldier Summit Special Service District-Triad of Officers. Pursuant to a Wasatch County and Utah County Resolution dated July 16, 1984, a triad of officers was created to act as the governing authority of the Soldier Summit Special Service District. The triad shall Page 5 of 9 Wasatch County Code consist of one member of the Wasatch County Legislative Body, one member of the Utah County Legislative Body, and the Soldier Summit member, who shall be a qualified elector of the District, or an owner of real property located within the District. The triad of officers shall have all powers, authority, and responsibility delegated to it in the Resolution dated July 16, 1984. Section 6.02.05 Wasatch County Fire Protection Special Service District- Administrative Control Board. Pursuant to Wasatch County Resolution 02-10 (March 25, 2002), the County created an administrative control board to act as the governing authority of the Wasatch County Fire Protection Special Service District. The Board shall have all powers, authority, and responsibility delegated to it in Resolution 02- 10, as amended. Section 6.02.06 Mineral Lease Special Service District Number 9-Administrative Control Board. Pursuant to Wasatch County Resolution 90-6A (June 25, 1990), the County created an administrative control board to act as the governing authority of the Mineral Lease Special Service District Number 9. The Board shall have all powers, authority, and responsibility delegated to it in Resolution 90-6A, as amended. Section 6.02.07 Twin Creeks Special Service District-Advisory Board. Pursuant to Wasatch County Resolution Number 98-6 (March 25, 1996), the County created an advisory board to the County Legislative Body as that Body acts in its capacity as the governing authority of the Twin Creeks Special Service District. The Board shall advise the County Legislative Body on matters relating to the District and perform such other duties as assigned by that Body. Section 6.02.08 Timberlakes Water Special Service District-Executive Committee. Pursuant to Wasatch County Resolution 98-10 (August 24, 1998), as amended by Wasatch County Resolution 00-33 (September 25, 2000), the County created an executive committee to act as the governing authority of the Timberlakes Water Special Service District. The Committee shall have all powers, authority, and responsibility delegated to it in Resolution 00-33, as amended. Section 6.02.09 Blue Bench Landfill Special Service District-Governing Authority. Three members of the Wasatch County Legislative Body and three members of the Duchesne County Legislative Body shall together act as the governing board of the Blue Bench Landfill Special Service District. The Board shall have all powers, authority, and responsibility afforded to it under state law. Section 6.02.10 Wasatch County Special Service Area Number 1-Advisory Board and Water Manager. Page 6 of 9 Wasatch County Code The County Legislative Body shall act as the board of trustees of the Wasatch County Special Service Area Number 1. Pursuant to Wasatch County Resolution 00-01, the County created an advisory board and created the position of Water Manager. The Board shall have all powers, authority, and responsibility delegated to it in Resolution 00-01, as amended. Specifically, the Board and the Water Manager shall seek to (1) insure sufficient water for future citizens of Wasatch County, (2) review the sufficiency and transfer of water rights in conjunction with development within the boundaries of the Service Area; (3) administer the Central Utah Water Project matters in Wasatch County; and (4) manage municipal and industrial and supplemental irrigation inventories and allocations from the Central Utah Project. Page 7 of 9 Wasatch County Code Chapter 6.03 LEGAL COUNSEL TO SPECIAL SERVICE DISTRICTS AND SPECIAL SERVICE AREAS. Sections: 6.03.01 Legal Counsel Generally. 6.03.02 Legal Opinions Relating To Duties of Special Service District Officers. Section 6.03.01 Legal Counsel Generally. (1) Special service districts and special service areas established by the County Legislative Body shall retain and pay for private legal counsel to provide general legal services to the district or service area, including but not limited to legal services relating to contracts, lease agreements, real estate purchases, eminent domain, annexations, employment, procurement, dissolution, bonding, and any other issue arising out of the day-to-day operations and services of the district or service area. (2) The County Attorney's Office shall not provide general legal services to special service districts or special service areas in Wasatch County. However, upon request of the County Manager and in the discretion of the County Attorney, the County Attorney may advise a special service district or special service area on an issue, provided that district or service area pays to the County the reasonable costs of such legal services. Section 6.03.02 Legal Opinions Relating To Duties of Special Service District Officers. The County Attorney shall give, when required and without fee, an opinion in writing to special service district officers on matters relating to the duties of their respective offices, as required by Utah Code Ann. 17-18-1, as amended. Page 8 of 9 Wasatch County Code Chapter 6.04 INSURANCE REQUIREMENTS. Sections: 6.04.01 Insurance Required. 6.04.02 Proof of Insurance. Section 6.04.01 Insurance Required. All special service districts and special service areas established by the County Legislative Body shall obtain and pay for the costs of general liability insurance, property insurance, and automobile insurance for vehicles owned by the district or service area. Section 6.04.02 Proof of Insurance. Upon request of the County Manager, each special service district or special service area created by the County Legislative Body shall produce a written certificate of insurance demonstrating compliance with the insurance requirements under this Chapter. Page 9 of 9

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