(A) The definitions set forth in § 11-23-2 of the Act shall have the same meaning when used in this section unless the content hereof clearly indicates a contrary meaning.
(B) A special service district shall be established pursuant to law, which, upon establishment, shall be named and known as “Garfield County Ticaboo Special Service District No. 1” (herein called “the District”).
(C) The proposed District shall include the area of the Ticaboo Townsite, § 16 of Township 36 South, Range 11 East, S.L.M.
(D) The proposed District shall be empowered to and shall have the authority to provide any or all of the following services within the territory of the District as and to the extent they are deemed necessary or desirable by the governing body thereof: water supply and delivery; and sewerage collection and disposal. These services may be provided through facilities or systems acquired for that purpose through construction, purchase, gift, or condemnation or any combination of the foregoing means, or by any other means available to special service districts as provided by law. The acquisition of facilities, systems, and property may include the appurtenances thereof and may be for partial or joint ownership interests therein.
(E) Upon establishment of the District, the governing authority of the county or the governing authority of the District, as appropriate, may levy taxes annually on all taxable property within the District and may by resolution or ordinance impose and collect periodic fees or charges to pay for all or a part of the services, systems, commodities, or facilities to be provided by the District. All taxes levied for the District shall be properly authorized in accordance with the Act and shall be in addition to all other taxes levied by the county or by any other public corporation, district, or political subdivision in which the District is located. The governing authority of the District shall have the authority to adopt such regulations as are necessary to assure the proper collection and enforcement of all fees and charges imposed.
(F) A public hearing is hereby called and set on the creation and establishment of the District. Said public hearing shall be held on October 10, 1978 , at the hour of 10:00 a.m. at the regular meeting place of the Board of County Commissioners, in the Garfield County-Panguitch City Courthouse, Panguitch, Utah. All interested persons may attend this hearing at which time and place the Board will give consideration to all protests which may have been filed and shall hear and consider all interested persons desiring to be heard. The hearing may be continued from time to time.
(G) Upon adoption of this section, the County Clerk shall give notice of the intention of the county to establish the District. Said notice shall be given by publication of which shall be not less than 21 days nor more than 35 days before the hearing date specified in division (F) above. Upon publication of this section, as provided above, the following heading shall be placed hereon: NOTICE OF THE INTENTION OF GARFIELD COUNTY, UTAH, TO ESTABLISH A SPECIAL SERVICE DISTRICT. When so published, this section, in its entirety, shall be considered to be the notice of intention required by § 11-23-7 of the Act, containing:
(1) A description of the boundaries of the District, as set forth in division (C) above;
(2) A general description of the types of services proposed to be provided within the District, as set forth in division (D) above;
(3) A statement regarding the levying of taxes within the District and the imposition of fees and charges to pay for the services to be provided, as set forth in division (E) above;
(4) The designation of a time and place for a public hearing on the establishment of the District, as set forth in division (F) above; and
(5) Such other information concerning the proposed District as is contained in this section.
(H) (1) Upon establishment of the proposed District, it shall be a separate body politic and corporate and a quasi-municipal public corporation distinct from the county, with all of the rights, powers, and authority now or hereafter granted to special service districts by the Act and other applicable laws.
(2) In accordance with the Act, the Board of County Commissioners, as it is comprised from time to time, shall be and act as the governing authority of the District and shall supervise and control all of the activities thereof. The Act also permits the governing authority to delegate to an elective or appointive administrative control board or to designated officers or employees the authority to perform the activities functions and operations of the District.
(I) No part of the proposed District described herein is included within the boundaries of any city or town now existing, and no territory of the District is included within the boundaries of any improvement district or other special service district of the county.
(J) The Board may, by resolution adopted at the time of establishment of the District, create an administrative control board in accordance with § 11-23-24(1) of the Act. The Administrative Control Board shall consist of three persons, each of whom shall be a qualified elector of the District, and each of whom shall be appointed by the Board. The Administrative Control Board will be initially appointed by the Board. The Administrative Control Board will be initially appointed for terms of office in accordance with § 11-23-24(5) of the Act.
(K) At the public hearing, for which provision is made in division (F) above, or at any time prior thereto, and in accordance with § 11-23-9 of the Act, protests against the establishment of the District or the furnishing of specified types of services within the District may be made orally or in writing by any interested person. Any protest made may be withdrawn by the protestant at any time before the Board of County Commissioners establishes or abandons the proposed District.
(L) In accordance with §§ 11-23-9 and 11-23-11 of the Act, if persons constituting and consisting of over 50% of the qualified voters of the qualified voters of the territory proposed to be included within the District file written protests within 15 days after the conclusion of the public hearing specified in division (F) above against the establishment of the District or against the specified types of services to be provided within the District, the Board shall, in the former instance, abandon the proposed establishment of the District or against the specified types of services to be provided within the District, the Board shall, in the former instance, abandon the proposed establishment of the District and in latter instance, eliminate those types of services objected to from the resolution finally establishing the District. Any person who has filed a written protest within the time specified in § 11-23-11 and whose property has been included within the District, notwithstanding such protest, may apply as provided in the Act to the District Court of the county for a review of these actions of the Board in establishing the District.
(M) The officers and employees of the county are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this section.
(Ord. 1978-5, passed 9-5-1978)