17D-4-401. District dissolution.

479 words·~2 min read·/ut/title-17d/chapter-4/17d-4-401

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)The board of trustees of a public infrastructure district, other than a public infrastructure district created by a development authority that provides ongoing services, shall adopt a resolution to dissolve the public infrastructure once:

(a)the public infrastructure district has paid all the public infrastructure district's debts;

(b)the public infrastructure district's contractual obligations are satisfied or defeased; and

(c)except for public infrastructure and improvements, facilities, or properties that are privately owned, the public infrastructure and improvements, facilities, or properties described in the governing document, as required in Section 17D-4-202 , have been:

(i)constructed, repaired, or otherwise completed;

(ii)accepted by the public entity as meeting the public entity's applicable development, design, and construction standards; and

(iii)transferred to the entity responsible for the maintenance and operation of the public infrastructure and improvement, facility, or property.

(2)The board shall:

(a)adopt a resolution approving the dissolution of the public infrastructure district within 30 days of the day on which the conditions of Subsection

(1)are met; and

(b)file with the lieutenant governor a notice of an impending boundary action, as defined in Section 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5(3) , within 30 days of the day on which the board adopts a resolution described in Subsection (2)(a) .

(3)The board may use any assets of the public infrastructure district that remain after the requirements of Subsection

(1)are met to pay costs associated with the dissolution process.

(4)Upon the lieutenant governor's issuance of a certificate of dissolution under Section 67-1a-6.5 :

(a)the public infrastructure district is dissolved; and

(b)the board shall:

(i)if the public infrastructure district was located within the boundary of a single county, submit to the recorder of that county the original and a certified copy of the resolution described in Subsection (2)(a) ; or

(ii)if the public infrastructure district was located within the boundaries of more than a single county:

(A)submit to the recorder of one of those counties the original certificate of dissolution and a certified copy of the resolution described in Subsection (2)(a) ; and

(B)submit to the recorder of each other county a certified copy of the certificate of dissolution and a certified copy of the resolution described in Subsection (2)(a) .

(5)If any assets of the public infrastructure district remain after the conditions of Subsection

(1)are met and the costs described in Subsection

(3)are paid, the board shall distribute the assets in the following order of priority:

(a)if there is a readily identifiable connection between the remaining assets and a financial burden borne by the real property owners in the dissolved public infrastructure district, proportionately to those real property owners; and

(b)the entity described in Subsection (1)(c)(ii) .

Enacted by Chapter 373 , 2026 General Session