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[Introduced][Status][Bill Documents][Fiscal Note]
[Bills Directory]
H.B. 221 Enrolled
REVISOR'S STATUTE
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Susan J. Koehn
AN ACT RELATING TO STATE AFFAIRS; MAKING TECHNICAL AMENDMENTS; AND
REPEALING CERTAIN OUTDATED SECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
9-2-1610, as enacted by Chapter 236, Laws of Utah 1996
10-2-115, as enacted by Chapter 389, Laws of Utah 1997
10-2-416, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-3-106, as last amended by Chapter 17, Laws of Utah 1999
13-30-106, as last amended by Chapter 124, Laws of Utah 1999
17A-1-301, as last amended by Chapter 30, Laws of Utah 1992
17A-1-437, as last amended by Chapter 285, Laws of Utah 1992
17A-2-215, as last amended by Chapter 227, Laws of Utah 1993
17A-2-219, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-331, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-422, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-534, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-535, as last amended by Chapter 227, Laws of Utah 1993
17A-2-544, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-553, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-605, as last amended by Chapter 146, Laws of Utah 1994
17A-2-812, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-818, as last amended by Chapters 199 and 299, Laws of Utah 1995
17A-2-824, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-1023, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-1024, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-1030, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-1202, as last amended by Chapter 320, Laws of Utah 1995
17A-2-1210, as last amended by Chapter 50, Laws of Utah 1993
17A-2-1302, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-1411, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-1425, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-1437, as last amended by Chapter 152, Laws of Utah 1996
17A-2-1444, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-1512, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-1704, as last amended by Chapter 212, Laws of Utah 1993
17A-2-1709, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-2-1803, as last amended by Chapter 19, Laws of Utah 1998
17A-2-1805, as enacted by Chapter 216, Laws of Utah 1995
17A-3-209, as last amended by Chapter 365, Laws of Utah 1999
17A-3-210, as last amended by Chapter 30, Laws of Utah 1992
17A-3-303, as last amended by Chapter 47, Laws of Utah 1991
17A-3-412, as renumbered and amended by Chapter 186, Laws of Utah 1990
17A-3-701, as last amended by Chapter 106, Laws of Utah 1999
17B-2-201, as enacted by Chapter 368, Laws of Utah 1998
19-6-703, as enacted by Chapter 283, Laws of Utah 1993
26-8a-402, as enacted by Chapter 141, Laws of Utah 1999
26-8a-502, as enacted by Chapter 141, Laws of Utah 1999
26-18-2, as last amended by Chapter 61, Laws of Utah 1999
26-18-3.7, as last amended by Chapter 209, Laws of Utah 1997
26-21-2, as last amended by Chapters 13 and 192, Laws of Utah 1998
26-40-102, as enacted by Chapter 360, Laws of Utah 1998
26-44-101, as enacted by Chapter 344, Laws of Utah 1999
26-44-202, as enacted by Chapter 344, Laws of Utah 1999
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30-1-9, as last amended by Chapter 15, Laws of Utah 1999
30-3-38, as last amended by Chapters 235 and 329, Laws of Utah 1997
31A-5-103, as enacted by Chapter 242, Laws of Utah 1985
31A-16-103, as last amended by Chapter 131, Laws of Utah 1999
31A-22-302, as last amended by Chapter 132, Laws of Utah 1992
31A-22-604, as last amended by Chapter 102, Laws of Utah 1995
31A-23-102, as last amended by Chapter 131, Laws of Utah 1999
31A-23-503, as last amended by Chapter 9, Laws of Utah 1996, Second Special Session
31A-23-601, as last amended by Chapter 9, Laws of Utah 1996, Second Special Session
31A-25-205, as enacted by Chapter 242, Laws of Utah 1985
32A-1-105, as last amended by Chapter 141, Laws of Utah 1998
32A-1-113, as last amended by Chapter 169, Laws of Utah 1997
32A-1-117, as renumbered and amended by Chapter 23, Laws of Utah 1990
32A-1-118, as renumbered and amended by Chapter 23, Laws of Utah 1990
32A-1-121, as renumbered and amended by Chapter 23, Laws of Utah 1990
32A-1-504, as enacted by Chapter 20, Laws of Utah 1993
32A-3-102, as last amended by Chapter 132, Laws of Utah 1991
32A-4-102, as last amended by Chapter 132, Laws of Utah 1991
32A-4-106, as last amended by Chapter 127, Laws of Utah 1998
32A-4-202, as last amended by Chapter 132, Laws of Utah 1991
32A-4-206, as last amended by Chapter 127, Laws of Utah 1998
32A-5-102, as last amended by Chapter 132, Laws of Utah 1991
32A-5-107, as last amended by Chapter 127, Laws of Utah 1998
32A-7-102, as last amended by Chapter 132, Laws of Utah 1991
32A-8-102, as last amended by Chapter 132, Laws of Utah 1991
32A-8-106, as last amended by Chapters 77 and 88, Laws of Utah 1994
32A-8-502, as enacted by Chapter 20, Laws of Utah 1993
32A-8-505, as last amended by Chapter 141, Laws of Utah 1998
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32A-9-102, as last amended by Chapter 132, Laws of Utah 1991
32A-9-106, as last amended by Chapter 270, Laws of Utah 1998
32A-10-202, as last amended by Chapter 282, Laws of Utah 1998
32A-10-206, as last amended by Chapter 127, Laws of Utah 1998
32A-11-102, as last amended by Chapter 282, Laws of Utah 1998
32A-11-106, as last amended by Chapter 88, Laws of Utah 1994
32A-11a-102, as enacted by Chapter 328, Laws of Utah 1998
32A-12-303, as last amended by Chapter 132, Laws of Utah 1991
32A-12-304, as last amended by Chapter 132, Laws of Utah 1991
32A-12-305, as last amended by Chapter 132, Laws of Utah 1991
32A-12-306, as renumbered and amended by Chapter 23, Laws of Utah 1990
32A-12-307, as last amended by Chapter 20, Laws of Utah 1993
32A-12-308, as last amended by Chapter 132, Laws of Utah 1991
32A-12-310, as enacted by Chapter 132, Laws of Utah 1991
32A-13-109, as renumbered and amended by Chapter 23, Laws of Utah 1990
53-10-102, as renumbered and amended by Chapter 263, Laws of Utah 1998
53-10-304, as renumbered and amended by Chapter 263, Laws of Utah 1998
53-10-305, as renumbered and amended by Chapter 263, Laws of Utah 1998
53A-15-205, as enacted by Chapter 246, Laws of Utah 1994
58-37c-19, as enacted by Chapter 100, Laws of Utah 1998
58-37c-20, as enacted by Chapter 100, Laws of Utah 1998
58-56-3, as last amended by Chapter 42, Laws of Utah 1999
58-59-303, as repealed and reenacted by Chapter 247, Laws of Utah 1994
58-67-102, as last amended by Chapter 4, Laws of Utah 1999
58-68-102, as last amended by Chapter 4, Laws of Utah 1999
59-2-601, as last amended by Chapter 264, Laws of Utah 1998
62A-7-109, as last amended by Chapter 10, Laws of Utah 1999
62A-12-282.1, as last amended by Chapters 10, 329 and 365, Laws of Utah 1997
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63-25a-501, as enacted by Chapter 346, Laws of Utah 1999
63-55-209, as last amended by Chapters 21, 76 and 156, Laws of Utah 1999
63-55-254, as last amended by Chapter 189, Laws of Utah 1999
63-55-262, as last amended by Chapters 15 and 134, Laws of Utah 1997
63-55-263, as last amended by Chapters 13, 122 and 270, Laws of Utah 1998
63-55b-163, as renumbered and amended by Chapter 21, Laws of Utah 1999
63-75-7, as last amended by Chapter 136, Laws of Utah 1996
63A-9-801, as renumbered and amended by Chapter 252 and last amended by Chapter 375,
Laws of Utah 1997
63C-8-101, as enacted by Chapter 202, Laws of Utah 1997
76-8-508, as last amended by Chapter 175, Laws of Utah 1988
76-9-704, as last amended by Chapter 51, Laws of Utah 1999
76-10-105.1, as last amended by Chapter 412, Laws of Utah 1998
76-10-803, as last amended by Chapter 141, Laws of Utah 1992
76-10-1305, as last amended by Chapter 79, Laws of Utah 1996
76-10-1902, as last amended by Chapter 97, Laws of Utah 1999
77-19-11, as last amended by Chapter 113, Laws of Utah 1996
77-20-8.5, as last amended by Chapter 257, Laws of Utah 1998
77-32-401, as enacted by Chapter 354, Laws of Utah 1997
77-37-3, as last amended by Chapter 40, Laws of Utah 1993
78-3a-905, as last amended by Chapter 260, Laws of Utah 1999
78-3c-4, as last amended by Chapter 30, Laws of Utah 1992
78-3g-102, as last amended by Chapter 68, Laws of Utah 1998
REPEALS:
26-8-15, as last amended by Chapter 241, Laws of Utah 1991
78-32-12.3, as enacted by Chapter 152, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1.
Section
9-2-1610
is amended to read:
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9-2-1610. Recycling market development zones credit.
For a taxpayer within a recycling market development zone, there are allowed the credits
against tax as provided by Sections [
59-7-608
]
59-7-610
and
59-10-108.7
.
Section 2.
Section
10-2-115
is amended to read:
10-2-115. Notice of number of commission or council members to be elected and of
district boundaries -- Declaration of candidacy for city office.
(1) (a) Within 20 days of the county legislative body's receipt of the information under
Subsection
10-2-114
(1)(d), the county clerk shall publish in a newspaper of general circulation within
the future city a notice containing:
(i) the number of commission or council members to be elected for the new city;
(ii) if some or all of the commission or council members are to be elected by district, a
description of the boundaries of those districts as designated by the petition sponsors under
Subsection
10-2-114
(1)(b);
(iii) information about the deadline for filing a declaration of candidacy for those seeking to
become candidates for mayor or city commission or council; and
(iv) information about the length of the initial term of each of the city officers, as determined
by the petition sponsors under Subsection
10-2-114
(1)(c).
(b) The notice under Subsection (1)(a) shall be published at least once a week for two
successive weeks.
(c) (i) If there is no newspaper of general circulation within the future city, the county clerk
shall post at least one notice per 1,000 population in conspicuous places within the future city that
are most likely to give notice to the residents of the future city.
(ii) The notice under Subsection (1)(c)(i) shall contain the information required under
Subsection (1)(a).
(iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least seven days
before the deadline for filing a declaration of candidacy under Subsection (2).
(2) Notwithstanding Subsection [
20A-2-203
]
20A-9-203
(2)(a), each person seeking to
become a candidate for mayor or city commission or council of a city incorporating under this part
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shall, within 45 days of the incorporation election under Section
10-2-111
, file a declaration of
candidacy with the clerk of the county in which the future city is located.
Section 3.
Section
10-2-416
is amended to read:
10-2-416. Commission decision -- Written decision -- Limitation.
(1) Subject to Subsection (3), after the public hearing under Subsection
10-2-415
(1) the
commission may:
(a) approve the proposed annexation, either with or without conditions;
(b) make minor modifications to the proposed annexation and approve it, either with or
without conditions; or
(c) disapprove the proposed annexation.
(2) The commission shall issue a written decision on the proposed annexation within 20 days
of the conclusion of the hearing under Subsection
10-2-415
(1) and send a copy of the decision to:
(a) the legislative body of the county in which the area proposed for annexation is located;
(b) the legislative body of the proposed annexing municipality;
(c) the contact person on the annexation petition;
(d) each entity that filed a protest; and
(e) if a protest was filed under Subsection
10-2-407
(1)[(d)](a)(iv), the contact person.
(3) The commission may not approve a proposed annexation unless the results of the
feasibility study under Section
10-2-413
show that the average annual amount under Subsection
10-2-413
(3)(a)(ix) does not exceed the average annual amount under Subsection
10-2-413
(3)(a)(viii)
by more than 5%.
Section 4.
Section
10-3-106
is amended to read:
10-3-106. Governing body in towns.
The governing body of each town that has not adopted an optional form of government under
Part 12, Alternative Forms of Municipal Government Act, shall be a council of five persons one of
whom shall be the mayor and the remaining four shall be [councilmen] council members.
Section 5.
Section
13-30-106
is amended to read:
13-30-106. Bond, certificate of deposit, or letter of credit.
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(1) (a) A person may not conduct a personal introduction service unless at the time of
conducting the personal introduction service the person has on file with the division a good and
sufficient bond, certificate of deposit, or letter of credit.
(b) If a personal introduction service business obtains and maintains a bond, the bond shall
be a performance bond issued by a surety authorized to transact surety business in this state.
(2) The bond, certificate of deposit, or letter of credit shall be for an amount prescribed by
rule, payable to the division.
(3) (a) The bond, certificate of deposit, or letter of credit shall provide that the person giving
it shall, upon written demand, remit to the division the amount necessary:
(i) as reimbursement for both administrative and civil violations of this chapter; and
(ii) in satisfaction of any civil [and or] judgments, criminal judgments, or both, rendered by
a court of competent jurisdiction for violations of this chapter.
(b) Notwithstanding Subsection (3)(a), recovery from a bond, certificate of deposit, or letter
of credit is limited to the amount of the bond, certificate of deposit, or letter of credit.
(4) The division may:
(a) specify the form of the bond, certificate of deposit, or letter of credit; and
(b) require that the bond, certificate of deposit, or letter of credit contain additional
provisions and conditions that the division considers necessary or proper to protect the persons for
whom the collection is undertaken.
(5) (a) A bond, certificate of deposit, or letter of credit required under this section shall be
for the term of one year from the date of issuance and shall run concurrently with the registration.
(b) The applicant shall maintain the bond, certificate of deposit, or letter of credit for the
entire duration of the registration and for a period of not less than one year after the division receives
notice in writing from the person engaged in the business of a personal introduction service that all
activities have ceased.
(c) An action on a bond, certificate of deposit, or letter of credit may not be initiated more
than two years from the date the bond, certificate of deposit, or letter of credit expires.
Section 6.
Section
17A-1-301
is amended to read:
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17A-1-301. Exemptions.
This part does not apply to:
(1) public transit districts established under authority of Title 17A, Chapter 2, Part 10, Utah
Public Transit District Act;
(2) water conservancy districts established under Title 17A, Chapter 2, Part 14, Water
Conservancy Districts;
(3) soil conservation districts created under the authority of Title 17A, Chapter 3, Part 8, Soil
Conservation Districts;
(4) neighborhood redevelopment agencies established under authority of Title 17A, Chapter
2, Part 12, Utah Neighborhood Development Act;
(5) metropolitan water districts established under authority of Title 17A, Chapter 2, Part 8,
Metropolitan Water District Act;
(6) any dependent special district established under the authority of Title 17A, Chapter 3,
Dependent Special Districts; and
(7) a hazardous waste facilities [Management Authorities] authority established under
authority of [Title 17A,] Chapter 2, Part 17, Hazardous Waste Facilities Management Act.
Section 7.
Section
17A-1-437
is amended to read:
17A-1-437. District treasurer -- Duties generally.
(1) (a) The governing body of the district shall appoint a district treasurer.
(b) (i) Where required, the treasurer may be chosen from among the members of the
governing board, except that the chairman of the board may not be district treasurer.
(ii) The district clerk may not also be the district treasurer.
(2) The district treasurer is custodian of all money, bonds, or other securities of the district.
(3) The district treasurer shall:
(a) determine the cash requirements of the district and provide for the deposit and investment
of all monies by following the procedures and requirements of Title 51, Chapter 7, State Money
Management Act;
(b) receive all public funds and money payable to the district within three business days after
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collection, including all taxes, licenses, fines, and intergovernmental revenue;
(c) keep an accurate detailed account of all monies received under Subsection [(2)] (3)(b)
in the manner provided in this part and as directed by the governing body of the district by resolution;
and
(d) collect all special taxes and assessments as provided by law and ordinance.
Section 8.
Section
17A-2-215
is amended to read:
17A-2-215. Board of cemetery maintenance commissioners -- Organization --
Vacancies -- Officers -- Certified copies of appointments -- Regular and special meetings --
Bills payable -- Oath of office and bond.
Immediately after qualifying, the board of cemetery maintenance commissioners shall meet
and organize as a board and, at that time, and whenever thereafter vacancies in the respective offices
may occur, they shall elect a president from their number and shall appoint a secretary and treasurer
who may also be from their number all of whom shall hold office during the pleasure of the board or
for terms fixed by the board. The offices of secretary and treasurer may be filled by the same person.
Certified copies of all such appointments under the hand of each of the commissioners shall be
forthwith filed with the clerk of the county legislative body and with the tax collector of the county.
As soon as practicable after the organization of the first board of cemetery maintenance
commissioners and thereafter when deemed expedient or necessary such board shall designate a day
and hour on which regular meetings shall be held and a place for the holding thereof which shall be
within the district. Regular meetings must show what bills are submitted, considered, allowed or
rejected. The secretary shall make a list of all bills presented, showing to whom payable, for what
service or material, when and where used, amount claimed, allowed or disallowed. Such list shall be
signed by the chairman and attested by the secretary; provided, that all special meetings must be
ordered by the president or a majority of the board, the order must be entered of record, and the
secretary must give each member not joining in the order[,] five days notice of special meetings;
provided further, that whenever all members of the board are present the same shall be deemed a legal
meeting and any lawful business may be transacted. All meetings of the board must be public and a
majority shall constitute a quorum for the transaction of business. All records shall be open to the
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inspection of any elector during business hours.
The officers of the district shall take and file with the secretary an oath for the faithful
performance of the duties of the respective officers. The treasurer shall on his appointment execute
and file with the secretary an official bond in such an amount as may be fixed by the cemetery
maintenance board which amount shall be at least sufficient to cover the probable amounts of money
coming into his hands and 25% thereof in addition thereto.
Section 9.
Section
17A-2-219
is amended to read:
17A-2-219. Acquisition and possession of property -- Legal title -- Actions by and
against board.
The legal title to all property acquired under the provisions of this part shall immediately, and
by operation of law, vest in such cemetery maintenance district and shall be held by such district in
trust for and is dedicated and set aside to the uses and purposes set forth in this part. Said board is
authorized and empowered to hold, use, acquire, manage, occupy and possess said property as herein
provided and to institute and maintain any and all actions and proceedings, suits at law or in equity
or to enforce, maintain, protect or preserve any and all rights, privileges and immunities created by
this part or acquired in pursuance thereof. In all courts, actions, suits or proceedings, the said board
may sue, appear and defend, in person or by attorney and in the manner of such cemetery
maintenance
district.
Section 10.
Section
17A-2-331
is amended to read:
17A-2-331. Annexation of areas.
[Area] An area outside of any improvement district created under or operating under
provisions of Chapter 2, Part 3, County Improvement Districts for Water, Sewerage, Flood Control,
Electric and Gas, may be annexed to any such improvement district in the manner herein provided.
Section 11.
Section
17A-2-422
is amended to read:
17A-2-422. Proposal to incur indebtedness -- Resolution -- Notice -- Hearing -- Calling
of bond election -- Written protests.
(1) (a) A proposal to incur indebtedness which would cause the total county debt to exceed
the county taxes for the current year or which would not be payable within one year, as the case may
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be, may be originated by a majority vote of the board of trustees or by petition of not less than 100
property owners or 10% of all the property owners, whichever is less, who own property within the
county service area or by petition of not less than 10% of all the qualified voters residing in the
county service area.
(b) The proposal shall specify the particular purpose for which the indebtedness is to be
created, the amount in money of bonds which it is proposed to issue and the name and number of the
county service area.
(2) After the proposal has been made, the board of trustees, as expeditiously as possible, shall
adopt a resolution fixing a time and place at which the proposal shall be heard, which time shall be
not less than 30 nor more than 60 days after the date of adoption of the resolution.
(3) (a) The board of trustees shall immediately issue a notice of the time and place of hearing,
which notice shall state that all persons who own property in the service area when the debt is payable
solely from within the county service area or all persons residing in the county when the debt is
countywide may appear at the hearing and contend for or protest against the incurrence of the debt
and the holding of a bond election.
(b) If the service area has issued bonds, the notice shall include a statement of the amount
of outstanding bonds of the service area and shall indicate whether the bonds are general obligations
of the county or are payable solely from within the county service area.
(4) (a) The board of trustees shall cause the notice to be published once a week during four
consecutive weeks in a newspaper of general circulation in the county, the first publication to be not
more than 60 days nor less than 28 days prior to the date of the hearing.
(b) It is not necessary that the notice be published on the same day of the week in each of
four calendar weeks, but not less than 20 days shall intervene between the first publication and the
last publication.
(5) At the time and place set for the hearing of the petition, or upon a subsequent date fixed
at the original hearing the board of trustees shall proceed to hear the proposal and all matters in
respect to a bond election.
(6) If, upon the hearing of the proposal, the board of trustees finds that due notice has been
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given and that the services under discussion would be for the benefit of all taxable property or the real
property owners situated in the service area, then the board shall make and cause to be entered of
record upon its minutes an order so finding, and shall proceed to call the bond election and, if a
majority of those voting, vote in the affirmative, to issue the bonds in the manner provided.
(7) The board may reduce the amount in money of the bonds named in the petition.
(8) (a) If written protests are filed prior to the date fixed for the original hearing, signed by
property owners owning taxable property in the service area with a taxable value in excess of 40%
of the taxable value of all the taxable property within the service area, according to the last
assessment roll for county taxes completed prior to the holding of the election or by 40% of all the
qualified voters residing in the county service area or by 40% of all the qualified voters residing in
the county, the board does not have authority to proceed with the calling of the election, and no new
petition for a bond election in the service area may be entertained for a period of 12 months from that
time.
(b) If written protests are filed and the board of trustees determines that the protests so filed
represent less than the 40% required, a resolution or finding in writing of the board calling the
election shall so recite and the recital shall be conclusive.
(9) The provisions of this section and of Section
17A-2-407
with regard to publication of
notice in a newspaper may be carried out concurrently.
Section 12.
Section
17A-2-534
is amended to read:
17A-2-534. Public uses -- Right of entry on lands -- Penalty for interference.
(1) The use of any canal, ditch, or the like, created under the provisions of this part, shall be
deemed a public use and for a public benefit.
(2) The supervisors or their representatives from the time of their appointment may go upon
the lands lying within [said] the district for the purpose of examining the same, and making surveys,
and after the organization of [said] the district and payment or tender of compensation allowed, may
go upon [said] those lands with their servants, teams, tools, instruments, or other equipment, for the
purpose of constructing such proposed work, and may forever thereafter enter upon [said] those
lands, as aforesaid, for the purpose of maintaining or repairing such proposed work, doing no more
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damage than the necessity of the occasion may require[, any].
(3) Any person or persons who shall willfully prevent or prohibit any of such persons from
entering such lands for the purpose aforesaid shall be deemed guilty of a misdemeanor and upon
conviction be fined any sum not exceeding $25 per day for each day's hindrance, which sum shall be
paid into the county treasury for the use of [said] the district.
Section 13.
Section
17A-2-535
is amended to read:
17A-2-535. Validation of organization proceedings -- Notice of proposed corrections,
amendments, or changes in assessment of benefits -- Hearing by county legislative body of
report of board of supervisors -- Board of equalization -- Increase of drainage benefits and
taxes -- Lien.
Whenever it shall appear to the board of supervisors that any proceedings for the organization
of a drainage district have not been strictly in compliance with law, or if any lands within the district
have been erroneously assessed for benefits or taxes, or inequitably assessed for benefits or taxes, or
that any assessment of damages or benefits under this part has been made in error as to description,
ownership, or acreage intended to be assessed, or if it shall appear to such board of supervisors that
the assessment of benefits has been inequitably distributed among the various parcels of land, or
unjustly equalized as between the various parcels of land within the district, or that any tract of land,
easement or interest in land, public[,] or private road, railroad or railroad right-of-way, has been
included in, or omitted from, any assessment roll of benefits or taxes by reason of clerical error or
otherwise, or that proper notice or notices as required by law has not or have not been given, such
noncompliance, error, omission or want of notice shall not invalidate such organization, neither shall
any such assessments of benefits or taxes be lost to the district in case of any omission, nor shall the
board of supervisors and the county legislative body be held to have lost jurisdiction to correct such
error or omission, or to readjust such assessments of benefits or to redistribute such assessment of
benefits upon the various parcels of land and interest in lands within such district, and to justly
equalize the same as between various parcels of land and interest in lands within the district, but the
board of supervisors of such district may report any such conditions and recommend such corrections
and changes as such board of supervisors may deem necessary to remedy the same; and upon
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receiving such report and recommendation the said county legislative body may make such
corrections, amendments or changes in the assessment rolls of benefits and taxes, or correct any error,
omission, mistake, inequality or want of sufficient notice, as may be just; provided, that when any
correction, amendment or change is sought to be made, notice of such proposed correction,
amendment or change in the assessment of benefits and taxes shall be given to all persons affected
thereby, in the following manner:
The board of supervisors of the drainage district shall file with the clerk of the county
legislative body of the county wherein the drainage district is located, a verified report containing the
proposed corrections, amendments, and/or changes in the assessments of benefits and taxes with their
recommendation with respect thereto, to the county legislative body. The county legislative body
shall, at its first meeting thereafter, fix a time and place for a hearing on said report and shall cause
a notice of the hearing thereon to be published three times if in a daily newspaper, twice if in a
semiweekly newspaper and once if in a weekly newspaper, not less than 15 days before said hearing,
and when the residence or post-office address of any landowner, whose assessment of benefits or
taxes is to be corrected, amended or changed is known the clerk of the county legislative body shall
cause a copy of the notice to be sent by United States mail to such landowner, not less than 15 days
before the time fixed for the hearing on the report. The notice shall state generally the purpose of the
hearing and the time and place where the county legislative body shall meet as a board of
equalization
to hear and determine any complaint made against such report, corrections, amendments and changes
in the assessment roll of benefits and taxes.
The county legislative body at the time and place fixed in the notice shall sit as a board of
equalization and it shall make and finally determine such corrections, amendments and changes in the
roll of assessment of benefits and taxes, as it shall determine after such hearing, and thereafter all such
lands, easements or interest in lands shall be assessed in accordance with the assessment roll as thus
corrected, amended, or changed; and such changed assessment roll of benefits and taxes shall be the
basis of lien upon the parcels of land or interest in land, as corrected, amended or changed, for all
district indebtedness. Whenever it shall be made to appear to the board of supervisors of the drainage
district that any owner or operator of any land within the drainage district has so changed the use of
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such land so as to increase the benefits received by such land by reason of the construction,
maintenance, and operation of the drainage system, the board of supervisors of the drainage district
shall view each tract of such land and shall carefully consider the increased benefits such tract of land
is receiving from the construction, maintenance and operation of the drainage system and shall assess
such tract of land in accordance with the increased benefits received by it. After such assessment is
made, the secretary of the board of supervisors shall transmit the same to the county legislative body
and the county legislative body shall within 15 days after receipt thereof, cause not less than 15 days
notice to be sent by mail to each landowner in the district whose benefits have thus been increased,
showing the amount of the benefits as thus increased on the land owned by the landowner within the
district; and stating therein the time and place where the county legislative body shall meet as a board
of equalization to hear and determine complaints made against such increased assessments. At such
hearing any landowner upon whose lands the benefits are thus increased may appear and oppose such
increase or any part thereof. The county legislative body shall sit as a board of equalization of the
increased drainage benefits and taxes, and shall equalize and determine the assessment of benefits and
taxes to be made and levied upon such tract of land within the district. Such increased assessment of
benefits shall be the basis of a lien upon such lands within the district for all district indebtedness and
taxes.
Section 14.
Section
17A-2-544
is amended to read:
17A-2-544. Bonds -- Lien on land and improvements.
Whenever any such drainage district bonds shall be issued, or contract with the United States
made, in accordance with the provisions of this part, such bonds or contract[,] shall constitute a lien
upon all of the lands and improvements thereon within the boundaries of the district, to the extent of
the total benefits, assessed and equalized, and pledged for such purpose, and not in excess thereof,
and the board of supervisors of said district shall from time to time, as by this part provided, levy a
sufficient tax to pay the annual interest charge on such bonds, and in addition thereto, such an amount
as a sinking fund which shall, in the course of events and ultimately, amount to a sufficient sum to
redeem said bonds, or in case of contract with the United States, shall levy a sufficient tax to meet
all payments due, or to become due thereunder, and in addition thereto, a sufficient tax to pay the
- 16 -
interest or penalties on any delinquent payment or payments, as provided in said contract or as
required by the statutes of the United States.
Section 15.
Section
17A-2-553
is amended to read:
17A-2-553. Taxes considered lien -- Sale of property -- Time of redemption -- Notice
-- Penalty -- Record.
All drainage taxes levied and assessed under the provisions of this title shall attach to and
become a lien on the real property assessed from and after the second Monday in March. Drainage
taxes shall become due and delinquent at the same time, and shall be collected by the same officers
and in the same manner and at the same time as state and county taxes, and when collected shall be
paid to the treasurer of the board of supervisors. The revenue laws of this state for the assessment,
levying, and collecting of taxes on real estate for county purposes, except as herein modified, shall
be applicable for the purposes of this part, including the enforcement of penalties and forfeiture for
delinquent taxes; provided, that lands sold for delinquent district taxes shall be sold separately for
such tax and a separate certificate of sale shall issue therefor, and provided further that the period of
redemption from sale for taxes under this part[,] shall be four years. At the same time and in the same
manner as the county treasurer publishes the delinquent tax list for state and county taxes in each
year, the county treasurer must publish a delinquent drainage tax list, which must contain the names
of the owners, when known and a description of the property delinquent or subject to lien of drainage
district taxes with the amount of taxes due exclusive of penalty. The county treasurer must publish
with such list a notice, each year, that unless the delinquent drainage taxes, together with the penalty,
are paid before the date for tax sales for state and county taxes the real property upon which such
taxes are a lien will be sold for taxes, penalty and costs, beginning on said date, at the front door of
the county courthouse. The delinquent list shall be published three times if in a daily newspaper,
twice if in a semiweekly and once if in a weekly newspaper. On the date for tax sales for state and
county taxes each year, the county treasurer shall expose for sale, between the hours of ten a.m. and
three p.m. sufficient of all delinquent real estate to pay the drainage district taxes, penalty and costs
for which such real estate is liable, at public auction, at the front door of the county courthouse, and
sell the same to the highest responsible bidder for cash, and the county treasurer shall continue to sell
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from day to day between such hours until the property of all delinquents is exhausted or the taxes,
penalty and costs are paid. In offering such real estate for sale the treasurer shall offer the entire tract
assessed, and the first bid received in an amount sufficient to pay the taxes and costs shall be accepted
unless a further bid in the same amount for less than the entire tract shall be received; and the highest
and best bid shall be construed to mean the bid of that bidder who will pay the full amount of the
taxes and costs for the smallest undivided portion of said real estate. After receiving a bid for the full
amount of the taxes and costs it shall not be the duty of the treasurer to attempt to secure a higher
bid, but he shall accept it if made. The treasurer shall make a record of all sales of real property in
a book to be kept by him for that purpose therein describing the several parcels of real property on
which the taxes and costs were paid by the purchasers, in the same order as the published list of
delinquent sales contained in the list of advertisements on file in his office. Separate columns shall also
be provided in said record in which the treasurer shall enter the description of any tract sold that is
less than the entire tract on which the taxes are due, the date of sale, to whom sold, the penalty, and
costs, and the date of redemption. The purchaser shall be required to pay the penalty to the county
treasurer, which penalty shall in all cases accrue to the benefit of the drainage district. When all sales
have been made the county treasurer shall file the record in his office, in looseleaf bound form. It
shall be the duty of the county treasurer to issue a receipt to any person paying drainage district taxes
on an undivided interest in real estate, showing the interest on which taxes are paid, and in case any
portion of the drainage district taxes on such real estate remains unpaid, it shall be the duty of the
treasurer to sell only such undivided interest in said real estate as belongs to the co-owners who have
not paid their portion of the taxes. In absence or default of purchaser at any such public sale of
drainage district taxes, the drainage district in which taxes are delinquent shall become the purchaser
and shall receive from the county treasurer the tax sale certificate of the real property on which
drainage district taxes are delinquent upon the same terms upon which the county receives tax sales
certificates on sales for delinquent state and county taxes and shall hold the same in the same manner
as an individual may hold real property upon which state or county taxes are delinquent, subject to
the same rights of redemption. In all respects, a drainage district shall be the beneficiary of taxes
assessed and levied by it, provided, however, that county treasurer shall retain the costs and expense
- 18 -
provided by law for the advertisement, sale and redemption of drainage district taxes.
Section 16.
Section
17A-2-605
is amended to read:
17A-2-605. Organization of proposed district -- Adoption of ordinance -- Election --
Qualification of voters.
After the county legislative body has made its order finally fixing and determining the
boundaries of the proposed district, the district can be created by either (1) the county legislative
body adopting an ordinance creating the [said] district, which ordinance shall give the name thereof,
the county in which it is located and a description of the proposed area and boundaries of the district.
The [said] district shall become legally existent, provided no appeal is taken [as set forth in Section
17A-2-607
], 30 days from the date of first publication of the ordinance creating the [said] fire district
or (2) the county legislative body shall give notice of an election to be held within the proposed
district for the purpose of determining whether or not the same shall be organized under the
provisions of this part. Such notice shall give the name of the proposed fire protection district,
describe the boundaries thereof, name the precinct or precincts therein with a description of the
boundaries of each, together with a designation of the polling places. The notice shall be published,
previous to the time of such election, in the same manner as provided in Section
17A-2-603
[above].
Such notice shall require the electors to cast ballots which shall contain the words " ____ fire
protection district, yes," or "____ fire protection district, no" or words equivalent thereto. Qualified
electors, under the general laws of the state, living within such district shall be entitled to vote on the
question of whether the district shall or shall not be created.
Section 17.
Section
17A-2-812
is amended to read:
17A-2-812. Ballot.
The ballot used at such election shall contain the words "Shall the territory embraced within
the corporate boundaries of the city of .......... become a part of the .......... metropolitan water
district" (inserting the name of the city or water district as the case may be wherein such ballot shall
be used and the name of the metropolitan water district as stated in the initiating ordinance) and the
words "Yes" and "No" accompanied by voting squares set opposite thereto so that any elector may
record [his] a vote either for or against the [propositions] proposition.
- 19 -
Section 18.
Section
17A-2-818
is amended to read:
17A-2-818. Powers of incorporated districts -- Preferential right of city to purchase
water.
(1) (a) Any district incorporated as provided in this part may:
(i) have perpetual succession;
(ii) sue and be sued in all actions and proceedings and in all courts and tribunals of competent
jurisdiction;
(iii) adopt a corporate seal and alter it;
(iv) take by grant, purchase, bequest, devise, or lease, and hold, enjoy, lease, sell, encumber,
alienate, or otherwise dispose of, water, waterworks, water rights, and sources of water supply, and
any real and personal property of any kind within or without the district and within and without Utah
necessary or convenient to the full exercise of its powers;
(v) acquire, construct, or operate, control, and use works, facilities, and means necessary or
convenient to the exercise of its powers, both within and without the district and within and without
Utah; and
(vi) perform any and all things necessary or convenient to the full exercise of the powers
granted under this section.
(b) (i) Any district incorporated as provided in this part may have and exercise the power of
eminent domain and, in the manner provided by law for the condemnation of private property for
public use, take any property necessary to the exercise of the powers granted under this section.
(ii) In any proceeding relative to the exercise of the power of eminent domain, the district has
the same rights, powers, and privileges as a municipal corporation.
(2) (a) Any district incorporated as provided in this part may:
(i) construct and maintain works and establish and maintain facilities across or along any
public street or highway and in, upon, or over any vacant public lands, that are now, or may become,
the property of the state, other than those lands defined in Subsection
53C-1-103
(6); and
(ii) construct works and establish and maintain facilities across any stream of water or
watercourse if the district promptly restores the street or highway to its former state of usefulness as
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nearly as may be and does not use the street or highway in a manner that completely or unnecessarily
impairs the usefulness of it.
(b) (i) In the use of streets, the district is subject to the reasonable rules and regulations
concerning excavations and the refilling of excavations, the relaying of pavements and the protection
of the public during periods of construction of the county or municipality in which the streets are
located.
(ii) The county or municipality may not require the district to pay any license or permit fees,
or file any bonds.
(iii) The county or municipality may require the district to pay reasonable inspection fees.
(3) (a) Any district incorporated as provided in this part may borrow money, incur
indebtedness, and issue bonds and other obligations.
(b) A district may not issue bonds that pledge the full faith and credit of the district for
payment if those bonds, in the aggregate, exceed 10% of the fair market value, as defined under
Section
59-2-102
, of the taxable property in the district as computed from the last equalized
assessment roll for county purposes before the issuance of the bonds.
(c) For purposes of Subsection (3), the district shall include the fair market value of all tax
equivalent property, as defined under Section
59-3-102
, as a part of the fair market value of taxable
property in the district.
(4) Contracts and agreements with the United States of America, and with any water users'
association or any other public, cooperative, or private entity from which the district procures water,
and bonds payable solely from revenues of the district other than from the proceeds of ad valorem
taxes, are not within the limitation established by this Subsection (4).
(5) (a) Any district incorporated as provided in this part may fix and determine the funds
required for district purposes of every nature and apportion and charge the same against the area of
each city within the district by following the procedures and requirements of this Subsection (5).
(b) As to the costs of all water, water rights, reservoirs, canals, conduits, and other works
for which the district as a whole receives the benefit, and because of which the district is indebted or
because of which the district has made payment without any previous apportionment and charge
- 21 -
having been made, and the charges made against the district because of its ownership of stock in any
water users' association, in the same proportion as the water and water rights set apart or allotted to
each area bear to the total water and water rights owned or held by the district.
(c) As to that portion of these funds required for operation, maintenance, and the cost of
construction of distributing systems, the district shall equitably apportion these costs and determine
and base them on the benefits and the relative cost of service provided by the district to each
respective area.
(6) (a) Any district incorporated as provided in this part may:
(i) levy and collect taxes for the purposes of carrying on the operations and paying the
obligations of the district; and
(ii) in any year, levy a tax sufficient to cover in full any deficit that may have resulted from
tax delinquencies for any preceding year.
(b) (i) Taxes levied under this subsection for administering the district and maintaining and
operating its properties may not exceed .0005 per dollar of taxable value of taxable property in the
district.
(ii) Taxes levied to pay principal of and interest on the bonds of the district, to pay
indebtedness and interest owed to the United States of America, or to pay assessments or other
amounts due any water users' association or other public cooperative[,] or private entity from which
the district procures water are not subject to the limitation established by this Subsection [(5)] (6)(b).
(c) (i) The district shall:
(A) levy taxes for the payment of principal of and interest on the bonds of the district as
separate and special levies for that specific purpose; and
(B) apply the proceeds from them solely to the payment of this principal and interest.
(ii) As separate and special levies, these levies are not subject to any priorities in favor of
obligations of the district in existence at the time the bonds were issued.
(d) (i) The district may not levy any of the taxes authorized by this Subsection (6) unless it
has conducted, at its regular place of business, a public hearing on the purposes and necessities of
the taxation.
- 22 -
(ii) The board of directors of the district shall publish notice of the public hearing at least
seven days prior to the hearing in a newspaper of general circulation published in the county or
counties in which the district is located.
(e) Any district incorporated as provided in this part may:
(i) enter into contracts, employ and retain personal services, and employ laborers;
(ii) create, establish, and maintain and elect, appoint, and employ necessary and convenient:
(A) officers, attorneys, and agents convenient for the transaction of the business of the
district;
(B) officers and positions as necessary; and
(C) employees.
(7) (a) Any district incorporated as provided in this part may:
(i) join with one or more other corporations, public or private, for the purpose of carrying
out any of its powers;
(ii) contract with any other corporation or corporations for the purposes of financing
acquisitions, constructions, and operations;
(iii) in the contract, obligate itself severally or jointly with the other corporations; and
(iv) secure, guarantee, or become surety for the payment of any indebtedness, or the
performance of any contract or other obligation that may be, or has been, incurred or entered into by
any corporation in which the district has acquired shares of stock by subscription or otherwise.
(b) The contracts may provide for:
(i) contributions to be made by each party to them;
(ii) the division and apportionment of the expenses of the acquisitions and operations;
(iii) the division and apportionment of the benefits, the services, and the products from them;
and
(iv) an agency to effect the acquisitions and carry on these operations.
(c) The contracts shall provide the powers and the methods of procedure for the agency the
method by which the agency may contract.
(d) The contract may contain further covenants and agreements as necessary and convenient
- 23 -
to accomplish its purposes.
(8) Any district incorporated as provided in this part may:
(a) acquire water and water rights within or without Utah;
(b) develop, store, and transport water;
(c) subscribe for, purchase, and acquire stock in canal companies, water companies, and
water users' associations;
(d) provide, sell, lease, and deliver water within or outside of the district for municipal and
domestic purposes, irrigation, power, milling, manufacturing, mining, and metallurgical and any and
all other beneficial uses;
(e) fix the rates;
(f) acquire, construct, operate, and maintain any works, facilities, improvements, and
property that are necessary or convenient; and
(g) in the doing of all of these things:
(i) obligate itself jointly with other persons and corporations, public and private; and
(ii) execute and perform these obligations according to their tenor.
(9) (a) Any district incorporated as provided in this part may invest any surplus money in the
district treasury, including any money in any sinking fund established for the purpose of providing for
the payment of the principal or interest of any bonded contract or other indebtedness or for any other
purpose, not required for immediate necessities of the district, by following the procedures and
requirements of Title 51, Chapter 7, State Money Management Act.
(b) The district shall ensure that the sales of any bonds or treasury notes purchased and held
are made in season so that the proceeds may be applied to the purposes for which the money, with
which the bonds or treasury notes were originally purchased, was placed in the treasury of the district.
(c) The treasurer and controller, with the approval of the attorney, shall perform the functions
and duties authorized by this subsection under rules adopted by the board of directors of the district.
(10) Each city, the area of which is a part or all of any district incorporated under this part,
has a preferential right to purchase from the district, at rates determined by the board of directors of
the district, for distribution by the city, or any public utility empowered by the city for the purpose,
- 24 -
for domestic, municipal, and other beneficial uses within the city, a portion of the water served by the
district which shall bear the same ratio to all of the water supply of the district as the total
accumulation of amounts levied as taxes by the district against the property of the city which is within
the area of the district shall bear to the total of all taxes levied by the district against the property in
all of the cities in the areas of which are within the area of the district.
Section 19.
Section
17A-2-824
is amended to read:
17A-2-824. Revenue indebtedness or general obligation indebtedness -- Procedure for
incurring -- Terms.
(1) Any district which has determined to issue bonds shall issue its bonds under Title 11,
Chapter 14, the Utah Municipal Bond Act, for the acquisition through construction, purchase, or
otherwise and for the improvement or extension of any properties necessary or desirable in the
obtaining, treatment, and distribution of water and any other properties which the district is
authorized to own under this part. Bonds may be issued or a contract indebtedness or obligation
may be created (a) payable solely from the revenues of the district other than the proceeds of taxes,
in which case they shall be known for purposes of this section as "revenue indebtedness", or (b)
payable solely from the proceeds of taxes, in which case they shall be known for purposes of this
section as "general obligation indebtedness", or (c) payable from both operating revenues and the
proceeds of taxes, in which case they shall be known for purposes of this section as "general
obligation revenue indebtedness." The full faith and credit of the district shall be pledged to the
payment of its general obligation and general obligation revenue indebtedness, and taxes shall be
levied fully sufficient to pay that part of the principal of and interest on general obligation revenue
indebtedness as the revenues of the district pledged for this purpose may not be sufficient to meet.
General obligation indebtedness and general obligation revenue indebtedness may be issued only after
approval at an election as provided in Section
17A-2-821
. Revenue indebtedness may be similarly
submitted at an election as provided in Section
17A-2-821
if considered desirable by the board of
directors, but nothing in this part shall be construed to require such submission. Refunding bonds
may be issued without approval at an election.
(2) Revenue indebtedness and general obligation revenue indebtedness may be payable from
- 25 -
and secured by the pledge of all or any specified part of the revenues to be derived by the district from
its water supply and the operation of its water facilities and other properties. It is the duty of the
board of directors to impose for water and water services rendered thereby, rates fully sufficient to
carry out all undertakings contained in the resolution authorizing the bonds or the contract. The
board of directors may in the resolution agree to pay the expenses of maintaining and operating the
properties of the district from the proceeds of the ad valorem taxes authorized in Subsection
17A-2-818
[(1)(i)](6) and may enter into those covenants with the future holders of the bonds or the
other contracting party as to the management and operation of the properties, the imposition and
collection of fees and charges for water and services furnished thereby, the disposition of the fees and
revenues, the issuance of future bonds or the creation of future contract indebtedness or obligations
and the creation of future liens and encumbrances against the properties and the revenues from them,
the carrying of insurance on the properties, the keeping of books and records, the deposit, securing,
and paying out of the proceeds of the bonds, and other pertinent matters, as deemed proper by the
board of directors to assure the marketability of the bonds or the making of the contract. The board
of directors may undertake in the resolution to make the revenues of the properties sufficient to pay
all or any specified part of the expense of the operation and maintenance of them. Covenants may
be contained in the resolution with respect to the manner of the imposition and collection of water
charges, and provision also may be made in it for the appointment of a receiver for the properties of
the district in the event of a default by the district in carrying out the covenants and agreements
contained in the resolution. Provision may also be made in the resolution for a trustee to perform
those services with respect to the holding and paying out of the revenues of the district and the
proceeds of the bonds, and otherwise, as may be considered advisable. Maintenance and operation
costs and expenses as referred to in this section shall be construed to include any payments made by
the district to the United States of America, to any water users' association, or to any other public
or private entity for the cost of operating facilities used in providing water for the district.
Section 20.
Section
17A-2-1023
is amended to read:
17A-2-1023. Technical rules of evidence not to apply.
Oral evidence shall be taken on oath or affirmation. Hearings need not be conducted
- 26 -
according to technical rules of evidence, regardless of the existence of any common law or statutory
rule which might make improper the admission of such evidence over objection in a civil action.
Hearsay evidence is admissible for purposes of supplementing or explaining direct evidence but shall
not be sufficient in itself to support a finding unless it would be admissible over objection in a civil
action.
Section 21.
Section
17A-2-1024
is amended to read:
17A-2-1024. Record of hearing -- Review.
A complete record of all proceedings and testimony before the board at the hearing shall be
taken by a reporter appointed by the board. If an action is brought to review any decision of the
board a transcript of testimony together with all exhibits or copies thereof introduced and the written
request for hearing and other proceedings in the cause shall constitute the record on review; provided,
that the board and other parties may stipulate in writing that a specified part of the evidence be
certified to the court for judgment and in that case the part of the evidence specified and the
stipulation specifying the evidence shall be the record on review.
Section 22.
Section
17A-2-1030
is amended to read:
17A-2-1030. Employee rights and benefits extended under federal law to apply.
The rights, benefits and other employee protective conditions and remedies of Section 13(c)
of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. [1609(c)] 5333(b)), as
determined by the Secretary of Labor, shall apply to the establishment and operation by the district
of any public transit service or system and to any lease, contract, or other arrangement to operate
such system or services. Whenever the district shall operate such system or services, or enter into
any lease, contract, or other arrangement for the operation of such system or services, the district
shall take such action as may be necessary to extend to employees or affected public transit service
systems furnishing like services, in accordance with seniority, the first opportunity for reasonably
comparable employment in any available nonsupervisory jobs in respect to such operations for which
they can qualify after a reasonable training period. Such employment shall not result in any worsening
of the employee's position in his former employment or any loss of wages, hours, working conditions,
seniority, fringe benefits and rights and privileges pertaining thereto.
- 27 -
Section 23.
Section
17A-2-1202
is amended to read:
17A-2-1202. Definitions.
As used in this part:
(1) "Agency" means the legislative body of a community when designated by the legislative
body itself to act as a redevelopment agency.
(2) "Base tax amount" means that portion of taxes that would be produced by the rate upon
which the tax is levied each year by or for all taxing agencies upon the total sum of the taxable value
of the taxable property in a redevelopment project area as shown upon the assessment roll used in
connection with the taxation of the property by the taxing agencies, last equalized before the effective
date of the:
(a) ordinance approving the plan for projects for which a preliminary plan has been prepared
prior to April 1, 1993, and for which all of the following have occurred prior to July 1, 1993: the
agency blight study has been completed, and a hearing under Section
17A-2-1221
has in good faith
been commenced by the agency; or
(b) the first approved project area budget for projects for which a preliminary plan has been
prepared after April 1, 1993, and for which any of the following have occurred after July 1, 1993: the
completion of the agency blight study, and the good faith commencement of the hearing by the
agency under Section
17A-2-1221
; and
(c) as adjusted by Sections
17A-2-1250.5
,
17A-2-1251
,
17A-2-1252
, and
17A-2-1253
.
(3) "Blighted area" or "blight" means:
(a) for projects for which a preliminary plan has been prepared prior to April 1, 1993, and
for which all of the following have occurred prior to July 1, 1993: the agency blight study has been
completed, and a hearing under Section
17A-2-1221
has in good faith been commenced by the
agency, an area used or intended to be used for residential, commercial, industrial, or other purposes
or any combination of such uses which is characterized by two or more of the following factors:
(i) defective design and character of physical construction;
(ii) faulty interior arrangement and exterior spacing;
(iii) high density of population and overcrowding;
- 28 -
(iv) inadequate provision for ventilation, light, sanitation, open spaces, and recreation
facilities;
(v) age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses;
(vi) economic dislocation, deterioration, or disuse, resulting from faulty planning;
(vii) subdividing and sale of lots of irregular form and shape and inadequate size for proper
usefulness and development;
(viii) laying out of lots in disregard of the contours and other physical characteristics of the
ground and surrounding conditions;
(ix) existence of inadequate streets, open spaces, and utilities; and
(x) existence of lots or other areas which are subject to being submerged by water.
(b) For projects for which a preliminary plan has been prepared after April 1, 1993, and for
which any of the following have occurred after July 1, 1993: the completion of the agency blight
study, and the good faith commencement of the hearing by the agency under Section
17A-2-1221
,
when a finding of blight is required, an area with buildings or improvements, used or intended to be
used for residential, commercial, industrial, or other urban purposes or any combination of these uses,
which:
(i) contains buildings and improvements, not including out-buildings, on at least 50% of the
number of parcels and the area of those parcels is at least 50% of the project area; and
(ii) is unfit or unsafe to occupy or may be conducive to ill health, transmission of disease,
infant mortality, juvenile delinquency, or crime because of any three or more of the following factors:
(A) defective character of physical construction;
(B) high density of population and overcrowding;
(C) inadequate provision for ventilation, light, sanitation, and open spaces;
(D) mixed character and shifting of uses which results in obsolescence, deterioration, or
dilapidation;
(E) economic deterioration or continued disuse;
(F) lots of irregular form and shape and inadequate size for proper usefulness and
development, or laying out of lots in disregard of the contours and other physical characteristics of
- 29 -
the ground and surrounding conditions;
(G) existence of inadequate streets, open spaces, and utilities;
(H) existence of lots or other areas which are subject to being submerged by water; and
(I) existence of any hazardous or solid waste defined as any substance defined, regulated, or
listed as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic waste,"
"pollutant," "contaminant," or "toxic substances," or identified as hazardous to human health or the
environment under state or federal law or regulation.
(c) For purposes of Subsection (3)(b), if a developer involved in the project area
redevelopment or economic development causes any of the factors of blight listed in Subsection
(b)(ii), the developer-caused blight may not be used as one of the three required elements of blight.
Notwithstanding the provisions of this section, any blight caused by owners or tenants who may
become developers under the provisions of Section
17A-2-1214
shall not be subject to this
Subsection (3).
(4) "Bond" means any bonds, notes, interim certificates, debentures, or other obligations
issued by an agency.
(5) "Community" means a city, county, town, or any combination of these.
(6) "Economic development" means the planning or replanning, design or redesign,
development or redevelopment, construction or reconstruction, rehabilitation, business relocation or
any combination of these, within all or part of a project area and the provision of office, industrial,
manufacturing, warehousing, distribution, parking, public or other facilities, or improvements as may
benefit the state or the community in order for a public or private employer to create additional jobs
within the state.
(7) "Federal government" means the United States or any of its agencies or instrumentalities.
(8) "Legislative body" means the city council, city commission, county legislative body, or
other legislative body of the community.
(9) "Planning commission" means a city, town, or county planning commission established
pursuant to law or charter.
(10) "Project area" or "redevelopment project area" means an area of a community within
- 30 -
a designated redevelopment survey area, the redevelopment of which is necessary to eliminate blight
or provide economic development and which is selected by the redevelopment agency pursuant to
this part.
(11) "Project area budget" means, for projects for which a preliminary plan has been prepared
after April 1, 1993, and for which any of the following have occurred after July 1, 1993: the
completion of the agency blight study, and the good faith commencement of the hearing by the
agency under Section
17A-2-1221
, a multiyear budget for the redevelopment plan prepared by the
redevelopment agency showing:
(a) the base year taxable value of the project area;
(b) the projected tax increment of the project area, including the amount of any tax increment
shared with other taxing districts which shall include:
(i) the tax increment expected to be used to implement the redevelopment plan including the
estimated amount of tax increment to be used for land acquisition, public, and infrastructure
improvements, and loans, grants, or tax incentives to private and public entities; and
(ii) the total principal amount of bonds expected to be issued by the redevelopment agency
to finance the project;
(c) the tax increment expected to be used to cover the cost of administering the project area
plan;
(d) a legal description for the portion of the project area from which tax increment will be
collected pursuant to Section
17A-2-1247.5
, if the area from which tax increment is to be collected
is less than the entire project area; and
(e) for properties to be sold, the expected total cost of the property to the agency and the
expected sales price to be paid by the purchaser.
(12) "Public body" means the state, or any city, county, district, authority, or any other
subdivision or public body of the state, their agencies, instrumentalities, or political subdivisions.
(13) (a) "Redevelopment" means the planning, development, replanning, redesign, clearance,
reconstruction, or rehabilitation, or any combination of these, of all or part of a project area, and the
provision of residential, commercial, industrial, public, or other structures or spaces that are
- 31 -
appropriate or necessary to eliminate blight in the interest of the general welfare, including
recreational and other facilities incidental or appurtenant to them.
(b) "Redevelopment" includes:
(i) the alteration, improvement, modernization, reconstruction, or rehabilitation, or any
combination of these, of existing structures in a project area;
(ii) provision for open space types of use, such as streets and other public grounds and space
around buildings, and public or private buildings, structures and improvements, and improvements
of public or private recreation areas and other public grounds; and
(iii) the replanning or redesign or original development of undeveloped areas as to which
either of the following conditions exist:
(A) the areas are stagnant or improperly utilized because of defective or inadequate street
layout, faulty lot layout in relation to size, shape, accessibility, or usefulness, or for other causes; or
(B) the areas require replanning and land assembly for reclamation or development in the
interest of the general welfare.
(14) "Redevelopment plan" means a plan developed by the agency and adopted by ordinance
of the governing body of a community to guide and control redevelopment and economic
development undertakings in a specific project area.
(15) "Redevelopment survey area" or "survey area" means an area of a community designated
by resolution of the legislative body or the governing body of the agency for study by the agency to
determine if blight exists if redevelopment is planned, and if a redevelopment or economic
development project or projects within the area are feasible.
(16) "Taxes" include all levies on an ad valorem basis upon land, real property, personal
property, or any other property, tangible or intangible.
[(18)] (17) "Tax increment" means that portion of the levied taxes each year in excess of the
base tax amount which excess amount is to be paid into a special fund of an agency.
[(17)] (18) "Taxing agencies" mean the public entities, including the state, any city, county,
city and county, any school district, special district, or other public corporation, which levy property
taxes within the project area.
- 32 -
Section 24.
Section
17A-2-1210
is amended to read:
17A-2-1210. Limits on value and size of project areas using tax increment financing
without consent of local taxing agencies -- Time limits.
(1) (a) A redevelopment plan adopted after April 1, 1983, and projects for which a
preliminary plan has been prepared prior to April 1, 1993, and for which all of the following have
occurred prior to July 1, 1993: the agency blight study has been completed, and a hearing under
Section
17A-2-1221
has in good faith been commenced by the agency, may not incorporate the
provisions of tax increment financing under Section
17A-2-1247
if the taxable value of the project
area described in the redevelopment plan, when added to the total taxable value as shown on the last
equalized assessment roll certified by the county assessor for other redevelopment project areas of
the community for which an allocation of ad valorem taxes is provided, exceeds a figure at the time
of the adoption of the redevelopment plan after April 1, 1983, equal to 15% of the taxable value of
the locally assessed property of the community, unless the governing body of each local taxing agency
which levies taxes upon the property within the proposed redevelopment project area consents to the
redevelopment project area plan in writing.
(b) An agency may not obtain approval of a project area budget pursuant to Section
17A-2-1247.5
if the allocated incremental value of all existing project areas exceeds 10% of the total
taxable value of the community, or if the projected allocated incremental value of the project area as
described in the proposed project area budget, when added to the allocated incremental value of all
existing project areas, exceeds 12% of the total taxable value of the community unless the agency
obtains the majority consent of the taxing agency committee. The taxable value of the community
shall be the total taxable value for the community as shown on the last equalized assessment roles as
certified by the county assessor. The allocated incremental value shall be calculated as follows:
(i) for projects for which a preliminary plan has been prepared prior to April 1, 1993, and for
which all of the following have occurred prior to July 1, 1993: the agency blight study has been
completed, and a hearing under Section
17A-2-1221
has in good faith been commenced by the
agency, the allocated incremental value shall be the taxable value in excess of the adjusted base-year
taxable value in the tax increment collection area, multiplied by the applicable percentage of tax
- 33 -
increment to be paid to the agency pursuant to Subsection
17A-2-1247
(2)(f); and
(ii) for projects for which a preliminary plan has been prepared after April 1, 1993, and for
which any of the following have occurred after July 1, 1993: the completion of the agency blight
study, and the good faith commencement of the hearing by the agency under Section
17A-2-1221
,
the allocated incremental value shall be the taxable value in excess of the adjusted base value in the
tax increment collection area, multiplied by the applicable percentage of tax increment to be paid to
the agency in accordance with the approved and proposed project area budgets pursuant to
Subsections
17A-2-1247.5
(3), (4), and (5).
(c) "Tax increment collection area" means that area of a project area from which an agency
may receive an allocation of tax increment pursuant to a plan incorporating provisions of Section
17A-2-1247
or an approved or a proposed project area budget incorporating the provisions of
Section
17A-2-1247.5
.
(d) The consent of the taxing entities required by this section may be obtained by majority
consent of the taxing agency committee in accordance with Section
17A-2-1247.5
.
(2) If the county assessor fails to report the value of the locally assessed property within the
proposed redevelopment project area within 90 days after notice as provided in Section
17A-2-1222
,
the 15% limitation does not apply.
(3) A redevelopment plan adopted before April 1, 1983, incorporating the provisions of tax
increment financing under Section
17A-2-1247
may not be amended after April 1, 1983, to add area
containing additional taxable value unless the governing body of each local taxing agency that levies
taxes upon the property within the area proposed to be added consents in writing to a higher
percentage of taxable value if the additional taxable value, when added to the taxable value in the
project area as the taxable value existed immediately before the adoption of the amendment, would
exceed the limits established in this subsection for a redevelopment plan adopted after April 1, 1983.
(4) (a) A project area with a redevelopment plan adopted after April 1, 1983, incorporating
the provisions of tax increment financing under Sections
17A-2-1247
and
17A-2-1247.5
may not
exceed 100 acres of privately owned property unless the governing body of each local taxing agency
that levies taxes upon property within the proposed redevelopment project area consents in writing
- 34 -
to exceeding the limit of [100-acre] 100 acres of privately owned property in the redevelopment plan.
(b) A redevelopment plan adopted before April 1, 1983, may not be amended after April 1,
1983, to add any additional area if the project area exceeds 100 acres of privately owned property,
or the project area is less than 100 acres of privately owned property but would exceed 100 acres
of privately owned property with the additional area, unless the governing body of each local taxing
agency that levies taxes upon property within the area proposed to be added consents in writing to
the adding of the additional area to the project area.
(5) (a) For purposes of computing under Section
17A-2-1247
the amount to be allocated to
and when collected to be paid into a special fund of a redevelopment agency to pay the principal of
and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed, or
otherwise) incurred by the redevelopment agency after April 1, 1983, from a project area with a
redevelopment plan adopted before April 1, 1983, incorporating the provisions of Section
17A-2-1247
and containing more than 100 acres of privately owned property, the redevelopment
agency may be paid only that portion of that amount levied each year from 100 acres selected by the
redevelopment agency from the entire project area. The amount allocated to and when collected to
be paid into a special fund of a redevelopment agency under Subsections
17A-2-1247
(2)(c) and
(2)(e) from the 100 acres of privately owned property shall be that portion of the levied taxes each
year in excess of the amount from the 100 acres allocated to and when collected paid to the taxing
agencies under Subsection
17A-2-1247
(2)(a). The 100 acres of privately owned property shall be
contiguous.
(b) The 100-acre limit of privately owned property established in this Subsection (5) does not
apply to loans, moneys advanced to, or indebtedness, whether funded, refunded, assumed, or
otherwise, incurred by redevelopment agencies before April 1, 1983, in projects with redevelopment
plans adopted before April 1, 1983. The 100-acre limit of privately owned property does not apply
if the governing body of each local taxing agency which levies taxes upon the property within the
project area consents in writing to exceeding the 100-acre limit of privately owned property.
(c) Each agency shall establish by resolution adopted on or before August 1, 1983, which
areas in the project area shall be included in the 100 acres of privately owned property to be used for
- 35 -
the purposes of computing the amount of tax increment to be paid to the agency. The resolution shall
also contain a legal description of the areas included in the 100 acres. A copy of the resolution shall
be filed with the county auditor and the State Tax Commission within 30 days of adoption of the
resolution. After the resolution has been adopted no person, entity, or public body may contest the
regularity, formality, or legality of the establishment of the 100 acres or of the resolution for any
cause.
(6) Each project area with a redevelopment plan adopted before April 1, 1983, that exceeds
590 acres of privately owned property shall be reduced to 590 acres of privately owned property
unless the governing body of each local taxing agency that levies taxes upon property within the
project area consents in writing to the project area not being reduced. Each agency shall establish by
resolution adopted on or before August 1, 1983, which areas in the project area shall be included in
the 590 acres of privately owned property to be used for the purposes of reducing to the 590 acre
limit of privately owned property. The resolution shall also contain a legal description of the areas
included in the 590 acres of privately owned property. A copy of the resolution shall be filed with the
county auditor and the State Tax Commission within 30 days of adoption of the resolution. After the
resolution has been adopted no person, entity, or public body may contest the regularity, formality,
or legality of the reduction to the 590 acre limit of privately owned property or of the resolution for
any cause.
(7) A redevelopment plan adopted after April 1, 1983, and redevelopment projects for which
a preliminary plan has been prepared prior to April 1, 1993, and for which all of the following have
occurred prior to July 1, 1993: the agency blight study has been completed, and a hearing under
Section
17A-2-1221
has in good faith been commenced by the agency, shall contain:
(a) a time limit not to exceed seven years from the date of the approval of the plan after
which the agency may not commence acquisition of property through eminent domain;
(b) a time limit not to exceed 15 years from the date of the approval of the plan after which
no bonds may be issued for redevelopment projects; and
(c) a time limit not to exceed 32 years from the date of the approval of the plan after which
no tax increment from the project area may be allocated to or used by the agency.
- 36 -
(8) The time limits established in Subsections (5)(a), (b), and (c) shall apply to redevelopment
plans adopted before April 1, 1983, but shall be measured from April 1, 1983.
(9) Notwithstanding the provisions of Subsections (7) and (8) or of any corresponding
provisions of a redevelopment plan, an agency may issue bonds for the purpose of refunding bonds
previously issued for redevelopment projects (or to refund bonds issued for redevelopment projects)
without regard to the 15-year limit provided therein.
Section 25.
Section
17A-2-1302
is amended to read:
17A-2-1302. Definitions.
As used in this part:
(1) "County" means a county of this state and includes any such county regardless of the form
of government under which it is operating.
[(7)] (2) "Facility" or "facilities" means any structure, building, system, land, water right, and
other real and personal property required to provide any service authorized by Section
17A-2-1304
,
including, without limitation, all related and appurtenant easements and rights-of-way, improvements,
utilities, landscaping, sidewalks, roads, curbs and gutters, and equipment and furnishings.
(3) "Governing authority" means the board or body, however designated, in which the
general legislative powers of a county, municipality, or improvement district are vested and includes
the board of commissioners of a county or a city of the first or second class, the city council of a city
of the third class, the town council of a town, and the board of trustees of an improvement district.
[(6)] (4) "Guaranteed bonds" mean bonds the annual debt service on which is or will be
guaranteed by one or more taxpayers owning property within the boundaries of the service district.
[(2)] (5) "Improvement district" means an improvement district established under Chapter
2, Part 3.
[(4)] (6) "Municipality" means a city or town of this state.
[(5)] (7) "Service district" means a special service district established in the manner provided
by this part under Article XIV, Section 8 of the Constitution of Utah.
Section 26.
Section
17A-2-1411
is amended to read:
17A-2-1411. Quorum.
- 37 -
A majority of the directors shall constitute a quorum, and a concurrence of a majority of those
in attendance, in any matter, within their duties, shall be sufficient for its determination, except as
otherwise herein provided.
Section 27.
Section
17A-2-1425
is amended to read:
17A-2-1425. Board may sell or lease water to irrigation districts -- Levy and collection
of special assessments under class C.
To levy and collect special assessments upon lands under class C as herein provided, the board
shall make an allotment of water to each of the petitioning irrigation districts within the district in the
manner as hereinafter provided in such quantity as will in the judgment of the board, when added to
the present supply of water of such irrigation district, make an adequate supply of water for such
irrigation district, and shall fix and determine the rates per acre-foot or other unit of measurement,
the service, turnout, connection, distribution system charges or other charges and terms at and upon
which water shall be sold, leased or otherwise disposed of to such irrigation district; provided,
however, that such rates and charges shall be equitable although not necessarily equal or uniform for
like classes of services throughout the district. In the event any irrigation district shall desire to
purchase, lease, or otherwise obtain the beneficial use of waters of the district, the board of such
irrigation district shall by resolution authorize and direct its president and secretary to petition the
board for an allotment of water, upon terms prescribed by the board, which petition shall contain,
inter alia, the following:
(1) Name of irrigation district.
(2) Quantity of water to be purchased or otherwise acquired.
(3) Price per acre-foot or other unit of measurement and the amount of any service,
connection, distribution system charge or other charges to be paid.
(4) Whether payments are to be made in cash or annual installments.
(5) Agreement by such irrigation district to make payments for the beneficial use of such
water, together with annual maintenance and operating charges, and to be bound by the provision of
this part and the rules and regulations of the board.
The secretary of the board shall cause notice of the filing of such petition to be given and
- 38 -
published, which notice shall state the filing of such petition and giving notice to all persons interested
to appear at the office of the board at a time named in said notice and show cause in writing, if any
they have, why the petition should not be granted. The board at the time and place mentioned in said
notice, or at such time or times at which the hearing of said petition may be adjourned, shall proceed
to hear the petition and objections thereto, presented, in writing, by any person showing cause as
aforesaid why said petition should not be granted. The failure of any person interested to show cause
in writing, as aforesaid, shall be deemed and taken as an assent on his part to the granting of said
petition. The board may, at its discretion, accept or reject the said petition, but if it deems it for the
best interest of the district that the said petition shall be granted, shall enter an order to that effect
granting the said petition, and from and after such order, the irrigation district, and/or persons therein
shall be deemed to have purchased, leased, or otherwise acquired the beneficial use of water as set
forth in said order. If said petition is granted, the board shall, in each year, determine the amount of
money necessary to be raised by special assessment on lands within such irrigation district and shall
determine whether such special assessment shall be levied by the district or by the irrigation district.
If the board determines that such assessments shall be levied by the district, it shall certify to the
county auditor of the county in which the lands of such irrigation district are located the amount of
the assessment, plus a fair proportionate amount of the estimated operating and maintenance charges
for the next succeeding year on each tract of land on or before the 1st day of July of each year, and
such county auditor shall extend the amount of such special assessment, plus said operating and
maintenance charges on the tax roll as a special assessment against the lands on which said special
assessment is made. If the board determines that such assessments shall be levied by the irrigation
district, the district shall make a contract with the irrigation district which shall provide among other
things for the annual payment to the district of an amount to be obtained from the levy by the
irrigation district of annual assessments in accordance with the irrigation district law. If a subdistrict
or subdistricts are organized as herein provided, assessments of special benefits shall be made, spread
on the tax rolls, and collected in the same manner as herein provided in the case of irrigation districts.
Section 28.
Section
17A-2-1437
is amended to read:
17A-2-1437. Change of boundaries -- Petitions for and against inclusion within district
- 39 -
-- Hearing -- Petition protesting inclusion -- Hearing -- Appeal -- Annexation -- Hearings --
Objections -- Order of inclusion -- Findings and decrees -- Appeal.
(1) The boundaries of any district organized under this part may be changed as provided by
this section, but the change of boundaries of the district shall not impair or affect:
(a) its organization;
(b) its rights in or to property;
(c) any of its other rights or privileges; or
(d) any contract, obligation, lien, or charge for or upon which it might be liable or chargeable
had the change of boundaries not been made.
(2) (a) (i) The owners of lands which are either contiguous or noncontiguous to the district
and to each other may file a written petition with the board requesting that their lands be included in
the district. The petition shall contain:
(A) a description of the tracts or body of land sought to be included; and
(B) the signatures, acknowledged in the same form as conveyances of real estate, of the
owners of the lands.
(ii) A petition filed in this form will be considered to give assent of the petitioners to the
inclusion within the district of the lands described in the petition.
(b) The board shall, within 90 days after the filing of the petition, set and convene a hearing
to consider the petition and all objections.
(c) The secretary of the board shall cause notice of the filing of the petition to be given and
published in the county in which the lands are situated. This notice shall state:
(i) the names of petitioners;
(ii) a description of lands mentioned;
(iii) the request of the petitioners; and
(iv) that all persons interested must appear at the office of the board at the time named in the
notice and state in writing why the petition should not be granted.
(d) The board shall, at the appropriate time, proceed to hear the petition and review the
written objections to the petition. The failure of any person to show cause, in writing, shall be
- 40 -
considered to be his assent to the inclusion of these lands within the district.
(e) If any of the lands proposed for inclusion in the district are located within a municipality,
the petitioners shall, before the date of the hearing set by the board, obtain from the municipality's
governing body its written consent to the inclusion of the land located within the municipality.
(f) (i) If any of the lands proposed for inclusion in the district are located within a
municipality's proposed municipal expansion area established by the municipality's annexation policy
declaration adopted under Title 10, Chapter 2, Part 4, [Extension of Corporate Limits - Local
Boundary Commissions] Annexation, the petitioners shall, before the date of the hearing set by the
board, obtain from that municipality's governing body its written consent to the inclusion of the land
located within the area proposed for municipal expansion.
(ii) Subsection (2)(f)(i) does not apply if the land proposed for inclusion in the district is
located within the proposed municipal expansion area of more than one municipality in a county of
the first class.
(g) If any of the lands proposed for inclusion in the district are located within a county not
previously containing any part of the district, the petitioners shall, before the date of the hearing set
by the board, obtain from the county's legislative body its written consent to the inclusion of the land
located within that county.
(h) If any of the lands proposed for inclusion in the district are located within the
unincorporated portion of a county, the petitioners shall, before the date of the hearing set by the
board, obtain from the county's legislative body its written consent to the inclusion of that land.
(i) If the petition is granted, the board shall make an order to that effect and file the petition
with the clerk of the court and upon order of the court the lands shall be included in the district.
(3) (a) In addition to the method provided in Subsection (2), additional areas may be included
in a district by petition as described in this subsection. A written petition may be filed to include:
(i) irrigated lands;
(ii) nonirrigated lands;
(iii) land in towns and cities;
(iv) other lands; or
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(v) any combination of lands under this subsection. These lands may be contiguous or
noncontiguous to the district and to each other.
(b) The petition must:
(i) be filed in the district court of the county in which the petition for organization of the
original district was filed;
(ii) include the signatures, acknowledged in the same form as conveyances of real estate, of
not fewer than 20% or 500, whichever is the lesser, of the owners of irrigated lands in the area, but
outside the corporate limits of a city or town;
(iii) include the signatures, acknowledged in the same form as conveyances of real estate, of
not fewer than 5% or 100, whichever is the lesser, of the owners of nonirrigated lands and lands
within the incorporated limits of a city or town, which are within the area specified in the petition;
(iv) list a description of each tract of land owned by the signer opposite the name of the
signer, with an indication that each tract, together with its improvements, has a taxable value of not
less than $300; and
(v) set forth:
(A) a general description of the territory in the area sought to be included in the district;
(B) the name of the district in which it is sought to be included;
(C) the terms and conditions upon which inclusion is sought;
(D) a statement that the property sought to be included will be benefited by the
accomplishment of the purposes for which the original district was formed; and
(E) a request for inclusion of the area in the district.
(c) No petition with the requisite signatures shall be declared null and void because of alleged
defects, but the court may permit the petition to be amended to conform to the facts by correcting
any errors. However, similar petitions or duplicate copies of the petition for the inclusion of the same
area may be filed and shall together be regarded as one petition. All petitions filed prior to the hearing
on the first petition shall be considered by the court the same as though filed with the first petition.
In determining whether the requisite number of landowners has signed the petition, the names as they
appear upon the tax roll shall be prima facie evidence of their ownership.
- 42 -
(d) At the time of filing the petition or at any time before, and prior to the time of hearing on
the petition, a bond shall be filed, with security approved by the court sufficient to pay all expenses
connected with the proceedings in the case. If at any time during the proceeding the court determines
that the first bond is insufficient, the court may require that an additional bond be obtained within ten
days following the court's request. If the petitioner fails to obtain a bond, the petition shall be
dismissed.
(e) Immediately after the filing of the petition, the district court of the county where the
petition is filed shall fix a place and time between 60 and 90 days after the petition is filed for a
hearing. The clerk of the court shall then publish notice of the pendency of the petition and of the time
and place of hearing. The clerk of the court shall also mail a copy of the notice by registered mail to:
(i) the board of directors of the district;
(ii) the county legislative body of each of the counties with land within the area proposed to
be included in the district; and
(iii) the governing body of each of the cities or towns having territory within the area
proposed to be included within the district.
(f) If any of the lands proposed for inclusion in the district are located within a municipality,
the petitioners shall, before the date of the hearing set by the district court, obtain from the
municipality's governing body its written consent to the inclusion of the land located within the
municipality.
(g) (i) If any of the lands proposed for inclusion in the district are located within a
municipality's proposed municipal expansion area established by the municipality's annexation policy
declaration adopted under Title 10, Chapter 2, Part 4, [Extension of Corporate Limits - Local
Boundary Commissions] Annexation, the petitioners shall, before the date of the hearing set by the
board, obtain from that municipality's governing body its written consent to the inclusion of the land
located within the area proposed for municipal expansion.
(ii) Subsection (3)(g)(i) does not apply if the land proposed for inclusion in the district is
located within the proposed municipal expansion area of more than one municipality in a county of
the first class.
- 43 -
(h) If any of the lands proposed for inclusion in the district are located within a county not
previously containing any part of the district, the petitioners shall, before the date of the hearing set
by the district court, obtain from the county's legislative body its written consent to the inclusion of
the land located within that county.
(i) If any of the lands proposed for inclusion in the district are located within the
unincorporated portion of a county, the petitioners shall, before the date of the hearing set by the
district court, obtain from the county's legislative body its written consent to the inclusion of that
land.
(j) After the filing of a petition for inclusion of an additional area and at least 30 days prior
to the time fixed by the court for the hearing on the petition, a petition protesting the inclusion of the
lands within the district may be filed in the clerk's office of the court where the proceeding for
inclusion is pending. The protest petition must contain:
(i) the signatures, acknowledged in the same form as conveyances of real estate, of at least:
(A) 35% of the owners of irrigated lands in the area sought to be included, but not within the
incorporated limits of a city or town; and
(B) 20% of the owners of nonirrigated lands and lands within the incorporated limits of a city
or town within the area proposed to be included within the district; and
(ii) a description of each tract of land opposite the name of the signer, with an indication that
each tract, together with its improvements, has an assessed value of at least $300.
(k) A landowner may protest if he:
(i) did not sign the petition for inclusion; and
(ii) owns land, including improvements thereon, which had a taxable value of at least $300
as shown by the last preceding assessment.
(l) If a petitioner signs the petition both as owner of irrigated and nonirrigated land, his name
counts only as an owner of irrigated lands.
(m) On the day set for the hearing on the original petition, if it appears to the court that the
protesting petition does not meet the requirements of Subsection (3)(j), the court shall dismiss the
protesting petition and proceed with the original hearing as provided in this section. If the court finds
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from the evidence that the protesting petition does qualify, the court shall dismiss the original petition
for inclusion. The finding of the court upon the question of valuation, the genuineness of the
signatures, and all matters of law and fact incident to this determination shall be final and conclusive
on all parties in interest whether appearing or not, unless within 30 days from entry of the order of
dismissal an appeal is taken to the Supreme Court.
(n) (i) Any owner of real property in the proposed area who did not individually sign a
petition for the inclusion, but who desires to object to the inclusion, may, on or before ten days prior
to the date set for the cause to be heard, file an objection to the inclusion. This objection shall be
heard by the court as an advanced case without unnecessary delay.
(ii) An owner of irrigated lands may file a petition asking to have his irrigated lands excluded
from the inclusion pursuant to the requirements of Subsection (3)(n)(i). This petition shall be heard
by the district court on the date set for the hearing of the petition for inclusion of the area and the
district court shall exclude these irrigated lands from the area proposed for inclusion within the
district.
(o) If it appears at the hearing that a petition for the inclusion has been signed and presented
as provided in Subsections (a) and (b), that each written consent required by Subsections (3)(f),
(g),(h), and (i) has been obtained, that the allegations of the petition are true, and that no protesting
petition has been filed, or if filed has been dismissed as provided in Subsection (3)(m), the court shall:
(i) adjudicate all questions of jurisdiction;
(ii) find that the property described in the petition will, if included, be benefited by the
accomplishment of the purposes for which the original district was formed;
(iii) declare the area included in the district;
(iv) declare whether the area is annexed to an existing division, or constitutes a separate
division; and
(v) declare whether the area can be properly represented by existing directors or whether the
number of directors shall be increased to provide for representation of the area annexed. However,
prior to the entry of its decree including such area within the district, the court shall obtain the
verified consent of the board of directors of the district to the inclusion of such area.
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(p) If the court finds that the petition for inclusion has not been signed and presented
pursuant to this section, that any written consent required by Subsections (3)(f), (g), (h), and (i) has
not been obtained, or that the material facts are not as set forth in the petition filed, it shall dismiss
the proceedings and adjudge the costs against the signers of the petition in such proportion as it
considers just and equitable. An appeal to the Supreme Court shall lie from an order dismissing the
proceeding. Nothing in this part shall be construed to prevent the filing of a subsequent petition or
petitions for similar purposes, and the right to renew such proceeding is expressly granted.
(4) (a) If lands are annexed into a public corporation which corporation is already part of the
district described in this part and these annexed lands are not located within the district's boundaries,
the board may make a finding that these lands are not part of the district, and that these lands are or
may be benefited from the service provided by the district. Upon making this finding, the board shall
set a time and place for a public hearing to hear objections as to why these lands should not be
annexed and included within the district. The secretary of the board shall cause notice of the time and
place of the hearing to consider the inclusion of the lands within the district to be given and published
in the county in which the lands are situated. The notice shall:
(i) state a general description of the lands;
(ii) state that the lands are being considered for inclusion within the district; and
(iii) give notice to all interested persons to appear at the time and place named in the notice
and show cause, in writing, as to why the lands should not be included within the district. The
secretary shall mail a copy of the notice by registered mail to the governing body of the public
corporation and to the landowners.
(b) Before the date set for the hearing, the board shall obtain the written consent of the public
corporation's governing body to the inclusion of the lands into the district.
(c) The board shall, at the time and place named in the notice or at any time at which the
hearing may be adjourned, proceed to hear all objections to the inclusion of the lands within the
district. The failure of any interested person to appear or show cause, in writing, shall be taken as an
assent on his part to the inclusion of the lands within the district. If, after hearing all objections to the
inclusion of the land within the district, the board has obtained the consent of the public corporation's
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governing body as required in Subsection (4)(b) and determines that the lands will be benefited by
inclusion within the district, the board shall make an order to that effect. Upon filing the order with
the clerk of the court and upon order of the court, the lands shall be included in the district.
(d) A finding by the board that the lands will not be benefited by inclusion within the district
shall not preclude the board at any subsequent date from finding that changed conditions or
circumstances now benefit the lands. After making this finding the board may renew the proceedings
for inclusion of these lands in whole or in part and find that the lands will be benefited by inclusion
in the district and make an order to that effect. Upon filing the order with the clerk of the court and
upon order of the court, the lands shall be included in the district.
(e) If the board finds that any portion of land to be annexed into the district is presently
receiving water from another public water system, the board shall exclude that portion of land from
the land to be annexed into the district.
(5) Upon the entry of the decree, the clerk of the court shall transmit to the Division of
Corporations and Commercial Code and the county recorder in each of the counties having lands in
the area, copies of the findings and decrees of the court. The findings and decrees shall be filed with
the Division of Corporations and Commercial Code pursuant to the general laws concerning
corporations. Copies shall also be filed in the office of the county recorder in each county in which
the district is located where they will become permanent records. The recorder in each county shall
receive the fee designated by the county legislative body for filing and preservation. The Office of
the Lieutenant Governor shall receive fees as may be provided by law for like services in similar cases.
(6) If an order is entered establishing the inclusion of the area into the district, such order
shall be final unless within 30 days an appeal is taken to the Supreme Court. The entry of a final order
shall conclusively establish the inclusion of the area against all persons, except that the state may
attack the order in an action in the nature of a writ of quo warranto, commenced by the attorney
general within three months after the decree declaring the area included. The inclusion of the area
shall not be directly or collaterally questioned in any suit, action, or proceeding, except as expressly
authorized.
(7) Any area included in a district pursuant to this part shall be subject to taxes and
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assessments levied for the payment of indebtedness of the district which was outstanding at the time
of the entry of the order for inclusion, and for the payment of indebtedness thereafter incurred as if
the area were a part of the district as originally established.
(8) The boundaries of any subdistrict may be changed in the manner provided in this part for
the change of the boundaries of districts.
Section 29.
Section
17A-2-1444
is amended to read:
17A-2-1444. Hearings to be advanced.
All cases in which there may arise a question of the validity of the organization of a water
conservancy district[,] or a question of the validity of any proceeding under this part, the question
shall be advanced as a matter of immediate public interest and concern, and heard at the earliest
practicable moment. The courts shall be open at all times for the purposes of this part.
Section 30.
Section
17A-2-1512
is amended to read:
17A-2-1512. Expense reimbursement.
A commissioner is entitled to the necessary expenses, including traveling expenses, incurred
in the discharge of official duties.
Section 31.
Section
17A-2-1704
is amended to read:
17A-2-1704. Creation of authority -- Members.
(1) (a) The authority comprises ten members. If the requirements of Section
17A-2-1703
are
met, the governor shall, with the advice and consent of the Senate, appoint six members of the
authority from the public-at-large.
(b) The remaining four members of the authority are:
(i) the executive director of the Department of Environmental Quality;
(ii) the executive director of the Department of Community and Economic Development;
(iii) the executive director of the Department of Natural Resources; and
(iv) the executive director of the Department of Transportation.
(2) Public-at-large members, no more than three of whom shall be from the same political
party, shall be appointed to six-year terms of office, subject to removal by the governor with or
without cause.
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(3) The governor shall name one public-at-large member as chairman of the authority
responsible for the call and conduct of authority meetings.
(4) The authority may elect other officers as necessary.
(5) Five members of the authority present at a properly noticed meeting constitute a quorum
for the transaction of official authority business.
(6) Public-at-large members are entitled to per diem and expenses[,] for each day devoted
to authority business at the rates established by the director of the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
Section 32.
Section
17A-2-1709
is amended to read:
17A-2-1709. Security for obligations -- Provisions of security instruments.
(1) The principal and interest on any obligation issued pursuant to this part shall be secured
by:
(a) a pledge and assignment of the proceeds earned by the facility built and acquired with the
proceeds of the obligations;
(b) a mortgage or trust deed on the facility built and acquired with the proceeds from the
obligations; and
(c) such other security on the facility as is deemed most advantageous by the authority.
(2) Obligations authorized for issuance under this part and any mortgage or other security
given to secure such obligations may contain any provisions customarily contained in security
instruments, including, but not limited to:
(a) the fixing and collection of fees from the facility;
(b) the maintenance of insurance on the facility;
(c) the creation and maintenance of special funds to receive revenues earned by the facility;
and
(d) the rights and remedies available to obligation holders in the event of default.
(3) All mortgages, trust deeds, security agreements, or trust indentures on a facility shall
provide, in the event of foreclosure, that no deficiency judgment may be entered against the authority,
the state, or any of the state's political subdivisions.
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(4) Any mortgage or other security instrument securing such obligations may provide that
in the event of a default in the payment of principal or interest or in the performance of any
agreement, that payment or performance may be enforced by the appointment of a receiver with
power to charge and collect fees and to apply the revenues from the facility in accordance with the
provisions of the security instrument.
(5) Any mortgage or other security instrument made pursuant to this part may also provide
that in the event of default in payment or breach of a condition, that the mortgage may be foreclosed
or otherwise satisfied in any manner permitted by law, and that the trustee under the mortgage or the
holder of any obligation secured by such mortgage may, if the highest bidder, purchase the security
at foreclosure sale.
Section 33.
Section
17A-2-1803
is amended to read:
17A-2-1803. Area -- Procedures -- Appeals.
(1) A regional service area may consist of:
(a) all or part of any county; and
(b) areas that are not contiguous.
(2) (a) Only one regional service area may be located in a county.
(b) (i) A county service area may not reorganize as a regional service area on or after May
4, 1998.
(ii) No regional service area may be created on or after May 4, 1998.
(3) The adoption of this part does not affect the existence, operation, or establishment of any
county service area operating under Title 17A, Chapter 2, Part 4, County Service Areas.
(4) After it is reorganized, the county service area shall be a regional service area subject to
this part containing all of the territory of the county service area, and not subject to Chapter 2, Part
4.
(5) (a) Beginning on the effective date of the resolution reorganizing the county service area
as a regional service area, the regional service area is reorganized with all the rights, privileges, [and]
powers, and limitations under this part.
(b) (i) Any outstanding bonds, notes, contracts, or other obligations of any former county
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service area shall be the bonds, notes, contracts, and obligations of the new regional service area
which is taking its place with like effect as if issued or entered into by the regional service area.
(ii) Any election authorizing the issuance of bonds of the former county service area shall have
the same effect as a bond election held under this part.
(c) Taxes at the most recent rate levied by the former county service area may continue to
be levied by the regional service area.
(d) All assets of the former county service area, including both real and personal property,
shall be the property of the regional service area with the same effect as if originally constructed,
purchased, leased, or otherwise acquired by the regional service area and the contracts of the former
county service area shall be the contracts of the regional service area.
(e) The employees, officers, and agents of the former county service area shall be the
employees, officers, and agents of the regional service area and all employee benefits, including
pension plans shall carry forward to the regional service area.
(f) Until amended, the bylaws, rules, regulations, policies, and procedures of the former
county service area shall be the bylaws, rules, regulations, policies, and procedures of the regional
service area.
(6) The conversion of a county service area to a regional service area may not impair or affect
any existing contract, obligation, lien, charge, or bond for or upon which the county service area
might be liable or chargeable had the conversion not taken place.
(7) (a) Any aggrieved person may appeal the decision of the governing authority of the
county service area to reorganize the county service area as a regional service area to the district
court in the county where the regional service area is located.
(b) If that appeal is not filed within 30 days after the effective date of the resolution
reorganizing the county service area as a regional service area, the reorganization shall be final and
conclusive.
(c) In the appeal, the district court shall affirm the reorganization unless the person
challenging the reorganization establishes by clear and convincing evidence that:
(i) the county service area did not qualify to reorganize as a regional service area under the
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criteria specified in this section; or
(ii) the board of trustees of the county service area substantially failed to follow the
procedural requirements of this section in reorganizing the county service area as a regional service
area.
Section 34.
Section
17A-2-1805
is amended to read:
17A-2-1805. Body corporate -- Authority.
(1) Beginning on the effective date of the resolution reorganizing a county service area as a
regional service area, the regional service area shall be a body corporate and politic and a quasi-
municipal public corporation.
(2) The regional service area, acting through its board of trustees, shall, without in any way
limiting the powers granted to regional service areas by the provisions of this part, have the following
authority:
(a) The right to sue and be sued.
(b) The power to enter into contracts to carry out the functions of the regional service area,
including the power to enter into contracts with the United States of America and any of its agencies,
municipal corporations, counties, or other public corporations, county service areas or districts, or
any other political subdivision of the state, including any entity created under [the] Title 11, Chapter
13, Interlocal Cooperation Act, (and any county, municipal or other public corporation, or political
subdivision shall have the power to enter into contracts with regional service areas organized under
this part).
(c) The regional service area, the county, and any municipality lying in whole or in part within
the boundaries of the regional service area, are encouraged to coordinate and cooperate with one
another regarding such matters as traffic control and planning and zoning approvals in the vicinity of
facilities owned or operated by the regional service area, signs approaching or on property owned or
operated by the regional service area, approvals for mass gatherings for special events, and security
and crowd control at facilities owned or operated by the regional service area. This coordination and
cooperation may take the form of one or more interlocal cooperation agreements. Any bond
obligations of a legal or administrative entity created under the Utah Interlocal Cooperation Act with
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which a regional service area may contract as provided in this section may not be counted as an
obligation of the regional service area for purposes of this part.
(d) The power to impose and collect charges or fees for any commodities, services, or
facilities afforded by the regional service area to its customers and to pledge all or any part of the
revenues so derived to the payment of any bonds of the regional service area, whether the bonds are
issued as revenue bonds or as general obligations of the regional service area. Where revenue bonds
are issued payable solely from the revenues of commodities, services, and facilities, the fees and
charges imposed shall always be sufficient to carry out the provisions of the resolution authorizing
the bonds. The board of trustees may act and adopt the regulations necessary to assure the collection
and enforcement of all fees and charges imposed. Any of the commodities, services, and facilities
furnished to a consumer by the regional service area may be suspended if any fees and charges due
the regional service area are not paid in full when due. Higher fees may be charged for services
provided to participants who reside outside the boundaries of the regional service area.
(e) The power to sell, lease, mortgage, encumber, or otherwise dispose of any properties
owned by the regional service area under the terms and conditions approved by the board of trustees.
(f) The power to own any property or property interests approved by the board of trustees
to carry out the purposes of the regional service area and the power to acquire the same by purchase,
lease, gift, devise, bequest, or any other lawful means.
(g) The power to exercise all powers of eminent domain possessed by counties in the manner
provided by law for the exercise of eminent domain power by counties.
(h) The right to employ officers, employees, consultants, and agents, including attorneys,
accountants, engineers, and fiscal agents, and to fix their compensation.
(i) The power to cause to be levied taxes on all taxable property in the regional service area
as provided in this part.
(j) The right to set meeting times.
(k) The right to adopt an official seal.
(l) The right to adopt bylaws and regulations for the conduct of its business.
(m) The right to operate under a trade name or an assumed name.
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(n) The right to establish a fiscal year, beginning either on January 1 or July 1.
(o) Other rights and powers as are reasonably necessary for the efficient operation of the
regional service area or to undertake any lawful activity, including all the rights, powers, and
authority of the former county service area, and the authority to provide all the services and facilities
that were provided by the former county service area.
Section 35.
Section
17A-3-209
is amended to read:
17A-3-209. Payment of contracts -- Progress payments -- Retainage.
(1) (a) Any contract for work in any special improvement district and any contract for the
purchase or exchange of property necessary to be acquired in order to make improvements in any
special improvement district may provide that the contract price or property price shall be paid, or,
at the option of the governing entity, may be paid, in whole or in part, by the issuance of special
improvement bonds issued against the funds created by assessments levied to pay the costs and
expenses of improvements in the special improvement district or by interim warrants issued as
authorized by this part at the time the special improvement bonds or interim warrants, as the case may
be, may be legally issued and delivered. If any contract is not paid from these sources in whole or
in part, or if paid in part, to the extent not so paid from these sources, the governing entity shall be
responsible for advancing funds for payment of the contract price or property price from the general
funds of the governing entity or from other funds legally available for this purpose as provided in the
contract.
(b) From the proceeds of the sale of interim warrants or special improvement bonds, or from
funds paid on assessments not pledged for the payment of the bonds or warrants, the governing entity
may reimburse itself for the amount paid from its general funds or other funds, except that the
governing entity may not reimburse itself for any of the costs of making the improvements properly
chargeable to the governing entity for which assessments may not be levied.
(2) Any contract for work in a special improvement district may provide for payments to the
contractor as the work progresses. If the contract so provides, payments may be made from time to
time [to the extent of] for an amount not to exceed 95% of the value of the work done to the date
of payment, as determined by estimates of the project engineer, with final payment to be made only
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after completion of the work by the contractor and acceptance of the work by the governing entity.
If moneys payable to the contractor as the work progresses are retained, they shall be retained or
withheld and released as provided in Section
13-8-5
.
Section 36.
Section
17A-3-210
is amended to read:
17A-3-210. Interim warrants.
(1) (a) As work proceeds in a special improvement district, the governing body may issue
interim warrants against the district:
(i) for an amount not to exceed 90% [in] of the value of the work previously done, upon
estimates of the project engineer;
(ii) after completion of the work and acceptance of the work by the project engineer and by