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H.B. 221
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REVISOR'S STATUTE
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Susan J. Koehn
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AN ACT RELATING TO STATE AFFAIRS; MAKING TECHNICAL AMENDMENTS; AND
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REPEALING CERTAIN OUTDATED SECTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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9-2-1610, as enacted by Chapter 236, Laws of Utah 1996
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10-2-115, as enacted by Chapter 389, Laws of Utah 1997
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10-2-416, as repealed and reenacted by Chapter 389, Laws of Utah 1997
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10-3-106, as last amended by Chapter 17, Laws of Utah 1999
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13-30-106, as last amended by Chapter 124, Laws of Utah 1999
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17A-1-301, as last amended by Chapter 30, Laws of Utah 1992
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17A-1-437, as last amended by Chapter 285, Laws of Utah 1992
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17A-2-215, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-219, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-331, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-422, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-534, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-535, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-544, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-553, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-605, as last amended by Chapter 146, Laws of Utah 1994
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17A-2-812, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-818, as last amended by Chapters 199 and 299, Laws of Utah 1995
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17A-2-824, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1023, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1024, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1030, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1202, as last amended by Chapter 320, Laws of Utah 1995
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17A-2-1210, as last amended by Chapter 50, Laws of Utah 1993
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17A-2-1302, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1411, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1425, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1437, as last amended by Chapter 152, Laws of Utah 1996
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17A-2-1444, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1512, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1704, as last amended by Chapter 212, Laws of Utah 1993
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17A-2-1709, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1803, as last amended by Chapter 19, Laws of Utah 1998
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17A-2-1805, as enacted by Chapter 216, Laws of Utah 1995
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17A-3-209, as last amended by Chapter 365, Laws of Utah 1999
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17A-3-210, as last amended by Chapter 30, Laws of Utah 1992
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17A-3-303, as last amended by Chapter 47, Laws of Utah 1991
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17A-3-412, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-3-701, as last amended by Chapter 106, Laws of Utah 1999
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17B-2-201, as enacted by Chapter 368, Laws of Utah 1998
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19-6-703, as enacted by Chapter 283, Laws of Utah 1993
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26-8a-402, as enacted by Chapter 141, Laws of Utah 1999
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26-8a-502, as enacted by Chapter 141, Laws of Utah 1999
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26-18-2, as last amended by Chapter 61, Laws of Utah 1999
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26-18-3.7, as last amended by Chapter 209, Laws of Utah 1997
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26-21-2, as last amended by Chapters 13 and 192, Laws of Utah 1998
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26-40-102, as enacted by Chapter 360, Laws of Utah 1998
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26-44-101, as enacted by Chapter 344, Laws of Utah 1999
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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
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30-3-38, as last amended by Chapters 235 and 329, Laws of Utah 1997
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31A-5-103, as enacted by Chapter 242, Laws of Utah 1985
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31A-16-103, as last amended by Chapter 131, Laws of Utah 1999
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31A-22-302, as last amended by Chapter 132, Laws of Utah 1992
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31A-22-604, as last amended by Chapter 102, Laws of Utah 1995
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31A-23-102, as last amended by Chapter 131, Laws of Utah 1999
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31A-23-503, as last amended by Chapter 9, Laws of Utah 1996, Second Special Session
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31A-23-601, as last amended by Chapter 9, Laws of Utah 1996, Second Special Session
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31A-25-205, as enacted by Chapter 242, Laws of Utah 1985
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32A-1-105, as last amended by Chapter 141, Laws of Utah 1998
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32A-1-113, as last amended by Chapter 169, Laws of Utah 1997
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32A-1-117, as renumbered and amended by Chapter 23, Laws of Utah 1990
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32A-1-118, as renumbered and amended by Chapter 23, Laws of Utah 1990
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32A-1-121, as renumbered and amended by Chapter 23, Laws of Utah 1990
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32A-1-504, as enacted by Chapter 20, Laws of Utah 1993
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32A-3-102, as last amended by Chapter 132, Laws of Utah 1991
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32A-4-102, as last amended by Chapter 132, Laws of Utah 1991
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32A-4-106, as last amended by Chapter 127, Laws of Utah 1998
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32A-4-202, as last amended by Chapter 132, Laws of Utah 1991
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32A-4-206, as last amended by Chapter 127, Laws of Utah 1998
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32A-5-102, as last amended by Chapter 132, Laws of Utah 1991
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32A-5-107, as last amended by Chapter 127, Laws of Utah 1998
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32A-7-102, as last amended by Chapter 132, Laws of Utah 1991
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32A-8-102, as last amended by Chapter 132, Laws of Utah 1991
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32A-8-106, as last amended by Chapters 77 and 88, Laws of Utah 1994
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32A-8-502, as enacted by Chapter 20, Laws of Utah 1993
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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
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32A-9-106, as last amended by Chapter 270, Laws of Utah 1998
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32A-10-202, as last amended by Chapter 282, Laws of Utah 1998
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32A-10-206, as last amended by Chapter 127, Laws of Utah 1998
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32A-11-102, as last amended by Chapter 282, Laws of Utah 1998
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32A-11-106, as last amended by Chapter 88, Laws of Utah 1994
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32A-11a-102, as enacted by Chapter 328, Laws of Utah 1998
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32A-12-303, as last amended by Chapter 132, Laws of Utah 1991
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32A-12-304, as last amended by Chapter 132, Laws of Utah 1991
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32A-12-305, as last amended by Chapter 132, Laws of Utah 1991
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32A-12-306, as renumbered and amended by Chapter 23, Laws of Utah 1990
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32A-12-307, as last amended by Chapter 20, Laws of Utah 1993
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32A-12-308, as last amended by Chapter 132, Laws of Utah 1991
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32A-12-310, as enacted by Chapter 132, Laws of Utah 1991
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32A-13-109, as renumbered and amended by Chapter 23, Laws of Utah 1990
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53-10-102, as renumbered and amended by Chapter 263, Laws of Utah 1998
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53-10-304, as renumbered and amended by Chapter 263, Laws of Utah 1998
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53-10-305, as renumbered and amended by Chapter 263, Laws of Utah 1998
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53A-15-205, as enacted by Chapter 246, Laws of Utah 1994
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58-37c-19, as enacted by Chapter 100, Laws of Utah 1998
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58-37c-20, as enacted by Chapter 100, Laws of Utah 1998
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58-56-3, as last amended by Chapter 42, Laws of Utah 1999
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58-59-303, as repealed and reenacted by Chapter 247, Laws of Utah 1994
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58-67-102, as last amended by Chapter 4, Laws of Utah 1999
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58-68-102, as last amended by Chapter 4, Laws of Utah 1999
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59-2-601, as last amended by Chapter 264, Laws of Utah 1998
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62A-7-109, as last amended by Chapter 10, Laws of Utah 1999
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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
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63-55-209, as last amended by Chapters 21, 76 and 156, Laws of Utah 1999
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63-55-254, as last amended by Chapter 189, Laws of Utah 1999
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63-55-262, as last amended by Chapters 15 and 134, Laws of Utah 1997
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63-55-263, as last amended by Chapters 13, 122 and 270, Laws of Utah 1998
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63-55b-163, as renumbered and amended by Chapter 21, Laws of Utah 1999
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63-75-7, as last amended by Chapter 136, Laws of Utah 1996
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63A-9-801, as renumbered and amended by Chapter 252 and last amended by Chapter 375,
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Laws of Utah 1997
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63C-8-101, as enacted by Chapter 202, Laws of Utah 1997
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76-8-508, as last amended by Chapter 175, Laws of Utah 1988
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76-9-704, as last amended by Chapter 51, Laws of Utah 1999
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76-10-105.1, as last amended by Chapter 412, Laws of Utah 1998
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76-10-803, as last amended by Chapter 141, Laws of Utah 1992
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76-10-1305, as last amended by Chapter 79, Laws of Utah 1996
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76-10-1902, as last amended by Chapter 97, Laws of Utah 1999
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77-19-11, as last amended by Chapter 113, Laws of Utah 1996
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77-20-8.5, as last amended by Chapter 257, Laws of Utah 1998
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77-32-401, as enacted by Chapter 354, Laws of Utah 1997
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77-37-3, as last amended by Chapter 40, Laws of Utah 1993
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78-3a-905, as last amended by Chapter 260, Laws of Utah 1999
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78-3c-4, as last amended by Chapter 30, Laws of Utah 1992
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78-3g-102, as last amended by Chapter 68, Laws of Utah 1998
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REPEALS:
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26-8-15, as last amended by Chapter 241, Laws of Utah 1991
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78-32-12.3, as enacted by Chapter 152, Laws of Utah 1993
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
9-2-1610
is amended to read:
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9-2-1610. Recycling market development zones credit.
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For a taxpayer within a recycling market development zone, there are allowed the credits
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against tax as provided by Sections [
59-7-608
]
59-7-610
and
59-10-108.7
.
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Section 2.
Section
10-2-115
is amended to read:
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10-2-115. Notice of number of commission or council members to be elected and of
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district boundaries -- Declaration of candidacy for city office.
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(1) (a) Within 20 days of the county legislative body's receipt of the information under
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Subsection
10-2-114
(1)(d), the county clerk shall publish in a newspaper of general circulation
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within the future city a notice containing:
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(i) the number of commission or council members to be elected for the new city;
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(ii) if some or all of the commission or council members are to be elected by district, a
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description of the boundaries of those districts as designated by the petition sponsors under
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Subsection
10-2-114
(1)(b);
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(iii) information about the deadline for filing a declaration of candidacy for those seeking
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to become candidates for mayor or city commission or council; and
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(iv) information about the length of the initial term of each of the city officers, as
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determined by the petition sponsors under Subsection
10-2-114
(1)(c).
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(b) The notice under Subsection (1)(a) shall be published at least once a week for two
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successive weeks.
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(c) (i) If there is no newspaper of general circulation within the future city, the county clerk
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shall post at least one notice per 1,000 population in conspicuous places within the future city that
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are most likely to give notice to the residents of the future city.
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(ii) The notice under Subsection (1)(c)(i) shall contain the information required under
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Subsection (1)(a).
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(iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least seven
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days before the deadline for filing a declaration of candidacy under Subsection (2).
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(2) Notwithstanding Subsection [
20A-2-203
]
20A-9-203
(2)(a), each person seeking to
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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
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candidacy with the clerk of the county in which the future city is located.
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Section 3.
Section
10-2-416
is amended to read:
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10-2-416. Commission decision -- Written decision -- Limitation.
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(1) Subject to Subsection (3), after the public hearing under Subsection
10-2-415
(1) the
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commission may:
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(a) approve the proposed annexation, either with or without conditions;
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(b) make minor modifications to the proposed annexation and approve it, either with or
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without conditions; or
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(c) disapprove the proposed annexation.
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(2) The commission shall issue a written decision on the proposed annexation within 20
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days of the conclusion of the hearing under Subsection
10-2-415
(1) and send a copy of the decision
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to:
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(a) the legislative body of the county in which the area proposed for annexation is located;
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(b) the legislative body of the proposed annexing municipality;
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(c) the contact person on the annexation petition;
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(d) each entity that filed a protest; and
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(e) if a protest was filed under Subsection
10-2-407
(1)[(d)](a)(iv), the contact person.
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(3) The commission may not approve a proposed annexation unless the results of the
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feasibility study under Section
10-2-413
show that the average annual amount under Subsection
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10-2-413
(3)(a)(ix) does not exceed the average annual amount under Subsection
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10-2-413
(3)(a)(viii) by more than 5%.
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Section 4.
Section
10-3-106
is amended to read:
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10-3-106. Governing body in towns.
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The governing body of each town that has not adopted an optional form of government
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under Part 12, Alternative Forms of Municipal Government Act, shall be a council of five persons
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one of whom shall be the mayor and the remaining four shall be [councilmen] council members.
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Section 5.
Section
13-30-106
is amended to read:
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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
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conducting the personal introduction service the person has on file with the division a good and
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sufficient bond, certificate of deposit, or letter of credit.
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(b) If a personal introduction service business obtains and maintains a bond, the bond shall
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be a performance bond issued by a surety authorized to transact surety business in this state.
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(2) The bond, certificate of deposit, or letter of credit shall be for an amount prescribed by
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rule, payable to the division.
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(3) (a) The bond, certificate of deposit, or letter of credit shall provide that the person
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giving it shall, upon written demand, remit to the division the amount necessary:
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(i) as reimbursement for both administrative and civil violations of this chapter; and
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(ii) in satisfaction of any civil [and or] judgments, criminal judgments, or both, rendered
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by a court of competent jurisdiction for violations of this chapter.
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(b) Notwithstanding Subsection (3)(a), recovery from a bond, certificate of deposit, or
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letter of credit is limited to the amount of the bond, certificate of deposit, or letter of credit.
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(4) The division may:
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(a) specify the form of the bond, certificate of deposit, or letter of credit; and
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(b) require that the bond, certificate of deposit, or letter of credit contain additional
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provisions and conditions that the division considers necessary or proper to protect the persons for
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whom the collection is undertaken.
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(5) (a) A bond, certificate of deposit, or letter of credit required under this section shall be
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for the term of one year from the date of issuance and shall run concurrently with the registration.
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(b) The applicant shall maintain the bond, certificate of deposit, or letter of credit for the
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entire duration of the registration and for a period of not less than one year after the division
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receives notice in writing from the person engaged in the business of a personal introduction
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service that all activities have ceased.
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(c) An action on a bond, certificate of deposit, or letter of credit may not be initiated more
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than two years from the date the bond, certificate of deposit, or letter of credit expires.
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Section 6.
Section
17A-1-301
is amended to read:
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17A-1-301. Exemptions.
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This part does not apply to:
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(1) public transit districts established under authority of Title 17A, Chapter 2, Part 10,
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Utah Public Transit District Act;
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(2) water conservancy districts established under Title 17A, Chapter 2, Part 14, Water
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Conservancy Districts;
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(3) soil conservation districts created under the authority of Title 17A, Chapter 3, Part 8,
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Soil Conservation Districts;
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(4) neighborhood redevelopment agencies established under authority of Title 17A,
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Chapter 2, Part 12, Utah Neighborhood Development Act;
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(5) metropolitan water districts established under authority of Title 17A, Chapter 2, Part
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8, Metropolitan Water District Act;
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(6) any dependent special district established under the authority of Title 17A, Chapter 3,
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Dependent Special Districts; and
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(7) a hazardous waste facilities [Management Authorities] authority established under
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authority of [Title 17A,] Chapter 2, Part 17, Hazardous Waste Facilities Management Act.
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Section 7.
Section
17A-1-437
is amended to read:
244
17A-1-437. District treasurer -- Duties generally.
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(1) (a) The governing body of the district shall appoint a district treasurer.
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(b) (i) Where required, the treasurer may be chosen from among the members of the
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governing board, except that the chairman of the board may not be district treasurer.
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(ii) The district clerk may not also be the district treasurer.
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(2) The district treasurer is custodian of all money, bonds, or other securities of the district.
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(3) The district treasurer shall:
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(a) determine the cash requirements of the district and provide for the deposit and
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investment of all monies by following the procedures and requirements of Title 51, Chapter 7,
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State Money Management Act;
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(b) receive all public funds and money payable to the district within three business days
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after collection, including all taxes, licenses, fines, and intergovernmental revenue;
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(c) keep an accurate detailed account of all monies received under Subsection [(2)] (3)(b)
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in the manner provided in this part and as directed by the governing body of the district by
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resolution; and
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(d) collect all special taxes and assessments as provided by law and ordinance.
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Section 8.
Section
17A-2-215
is amended to read:
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17A-2-215. Board of cemetery maintenance commissioners -- Organization --
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Vacancies -- Officers -- Certified copies of appointments -- Regular and special meetings --
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Bills payable -- Oath of office and bond.
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Immediately after qualifying, the board of cemetery maintenance commissioners shall meet
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and organize as a board and, at that time, and whenever thereafter vacancies in the respective
266
offices may occur, they shall elect a president from their number and shall appoint a secretary and
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treasurer who may also be from their number all of whom shall hold office during the pleasure of
268
the board or for terms fixed by the board. The offices of secretary and treasurer may be filled by
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the same person. Certified copies of all such appointments under the hand of each of the
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commissioners shall be forthwith filed with the clerk of the county legislative body and with the
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tax collector of the county.
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As soon as practicable after the organization of the first board of cemetery maintenance
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commissioners and thereafter when deemed expedient or necessary such board shall designate a
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day and hour on which regular meetings shall be held and a place for the holding thereof which
275
shall be within the district. Regular meetings must show what bills are submitted, considered,
276
allowed or rejected. The secretary shall make a list of all bills presented, showing to whom
277
payable, for what service or material, when and where used, amount claimed, allowed or
278
disallowed. Such list shall be signed by the chairman and attested by the secretary; provided, that
279
all special meetings must be ordered by the president or a majority of the board, the order must be
280
entered of record, and the secretary must give each member not joining in the order[,] five days
281
notice of special meetings; provided further, that whenever all members of the board are present
282
the same shall be deemed a legal meeting and any lawful business may be transacted. All meetings
283
of the board must be public and a majority shall constitute a quorum for the transaction of
284
business. All records shall be open to the inspection of any elector during business hours.
285
The officers of the district shall take and file with the secretary an oath for the faithful
286
performance of the duties of the respective officers. The treasurer shall on his appointment execute
287
and file with the secretary an official bond in such an amount as may be fixed by the cemetery
288
maintenance board which amount shall be at least sufficient to cover the probable amounts of
289
money coming into his hands and 25% thereof in addition thereto.
290
Section 9.
Section
17A-2-219
is amended to read:
291
17A-2-219. Acquisition and possession of property -- Legal title -- Actions by and
292
against board.
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The legal title to all property acquired under the provisions of this part shall immediately,
294
and by operation of law, vest in such cemetery maintenance district and shall be held by such
295
district in trust for and is dedicated and set aside to the uses and purposes set forth in this part.
296
Said board is authorized and empowered to hold, use, acquire, manage, occupy and possess said
297
property as herein provided and to institute and maintain any and all actions and proceedings, suits
298
at law or in equity or to enforce, maintain, protect or preserve any and all rights, privileges and
299
immunities created by this part or acquired in pursuance thereof. In all courts, actions, suits or
300
proceedings, the said board may sue, appear and defend, in person or by attorney and in the manner
301
of such cemetery maintenance district.
302
Section 10.
Section
17A-2-331
is amended to read:
303
17A-2-331. Annexation of areas.
304
[Area] An area outside of any improvement district created under or operating under
305
provisions of Chapter 2, Part 3, County Improvement Districts for Water, Sewerage, Flood
306
Control, Electric and Gas, may be annexed to any such improvement district in the manner herein
307
provided.
308
Section 11.
Section
17A-2-422
is amended to read:
309
17A-2-422. Proposal to incur indebtedness -- Resolution -- Notice -- Hearing --
310
Calling of bond election -- Written protests.
311
(1) (a) A proposal to incur indebtedness which would cause the total county debt to exceed
312
the county taxes for the current year or which would not be payable within one year, as the case
313
may be, may be originated by a majority vote of the board of trustees or by petition of not less than
314
100 property owners or 10% of all the property owners, whichever is less, who own property
315
within the county service area or by petition of not less than 10% of all the qualified voters residing
316
in the county service area.
317
(b) The proposal shall specify the particular purpose for which the indebtedness is to be
318
created, the amount in money of bonds which it is proposed to issue and the name and number of
319
the county service area.
320
(2) After the proposal has been made, the board of trustees, as expeditiously as possible,
321
shall adopt a resolution fixing a time and place at which the proposal shall be heard, which time
322
shall be not less than 30 nor more than 60 days after the date of adoption of the resolution.
323
(3) (a) The board of trustees shall immediately issue a notice of the time and place of
324
hearing, which notice shall state that all persons who own property in the service area when the
325
debt is payable solely from within the county service area or all persons residing in the county
326
when the debt is countywide may appear at the hearing and contend for or protest against the
327
incurrence of the debt and the holding of a bond election.
328
(b) If the service area has issued bonds, the notice shall include a statement of the amount
329
of outstanding bonds of the service area and shall indicate whether the bonds are general
330
obligations of the county or are payable solely from within the county service area.
331
(4) (a) The board of trustees shall cause the notice to be published once a week during four
332
consecutive weeks in a newspaper of general circulation in the county, the first publication to be
333
not more than 60 days nor less than 28 days prior to the date of the hearing.
334
(b) It is not necessary that the notice be published on the same day of the week in each of
335
four calendar weeks, but not less than 20 days shall intervene between the first publication and the
336
last publication.
337
(5) At the time and place set for the hearing of the petition, or upon a subsequent date fixed
338
at the original hearing the board of trustees shall proceed to hear the proposal and all matters in
339
respect to a bond election.
340
(6) If, upon the hearing of the proposal, the board of trustees finds that due notice has been
341
given and that the services under discussion would be for the benefit of all taxable property or the
342
real property owners situated in the service area, then the board shall make and cause to be entered
343
of record upon its minutes an order so finding, and shall proceed to call the bond election and, if
344
a majority of those voting, vote in the affirmative, to issue the bonds in the manner provided.
345
(7) The board may reduce the amount in money of the bonds named in the petition.
346
(8) (a) If written protests are filed prior to the date fixed for the original hearing, signed
347
by property owners owning taxable property in the service area with a taxable value in excess of
348
40% of the taxable value of all the taxable property within the service area, according to the last
349
assessment roll for county taxes completed prior to the holding of the election or by 40% of all the
350
qualified voters residing in the county service area or by 40% of all the qualified voters residing
351
in the county, the board does not have authority to proceed with the calling of the election, and no
352
new petition for a bond election in the service area may be entertained for a period of 12 months
353
from that time.
354
(b) If written protests are filed and the board of trustees determines that the protests so
355
filed represent less than the 40% required, a resolution or finding in writing of the board calling
356
the election shall so recite and the recital shall be conclusive.
357
(9) The provisions of this section and of Section
17A-2-407
with regard to publication of
358
notice in a newspaper may be carried out concurrently.
359
Section 12.
Section
17A-2-534
is amended to read:
360
17A-2-534. Public uses -- Right of entry on lands -- Penalty for interference.
361
(1) The use of any canal, ditch, or the like, created under the provisions of this part, shall
362
be deemed a public use and for a public benefit.
363
(2) The supervisors or their representatives from the time of their appointment may go
364
upon the lands lying within [said] the district for the purpose of examining the same, and making
365
surveys, and after the organization of [said] the district and payment or tender of compensation
366
allowed, may go upon [said] those lands with their servants, teams, tools, instruments, or other
367
equipment, for the purpose of constructing such proposed work, and may forever thereafter enter
368
upon [said] those lands, as aforesaid, for the purpose of maintaining or repairing such proposed
369
work, doing no more damage than the necessity of the occasion may require[, any].
370
(3) Any person or persons who shall willfully prevent or prohibit any of such persons from
371
entering such lands for the purpose aforesaid shall be deemed guilty of a misdemeanor and upon
372
conviction be fined any sum not exceeding $25 per day for each day's hindrance, which sum shall
373
be paid into the county treasury for the use of [said] the district.
374
Section 13.
Section
17A-2-535
is amended to read:
375
17A-2-535. Validation of organization proceedings -- Notice of proposed corrections,
376
amendments or changes in assessment of benefits -- Hearing by county legislative body of
377
report of board of supervisors -- Board of equalization -- Increase of drainage benefits and
378
taxes -- Lien.
379
Whenever it shall appear to the board of supervisors that any proceedings for the
380
organization of a drainage district have not been strictly in compliance with law, or if any lands
381
within the district have been erroneously assessed for benefits or taxes, or inequitably assessed for
382
benefits or taxes, or that any assessment of damages or benefits under this part has been made in
383
error as to description, ownership, or acreage intended to be assessed, or if it shall appear to such
384
board of supervisors that the assessment of benefits has been inequitably distributed among the
385
various parcels of land, or unjustly equalized as between the various parcels of land within the
386
district, or that any tract of land, easement or interest in land, public[,] or private road, railroad or
387
railroad right-of-way, has been included in, or omitted from, any assessment roll of benefits or
388
taxes by reason of clerical error or otherwise, or that proper notice or notices as required by law
389
has not or have not been given, such noncompliance, error, omission or want of notice shall not
390
invalidate such organization, neither shall any such assessments of benefits or taxes be lost to the
391
district in case of any omission, nor shall the board of supervisors and the county legislative body
392
be held to have lost jurisdiction to correct such error or omission, or to readjust such assessments
393
of benefits or to redistribute such assessment of benefits upon the various parcels of land and
394
interest in lands within such district, and to justly equalize the same as between various parcels of
395
land and interest in lands within the district, but the board of supervisors of such district may report
396
any such conditions and recommend such corrections and changes as such board of supervisors
397
may deem necessary to remedy the same; and upon receiving such report and recommendation the
398
said county legislative body may make such corrections, amendments or changes in the assessment
399
rolls of benefits and taxes, or correct any error, omission, mistake, inequality or want of sufficient
400
notice, as may be just; provided, that when any correction, amendment or change is sought to be
401
made, notice of such proposed correction, amendment or change in the assessment of benefits and
402
taxes shall be given to all persons affected thereby, in the following manner:
403
The board of supervisors of the drainage district shall file with the clerk of the county
404
legislative body of the county wherein the drainage district is located, a verified report containing
405
the proposed corrections, amendments, and/or changes in the assessments of benefits and taxes
406
with their recommendation with respect thereto, to the county legislative body. The county
407
legislative body shall, at its first meeting thereafter, fix a time and place for a hearing on said report
408
and shall cause a notice of the hearing thereon to be published three times if in a daily newspaper,
409
twice if in a semiweekly newspaper and once if in a weekly newspaper, not less than 15 days
410
before said hearing, and when the residence or post-office address of any landowner, whose
411
assessment of benefits or taxes is to be corrected, amended or changed is known the clerk of the
412
county legislative body shall cause a copy of the notice to be sent by United States mail to such
413
landowner, not less than 15 days before the time fixed for the hearing on the report. The notice
414
shall state generally the purpose of the hearing and the time and place where the county legislative
415
body shall meet as a board of equalization to hear and determine any complaint made against such
416
report, corrections, amendments and changes in the assessment roll of benefits and taxes.
417
The county legislative body at the time and place fixed in the notice shall sit as a board of
418
equalization and it shall make and finally determine such corrections, amendments and changes
419
in the roll of assessment of benefits and taxes, as it shall determine after such hearing, and
420
thereafter all such lands, easements or interest in lands shall be assessed in accordance with the
421
assessment roll as thus corrected, amended, or changed; and such changed assessment roll of
422
benefits and taxes shall be the basis of lien upon the parcels of land or interest in land, as corrected,
423
amended or changed, for all district indebtedness. Whenever it shall be made to appear to the board
424
of supervisors of the drainage district that any owner or operator of any land within the drainage
425
district has so changed the use of such land so as to increase the benefits received by such land by
426
reason of the construction, maintenance, and operation of the drainage system, the board of
427
supervisors of the drainage district shall view each tract of such land and shall carefully consider
428
the increased benefits such tract of land is receiving from the construction, maintenance and
429
operation of the drainage system and shall assess such tract of land in accordance with the
430
increased benefits received by it. After such assessment is made, the secretary of the board of
431
supervisors shall transmit the same to the county legislative body and the county legislative body
432
shall within 15 days after receipt thereof, cause not less than 15 days notice to be sent by mail to
433
each landowner in the district whose benefits have thus been increased, showing the amount of the
434
benefits as thus increased on the land owned by the landowner within the district; and stating
435
therein the time and place where the county legislative body shall meet as a board of equalization
436
to hear and determine complaints made against such increased assessments. At such hearing any
437
landowner upon whose lands the benefits are thus increased may appear and oppose such increase
438
or any part thereof. The county legislative body shall sit as a board of equalization of the increased
439
drainage benefits and taxes, and shall equalize and determine the assessment of benefits and taxes
440
to be made and levied upon such tract of land within the district. Such increased assessment of
441
benefits shall be the basis of a lien upon such lands within the district for all district indebtedness
442
and taxes.
443
Section 14.
Section
17A-2-544
is amended to read:
444
17A-2-544. Bonds -- Lien on land and improvements.
445
Whenever any such drainage district bonds shall be issued, or contract with the United
446
States made, in accordance with the provisions of this part, such bonds or contract[,] shall
447
constitute a lien upon all of the lands and improvements thereon within the boundaries of the
448
district, to the extent of the total benefits, assessed and equalized, and pledged for such purpose,
449
and not in excess thereof, and the board of supervisors of said district shall from time to time, as
450
by this part provided, levy a sufficient tax to pay the annual interest charge on such bonds, and in
451
addition thereto, such an amount as a sinking fund which shall, in the course of events and
452
ultimately, amount to a sufficient sum to redeem said bonds, or in case of contract with the United
453
States, shall levy a sufficient tax to meet all payments due, or to become due thereunder, and in
454
addition thereto, a sufficient tax to pay the interest or penalties on any delinquent payment or
455
payments, as provided in said contract or as required by the statutes of the United States.
456
Section 15.
Section
17A-2-553
is amended to read:
457
17A-2-553. Taxes considered lien -- Sale of property -- Time of redemption -- Notice
458
-- Penalty -- Record.
459
All drainage taxes levied and assessed under the provisions of this title shall attach to and
460
become a lien on the real property assessed from and after the second Monday in March. Drainage
461
taxes shall become due and delinquent at the same time, and shall be collected by the same officers
462
and in the same manner and at the same time as state and county taxes, and when collected shall
463
be paid to the treasurer of the board of supervisors. The revenue laws of this state for the
464
assessment, levying, and collecting of taxes on real estate for county purposes, except as herein
465
modified, shall be applicable for the purposes of this part, including the enforcement of penalties
466
and forfeiture for delinquent taxes; provided, that lands sold for delinquent district taxes shall be
467
sold separately for such tax and a separate certificate of sale shall issue therefor, and provided
468
further that the period of redemption from sale for taxes under this part[,] shall be four years. At
469
the same time and in the same manner as the county treasurer publishes the delinquent tax list for
470
state and county taxes in each year, the county treasurer must publish a delinquent drainage tax list,
471
which must contain the names of the owners, when known and a description of the property
472
delinquent or subject to lien of drainage district taxes with the amount of taxes due exclusive of
473
penalty. The county treasurer must publish with such list a notice, each year, that unless the
474
delinquent drainage taxes, together with the penalty, are paid before the date for tax sales for state
475
and county taxes the real property upon which such taxes are a lien will be sold for taxes, penalty
476
and costs, beginning on said date, at the front door of the county courthouse. The delinquent list
477
shall be published three times if in a daily newspaper, twice if in a semiweekly and once if in a
478
weekly newspaper. On the date for tax sales for state and county taxes each year, the county
479
treasurer shall expose for sale, between the hours of ten a.m. and three p.m. sufficient of all
480
delinquent real estate to pay the drainage district taxes, penalty and costs for which such real estate
481
is liable, at public auction, at the front door of the county courthouse, and sell the same to the
482
highest responsible bidder for cash, and the county treasurer shall continue to sell from day to day
483
between such hours until the property of all delinquents is exhausted or the taxes, penalty and costs
484
are paid. In offering such real estate for sale the treasurer shall offer the entire tract assessed, and
485
the first bid received in an amount sufficient to pay the taxes and costs shall be accepted unless a
486
further bid in the same amount for less than the entire tract shall be received; and the highest and
487
best bid shall be construed to mean the bid of that bidder who will pay the full amount of the taxes
488
and costs for the smallest undivided portion of said real estate. After receiving a bid for the full
489
amount of the taxes and costs it shall not be the duty of the treasurer to attempt to secure a higher
490
bid, but he shall accept it if made. The treasurer shall make a record of all sales of real property
491
in a book to be kept by him for that purpose therein describing the several parcels of real property
492
on which the taxes and costs were paid by the purchasers, in the same order as the published list
493
of delinquent sales contained in the list of advertisements on file in his office. Separate columns
494
shall also be provided in said record in which the treasurer shall enter the description of any tract
495
sold that is less than the entire tract on which the taxes are due, the date of sale, to whom sold, the
496
penalty, and costs, and the date of redemption. The purchaser shall be required to pay the penalty
497
to the county treasurer, which penalty shall in all cases accrue to the benefit of the drainage district.
498
When all sales have been made the county treasurer shall file the record in his office, in looseleaf
499
bound form. It shall be the duty of the county treasurer to issue a receipt to any person paying
500
drainage district taxes on an undivided interest in real estate, showing the interest on which taxes
501
are paid, and in case any portion of the drainage district taxes on such real estate remains unpaid,
502
it shall be the duty of the treasurer to sell only such undivided interest in said real estate as belongs
503
to the co-owners who have not paid their portion of the taxes. In absence or default of purchaser
504
at any such public sale of drainage district taxes, the drainage district in which taxes are delinquent
505
shall become the purchaser and shall receive from the county treasurer the tax sale certificate of
506
the real property on which drainage district taxes are delinquent upon the same terms upon which
507
the county receives tax sales certificates on sales for delinquent state and county taxes and shall
508
hold the same in the same manner as an individual may hold real property upon which state or
509
county taxes are delinquent, subject to the same rights of redemption. In all respects, a drainage
510
district shall be the beneficiary of taxes assessed and levied by it, provided, however, that county
511
treasurer shall retain the costs and expense provided by law for the advertisement, sale and
512
redemption of drainage district taxes.
513
Section 16.
Section
17A-2-605
is amended to read:
514
17A-2-605. Organization of proposed district -- Adoption of ordinance -- Election
515
-- Qualification of voters.
516
After the county legislative body has made its order finally fixing and determining the
517
boundaries of the proposed district, the district can be created by either (1) the county legislative
518
body adopting an ordinance creating the [said] district, which ordinance shall give the name
519
thereof, the county in which it is located and a description of the proposed area and boundaries of
520
the district. The [said] district shall become legally existent, provided no appeal is taken [as set
521
forth in Section
17A-2-607
], 30 days from the date of first publication of the ordinance creating
522
the [said] fire district or (2) the county legislative body shall give notice of an election to be held
523
within the proposed district for the purpose of determining whether or not the same shall be
524
organized under the provisions of this part. Such notice shall give the name of the proposed fire
525
protection district, describe the boundaries thereof, name the precinct or precincts therein with a
526
description of the boundaries of each, together with a designation of the polling places. The notice
527
shall be published, previous to the time of such election, in the same manner as provided in Section
528
17A-2-603
[above]. Such notice shall require the electors to cast ballots which shall contain the
529
words " ____ fire protection district, yes," or "____ fire protection district, no" or words equivalent
530
thereto. Qualified electors, under the general laws of the state, living within such district shall be
531
entitled to vote on the question of whether the district shall or shall not be created.
532
Section 17.
Section
17A-2-812
is amended to read:
533
17A-2-812. Ballot.
534
The ballot used at such election shall contain the words "Shall the territory embraced within
535
the corporate boundaries of the city of .......... become a part of the .......... metropolitan water
536
district" (inserting the name of the city or water district as the case may be wherein such ballot
537
shall be used and the name of the metropolitan water district as stated in the initiating ordinance)
538
and the words "Yes" and "No" accompanied by voting squares set opposite thereto so that any
539
elector may record [his] a vote either for or against the [propositions] proposition.
540
Section 18.
Section
17A-2-818
is amended to read:
541
17A-2-818. Powers of incorporated districts -- Preferential right of city to purchase
542
water.
543
(1) (a) Any district incorporated as provided in this part may:
544
(i) have perpetual succession;
545
(ii) sue and be sued in all actions and proceedings and in all courts and tribunals of
546
competent jurisdiction;
547
(iii) adopt a corporate seal and alter it;
548
(iv) take by grant, purchase, bequest, devise, or lease, and hold, enjoy, lease, sell,
549
encumber, alienate, or otherwise dispose of, water, waterworks, water rights, and sources of water
550
supply, and any real and personal property of any kind within or without the district and within and
551
without Utah necessary or convenient to the full exercise of its powers;
552
(v) acquire, construct, or operate, control, and use works, facilities, and means necessary
553
or convenient to the exercise of its powers, both within and without the district and within and
554
without Utah; and
555
(vi) perform any and all things necessary or convenient to the full exercise of the powers
556
granted under this section.
557
(b) (i) Any district incorporated as provided in this part may have and exercise the power
558
of eminent domain and, in the manner provided by law for the condemnation of private property
559
for public use, take any property necessary to the exercise of the powers granted under this section.
560
(ii) In any proceeding relative to the exercise of the power of eminent domain, the district
561
has the same rights, powers, and privileges as a municipal corporation.
562
(2) (a) Any district incorporated as provided in this part may:
563
(i) construct and maintain works and establish and maintain facilities across or along any
564
public street or highway and in, upon, or over any vacant public lands, that are now, or may
565
become, the property of the state, other than those lands defined in Subsection
53C-1-103
(6); and
566
(ii) construct works and establish and maintain facilities across any stream of water or
567
watercourse if the district promptly restores the street or highway to its former state of usefulness
568
as nearly as may be and does not use the street or highway in a manner that completely or
569
unnecessarily impairs the usefulness of it.
570
(b) (i) In the use of streets, the district is subject to the reasonable rules and regulations
571
concerning excavations and the refilling of excavations, the relaying of pavements and the
572
protection of the public during periods of construction of the county or municipality in which the
573
streets are located.
574
(ii) The county or municipality may not require the district to pay any license or permit
575
fees, or file any bonds.
576
(iii) The county or municipality may require the district to pay reasonable inspection fees.
577
(3) (a) Any district incorporated as provided in this part may borrow money, incur
578
indebtedness, and issue bonds and other obligations.
579
(b) A district may not issue bonds that pledge the full faith and credit of the district for
580
payment if those bonds, in the aggregate, exceed 10% of the fair market value, as defined under
581
Section
59-2-102
, of the taxable property in the district as computed from the last equalized
582
assessment roll for county purposes before the issuance of the bonds.
583
(c) For purposes of Subsection (3), the district shall include the fair market value of all tax
584
equivalent property, as defined under Section
59-3-102
, as a part of the fair market value of taxable
585
property in the district.
586
(4) Contracts and agreements with the United States of America, and with any water users'
587
association or any other public, cooperative, or private entity from which the district procures
588
water, and bonds payable solely from revenues of the district other than from the proceeds of ad
589
valorem taxes, are not within the limitation established by this Subsection (4).
590
(5) (a) Any district incorporated as provided in this part may fix and determine the funds
591
required for district purposes of every nature and apportion and charge the same against the area
592
of each city within the district by following the procedures and requirements of this Subsection (5).
593
(b) As to the costs of all water, water rights, reservoirs, canals, conduits, and other works
594
for which the district as a whole receives the benefit, and because of which the district is indebted
595
or because of which the district has made payment without any previous apportionment and charge
596
having been made, and the charges made against the district because of its ownership of stock in
597
any water users' association, in the same proportion as the water and water rights set apart or
598
allotted to each area bear to the total water and water rights owned or held by the district.
599
(c) As to that portion of these funds required for operation, maintenance, and the cost of
600
construction of distributing systems, the district shall equitably apportion these costs and determine
601
and base them on the benefits and the relative cost of service provided by the district to each
602
respective area.
603
(6) (a) Any district incorporated as provided in this part may:
604
(i) levy and collect taxes for the purposes of carrying on the operations and paying the
605
obligations of the district; and
606
(ii) in any year, levy a tax sufficient to cover in full any deficit that may have resulted from
607
tax delinquencies for any preceding year.
608
(b) (i) Taxes levied under this subsection for administering the district and maintaining
609
and operating its properties may not exceed .0005 per dollar of taxable value of taxable property
610
in the district.
611
(ii) Taxes levied to pay principal of and interest on the bonds of the district, to pay
612
indebtedness and interest owed to the United States of America, or to pay assessments or other
613
amounts due any water users' association or other public cooperative[,] or private entity from
614
which the district procures water are not subject to the limitation established by this Subsection
615
[(5)] (6)(b).
616
(c) (i) The district shall:
617
(A) levy taxes for the payment of principal of and interest on the bonds of the district as
618
separate and special levies for that specific purpose; and
619
(B) apply the proceeds from them solely to the payment of this principal and interest.
620
(ii) As separate and special levies, these levies are not subject to any priorities in favor of
621
obligations of the district in existence at the time the bonds were issued.
622
(d) (i) The district may not levy any of the taxes authorized by this Subsection (6) unless
623
it has conducted, at its regular place of business, a public hearing on the purposes and necessities
624
of the taxation.
625
(ii) The board of directors of the district shall publish notice of the public hearing at least
626
seven days prior to the hearing in a newspaper of general circulation published in the county or
627
counties in which the district is located.
628
(e) Any district incorporated as provided in this part may:
629
(i) enter into contracts, employ and retain personal services, and employ laborers;
630
(ii) create, establish, and maintain and elect, appoint, and employ necessary and
631
convenient:
632
(A) officers, attorneys, and agents convenient for the transaction of the business of the
633
district;
634
(B) officers and positions as necessary; and
635
(C) employees.
636
(7) (a) Any district incorporated as provided in this part may:
637
(i) join with one or more other corporations, public or private, for the purpose of carrying
638
out any of its powers;
639
(ii) contract with any other corporation or corporations for the purposes of financing
640
acquisitions, constructions, and operations;
641
(iii) in the contract, obligate itself severally or jointly with the other corporations; and
642
(iv) secure, guarantee, or become surety for the payment of any indebtedness, or the
643
performance of any contract or other obligation that may be, or has been, incurred or entered into
644
by any corporation in which the district has acquired shares of stock by subscription or otherwise.
645
(b) The contracts may provide for:
646
(i) contributions to be made by each party to them;
647
(ii) the division and apportionment of the expenses of the acquisitions and operations;
648
(iii) the division and apportionment of the benefits, the services, and the products from
649
them; and
650
(iv) an agency to effect the acquisitions and carry on these operations.
651
(c) The contracts shall provide the powers and the methods of procedure for the agency
652
the method by which the agency may contract.
653
(d) The contract may contain further covenants and agreements as necessary and
654
convenient to accomplish its purposes.
655
(8) Any district incorporated as provided in this part may:
656
(a) acquire water and water rights within or without Utah;
657
(b) develop, store, and transport water;
658
(c) subscribe for, purchase, and acquire stock in canal companies, water companies, and
659
water users' associations;
660
(d) provide, sell, lease, and deliver water within or outside of the district for municipal and
661
domestic purposes, irrigation, power, milling, manufacturing, mining, and metallurgical and any
662
and all other beneficial uses;
663
(e) fix the rates;
664
(f) acquire, construct, operate, and maintain any works, facilities, improvements, and
665
property that are necessary or convenient; and
666
(g) in the doing of all of these things:
667
(i) obligate itself jointly with other persons and corporations, public and private; and
668
(ii) execute and perform these obligations according to their tenor.
669
(9) (a) Any district incorporated as provided in this part may invest any surplus money in
670
the district treasury, including any money in any sinking fund established for the purpose of
671
providing for the payment of the principal or interest of any bonded contract or other indebtedness
672
or for any other purpose, not required for immediate necessities of the district, by following the
673
procedures and requirements of Title 51, Chapter 7, State Money Management Act.
674
(b) The district shall ensure that the sales of any bonds or treasury notes purchased and
675
held are made in season so that the proceeds may be applied to the purposes for which the money,
676
with which the bonds or treasury notes were originally purchased, was placed in the treasury of the
677
district.
678
(c) The treasurer and controller, with the approval of the attorney, shall perform the
679
functions and duties authorized by this subsection under rules adopted by the board of directors
680
of the district.
681
(10) Each city, the area of which is a part or all of any district incorporated under this part,
682
has a preferential right to purchase from the district, at rates determined by the board of directors
683
of the district, for distribution by the city, or any public utility empowered by the city for the
684
purpose, for domestic, municipal, and other beneficial uses within the city, a portion of the water
685
served by the district which shall bear the same ratio to all of the water supply of the district as the
686
total accumulation of amounts levied as taxes by the district against the property of the city which
687
is within the area of the district shall bear to the total of all taxes levied by the district against the
688
property in all of the cities in the areas of which are within the area of the district.
689
Section 19.
Section
17A-2-824
is amended to read:
690
17A-2-824. Revenue indebtedness or general obligation indebtedness -- Procedure
691
for incurring -- Terms.
692
(1) Any district which has determined to issue bonds shall issue its bonds under Title 11,
693
Chapter 14, the Utah Municipal Bond Act, for the acquisition through construction, purchase, or
694
otherwise and for the improvement or extension of any properties necessary or desirable in the
695
obtaining, treatment, and distribution of water and any other properties which the district is
696
authorized to own under this part. Bonds may be issued or a contract indebtedness or obligation
697
may be created (a) payable solely from the revenues of the district other than the proceeds of taxes,
698
in which case they shall be known for purposes of this section as "revenue indebtedness", or (b)
699
payable solely from the proceeds of taxes, in which case they shall be known for purposes of this
700
section as "general obligation indebtedness", or (c) payable from both operating revenues and the
701
proceeds of taxes, in which case they shall be known for purposes of this section as "general
702
obligation revenue indebtedness." The full faith and credit of the district shall be pledged to the
703
payment of its general obligation and general obligation revenue indebtedness, and taxes shall be
704
levied fully sufficient to pay that part of the principal of and interest on general obligation revenue
705
indebtedness as the revenues of the district pledged for this purpose may not be sufficient to meet.
706
General obligation indebtedness and general obligation revenue indebtedness may be issued only
707
after approval at an election as provided in Section
17A-2-821
. Revenue indebtedness may be
708
similarly submitted at an election as provided in Section
17A-2-821
if considered desirable by the
709
board of directors, but nothing in this part shall be construed to require such submission.
710
Refunding bonds may be issued without approval at an election.
711
(2) Revenue indebtedness and general obligation revenue indebtedness may be payable
712
from and secured by the pledge of all or any specified part of the revenues to be derived by the
713
district from its water supply and the operation of its water facilities and other properties. It is the
714
duty of the board of directors to impose for water and water services rendered thereby, rates fully
715
sufficient to carry out all undertakings contained in the resolution authorizing the bonds or the
716
contract. The board of directors may in the resolution agree to pay the expenses of maintaining
717
and operating the properties of the district from the proceeds of the ad valorem taxes authorized
718
in Subsection
17A-2-818
[(1)(i)](6) and may enter into those covenants with the future holders of
719
the bonds or the other contracting party as to the management and operation of the properties, the
720
imposition and collection of fees and charges for water and services furnished thereby, the
721
disposition of the fees and revenues, the issuance of future bonds or the creation of future contract
722
indebtedness or obligations and the creation of future liens and encumbrances against the
723
properties and the revenues from them, the carrying of insurance on the properties, the keeping of
724
books and records, the deposit, securing, and paying out of the proceeds of the bonds, and other
725
pertinent matters, as deemed proper by the board of directors to assure the marketability of the
726
bonds or the making of the contract. The board of directors may undertake in the resolution to
727
make the revenues of the properties sufficient to pay all or any specified part of the expense of the
728
operation and maintenance of them. Covenants may be contained in the resolution with respect
729
to the manner of the imposition and collection of water charges, and provision also may be made
730
in it for the appointment of a receiver for the properties of the district in the event of a default by
731
the district in carrying out the covenants and agreements contained in the resolution. Provision
732
may also be made in the resolution for a trustee to perform those services with respect to the
733
holding and paying out of the revenues of the district and the proceeds of the bonds, and otherwise,
734
as may be considered advisable. Maintenance and operation costs and expenses as referred to in
735
this section shall be construed to include any payments made by the district to the United States
736
of America, to any water users' association, or to any other public or private entity for the cost of
737
operating facilities used in providing water for the district.
738
Section 20.
Section
17A-2-1023
is amended to read:
739
17A-2-1023. Technical rules of evidence not to apply.
740
Oral evidence shall be taken on oath or affirmation. Hearings need not be conducted
741
according to technical rules of evidence, regardless of the existence of any common law or
742
statutory rule which might make improper the admission of such evidence over objection in a civil
743
action. Hearsay evidence is admissible for purposes of supplementing or explaining direct
744
evidence but shall not be sufficient in itself to support a finding unless it would be admissible over
745
objection in a civil action.
746
Section 21.
Section
17A-2-1024
is amended to read:
747
17A-2-1024. Record of hearing -- Review.
748
A complete record of all proceedings and testimony before the board at the hearing shall
749
be taken by a reporter appointed by the board. If an action is brought to review any decision of the
750
board a transcript of testimony together with all exhibits or copies thereof introduced and the
751
written request for hearing and other proceedings in the cause shall constitute the record on review;
752
provided, that the board and other parties may stipulate in writing that a specified part of the
753
evidence be certified to the court for judgment and in that case the part of the evidence specified
754
and the stipulation specifying the evidence shall be the record on review.
755
Section 22.
Section
17A-2-1030
is amended to read:
756
17A-2-1030. Employee rights and benefits extended under federal law to apply.
757
The rights, benefits and other employee protective conditions and remedies of Section 13(c)
758
of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. [1609(c)] 5333(b)), as
759
determined by the Secretary of Labor, shall apply to the establishment and operation by the district
760
of any public transit service or system and to any lease, contract, or other arrangement to operate
761
such system or services. Whenever the district shall operate such system or services, or enter into
762
any lease, contract, or other arrangement for the operation of such system or services, the district
763
shall take such action as may be necessary to extend to employees or affected public transit service
764
systems furnishing like services, in accordance with seniority, the first opportunity for reasonably
765
comparable employment in any available nonsupervisory jobs in respect to such operations for
766
which they can qualify after a reasonable training period. Such employment shall not result in any
767
worsening of the employee's position in his former employment or any loss of wages, hours,
768
working conditions, seniority, fringe benefits and rights and privileges pertaining thereto.
769
Section 23.
Section
17A-2-1202
is amended to read:
770
17A-2-1202. Definitions.
771
As used in this part:
772
(1) "Agency" means the legislative body of a community when designated by the
773
legislative body itself to act as a redevelopment agency.
774
(2) "Base tax amount" means that portion of taxes that would be produced by the rate upon
775
which the tax is levied each year by or for all taxing agencies upon the total sum of the taxable
776
value of the taxable property in a redevelopment project area as shown upon the assessment roll
777
used in connection with the taxation of the property by the taxing agencies, last equalized before
778
the effective date of the:
779
(a) ordinance approving the plan for projects for which a preliminary plan has been
780
prepared prior to April 1, 1993, and for which all of the following have occurred prior to July 1,
781
1993: the agency blight study has been completed, and a hearing under Section
17A-2-1221
has
782
in good faith been commenced by the agency; or
783
(b) the first approved project area budget for projects for which a preliminary plan has
784
been prepared after April 1, 1993, and for which any of the following have occurred after July 1,
785
1993: the completion of the agency blight study, and the good faith commencement of the hearing
786
by the agency under Section
17A-2-1221
; and
787
(c) as adjusted by Sections
17A-2-1250.5
,
17A-2-1251
,
17A-2-1252
, and
17A-2-1253
.
788
(3) "Blighted area" or "blight" means:
789
(a) for projects for which a preliminary plan has been prepared prior to April 1, 1993, and
790
for which all of the following have occurred prior to July 1, 1993: the agency blight study has been
791
completed, and a hearing under Section
17A-2-1221
has in good faith been commenced by the
792
agency, an area used or intended to be used for residential, commercial, industrial, or other
793
purposes or any combination of such uses which is characterized by two or more of the following
794
factors:
795
(i) defective design and character of physical construction;
796
(ii) faulty interior arrangement and exterior spacing;
797
(iii) high density of population and overcrowding;
798
(iv) inadequate provision for ventilation, light, sanitation, open spaces, and recreation
799
facilities;
800
(v) age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses;
801
(vi) economic dislocation, deterioration, or disuse, resulting from faulty planning;
802
(vii) subdividing and sale of lots of irregular form and shape and inadequate size for proper
803
usefulness and development;
804
(viii) laying out of lots in disregard of the contours and other physical characteristics of
805
the ground and surrounding conditions;
806
(ix) existence of inadequate streets, open spaces, and utilities; and
807
(x) existence of lots or other areas which are subject to being submerged by water.
808
(b) For projects for which a preliminary plan has been prepared after April 1, 1993, and
809
for which any of the following have occurred after July 1, 1993: the completion of the agency
810
blight study, and the good faith commencement of the hearing by the agency under Section
811
17A-2-1221
, when a finding of blight is required, an area with buildings or improvements, used
812
or intended to be used for residential, commercial, industrial, or other urban purposes or any
813
combination of these uses, which:
814
(i) contains buildings and improvements, not including out-buildings, on at least 50% of
815
the number of parcels and the area of those parcels is at least 50% of the project area; and
816
(ii) is unfit or unsafe to occupy or may be conducive to ill health, transmission of disease,
817
infant mortality, juvenile delinquency, or crime because of any three or more of the following
818
factors:
819
(A) defective character of physical construction;
820
(B) high density of population and overcrowding;
821
(C) inadequate provision for ventilation, light, sanitation, and open spaces;
822
(D) mixed character and shifting of uses which results in obsolescence, deterioration, or
823
dilapidation;
824
(E) economic deterioration or continued disuse;
825
(F) lots of irregular form and shape and inadequate size for proper usefulness and
826
development, or laying out of lots in disregard of the contours and other physical characteristics
827
of the ground and surrounding conditions;
828
(G) existence of inadequate streets, open spaces, and utilities;
829
(H) existence of lots or other areas which are subject to being submerged by water; and
830
(I) existence of any hazardous or solid waste defined as any substance defined, regulated,
831
or listed as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic waste,"
832
"pollutant," "contaminant," or "toxic substances," or identified as hazardous to human health or
833
the environment under state or federal law or regulation.
834
(c) For purposes of Subsection (3)(b), if a developer involved in the project area
835
redevelopment or economic development causes any of the factors of blight listed in Subsection
836
(b)(ii), the developer-caused blight may not be used as one of the three required elements of blight.
837
Notwithstanding the provisions of this section, any blight caused by owners or tenants who may
838
become developers under the provisions of Section
17A-2-1214
shall not be subject to this
839
Subsection (3).
840
(4) "Bond" means any bonds, notes, interim certificates, debentures, or other obligations
841
issued by an agency.
842
(5) "Community" means a city, county, town, or any combination of these.
843
(6) "Economic development" means the planning or replanning, design or redesign,
844
development or redevelopment, construction or reconstruction, rehabilitation, business relocation
845
or any combination of these, within all or part of a project area and the provision of office,
846
industrial, manufacturing, warehousing, distribution, parking, public or other facilities, or
847
improvements as may benefit the state or the community in order for a public or private employer
848
to create additional jobs within the state.
849
(7) "Federal government" means the United States or any of its agencies or
850
instrumentalities.
851
(8) "Legislative body" means the city council, city commission, county legislative body,
852
or other legislative body of the community.
853
(9) "Planning commission" means a city, town, or county planning commission established
854
pursuant to law or charter.
855
(10) "Project area" or "redevelopment project area" means an area of a community within
856
a designated redevelopment survey area, the redevelopment of which is necessary to eliminate
857
blight or provide economic development and which is selected by the redevelopment agency
858
pursuant to this part.
859
(11) "Project area budget" means, for projects for which a preliminary plan has been
860
prepared after April 1, 1993, and for which any of the following have occurred after July 1, 1993:
861
the completion of the agency blight study, and the good faith commencement of the hearing by the
862
agency under Section
17A-2-1221
, a multiyear budget for the redevelopment plan prepared by the
863
redevelopment agency showing:
864
(a) the base year taxable value of the project area;
865
(b) the projected tax increment of the project area, including the amount of any tax
866
increment shared with other taxing districts which shall include:
867
(i) the tax increment expected to be used to implement the redevelopment plan including
868
the estimated amount of tax increment to be used for land acquisition, public, and infrastructure
869
improvements, and loans, grants, or tax incentives to private and public entities; and
870
(ii) the total principal amount of bonds expected to be issued by the redevelopment agency
871
to finance the project;
872
(c) the tax increment expected to be used to cover the cost of administering the project area
873
plan;
874
(d) a legal description for the portion of the project area from which tax increment will be
875
collected pursuant to Section
17A-2-1247.5
, if the area from which tax increment is to be collected
876
is less than the entire project area; and
877
(e) for properties to be sold, the expected total cost of the property to the agency and the
878
expected sales price to be paid by the purchaser.
879
(12) "Public body" means the state, or any city, county, district, authority, or any other
880
subdivision or public body of the state, their agencies, instrumentalities, or political subdivisions.
881
(13) (a) "Redevelopment" means the planning, development, replanning, redesign,
882
clearance, reconstruction, or rehabilitation, or any combination of these, of all or part of a project
883
area, and the provision of residential, commercial, industrial, public, or other structures or spaces
884
that are appropriate or necessary to eliminate blight in the interest of the general welfare, including
885
recreational and other facilities incidental or appurtenant to them.
886
(b) "Redevelopment" includes:
887
(i) the alteration, improvement, modernization, reconstruction, or rehabilitation, or any
888
combination of these, of existing structures in a project area;
889
(ii) provision for open space types of use, such as streets and other public grounds and
890
space around buildings, and public or private buildings, structures and improvements, and
891
improvements of public or private recreation areas and other public grounds; and
892
(iii) the replanning or redesign or original development of undeveloped areas as to which
893
either of the following conditions exist:
894
(A) the areas are stagnant or improperly utilized because of defective or inadequate street
895
layout, faulty lot layout in relation to size, shape, accessibility, or usefulness, or for other causes;
896
or
897
(B) the areas require replanning and land assembly for reclamation or development in the
898
interest of the general welfare.
899
(14) "Redevelopment plan" means a plan developed by the agency and adopted by
900
ordinance of the governing body of a community to guide and control redevelopment and
901
economic development undertakings in a specific project area.
902
(15) "Redevelopment survey area" or "survey area" means an area of a community
903
designated by resolution of the legislative body or the governing body of the agency for study by
904
the agency to determine if blight exists if redevelopment is planned, and if a redevelopment or
905
economic development project or projects within the area are feasible.
906
(16) "Taxes" include all levies on an ad valorem basis upon land, real property, personal
907
property, or any other property, tangible or intangible.
908
[(18)] (17) "Tax increment" means that portion of the levied taxes each year in excess of
909
the base tax amount which excess amount is to be paid into a special fund of an agency.
910
[(17)] (18) "Taxing agencies" mean the public entities, including the state, any city, county,
911
city and county, any school district, special district, or other public corporation, which levy
912
property taxes within the project area.
913
Section 24.
Section
17A-2-1210
is amended to read:
914
17A-2-1210. Limits on value and size of project areas using tax increment financing
915
without consent of local taxing agencies -- Time limits.
916
(1) (a) A redevelopment plan adopted after April 1, 1983, and projects for which a
917
preliminary plan has been prepared prior to April 1, 1993, and for which all of the following have
918
occurred prior to July 1, 1993: the agency blight study has been completed, and a hearing under
919
Section
17A-2-1221
has in good faith been commenced by the agency, may not incorporate the
920
provisions of tax increment financing under Section
17A-2-1247
if the taxable value of the project
921
area described in the redevelopment plan, when added to the total taxable value as shown on the
922
last equalized assessment roll certified by the county assessor for other redevelopment project
923
areas of the community for which an allocation of ad valorem taxes is provided, exceeds a figure
924
at the time of the adoption of the redevelopment plan after April 1, 1983, equal to 15% of the
925
taxable value of the locally assessed property of the community, unless the governing body of each
926
local taxing agency which levies taxes upon the property within the proposed redevelopment
927
project area consents to the redevelopment project area plan in writing.
928
(b) An agency may not obtain approval of a project area budget pursuant to Section
929
17A-2-1247.5
if the allocated incremental value of all existing project areas exceeds 10% of the
930
total taxable value of the community, or if the projected allocated incremental value of the project
931
area as described in the proposed project area budget, when added to the allocated incremental
932
value of all existing project areas, exceeds 12% of the total taxable value of the community unless
933
the agency obtains the majority consent of the taxing agency committee. The taxable value of the
934
community shall be the total taxable value for the community as shown on the last equalized
935
assessment roles as certified by the county assessor. The allocated incremental value shall be
936
calculated as follows:
937
(i) for projects for which a preliminary plan has been prepared prior to April 1, 1993, and
938
for which all of the following have occurred prior to July 1, 1993: the agency blight study has been
939
completed, and a hearing under Section
17A-2-1221
has in good faith been commenced by the
940
agency, the allocated incremental value shall be the taxable value in excess of the adjusted
941
base-year taxable value in the tax increment collection area, multiplied by the applicable
942
percentage of tax increment to be paid to the agency pursuant to Subsection
17A-2-1247
(2)(f); and
943
(ii) for projects for which a preliminary plan has been prepared after April 1, 1993, and
944
for which any of the following have occurred after July 1, 1993: the completion of the agency
945
blight study, and the good faith commencement of the hearing by the agency under Section
946
17A-2-1221
, the allocated incremental value shall be the taxable value in excess of the adjusted
947
base value in the tax increment collection area, multiplied by the applicable percentage of tax
948
increment to be paid to the agency in accordance with the approved and proposed project area
949
budgets pursuant to Subsections
17A-2-1247.5
(3), (4), and (5).
950
(c) "Tax increment collection area" means that area of a project area from which an agency
951
may receive an allocation of tax increment pursuant to a plan incorporating provisions of Section
952
17A-2-1247
or an approved or a proposed project area budget incorporating the provisions of
953
Section
17A-2-1247.5
.
954
(d) The consent of the taxing entities required by this section may be obtained by majority
955
consent of the taxing agency committee in accordance with Section
17A-2-1247.5
.
956
(2) If the county assessor fails to report the value of the locally assessed property within
957
the proposed redevelopment project area within 90 days after notice as provided in Section
958
17A-2-1222
, the 15% limitation does not apply.
959
(3) A redevelopment plan adopted before April 1, 1983, incorporating the provisions of
960
tax increment financing under Section
17A-2-1247
may not be amended after April 1, 1983, to add
961
area containing additional taxable value unless the governing body of each local taxing agency that
962
levies taxes upon the property within the area proposed to be added consents in writing to a higher
963
percentage of taxable value if the additional taxable value, when added to the taxable value in the
964
project area as the taxable value existed immediately before the adoption of the amendment, would
965
exceed the limits established in this subsection for a redevelopment plan adopted after April 1,
966
1983.
967
(4) (a) A project area with a redevelopment plan adopted after April 1, 1983, incorporating
968
the provisions of tax increment financing under Sections
17A-2-1247
and
17A-2-1247.5
may not
969
exceed 100 acres of privately owned property unless the governing body of each local taxing
970
agency that levies taxes upon property within the proposed redevelopment project area consents
971
in writing to exceeding the limit of [100-acre] 100 acres of privately owned property in the
972
redevelopment plan.
973
(b) A redevelopment plan adopted before April 1, 1983, may not be amended after April
974
1, 1983, to add any additional area if the project area exceeds 100 acres of privately owned
975
property, or the project area is less than 100 acres of privately owned property but would exceed
976
100 acres of privately owned property with the additional area, unless the governing body of each
977
local taxing agency that levies taxes upon property within the area proposed to be added consents
978
in writing to the adding of the additional area to the project area.
979
(5) (a) For purposes of computing under Section
17A-2-1247
the amount to be allocated
980
to and when collected to be paid into a special fund of a redevelopment agency to pay the principal
981
of and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded,
982
assumed, or otherwise) incurred by the redevelopment agency after April 1, 1983, from a project
983
area with a redevelopment plan adopted before April 1, 1983, incorporating the provisions of
984
Section
17A-2-1247
and containing more than 100 acres of privately owned property, the
985
redevelopment agency may be paid only that portion of that amount levied each year from 100
986
acres selected by the redevelopment agency from the entire project area. The amount allocated to
987
and when collected to be paid into a special fund of a redevelopment agency under Subsections
988
17A-2-1247
(2)(c) and (2)(e) from the 100 acres of privately owned property shall be that portion
989
of the levied taxes each year in excess of the amount from the 100 acres allocated to and when
990
collected paid to the taxing agencies under Subsection
17A-2-1247
(2)(a). The 100 acres of
991
privately owned property shall be contiguous.
992
(b) The 100-acre limit of privately owned property established in this Subsection (5) does
993
not apply to loans, moneys advanced to, or indebtedness, whether funded, refunded, assumed, or
994
otherwise, incurred by redevelopment agencies before April 1, 1983, in projects with
995
redevelopment plans adopted before April 1, 1983. The 100-acre limit of privately owned property
996
does not apply if the governing body of each local taxing agency which levies taxes upon the
997
property within the project area consents in writing to exceeding the 100-acre limit of privately
998
owned property.
999
(c) Each agency shall establish by resolution adopted on or before August 1, 1983, which
1000
areas in the project area shall be included in the 100 acres of privately owned property to be used
1001
for the purposes of computing the amount of tax increment to be paid to the agency. The
1002
resolution shall also contain a legal description of the areas included in the 100 acres. A copy of
1003
the resolution shall be filed with the county auditor and the State Tax Commission within 30 days
1004
of adoption of the resolution. After the resolution has been adopted no person, entity, or public
1005
body may contest the regularity, formality, or legality of the establishment of the 100 acres or of
1006
the resolution for any cause.
1007
(6) Each project area with a redevelopment plan adopted before April 1, 1983, that exceeds
1008
590 acres of privately owned property shall be reduced to 590 acres of privately owned property
1009
unless the governing body of each local taxing agency that levies taxes upon property within the
1010
project area consents in writing to the project area not being reduced. Each agency shall establish
1011
by resolution adopted on or before August 1, 1983, which areas in the project area shall be
1012
included in the 590 acres of privately owned property to be used for the purposes of reducing to
1013
the 590 acre limit of privately owned property. The resolution shall also contain a legal description
1014
of the areas included in the 590 acres of privately owned property. A copy of the resolution shall
1015
be filed with the county auditor and the State Tax Commission within 30 days of adoption of the
1016
resolution. After the resolution has been adopted no person, entity, or public body may contest the
1017
regularity, formality, or legality of the reduction to the 590 acre limit of privately owned property
1018
or of the resolution for any cause.
1019
(7) A redevelopment plan adopted after April 1, 1983, and redevelopment projects for
1020
which a preliminary plan has been prepared prior to April 1, 1993, and for which all of the
1021
following have occurred prior to July 1, 1993: the agency blight study has been completed, and a
1022
hearing under Section
17A-2-1221
has in good faith been commenced by the agency, shall contain:
1023
(a) a time limit not to exceed seven years from the date of the approval of the plan after
1024
which the agency may not commence acquisition of property through eminent domain;
1025
(b) a time limit not to exceed 15 years from the date of the approval of the plan after which
1026
no bonds may be issued for redevelopment projects; and
1027
(c) a time limit not to exceed 32 years from the date of the approval of the plan after which
1028
no tax increment from the project area may be allocated to or used by the agency.
1029
(8) The time limits established in Subsections (5)(a), (b), and (c) shall apply to
1030
redevelopment plans adopted before April 1, 1983, but shall be measured from April 1, 1983.
1031
(9) Notwithstanding the provisions of Subsections (7) and (8) or of any corresponding
1032
provisions of a redevelopment plan, an agency may issue bonds for the purpose of refunding bonds
1033
previously issued for redevelopment projects (or to refund bonds issued for redevelopment
1034
projects) without regard to the 15-year limit provided therein.
1035
Section 25.
Section
17A-2-1302
is amended to read:
1036
17A-2-1302. Definitions.
1037
As used in this part:
1038
(1) "County" means a county of this state and includes any such county regardless of the
1039
form of government under which it is operating.
1040
[(7)] (2) "Facility" or "facilities" means any structure, building, system, land, water right,
1041
and other real and personal property required to provide any service authorized by Section
1042
17A-2-1304
, including, without limitation, all related and appurtenant easements and
1043
rights-of-way, improvements, utilities, landscaping, sidewalks, roads, curbs and gutters, and
1044
equipment and furnishings.
1045
(3) "Governing authority" means the board or body, however designated, in which the
1046
general legislative powers of a county, municipality, or improvement district are vested and
1047
includes the board of commissioners of a county or a city of the first or second class, the city
1048
council of a city of the third class, the town council of a town, and the board of trustees of an
1049
improvement district.
1050
[(6)] (4) "Guaranteed bonds" mean bonds the annual debt service on which is or will be
1051
guaranteed by one or more taxpayers owning property within the boundaries of the service district.
1052
[(2)] (5) "Improvement district" means an improvement district established under Chapter
1053
2, Part 3.
1054
[(4)] (6) "Municipality" means a city or town of this state.
1055
[(5)] (7) "Service district" means a special service district established in the manner
1056
provided by this part under Article XIV, Section 8 of the Constitution of Utah.
1057
Section 26.
Section
17A-2-1411
is amended to read:
1058
17A-2-1411. Quorum.
1059
A majority of the directors shall constitute a quorum, and a concurrence of a majority of
1060
those in attendance, in any matter, within their duties, shall be sufficient for its determination,
1061
except as otherwise herein provided.
1062
Section 27.
Section
17A-2-1425
is amended to read:
1063
17A-2-1425. Board may sell or lease water to irrigation districts -- Levy and
1064
collection of special assessments under class C.
1065
To levy and collect special assessments upon lands under class C as herein provided, the
1066
board shall make an allotment of water to each of the petitioning irrigation districts within the
1067
district in the manner as hereinafter provided in such quantity as will in the judgment of the board,
1068
when added to the present supply of water of such irrigation district, make an adequate supply of
1069
water for such irrigation district, and shall fix and determine the rates per acre-foot or other unit
1070
of measurement, the service, turnout, connection, distribution system charges or other charges and
1071
terms at and upon which water shall be sold, leased or otherwise disposed of to such irrigation
1072
district; provided, however, that such rates and charges shall be equitable although not necessarily
1073
equal or uniform for like classes of services throughout the district. In the event any irrigation
1074
district shall desire to purchase, lease, or otherwise obtain the beneficial use of waters of the
1075
district, the board of such irrigation district shall by resolution authorize and direct its president
1076
and secretary to petition the board for an allotment of water, upon terms prescribed by the board,
1077
which petition shall contain, inter alia, the following:
1078
(1) Name of irrigation district.
1079
(2) Quantity of water to be purchased or otherwise acquired.
1080
(3) Price per acre-foot or other unit of measurement and the amount of any service,
1081
connection, distribution system charge or other charges to be paid.
1082
(4) Whether payments are to be made in cash or annual installments.
1083
(5) Agreement by such irrigation district to make payments for the beneficial use of such
1084
water, together with annual maintenance and operating charges, and to be bound by the provision
1085
of this part and the rules and regulations of the board.
1086
The secretary of the board shall cause notice of the filing of such petition to be given and
1087
published, which notice shall state the filing of such petition and giving notice to all persons
1088
interested to appear at the office of the board at a time named in said notice and show cause in
1089
writing, if any they have, why the petition should not be granted. The board at the time and place
1090
mentioned in said notice, or at such time or times at which the hearing of said petition may be
1091
adjourned, shall proceed to hear the petition and objections thereto, presented, in writing, by any
1092
person showing cause as aforesaid why said petition should not be granted. The failure of any
1093
person interested to show cause in writing, as aforesaid, shall be deemed and taken as an assent
1094
on his part to the granting of said petition. The board may, at its discretion, accept or reject the
1095
said petition, but if it deems it for the best interest of the district that the said petition shall be
1096
granted, shall enter an order to that effect granting the said petition, and from and after such order,
1097
the irrigation district, and/or persons therein shall be deemed to have purchased, leased, or
1098
otherwise acquired the beneficial use of water as set forth in said order. If said petition is granted,
1099
the board shall, in each year, determine the amount of money necessary to be raised by special
1100
assessment on lands within such irrigation district and shall determine whether such special
1101
assessment shall be levied by the district or by the irrigation district. If the board determines that
1102
such assessments shall be levied by the district, it shall certify to the county auditor of the county
1103
in which the lands of such irrigation district are located the amount of the assessment, plus a fair
1104
proportionate amount of the estimated operating and maintenance charges for the next succeeding
1105
year on each tract of land on or before the 1st day of July of each year, and such county auditor
1106
shall extend the amount of such special assessment, plus said operating and maintenance charges
1107
on the tax roll as a special assessment against the lands on which said special assessment is made.
1108
If the board determines that such assessments shall be levied by the irrigation district, the district
1109
shall make a contract with the irrigation district which shall provide among other things for the
1110
annual payment to the district of an amount to be obtained from the levy by the irrigation district
1111
of annual assessments in accordance with the irrigation district law. If a subdistrict or subdistricts
1112
are organized as herein provided, assessments of special benefits shall be made, spread on the tax
1113
rolls, and collected in the same manner as herein provided in the case of irrigation districts.
1114
Section 28.
Section
17A-2-1437
is amended to read:
1115
17A-2-1437. Change of boundaries -- Petitions for and against inclusion within
1116
district -- Hearing -- Petition protesting inclusion -- Hearing -- Appeal -- Annexation --
1117
Hearings -- Objections -- Order of inclusion -- Findings and decrees -- Appeal.
1118
(1) The boundaries of any district organized under this part may be changed as provided
1119
by this section, but the change of boundaries of the district shall not impair or affect:
1120
(a) its organization;
1121
(b) its rights in or to property;
1122
(c) any of its other rights or privileges; or
1123
(d) any contract, obligation, lien, or charge for or upon which it might be liable or
1124
chargeable had the change of boundaries not been made.
1125
(2) (a) (i) The owners of lands which are either contiguous or noncontiguous to the district
1126
and to each other may file a written petition with the board requesting that their lands be included
1127
in the district. The petition shall contain:
1128
(A) a description of the tracts or body of land sought to be included; and
1129
(B) the signatures, acknowledged in the same form as conveyances of real estate, of the
1130
owners of the lands.
1131
(ii) A petition filed in this form will be considered to give assent of the petitioners to the
1132
inclusion within the district of the lands described in the petition.
1133
(b) The board shall, within 90 days after the filing of the petition, set and convene a
1134
hearing to consider the petition and all objections.
1135
(c) The secretary of the board shall cause notice of the filing of the petition to be given and
1136
published in the county in which the lands are situated. This notice shall state:
1137
(i) the names of petitioners;
1138
(ii) a description of lands mentioned;
1139
(iii) the request of the petitioners; and
1140
(iv) that all persons interested must appear at the office of the board at the time named in
1141
the notice and state in writing why the petition should not be granted.
1142
(d) The board shall, at the appropriate time, proceed to hear the petition and review the
1143
written objections to the petition. The failure of any person to show cause, in writing, shall be
1144
considered to be his assent to the inclusion of these lands within the district.
1145
(e) If any of the lands proposed for inclusion in the district are located within a
1146
municipality, the petitioners shall, before the date of the hearing set by the board, obtain from the
1147
municipality's governing body its written consent to the inclusion of the land located within the
1148
municipality.
1149
(f) (i) If any of the lands proposed for inclusion in the district are located within a
1150
municipality's proposed municipal expansion area established by the municipality's annexation
1151
policy declaration adopted under Title 10, Chapter 2, Part 4, [Extension of Corporate Limits -
1152
Local Boundary Commissions] Annexation, the petitioners shall, before the date of the hearing set
1153
by the board, obtain from that municipality's governing body its written consent to the inclusion
1154
of the land located within the area proposed for municipal expansion.
1155
(ii) Subsection (2)(f)(i) does not apply if the land proposed for inclusion in the district is
1156
located within the proposed municipal expansion area of more than one municipality in a county
1157
of the first class.
1158
(g) If any of the lands proposed for inclusion in the district are located within a county not
1159
previously containing any part of the district, the petitioners shall, before the date of the hearing
1160
set by the board, obtain from the county's legislative body its written consent to the inclusion of
1161
the land located within that county.
1162
(h) If any of the lands proposed for inclusion in the district are located within the
1163
unincorporated portion of a county, the petitioners shall, before the date of the hearing set by the
1164
board, obtain from the county's legislative body its written consent to the inclusion of that land.
1165
(i) If the petition is granted, the board shall make an order to that effect and file the petition
1166
with the clerk of the court and upon order of the court the lands shall be included in the district.
1167
(3) (a) In addition to the method provided in Subsection (2), additional areas may be
1168
included in a district by petition as described in this subsection. A written petition may be filed to
1169
include:
1170
(i) irrigated lands;
1171
(ii) nonirrigated lands;
1172
(iii) land in towns and cities;
1173
(iv) other lands; or
1174
(v) any combination of lands under this subsection. These lands may be contiguous or
1175
noncontiguous to the district and to each other.
1176
(b) The petition must:
1177
(i) be filed in the district court of the county in which the petition for organization of the
1178
original district was filed;
1179
(ii) include the signatures, acknowledged in the same form as conveyances of real estate,
1180
of not fewer than 20% or 500, whichever is the lesser, of the owners of irrigated lands in the area,
1181
but outside the corporate limits of a city or town;
1182
(iii) include the signatures, acknowledged in the same form as conveyances of real estate,
1183
of not fewer than 5% or 100, whichever is the lesser, of the owners of nonirrigated lands and lands
1184
within the incorporated limits of a city or town, which are within the area specified in the petition;
1185
(iv) list a description of each tract of land owned by the signer opposite the name of the
1186
signer, with an indication that each tract, together with its improvements, has a taxable value of
1187
not less than $300; and
1188
(v) set forth:
1189
(A) a general description of the territory in the area sought to be included in the district;
1190
(B) the name of the district in which it is sought to be included;
1191
(C) the terms and conditions upon which inclusion is sought;
1192
(D) a statement that the property sought to be included will be benefited by the
1193
accomplishment of the purposes for which the original district was formed; and
1194
(E) a request for inclusion of the area in the district.
1195
(c) No petition with the requisite signatures shall be declared null and void because of
1196
alleged defects, but the court may permit the petition to be amended to conform to the facts by
1197
correcting any errors. However, similar petitions or duplicate copies of the petition for the
1198
inclusion of the same area may be filed and shall together be regarded as one petition. All petitions
1199
filed prior to the hearing on the first petition shall be considered by the court the same as though
1200
filed with the first petition. In determining whether the requisite number of landowners has signed
1201
the petition, the names as they appear upon the tax roll shall be prima facie evidence of their
1202
ownership.
1203
(d) At the time of filing the petition or at any time before, and prior to the time of hearing
1204
on the petition, a bond shall be filed, with security approved by the court sufficient to pay all
1205
expenses connected with the proceedings in the case. If at any time during the proceeding the court
1206
determines that the first bond is insufficient, the court may require that an additional bond be
1207
obtained within ten days following the court's request. If the petitioner fails to obtain a bond, the
1208
petition shall be dismissed.
1209
(e) Immediately after the filing of the petition, the district court of the county where the
1210
petition is filed shall fix a place and time between 60 and 90 days after the petition is filed for a
1211
hearing. The clerk of the court shall then publish notice of the pendency of the petition and of the
1212
time and place of hearing. The clerk of the court shall also mail a copy of the notice by registered
1213
mail to:
1214
(i) the board of directors of the district;
1215
(ii) the county legislative body of each of the counties with land within the area proposed
1216
to be included in the district; and
1217
(iii) the governing body of each of the cities or towns having territory within the area
1218
proposed to be included within the district.
1219
(f) If any of the lands proposed for inclusion in the district are located within a
1220
municipality, the petitioners shall, before the date of the hearing set by the district court, obtain
1221
from the municipality's governing body its written consent to the inclusion of the land located
1222
within the municipality.
1223
(g) (i) If any of the lands proposed for inclusion in the district are located within a
1224
municipality's proposed municipal expansion area established by the municipality's annexation
1225
policy declaration adopted under Title 10, Chapter 2, Part 4, [Extension of Corporate Limits -
1226
Local Boundary Commissions] Annexation, the petitioners shall, before the date of the hearing set
1227
by the board, obtain from that municipality's governing body its written consent to the inclusion
1228
of the land located within the area proposed for municipal expansion.
1229
(ii) Subsection (3)(g)(i) does not apply if the land proposed for inclusion in the district is
1230
located within the proposed municipal expansion area of more than one municipality in a county
1231
of the first class.
1232
(h) If any of the lands proposed for inclusion in the district are located within a county not
1233
previously containing any part of the district, the petitioners shall, before the date of the hearing
1234
set by the district court, obtain from the county's legislative body its written consent to the
1235
inclusion of the land located within that county.
1236
(i) If any of the lands proposed for inclusion in the district are located within the
1237
unincorporated portion of a county, the petitioners shall, before the date of the hearing set by the
1238
district court, obtain from the county's legislative body its written consent to the inclusion of that
1239
land.
1240
(j) After the filing of a petition for inclusion of an additional area and at least 30 days prior
1241
to the time fixed by the court for the hearing on the petition, a petition protesting the inclusion of
1242
the lands within the district may be filed in the clerk's office of the court where the proceeding for
1243
inclusion is pending. The protest petition must contain:
1244
(i) the signatures, acknowledged in the same form as conveyances of real estate, of at least:
1245
(A) 35% of the owners of irrigated lands in the area sought to be included, but not within
1246
the incorporated limits of a city or town; and
1247
(B) 20% of the owners of nonirrigated lands and lands within the incorporated limits of
1248
a city or town within the area proposed to be included within the district; and
1249
(ii) a description of each tract of land opposite the name of the signer, with an indication
1250
that each tract, together with its improvements, has an assessed value of at least $300.
1251
(k) A landowner may protest if he:
1252
(i) did not sign the petition for inclusion; and
1253
(ii) owns land, including improvements thereon, which had a taxable value of at least $300
1254
as shown by the last preceding assessment.
1255
(l) If a petitioner signs the petition both as owner of irrigated and nonirrigated land, his
1256
name counts only as an owner of irrigated lands.
1257
(m) On the day set for the hearing on the original petition, if it appears to the court that the
1258
protesting petition does not meet the requirements of Subsection (3)(j), the court shall dismiss the
1259
protesting petition and proceed with the original hearing as provided in this section. If the court
1260
finds from the evidence that the protesting petition does qualify, the court shall dismiss the original
1261
petition for inclusion. The finding of the court upon the question of valuation, the genuineness of
1262
the signatures, and all matters of law and fact incident to this determination shall be final and
1263
conclusive on all parties in interest whether appearing or not, unless within 30 days from entry of
1264
the order of dismissal an appeal is taken to the Supreme Court.
1265
(n) (i) Any owner of real property in the proposed area who did not individually sign a
1266
petition for the inclusion, but who desires to object to the inclusion, may, on or before ten days
1267
prior to the date set for the cause to be heard, file an objection to the inclusion. This objection shall
1268
be heard by the court as an advanced case without unnecessary delay.
1269
(ii) An owner of irrigated lands may file a petition asking to have his irrigated lands
1270
excluded from the inclusion pursuant to the requirements of Subsection (3)(n)(i). This petition
1271
shall be heard by the district court on the date set for the hearing of the petition for inclusion of the
1272
area and the district court shall exclude these irrigated lands from the area proposed for inclusion
1273
within the district.
1274
(o) If it appears at the hearing that a petition for the inclusion has been signed and
1275
presented as provided in Subsections (a) and (b), that each written consent required by Subsections
1276
(3)(f), (g),(h), and (i) has been obtained, that the allegations of the petition are true, and that no
1277
protesting petition has been filed, or if filed has been dismissed as provided in Subsection (3)(m),
1278
the court shall:
1279
(i) adjudicate all questions of jurisdiction;
1280
(ii) find that the property described in the petition will, if included, be benefited by the
1281
accomplishment of the purposes for which the original district was formed;
1282
(iii) declare the area included in the district;
1283
(iv) declare whether the area is annexed to an existing division, or constitutes a separate
1284
division; and
1285
(v) declare whether the area can be properly represented by existing directors or whether
1286
the number of directors shall be increased to provide for representation of the area annexed.
1287
However, prior to the entry of its decree including such area within the district, the court shall
1288
obtain the verified consent of the board of directors of the district to the inclusion of such area.
1289
(p) If the court finds that the petition for inclusion has not been signed and presented
1290
pursuant to this section, that any written consent required by Subsections (3)(f), (g), (h), and (i) has
1291
not been obtained, or that the material facts are not as set forth in the petition filed, it shall dismiss
1292
the proceedings and adjudge the costs against the signers of the petition in such proportion as it
1293
considers just and equitable. An appeal to the Supreme Court shall lie from an order dismissing
1294
the proceeding. Nothing in this part shall be construed to prevent the filing of a subsequent petition
1295
or petitions for similar purposes, and the right to renew such proceeding is expressly granted.
1296
(4) (a) If lands are annexed into a public corporation which corporation is already part of
1297
the district described in this part and these annexed lands are not located within the district's
1298
boundaries, the board may make a finding that these lands are not part of the district, and that these
1299
lands are or may be benefited from the service provided by the district. Upon making this finding,
1300
the board shall set a time and place for a public hearing to hear objections as to why these lands
1301
should not be annexed and included within the district. The secretary of the board shall cause
1302
notice of the time and place of the hearing to consider the inclusion of the lands within the district
1303
to be given and published in the county in which the lands are situated. The notice shall:
1304
(i) state a general description of the lands;
1305
(ii) state that the lands are being considered for inclusion within the district; and
1306
(iii) give notice to all interested persons to appear at the time and place named in the notice
1307
and show cause, in writing, as to why the lands should not be included within the district. The
1308
secretary shall mail a copy of the notice by registered mail to the governing body of the public
1309
corporation and to the landowners.
1310
(b) Before the date set for the hearing, the board shall obtain the written consent of the
1311
public corporation's governing body to the inclusion of the lands into the district.
1312
(c) The board shall, at the time and place named in the notice or at any time at which the
1313
hearing may be adjourned, proceed to hear all objections to the inclusion of the lands within the
1314
district. The failure of any interested person to appear or show cause, in writing, shall be taken as
1315
an assent on his part to the inclusion of the lands within the district. If, after hearing all objections
1316
to the inclusion of the land within the district, the board has obtained the consent of the public
1317
corporation's governing body as required in Subsection (4)(b) and determines that the lands will
1318
be benefited by inclusion within the district, the board shall make an order to that effect. Upon
1319
filing the order with the clerk of the court and upon order of the court, the lands shall be included
1320
in the district.
1321
(d) A finding by the board that the lands will not be benefited by inclusion within the
1322
district shall not preclude the board at any subsequent date from finding that changed conditions
1323
or circumstances now benefit the lands. After making this finding the board may renew the
1324
proceedings for inclusion of these lands in whole or in part and find that the lands will be benefited
1325
by inclusion in the district and make an order to that effect. Upon filing the order with the clerk
1326
of the court and upon order of the court, the lands shall be included in the district.
1327
(e) If the board finds that any portion of land to be annexed into the district is presently
1328
receiving water from another public water system, the board shall exclude that portion of land from
1329
the land to be annexed into the district.
1330
(5) Upon the entry of the decree, the clerk of the court shall transmit to the Division of
1331
Corporations and Commercial Code and the county recorder in each of the counties having lands
1332
in the area, copies of the findings and decrees of the court. The findings and decrees shall be filed
1333
with the Division of Corporations and Commercial Code pursuant to the general laws concerning
1334
corporations. Copies shall also be filed in the office of the county recorder in each county in which
1335
the district is located where they will become permanent records. The recorder in each county shall
1336
receive the fee designated by the county legislative body for filing and preservation. The Office
1337
of the Lieutenant Governor shall receive fees as may be provided by law for like services in similar
1338
cases.
1339
(6) If an order is entered establishing the inclusion of the area into the district, such order
1340
shall be final unless within 30 days an appeal is taken to the Supreme Court. The entry of a final
1341
order shall conclusively establish the inclusion of the area against all persons, except that the state
1342
may attack the order in an action in the nature of a writ of quo warranto, commenced by the
1343
attorney general within three months after the decree declaring the area included. The inclusion
1344
of the area shall not be directly or collaterally questioned in any suit, action, or proceeding, except
1345
as expressly authorized.
1346
(7) Any area included in a district pursuant to this part shall be subject to taxes and
1347
assessments levied for the payment of indebtedness of the district which was outstanding at the
1348
time of the entry of the order for inclusion, and for the payment of indebtedness thereafter incurred
1349
as if the area were a part of the district as originally established.
1350
(8) The boundaries of any subdistrict may be changed in the manner provided in this part
1351
for the change of the boundaries of districts.
1352
Section 29.
Section
17A-2-1444
is amended to read:
1353
17A-2-1444. Hearings to be advanced.
1354
All cases in which there may arise a question of the validity of the organization of a water
1355
conservancy district[,] or a question of the validity of any proceeding under this part, the question
1356
shall be advanced as a matter of immediate public interest and concern, and heard at the earliest
1357
practicable moment. The courts shall be open at all times for the purposes of this part.
1358
Section 30.
Section
17A-2-1512
is amended to read:
1359
17A-2-1512. Expense reimbursement.
1360
A commissioner is entitled to the necessary expenses, including traveling expenses,
1361
incurred in the discharge of official duties.
1362
Section 31.
Section
17A-2-1704
is amended to read:
1363
17A-2-1704. Creation of authority -- Members.
1364
(1) (a) The authority comprises ten members. If the requirements of Section
17A-2-1703
1365
are met, the governor shall, with the advice and consent of the Senate, appoint six members of the
1366
authority from the public-at-large.
1367
(b) The remaining four members of the authority are:
1368
(i) the executive director of the Department of Environmental Quality;
1369
(ii) the executive director of the Department of Community and Economic Development;
1370
(iii) the executive director of the Department of Natural Resources; and
1371
(iv) the executive director of the Department of Transportation.
1372
(2) Public-at-large members, no more than three of whom shall be from the same political
1373
party, shall be appointed to six-year terms of office, subject to removal by the governor with or
1374
without cause.
1375
(3) The governor shall name one public-at-large member as chairman of the authority
1376
responsible for the call and conduct of authority meetings.
1377
(4) The authority may elect other officers as necessary.
1378
(5) Five members of the authority present at a properly noticed meeting constitute a
1379
quorum for the transaction of official authority business.
1380
(6) Public-at-large members are entitled to per diem and expenses[,] for each day devoted
1381
to authority business at the rates established by the director of the Division of Finance under
1382
Sections
63A-3-106
and
63A-3-107
.
1383
Section 32.
Section
17A-2-1709
is amended to read:
1384
17A-2-1709. Security for obligations -- Provisions of security instruments.
1385
(1) The principal and interest on any obligation issued pursuant to this part shall be secured
1386
by:
1387
(a) a pledge and assignment of the proceeds earned by the facility built and acquired with
1388
the proceeds of the obligations;
1389
(b) a mortgage or trust deed on the facility built and acquired with the proceeds from the
1390
obligations; and
1391
(c) such other security on the facility as is deemed most advantageous by the authority.
1392
(2) Obligations authorized for issuance under this part and any mortgage or other security
1393
given to secure such obligations may contain any provisions customarily contained in security
1394
instruments, including, but not limited to:
1395
(a) the fixing and collection of fees from the facility;
1396
(b) the maintenance of insurance on the facility;
1397
(c) the creation and maintenance of special funds to receive revenues earned by the facility;
1398
and
1399
(d) the rights and remedies available to obligation holders in the event of default.
1400
(3) All mortgages, trust deeds, security agreements, or trust indentures on a facility shall
1401
provide, in the event of foreclosure, that no deficiency judgment may be entered against the
1402
authority, the state, or any of the state's political subdivisions.
1403
(4) Any mortgage or other security instrument securing such obligations may provide that
1404
in the event of a default in the payment of principal or interest or in the performance of any
1405
agreement, that payment or performance may be enforced by the appointment of a receiver with
1406
power to charge and collect fees and to apply the revenues from the facility in accordance with the
1407
provisions of the security instrument.
1408
(5) Any mortgage or other security instrument made pursuant to this part may also provide
1409
that in the event of default in payment or breach of a condition, that the mortgage may be
1410
foreclosed or otherwise satisfied in any manner permitted by law, and that the trustee under the
1411
mortgage or the holder of any obligation secured by such mortgage may, if the highest bidder,
1412
purchase the security at foreclosure sale.
1413
Section 33.
Section
17A-2-1803
is amended to read:
1414
17A-2-1803. Area -- Procedures -- Appeals.
1415
(1) A regional service area may consist of:
1416
(a) all or part of any county; and
1417
(b) areas that are not contiguous.
1418
(2) (a) Only one regional service area may be located in a county.
1419
(b) (i) A county service area may not reorganize as a regional service area on or after May
1420
4, 1998.
1421
(ii) No regional service area may be created on or after May 4, 1998.
1422
(3) The adoption of this part does not affect the existence, operation, or establishment of
1423
any county service area operating under Title 17A, Chapter 2, Part 4, County Service Areas.
1424
(4) After it is reorganized, the county service area shall be a regional service area subject
1425
to this part containing all of the territory of the county service area, and not subject to Chapter 2,
1426
Part 4.
1427
(5) (a) Beginning on the effective date of the resolution reorganizing the county service
1428
area as a regional service area, the regional service area is reorganized with all the rights,
1429
privileges, [and] powers, and limitations under this part.
1430
(b) (i) Any outstanding bonds, notes, contracts, or other obligations of any former county
1431
service area shall be the bonds, notes, contracts, and obligations of the new regional service area
1432
which is taking its place with like effect as if issued or entered into by the regional service area.
1433
(ii) Any election authorizing the issuance of bonds of the former county service area shall
1434
have the same effect as a bond election held under this part.
1435
(c) Taxes at the most recent rate levied by the former county service area may continue to
1436
be levied by the regional service area.
1437
(d) All assets of the former county service area, including both real and personal property,
1438
shall be the property of the regional service area with the same effect as if originally constructed,
1439
purchased, leased, or otherwise acquired by the regional service area and the contracts of the
1440
former county service area shall be the contracts of the regional service area.
1441
(e) The employees, officers, and agents of the former county service area shall be the
1442
employees, officers, and agents of the regional service area and all employee benefits, including
1443
pension plans shall carry forward to the regional service area.
1444
(f) Until amended, the bylaws, rules, regulations, policies, and procedures of the former
1445
county service area shall be the bylaws, rules, regulations, policies, and procedures of the regional
1446
service area.
1447
(6) The conversion of a county service area to a regional service area may not impair or
1448
affect any existing contract, obligation, lien, charge, or bond for or upon which the county service
1449
area might be liable or chargeable had the conversion not taken place.
1450
(7) (a) Any aggrieved person may appeal the decision of the governing authority of the
1451
county service area to reorganize the county service area as a regional service area to the district
1452
court in the county where the regional service area is located.
1453
(b) If that appeal is not filed within 30 days after the effective date of the resolution
1454
reorganizing the county service area as a regional service area, the reorganization shall be final and
1455
conclusive.
1456
(c) In the appeal, the district court shall affirm the reorganization unless the person
1457
challenging the reorganization establishes by clear and convincing evidence that:
1458
(i) the county service area did not qualify to reorganize as a regional service area under the
1459
criteria specified in this section; or
1460
(ii) the board of trustees of the county service area substantially failed to follow the
1461
procedural requirements of this section in reorganizing the county service area as a regional service
1462
area.
1463
Section 34.
Section
17A-2-1805
is amended to read:
1464
17A-2-1805. Body corporate -- Authority.
1465
(1) Beginning on the effective date of the resolution reorganizing a county service area as
1466
a regional service area, the regional service area shall be a body corporate and politic and a quasi-
1467
municipal public corporation.
1468
(2) The regional service area, acting through its board of trustees, shall, without in any way
1469
limiting the powers granted to regional service areas by the provisions of this part, have the
1470
following authority:
1471
(a) The right to sue and be sued.
1472
(b) The power to enter into contracts to carry out the functions of the regional service area,
1473
including the power to enter into contracts with the United States of America and any of its
1474
agencies, municipal corporations, counties, or other public corporations, county service areas or
1475
districts, or any other political subdivision of the state, including any entity created under [the]
1476
Title 11, Chapter 13, Interlocal Cooperation Act, (and any county, municipal or other public
1477
corporation, or political subdivision shall have the power to enter into contracts with regional
1478
service areas organized under this part).
1479
(c) The regional service area, the county, and any municipality lying in whole or in part
1480
within the boundaries of the regional service area, are encouraged to coordinate and cooperate with
1481
one another regarding such matters as traffic control and planning and zoning approvals in the
1482
vicinity of facilities owned or operated by the regional service area, signs approaching or on
1483
property owned or operated by the regional service area, approvals for mass gatherings for special
1484
events, and security and crowd control at facilities owned or operated by the regional service area.
1485
This coordination and cooperation may take the form of one or more interlocal cooperation
1486
agreements. Any bond obligations of a legal or administrative entity created under the Utah
1487
Interlocal Cooperation Act with which a regional service area may contract as provided in this
1488
section may not be counted as an obligation of the regional service area for purposes of this part.
1489
(d) The power to impose and collect charges or fees for any commodities, services, or
1490
facilities afforded by the regional service area to its customers and to pledge all or any part of the
1491
revenues so derived to the payment of any bonds of the regional service area, whether the bonds
1492
are issued as revenue bonds or as general obligations of the regional service area. Where revenue
1493
bonds are issued payable solely from the revenues of commodities, services, and facilities, the fees
1494
and charges imposed shall always be sufficient to carry out the provisions of the resolution
1495
authorizing the bonds. The board of trustees may act and adopt the regulations necessary to assure
1496
the collection and enforcement of all fees and charges imposed. Any of the commodities, services,
1497
and facilities furnished to a consumer by the regional service area may be suspended if any fees
1498
and charges due the regional service area are not paid in full when due. Higher fees may be
1499
charged for services provided to participants who reside outside the boundaries of the regional
1500
service area.
1501
(e) The power to sell, lease, mortgage, encumber, or otherwise dispose of any properties
1502
owned by the regional service area under the terms and conditions approved by the board of
1503
trustees.
1504
(f) The power to own any property or property interests approved by the board of trustees
1505
to carry out the purposes of the regional service area and the power to acquire the same by
1506
purchase, lease, gift, devise, bequest, or any other lawful means.
1507
(g) The power to exercise all powers of eminent domain possessed by counties in the
1508
manner provided by law for the exercise of eminent domain power by counties.
1509
(h) The right to employ officers, employees, consultants, and agents, including attorneys,
1510
accountants, engineers, and fiscal agents, and to fix their compensation.
1511
(i) The power to cause to be levied taxes on all taxable property in the regional service area
1512
as provided in this part.
1513
(j) The right to set meeting times.
1514
(k) The right to adopt an official seal.
1515
(l) The right to adopt bylaws and regulations for the conduct of its business.
1516
(m) The right to operate under a trade name or an assumed name.
1517
(n) The right to establish a fiscal year, beginning either on January 1 or July 1.
1518
(o) Other rights and powers as are reasonably necessary for the efficient operation of the
1519
regional service area or to undertake any lawful activity, including all the rights, powers, and
1520
authority of the former county service area, and the authority to provide all the services and
1521
facilities that were provided by the former county service area.
1522
Section 35.
Section
17A-3-209
is amended to read:
1523
17A-3-209. Payment of contracts -- Progress payments -- Retainage.
1524
(1) (a) Any contract for work in any special improvement district and any contract for the
1525
purchase or exchange of property necessary to be acquired in order to make improvements in any
1526
special improvement district may provide that the contract price or property price shall be paid,