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H.B. 349
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POLITICAL SUBDIVISIONS - FEE
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INCREASE PERIODS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Chad E. Bennion
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AN ACT RELATING TO COUNTIES, THE UTAH MUNICIPAL CODE, AND SPECIAL
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DISTRICTS; IMPOSING RESTRICTIONS ON WHEN COUNTIES, CITIES, TOWNS, AND
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CERTAIN SPECIAL DISTRICTS MAY IMPOSE OR INCREASE A FEE FOR A SERVICE;
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AND MAKING TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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10-3-717, as enacted by Chapter 48, Laws of Utah 1977
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10-8-22, Utah Code Annotated 1953
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17A-1-412, as last amended by Chapter 145, Laws of Utah 1997
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17A-1-448, as enacted by Chapter 221, Laws of Utah 1998
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ENACTS:
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10-5-109.5, Utah Code Annotated 1953
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10-6-118.5, Utah Code Annotated 1953
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17-36-15.5, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-3-717
is amended to read:
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10-3-717. Purpose of resolutions.
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(1) Unless otherwise required by law, [the governing] a municipal legislative body may
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exercise all administrative powers by resolution including[, but not limited to: (1)]:
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(a) subject to Section
10-5-109.5
for a town and Section
10-6-118.5
for a city:
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(i) establishing water and sewer rates; [(2)] and
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(ii) charges for garbage collection and fees charged for municipal services; [(3)]
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(b) establishing personnel policies and guidelines; and [(4)]
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(c) regulating the use and operation of municipal property.
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(2) Punishment, fines or forfeitures may not be imposed by resolution.
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Section 2.
Section
10-5-109.5
is enacted to read:
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10-5-109.5. Imposing a new fee or increasing an existing fee -- Required to be in
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budget.
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A town may not impose a new fee or increase an existing fee for a service it provides or
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intends to provide unless the fee imposition or increase is proposed and adopted as part of the
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process under this chapter of proposing and adopting the town budget.
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Section 3.
Section
10-6-118.5
is enacted to read:
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10-6-118.5. Imposing a new fee or increasing an existing fee -- Required to be in
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budget.
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A city may not impose a new fee or increase an existing fee for a service it provides or
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intends to provide unless the fee imposition or increase is proposed and adopted as part of the
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process under this chapter of proposing and adopting the city budget.
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Section 4.
Section
10-8-22
is amended to read:
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10-8-22. Water rates.
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[They] Subject to Section
10-6-118.5
, the legislative body of a city may fix the rates to be
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paid for the use of water furnished by the city.
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Section 5.
Section
17-36-15.5
is enacted to read:
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17-36-15.5. Imposing a new fee or increasing an existing fee -- Required to be in
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budget.
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A county may not impose a new fee or increase an existing fee for a service it provides or
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intends to provide unless the fee imposition or increase is proposed and adopted as part of the
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process under this chapter of proposing and adopting the county budget.
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Section 6.
Section
17A-1-412
is amended to read:
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17A-1-412. Hearing to consider adoption.
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(1) At the meeting at which the tentative budget is adopted, the governing body shall
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establish the time and place of a public hearing to consider its adoption and shall order that notice
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of the hearing be published at least seven days prior to the hearing in at least one issue of a
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newspaper of general circulation published in the county or counties in which the district is
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located. If no newspaper is published, the notice required by this section may be posted in three
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public places within the district.
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(2) If the budget hearing is held in conjunction with a tax increase hearing, the notice shall
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be published in accordance with Sections
59-2-918
and
59-2-919
.
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(3) (a) A hearing under this section may be combined with a hearing on a proposal to
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impose a new fee or increase an existing fee under Section
17A-1-448
.
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(b) Except as provided in Subsection (2), if a hearing under this section is combined with
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a hearing under Section
17A-1-448
, the hearing and notice requirements of Section
17A-1-448
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shall prevail over conflicting provisions regarding the hearing and notice under this section and
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Section
17A-1-413
.
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Section 7.
Section
17A-1-448
is amended to read:
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17A-1-448. Imposing or increasing a fee for service provided by special district.
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(1) A special district may not impose a new fee or increase an existing fee for a service the
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special district provides or intends to provide unless the fee imposition or increase is proposed and
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adopted as part of the process under Sections
17A-1-410
through
17A-1-417
of proposing and
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adopting the special district's annual budget.
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[(1)] (2) (a) Before imposing a new fee or increasing an existing fee for a service provided
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by a special district, each special district board shall first hold a public hearing at which any
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interested person may speak for or against the proposal to impose a fee or to increase an existing
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fee.
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(b) Each public hearing under Subsection [(1)] (2)(a) shall be held in the evening
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beginning no earlier than [6:00] 6 p.m.
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(c) Except to the extent that this section imposes more stringent notice requirements, the
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special district board shall comply with Title 52, Chapter 4, Open and Public Meetings, in holding
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the public hearing under Subsection [(1)] (2)(a).
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(d) A hearing under this Subsection (2) may be combined with a budget hearing under
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Section
17A-1-413
.
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[(2)] (3) (a) Each special district board shall give notice of a hearing under Subsection [(1)]
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(2) as provided in Subsection [(2)] (3)(b) or (c).
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(b) (i) The notice required under Subsection [(2)] (3)(a) shall be published in a newspaper
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or combination of newspapers of general circulation in the special district, if there is a newspaper
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or combination of newspapers of general circulation in the special district.
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(ii) The notice shall be no less than 1/4 page in size and the type used shall be no smaller
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than 18 point, and surrounded by a 1/4-inch border.
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(iii) The notice may not be placed in that portion of the newspaper where legal notices and
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classified advertisements appear.
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(iv) It is legislative intent that, whenever possible, the advertisement appear in a newspaper
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that is published at least one day per week.
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(v) It is further the intent of the Legislature that the newspaper or combination of
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newspapers selected be of general interest and readership in the special district, and not of limited
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subject matter.
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(vi) The notice shall be run once each week for the two weeks preceding the hearing.
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(vii) The notice shall state that the special district board intends to impose or increase a
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fee for a service provided by the special district and will hold a public hearing on a certain day,
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time, and place fixed in the notice, which shall be not less than seven days after the day the first
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notice is published, for the purpose of hearing comments regarding the proposed imposition or
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increase of a fee and to explain the reasons for the proposed imposition or increase.
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(c) (i) If there is no newspaper or combination of newspapers of general circulation in the
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special district, the special district board shall post at least one notice per 1,000 population within
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the special district, at places within the special district that are most likely to provide actual notice
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to residents within the special district.
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(ii) Each notice under Subsection [(2)] (3)(c)(i) shall comply with Subsection [(2)]
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(3)(b)(vii).
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(d) Proof that notice was given as provided in Subsection [(2)] (3)(b) or (c) is prima facie
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evidence that notice was properly given.
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(e) If no challenge is made to the notice given of a hearing required by Subsection [(1)]
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(2) within 30 days after the date of the hearing, the notice is considered adequate and proper.
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[(3)] (4) After holding a public hearing under Subsection [(1)] (2), a special district board
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may, with or after the adoption of a budget under Section
17A-1-417
:
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(a) impose the new fee or increase the existing fee as proposed;
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(b) adjust the amount of the proposed new fee or the increase of the existing fee and then
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impose the new fee or increase the existing fee as adjusted; or
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(c) decline to impose the new fee or increase the existing fee.
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[(4)] (5) This section applies to each new fee imposed and each increase of an existing fee
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that occurs on or after July 1, 1998.
Legislative Review Note
as of 2-7-00 3:14 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.