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S.B. 173
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SPECIAL DISTRICT AND LOCAL DISTRICT
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GOVERNING BODY ISSUES
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: R. Mont Evans
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AN ACT RELATING TO SPECIAL DISTRICTS AND LIMITED PURPOSE LOCAL
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GOVERNMENT ENTITIES; MODIFYING PROVISIONS RELATING TO THE
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COMPOSITION, OPERATION, AND COMPENSATION OF THE BOARD OF TRUSTEES OF
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SPECIAL DISTRICTS AND ENACTING SUCH PROVISIONS FOR LOCAL DISTRICTS;
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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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17A-2-208, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-210, as last amended by Chapter 124, Laws of Utah 1996
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17A-2-219, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-305, as last amended by Chapter 154, Laws of Utah 1999
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17A-2-308, as last amended by Chapter 17, Laws of Utah 1997
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17A-2-411, as last amended by Chapter 368, Laws of Utah 1998
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17A-2-506, as last amended by Chapter 36, Laws of Utah 1997
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17A-2-509, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-511, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-512, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-514, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-529, as last amended by Chapter 322, Laws of Utah 1997
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17A-2-530, as last amended by Chapter 322, Laws of Utah 1997
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17A-2-531, as last amended by Chapter 365, Laws of Utah 1999
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17A-2-532, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-533, as last amended by Chapter 30, Laws of Utah 1992
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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-2-536, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-537, as last amended by Chapter 36, Laws of Utah 1997
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17A-2-540, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-541, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-543, 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-2-545, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-546, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-547, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-548, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-549, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-550, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-551, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-552, 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-2-555, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-556, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-560, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-561, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-563, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-566, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-609, as last amended by Chapters 5 and 273, Laws of Utah 1991
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17A-2-610, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-613, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-614, as last amended by Chapter 322, Laws of Utah 1997
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17A-2-615, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-617, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-618, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-619, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-622, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-703, as last amended by Chapter 146, Laws of Utah 1994
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17A-2-704, as last amended by Chapter 146, Laws of Utah 1994
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17A-2-705, as last amended by Chapter 146, Laws of Utah 1994
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17A-2-706, as last amended by Chapter 273, Laws of Utah 1991
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17A-2-707, as last amended by Chapter 273, Laws of Utah 1991
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17A-2-711, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-712, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-714, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-715, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-716, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-718, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-719, as last amended by Chapter 10, Laws of Utah 1997
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17A-2-720, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-721, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-723, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-724, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-726, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-727, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-728, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-731, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-732, as last amended by Chapter 322, Laws of Utah 1997
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17A-2-733, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-740, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-741, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-742, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-743, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-744, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-745, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-746, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-747, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-748, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-749, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-750, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-751, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-752, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-754, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-756, as last amended by Chapter 299, Laws of Utah 1995
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17A-2-757, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-758, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-759, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-760, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-761, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-767, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-768, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-801, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-802, 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-2-819, as last amended by Chapter 10, Laws of Utah 1997
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17A-2-820, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-821, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-824, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-825, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-827, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-828, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-829, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-830, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-831, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-834, as last amended by Chapter 199, Laws of Utah 1995
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17A-2-835, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-836, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-840, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-841, as last amended by Chapter 322, Laws of Utah 1997
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17A-2-842, as last amended by Chapter 322, Laws of Utah 1997
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17A-2-843, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-845, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-847, as last amended by Chapter 199, Laws of Utah 1995
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17A-2-849, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-850, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-907, as last amended by Chapter 250, Laws of Utah 1999
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17A-2-1016, as last amended by Chapter 365, Laws of Utah 1999
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17A-2-1038, as last amended by Chapter 266, Laws of Utah 1997
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17A-2-1039, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1040, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1044, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-1048, as last amended by Chapter 368, Laws of Utah 1998
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17A-2-1049, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1050, as last amended by Chapter 298, Laws of Utah 1997
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17A-2-1051, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1052, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1054, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1056, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1326, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-1402, as last amended by Chapter 5, Laws of Utah 1991
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17A-2-1407, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1409, as last amended by Chapter 268, Laws of Utah 1997
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17A-2-1412, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1413, as last amended by Chapter 299, Laws of Utah 1995
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17A-2-1420, as last amended by Chapter 227, Laws of Utah 1993
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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-2-1439, as last amended by Chapter 261, Laws of Utah 1996
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17A-2-1440, as last amended by Chapter 261, Laws of Utah 1996
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17A-2-1442, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1448, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1449, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1454, as enacted by Chapter 67, Laws of Utah 1990
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17A-2-1808, as enacted by Chapter 216, Laws of Utah 1995
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17B-2-203, as enacted by Chapter 368, Laws of Utah 1998
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17B-2-208, as enacted by Chapter 368, Laws of Utah 1998
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ENACTS:
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17B-2-401, Utah Code Annotated 1953
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17B-2-402, Utah Code Annotated 1953
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17B-2-403, Utah Code Annotated 1953
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17B-2-404, Utah Code Annotated 1953
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17B-2-405, Utah Code Annotated 1953
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17B-2-406, Utah Code Annotated 1953
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REPEALS:
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17A-2-209, as last amended by Chapter 124, Laws of Utah 1996
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17A-2-215, as last amended by Chapter 227, Laws of Utah 1993
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17A-2-218, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-220, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-508, as last amended by Chapter 368, Laws of Utah 1998
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17A-2-510, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-513, as renumbered and amended by Chapter 186, Laws of Utah 1990
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17A-2-1410, 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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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
17A-2-208
is amended to read:
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17A-2-208. Cemetery maintenance district board of trustees -- Appointment -- Other
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provisions applicable.
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(1) [There] Each cemetery maintenance district shall be [three cemetery maintenance
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commissioners in each cemetery district who shall constitute the cemetery maintenance board]
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governed by a board of trustees.
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(2) (a) The county legislative body shall appoint the first members of a cemetery
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maintenance [commissioners of the cemetery maintenance district] board of trustees according to
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the requirements of Title 17A, Chapter 1, Part 3.
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(b) The certificate of appointment shall be filed with the clerk of the county legislative
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body.
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[(3) Every cemetery maintenance commissioner shall take and subscribe the official oath,
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and shall file the oath with the county legislative body.]
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(3) (a) The provisions of Title 17B, Chapter 2, Part 4, Board of Trustees, apply to each
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cemetery maintenance district to the same extent as if the cemetery maintenance district were a
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local district under Title 17B, Chapter 2, Local Districts.
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(b) (i) If a change in the number of board of trustees members is necessary to comply with
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the requirements of Subsection
17B-2-402
(1), the board of trustees may by majority vote,
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notwithstanding Subsection
17B-2-402
(3), change the number of board members to the next odd
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number higher or lower than the number of current board members.
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(ii) If a change under Subsection (3)(b)(i) decreases the number of board members, the
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change may not take effect until the expiration of the term of the member whose term next expires.
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(c) If a change in the length or expiration date of the term of a board of trustees member
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is necessary to comply with the requirements of Subsection
17B-2-403
(2), the change may not take
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effect until the expiration of the term of the member whose term length or expiration date is to be
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changed.
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Section 2.
Section
17A-2-210
is amended to read:
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17A-2-210. Appointments to fill.
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[(1)] All vacancies on the cemetery maintenance board shall be filled by the county
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legislative body by following the procedures and requirements of Section
17A-1-303
.
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[(2) (a) The board members shall:]
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[(i) assume their duties at noon on the first Monday in January;]
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[(ii) serve without compensation, but be reimbursed for their actual and necessary
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expenses; and]
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[(iii) take and subscribe to the official oath.]
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[(b) The subscribed oath shall be filed with the county legislative body.]
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Section 3.
Section
17A-2-219
is amended to read:
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17A-2-219. Acquisition and possession of property -- Legal title.
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The legal title to all property acquired under the provisions of this part shall immediately
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and by operation of law, vest in such cemetery maintenance district and shall be held by such
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district in trust for and is dedicated and set aside to the uses and purposes set forth in this part.
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[Said board is authorized and empowered to hold, use, acquire, manage, occupy and possess said
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property as herein provided and to institute and maintain any and all actions and proceedings, suits
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at law or in equity or to enforce, maintain, protect or preserve any and all rights, privileges and
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immunities created by this part or acquired in pursuance thereof. In all courts, actions, suits or
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proceedings, the said board may sue, appear and defend, in person or by attorney and in the manner
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of such cemetery maintenance district.]
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Section 4.
Section
17A-2-305
is amended to read:
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17A-2-305. Board of trustees -- Creation -- Appointment and election of members
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-- Qualifications.
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(1) (a) Except as provided in Subsection (3) and Section
17A-2-327
, the governing body
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of each district created under this part, except a district that has boundaries that coincide with the
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boundaries of an incorporated municipality, shall consist of a board of trustees created as provided
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in this Subsection (1).
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(b) (i) [Whenever] If a district is created that does not include property within the
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boundaries of an incorporated municipality, the county legislative body of the initiating county
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may, in the initial resolution creating the district, declare that the county legislative body of that
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county act as the trustees of the district.
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(ii) When the county legislative body of the county is designated as the trustees of the
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district, they may:
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(A) exercise all the powers, authority, and responsibility vested in the trustees under this
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chapter; and
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(B) use any existing county offices, officers, or employees for the purposes of the district.
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(iii) The county legislative body shall charge the district a reasonable amount for the
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services rendered to the district by the county officers, offices, and employees, other than the
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county legislative body, to the county treasurer for the general fund of the county.
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(c) (i) At any time after creation of [any] a district under [the provisions of this subsection]
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this part, the county legislative body of the initiating county may by resolution determine that the
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interests of the district would be best served by the appointment of a board of trustees.
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(ii) The trustees shall be appointed by the county legislative body according to the
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procedures and requirements of Chapter 1, Part 3, Special District Board Selection Procedures.
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(d) The county legislative body shall hold an election for trustees as provided in Chapter
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1, Part 3, Special District Board Selection Procedures, when:
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(i) a petition requesting an election for trustees is filed with the county legislative body at
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least 30 days before the date set for a bond election or 90 days before the date set for the November
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municipal elections; and
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(ii) the petition is signed by at least 10% of the people eligible to vote on a bond issue in
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[any] the district [created under this part].
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(2) In the resolution creating the district, the county legislative body of the initiating
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county may appoint a board of trustees according to the procedures and requirements of Chapter
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1, Part 3, Special District Board Selection Procedures, to serve until the election and qualification
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of the successors as provided in this part.
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(3) (a) If the district is created for the purpose of providing electric service, the
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requirements of this Subsection (3) supersede any contrary provision in this part.
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(i) The initial board of trustees may be appointed by the county legislative body until the
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election and qualification of successors as provided in this Subsection (3).
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(ii) The board of trustees shall subsequently be elected by the persons using electricity
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within the district.
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(iii) In addition to the qualifications enumerated in this section, each member of the board
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of trustees shall be a resident of the district and a user of electricity from the district.
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(iv) The board of trustees may be elected according to geographic areas within the district.
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(v) A municipality within the district is not entitled to automatic representation on the
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board of trustees.
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(b) All proceedings that have taken place in connection with the organization of the board
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of trustees of an electric service district are considered valid and binding despite any failure to
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comply with the provisions of this section if the electric service district was created or purported
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to be created under this part before April 28, 1986.
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(c) The county legislative body of the initiating county may, in the initial resolution
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creating an electric service district, set the boundaries of the geographic areas which each trustee
277
will represent [and the number of members who may serve on the board of trustees].
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[(d) The board of trustees may not consist of less than three or more than nine members.]
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(4) (a) (i) Each incorporated municipality that is contained entirely within, but does not
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coincide with, the boundaries of the district [may request the county legislative body to appoint
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to the board one member who is a resident of the municipality] shall be represented on the board
282
as provided in this Subsection (4)(a).
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(ii) The legislative body of [the] each municipality or, if municipalities are combined under
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Subsection (4)(a)(iii)(B), the legislative bodies of those combined municipalities, shall appoint
285
[that] a member by following the procedures and requirements of Chapter 1, Part 3, Special
286
District Board Selection Procedures.
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(iii) (A) [If] Except as provided in Subsection (4)(a)(iii)(B) and subject to Subsection
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17B-2-402
(1), if two or more incorporated municipalities are entitled to representation on the
289
board of trustees, the number of members of the board of trustees shall be increased to the lowest
290
odd number greater than the number of those municipalities.
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(B) If the number of municipalities plus the number of board members under Subsection
292
(4)(b) exceeds nine, then the number of trustees shall be nine and the least populated
293
municipalities shall be combined for purposes of representation to the extent necessary to result
294
in nine trustees.
295
[(B)] (b) (i) Except as provided in Subsection (4)[(a)(iii)(C)](b)(ii), the members of the
296
board of trustees who are not appointed from a municipality under Subsections (4)(a)(i) and (ii)
297
shall reside within the district but outside the boundaries of each municipality that has the right to
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appoint a member to the board of trustees.
299
[(C)] (ii) Notwithstanding Subsection (4)[(a)(iii)(B)](b)(i), if the population in the
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unincorporated part of the district is less than 5% of the total district population, the members of
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the board of trustees who are not appointed from a municipality under Subsections (4)(a)(i) and
302
(ii) shall be chosen from the district at large.
303
[(b)] (c) (i) If the boundaries of the newly created district coincide with the boundaries of
304
an incorporated municipality, the legislative body of the municipality shall be the board of trustees
305
for the district.
306
(ii) When the municipal legislative body serves as the board of trustees:
307
(A) they shall maintain separate minutes, accounts, and other records of the affairs of the
308
district;
309
(B) they may use the existing facilities and personnel of the municipality to administer
310
district affairs;
311
(C) notwithstanding Subsections
17B-2-403
(1) and (2), their terms coincide with their
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terms as officials of those municipalities; and
313
(D) they represent the district at large.
314
[(c)] (d) If there is no elected board of trustees for the unincorporated county at the time
315
of the first bond election, election of members of the board of trustees who are not appointed as
316
representatives of municipalities shall be held at the time the bond election is held.
317
[(d)] (e) Candidates for election to the board of trustees shall be taxpayers and qualified
318
voters in the district.
319
[(e)] (f) Subject to Subsection (4)(a)(iii)(C), a registered voter in the district outside of an
320
incorporated municipality that has the right to appoint a member to the board of trustees may file
321
a signed statement announcing as a candidate to be one of the first elected trustees of the district
322
with the county clerk within 30 days after the board of trustees has entered an order calling the
323
bond election, but not less than 15 days before the election.
324
[(f)] (g) The board of trustees, in calling the bond election, shall provide a separate ballot,
325
if required, that contains the names of the candidates and blanks in which the voters may write in
326
additional names.
327
[(g)] (h) Each voter at the election may vote for three persons, or a lesser number qualified
328
to represent the area outside the corporate limits of any incorporated municipality that has the right
329
to appoint a member to the board of trustees, if some members of the board of trustees of the
330
improvement district are appointed by a municipality or incorporated area.
331
[(h)] (i) The three persons, or a lesser number qualified as provided in this section,
332
receiving the highest number of votes at the election are members of the board of trustees, together
333
with those members appointed by an incorporated municipality.
334
[(i)] (j) As a member of the board of trustees, each representative may vote on all
335
questions, orders, resolutions, and ordinances coming before the board.
336
[(j) (i) The members of the first board of trustees shall serve for two and four year terms
337
from the first Monday of the next January following the first election held in the district.]
338
[(ii) Initial terms shall be selected by lot, and shall be apportioned so that, as nearly as
339
possible, 1/2 of the board will serve for two years and 1/2 for four years.]
340
[(k) After the first election, except for appointments made to fill unexpired terms, the term
341
of each member shall be four years and until his successor is elected and qualified.]
342
[(l)] (k) In voting on the election of trustees, all qualified voters in the district outside the
343
corporate limits of any incorporated municipality that has the right to appoint a member to the
344
board of trustees may vote.
345
[(m)] (l) Following the election or appointment of the first trustees, any elected trustee
346
shall be elected according to the procedures and requirements of Chapter 1, Part 3, Special District
347
Board Selection Procedures.
348
[(n) Each trustee shall:]
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[(i) take office on the first Monday of the January after his election;]
350
[(ii) take the oath of office; and]
351
[(iii) give the bond required by law for members of the county legislative body.]
352
[(o) The trustees initially appointed shall:]
353
[(i) meet immediately after their appointment;]
354
[(ii) qualify as trustees;]
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[(iii) elect one of their members as chairman; and]
356
[(iv) appoint a clerk and a treasurer.]
357
Section 5.
Section
17A-2-308
is amended to read:
358
17A-2-308. Board of trustees -- Other provisions applicable -- No compensation to
359
county legislative body -- Audit -- Budget.
360
[(1) (a) Except for the levy of taxes, and for the powers and duties expressly vested in the
361
county legislative body in this part, the board of trustees shall exercise all powers and duties in the
362
operation of the properties of the district as are ordinarily exercised by the governing body of a
363
political subdivision.]
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[(b) The board of trustees shall:]
365
[(i) fix its domicile;]
366
[(ii) set a regular meeting time;]
367
[(iii) select and have an official seal made; and]
368
[(iv) either require all officers and employees who are charged with the handling of any
369
district funds to provide surety bonds or provide a blanket surety bond to cover all those officers
370
and employees.]
371
[(c) The board of trustees may:]
372
[(i) adopt regulations and bylaws for the orderly operation of the district;]
373
[(ii) employ agents and employees for the operation of the properties of the district;]
374
[(iii) sue and be sued;]
375
[(iv) enter into all contracts for the benefit of the district; and]
376
[(v) generally do all things and perform or cause to be performed all acts that are necessary
377
or desirable in the conduct of its affairs and in the operation of the properties of the district.]
378
[(2) (a) Except as provided in Subsection (b), each trustee shall receive total compensation
379
of not more than $2,500 per year, as determined by the board of trustees.]
380
(1) (a) Except as provided in Section
17A-2-327
, the provisions of Title 17B, Chapter 2,
381
Part 4, Board of Trustees, apply to each county improvement district to the same extent as if the
382
county improvement district were a local district under Title 17B, Chapter 2, Local Districts.
383
(b) (i) If a change in the number of board of trustees members is necessary to comply with
384
the requirements of Subsection
17B-2-402
(1), the board of trustees may by majority vote,
385
notwithstanding Subsection
17B-2-402
(3), change the number of board members to the next odd
386
number higher or lower than the number of current board members.
387
(ii) If a change under Subsection (1)(b)(i) decreases the number of board members, the
388
change may not take effect until the expiration of the term of the member whose term next expires.
389
(c) If a change in the length or expiration date of the term of a board of trustees member
390
is necessary to comply with the requirements of Subsection
17B-2-403
(2), the change may not take
391
effect until the expiration of the term of the member whose term length or expiration date is to be
392
changed.
393
[(b)] (2) When the county legislative body acts as the board of trustees, they may not
394
receive any compensation.
395
[(c) The district shall reimburse the trustees for actual and necessary traveling and other
396
expenses incurred in the performance of their duties.]
397
[(3) (a) At any meeting of the board, the presence of the trustees entitled to cast a majority
398
of all votes entitled to be cast by the entire board of trustees is necessary for a quorum.]
399
[(b) All meetings of the board are public.]
400
[(c) The clerk shall keep a proper record of all proceedings of the board, which is open to
401
public inspection.]
402
[(d)] (3) The accounts of the district are subject to periodic audits provided by law for the
403
auditing of county accounts.
404
[(4)] (4) The board of trustees shall annually prepare and adopt a budget by following the
405
procedures and requirements of Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for
406
Special Districts Act.
407
Section 6.
Section
17A-2-411
is amended to read:
408
17A-2-411. Board of trustees -- Selection procedures -- Surety bonds -- Other
409
provisions applicable.
410
(1) Each service area authorized under this part shall be governed by a board of trustees
411
[consisting of three or more members created as provided in this section].
412
(2) (a) Upon the creation of a county service area, the county legislative body may adopt
413
an ordinance declaring that the county legislative body of the county shall act as the trustees of the
414
service area.
415
(b) Upon passage of the ordinance, the county legislative body of the county shall act as
416
trustees of the service area with all the powers, authority, and responsibility vested in the trustees
417
under this part.
418
(c) (i) The county legislative body, when acting as trustees, may use any existing county
419
offices, officers, or employees for the purposes of the service area.
420
(ii) The county legislative body shall charge costs of those services to the service area and
421
require them to be paid to the county treasurer for the general fund of the county.
422
(3) At any time after the creation of a board of trustees as provided in Subsection (1), if
423
no elected board has been established as provided in this section, the county legislative body of
424
the county in which the service area is located may:
425
(a) by ordinance, delegate its powers to an appointed or elected board of trustees as
426
provided in Chapter 1, Part 3, Special District Board Selection Procedures; and
427
(b) provide for the appointment or election of the board by following the procedures and
428
requirements of Chapter 1, Part 3, Special District Board Selection Procedures.
429
(4) At any time after the creation of a board of trustees as provided in Subsections (2) and
430
(3), the county legislative body shall hold an election for trustees by following the procedures and
431
requirements of Chapter 1, Part 3, Special District Board Selection Procedures, if:
432
(a) the county legislative body receives a petition requesting that an election for trustees
433
be held that is:
434
(i) signed by at least 10% of persons eligible to vote in an election in a service area
435
authorized under this part; and
436
(ii) filed with the county legislative body at least 30 days before the date set for a bond
437
election or 90 days before the date set for any municipal election; or
438
(b) territory located within a municipality is annexed into the county service area under
439
Section
17A-2-417
.
440
(5) (a) If there is no elected board of trustees at the time of the first bond election, trustees
441
shall be elected in conjunction with that bond election.
442
(b) Candidates for election to the board of trustees shall be taxpayers and qualified voters
443
in the service area.
444
(c) At any time within 30 days after the county legislative body has called a bond election,
445
but not less than 15 days before the day of election, any person who is qualified to vote in the
446
service area may file a signed statement with the county clerk announcing the person's candidacy
447
to be one of the first elected trustees of the service area.
448
(d) The board of trustees shall provide a ballot separate from the bond ballot that contains
449
the names of the candidates and blanks in which the voters may write in additional names.
450
(e) A voter at the election may vote for the number of trustee positions to be filled.
451
(f) The persons receiving the highest number of votes at the election are members of the
452
board of trustees.
453
[(6) (a) Members of the first board of trustees shall serve for two and four year terms,
454
beginning on the first Monday in January after the election.]
455
[(b) Initial terms shall be selected by lot and shall be apportioned so that, whenever
456
possible, equal numbers of the board will serve for two years and four years.]
457
[(c) After the first election, except for appointments made to fill unexpired terms, the term
458
of each member is four years.]
459
[(7)] (6) (a) Each member of the board of trustees may vote on all questions, orders,
460
resolutions, and ordinances coming before the board.
461
(b) [Each trustee shall receive total compensation of not more than $2,500 per year as
462
determined by the board of trustees, except that when] Notwithstanding Section
17B-2-404
, if the
463
county legislative body acts as the board of trustees, no compensation may be paid to them as
464
trustees.
465
(c) Each trustee who is also a member of the county legislative body shall take the oath
466
of office and shall give the bond that is required by law for members of the county legislative body.
467
[(d) All laws pertinent to the giving and filing of oaths and bonds for members of the
468
county legislative body apply to the trustees.]
469
[(e) Trustees who are not members of the county legislative body shall take the oath of
470
office and shall give a bond in the amount, and with the sureties, prescribed by the county
471
legislative body.]
472
[(8)] (7) All qualified voters in the service area may vote in elections to select trustees and
473
in elections to approve the issuance of bonds.
474
[(9) (a)] (8) Following the election or appointment of the first trustees, each elected trustee
475
shall be elected according to the procedures and requirements of Chapter 1, Part 3, Special District
476
Board Selection Procedures.
477
[(b) Each trustee shall take office on the first Monday in January following the trustee's
478
election.]
479
[(10) Within a reasonable time after their appointment, the trustees shall meet and elect
480
one of their members as chairman and shall appoint a clerk and a treasurer, or a clerk-treasurer.]
481
[(11)] (9) Each vacancy of an elected trustee in office shall be filled according to the
482
procedures and requirements of Chapter 1, Part 3, Special District Board Selection Procedures.
483
(10) (a) The provisions of Title 17B, Chapter 2, Part 4, Board of Trustees, apply to each
484
county service area to the same extent as if the county service area were a local district under Title
485
17B, Chapter 2, Local Districts.
486
(b) (i) If a change in the number of board of trustees members is necessary to comply with
487
the requirements of Subsection
17B-2-402
(1), the board of trustees may by majority vote,
488
notwithstanding Subsection
17B-2-402
(3), change the number of board members to the next odd
489
number higher or lower than the number of current board members.
490
(ii) If a change under Subsection (10)(b)(i) decreases the number of board members, the
491
change may not take effect until the expiration of the term of the member whose term next expires.
492
(c) If a change in the length or expiration date of the term of a board of trustees member
493
is necessary to comply with the requirements of Subsection
17B-2-403
(2), the change may not take
494
effect until the expiration of the term of the member whose term length or expiration date is to be
495
changed.
496
Section 7.
Section
17A-2-506
is amended to read:
497
17A-2-506. Corporate status -- Board of supervisors.
498
(1) A drainage district is a body corporate and politic with the right to sue and be sued, to
499
have perpetual succession, and to adopt and use a corporate seal.
500
(2) The board of [supervisors] trustees shall lay out and construct the work found by the
501
county legislative body, in connection with its review of the original petition proposing
502
organization of the drainage district, to be necessary or useful for the drainage of lands in the
503
district, and shall levy a tax upon the lands in the drainage district, subject to the approval of the
504
county legislative body, as provided in this part.
505
(3) The board of [supervisors] trustees and their successors in office shall[: (a)] constitute
506
the corporate authorities of the drainage district[;].
507
[(b) exercise the functions conferred upon them by law;]
508
[(c) be entitled to enter immediately upon the duties of their respective offices upon
509
qualifying in accordance with law; and]
510
[(d) hold such offices, respectively, until their successors are appointed and have
511
qualified.]
512
(4) (a) The provisions of Title 17B, Chapter 2, Part 4, Board of Trustees, apply to each
513
drainage district to the same extent as if the drainage district were a local district under Title 17B,
514
Chapter 2, Local Districts.
515
(b) (i) If a change in the number of board of trustees members is necessary to comply with
516
the requirements of Subsection
17B-2-402
(1), the board of trustees may by majority vote,
517
notwithstanding Subsection
17B-2-402
(3), change the number of board members to the next odd
518
number higher or lower than the number of current board members.
519
(ii) If a change under Subsection (4)(b)(i) decreases the number of board members, the
520
change may not take effect until the expiration of the term of the member whose term next expires.
521
(c) If a change in the length or expiration date of the term of a board of trustees member
522
is necessary to comply with the requirements of Subsection
17B-2-403
(2), the change may not take
523
effect until the expiration of the term of the member whose term length or expiration date is to be
524
changed.
525
Section 8.
Section
17A-2-509
is amended to read:
526
17A-2-509. Board to appoint engineer -- Contract with United States -- Eminent
527
domain -- Power to obtain water.
528
[Within 30 days after their appointment and qualification, the supervisors shall meet and
529
organize as a board, and elect a president, a secretary and a treasurer from among their own
530
number. Each of such officers shall hold office during the pleasure of the board. The board of
531
supervisors]
532
(1) The board of trustees shall appoint a competent engineer and fix [his compensation and
533
shall have power to adopt a code of bylaws governing the conduct of the business and affairs of
534
the district as a corporation in connection with its association with individuals and corporations
535
in and outside of the district, and regulating the use by outsiders of its drainage system. It shall
536
also have the power to make and execute all necessary contracts, to employ and appoint such
537
agents, officers and employees as may be required, prescribe their duties, and generally to perform
538
such acts as shall be necessary fully to carry out the purposes of this part. The board shall also have
539
power to invest the funds accumulated for the purpose of retiring bonds, in government bonds,
540
bonds of the state of Utah, or of the public schools of Utah. The board shall also have power to]
541
the engineer's compensation.
542
(2) The board may enter into any obligation or contract with the United States under any
543
act of Congress now enacted, or which may hereafter be enacted, and the rules and regulations
544
established thereunder, for the construction or operation and maintenance of the drainage system,
545
or any drainage works, or for the assumption as principal or guarantor of indebtedness to the
546
United States on account of district lands.
547
(3) The board and its agents and employees [shall likewise have the right to] may enter
548
upon any lands to make surveys, and may locate the necessary drainage canal or canals, and the
549
necessary branches of the same, on any lands which may be [deemed] considered best for such
550
location. [It shall have the right]
551
(4) The board may also [to] acquire, on behalf of [said] the district, by purchase or
552
condemnation or other legal means, all lands and other property necessary for the construction, use,
553
maintenance, repair, and improvement of [said] a canal or canals, drains and works constructed
554
(including canals, drains, or drain ditches being constructed) by private owners, and all necessary
555
appurtenances.
556
(5) In case of necessity for condemnation proceedings the board shall proceed in the
557
corporate name of the district under the provisions of the law relating to eminent domain.
558
(6) Drainage districts organized under the provisions of this part may appropriate water
559
for useful and beneficial purposes, may regulate and control, for the benefit of the landholders
560
within the district, all water developed, appropriated, or owned by it, and may appropriate, use,
561
purchase, develop, sell and convey water and water rights in the same manner and for the same use
562
and purposes as any corporation, association, or person.
563
Section 9.
Section
17A-2-511
is amended to read:
564
17A-2-511. Duties of secretary.
565
[It shall be the duty of the]
566
The secretary [to] shall:
567
(1) attend meetings of the board[, to];
568
(2) keep an accurate journal of its proceedings[, to];
569
(3) have the care and custody of its records and papers not otherwise provided for[, to];
570
and
571
(4) countersign warrants drawn upon the treasurer[, and to prepare and submit to the board
572
an annual statement, under oath, of receipts and disbursements during the year ending December
573
31. The secretary shall receive for his services such compensation as the board of supervisors may
574
determine].
575
Section 10.
Section
17A-2-512
is amended to read:
576
17A-2-512. Qualification and duties of treasurer.
577
[The treasurer shall subscribe to the oath of office, and when required by the board of
578
supervisors shall give a bond to the district with sufficient sureties and in such sum as the board
579
may require, the oath and bond to be approved by the board and filed with its secretary. ] The
580
treasurer shall prepare and submit in writing to the board an annual and a monthly report of
581
receipts and disbursements, and pay out money only upon a warrant signed by the [president] chair,
582
and countersigned by [the secretary. He] another officer other than the treasurer. The treasurer
583
shall likewise perform such other duties as the board may require[, and shall receive for his
584
services an amount to be determined by the board].
585
Section 11.
Section
17A-2-514
is amended to read:
586
17A-2-514. Employment of assistants.
587
The board of [supervisors] trustees may employ such clerks and assistants as may be
588
necessary.
589
Section 12.
Section
17A-2-529
is amended to read:
590
17A-2-529. Procedure for annexation -- Petition -- Appeals by persons aggrieved --
591
Recordation and filing of order.
592
(1) A contiguous area lying contiguous to a drainage district may be annexed to the
593
drainage district as provided in this section.
594
(2) Annexation proceedings may be initiated by a petition filed with the clerk of the
595
county:
596
(a) in which the drainage district is located, if within one county; or
597
(b) in which the greatest portion of the drainage district is located, if within more than one
598
county.
599
(3) The petition under Subsection (2) shall be:
600
(a) signed by 2/3 of the owners of real property in the area proposed to be annexed and the
601
owners of at least 2/3 of the total land area within the area; and
602
(b) accompanied by an accurate plat or map of the area proposed to be annexed.
603
(4) Upon receipt of a petition under Subsection (2), the county clerk shall deliver the
604
petition to the county legislative body.
605
(5) (a) Except as provided in Subsection (10), at its next regular meeting after receipt of
606
the petition the county legislative body shall fix a time and place for the hearing of the petition.
607
(b) (i) Except as provided in Subsection (10), the county legislative body shall give notice
608
of the hearing by:
609
(A) serving a copy of the notice, map, and petition upon the board of [supervisors] trustees
610
of the drainage district at least 15 days prior to the time set for the hearing; and
611
(B) publishing the notice at least once each week for two consecutive weeks in a
612
newspaper having general circulation in the county or counties in which such drainage district is
613
situated.
614
(ii) The first publication of the notice under Subsection (5)(b)(i) shall not be less than 15
615
days nor more than 30 days prior to the date set for the hearing.
616
(iii) The notice shall state generally the nature of the petition, the purpose of the hearing,
617
the time and place when the county legislative body shall hear the petition, and that any owner of
618
real property within the drainage district may appear and oppose the petition.
619
(6) (a) At the hearing of the petition:
620
(i) the petitioners or any interested party may appear in support of the petition;
621
(ii) the board of [supervisors] trustees or any landowner within the drainage district may
622
appear and oppose the petition; and
623
(iii) the petitioners and contestants may offer any competent evidence in regard to the
624
petition.
625
(b) The county legislative body may adjourn the hearing from time to time not exceeding
626
four weeks.
627
(c) The county legislative body shall:
628
(i) hear and determine whether the petition contains the signatures of 2/3 of the owners of
629
real property within the area sought to be annexed and the owners of at least 2/3 of the total land
630
area within the area sought to be annexed; and
631
(ii) hear all competent evidence offered for or against the petition.
632
(7) (a) If the county legislative body, after hearing all competent evidence offered for and
633
against the petition, finds that the petition has not been signed as required in this section, or that
634
it would be inequitable to the landowners within the drainage district to permit such annexation,
635
the county legislative body shall dismiss the petition at the cost of the petitioners.
636
(b) If the county legislative body finds that the petition has been signed as required in this
637
section and that the annexation will not be inequitable to the landowners within the drainage
638
district, the county legislative body shall so find.
639
(c) After hearing all of the evidence offered for or against the petition, the county
640
legislative body shall determine whether or not the area shall be annexed to the drainage district
641
and shall so order.
642
(d) The county legislative body's findings and order shall be conclusive upon the owners
643
of real property within the area that they have assented to the inclusion of their property within the
644
boundaries of the drainage district and that they have accepted all the provisions of this part.
645
(e) (i) Except as provided in Subsection (7)(e)(ii), the county legislative body, in making
646
an order annexing an area to the drainage district, may make such changes in the proposed new
647
boundaries of the drainage district caused by the annexation as the county legislative body
648
considers proper.
649
(ii) Notwithstanding Subsection (7)(e)(i), the county legislative body may not modify the
650
new boundaries so as to exclude any land included in the new boundaries which is susceptible to
651
drainage by the system of drainage works applicable to the other lands annexed to the district
652
pursuant to the petition.
653
(8) (a) Any person aggrieved by an order of annexation may, at any time within 30 days
654
after the entry of the order, appeal to the district court of the county in which the district is situated.
655
(b) The procedure in an appeal shall conform to the Civil Code as nearly as may be.
656
(9) (a) The county legislative body shall:
657
(i) cause a copy of the order of annexation, duly certified, to be filed for record in the
658
office of the county recorder of each county in which any portion of the annexed area is situated;
659
and
660
(ii) immediately file a copy of the order of annexation with the county clerk of each county
661
in which any portion of the district lies.
662
(b) Upon the recording and filing of the order of annexation, the area annexed shall be a
663
part of the drainage district.
664
(10) (a) Notwithstanding Subsections (5), (6), and (7), the county legislative body shall
665
order the area annexed to the drainage district if:
666
(i) the petition filed under Subsection (2) contains the signatures of all the owners of real
667
property within the area proposed to be annexed; and
668
(ii) the county legislative body determines that the petition is supported by the board of
669
[supervisors] trustees of the drainage district.
670
(b) The determination of owners under Subsection (10)(a)(i) shall be according to the last
671
assessment roll for county taxes completed prior to the filing of the petition under Subsection (2).
672
Section 13.
Section
17A-2-530
is amended to read:
673
17A-2-530. Viewing of annexed land by board of trustees -- Assessment for taxation
674
-- Board of equalization -- Hearing -- Notice -- Lien for taxes.
675
(1) The board of [supervisors] trustees shall, as soon as practicable after the recording of
676
the order of annexation:
677
(a) view each tract of land so annexed to the district;
678
(b) carefully consider all the damages and benefits that each particular tract of land shall
679
receive from the annexation to the drainage district and from the construction and maintenance of
680
such drainage system; and
681
(c) assess each tract of land in accordance with the benefits to be received by it, making
682
proper allowance for damage, if there be any.
683
(2) After the assessment under Subsection (1) is made, the secretary of the board of
684
[supervisors] trustees shall transmit the assessment to the county legislative body.
685
(3) (a) The county legislative body shall:
686
(i) at its next regular meeting fix a time and place where it shall sit as a board of
687
equalization and equalize and determine the benefits and taxes to be assessed against the land; and
688
(ii) except as provided in Subsection (3)(b), publish a notice of the board of equalization
689
hearing at least once each week for two consecutive weeks in a newspaper having general
690
circulation in the county or counties where the drainage district is situated.
691
(b) If the annexation resulted from a petition signed by all the owners of real property
692
within the annexed area whose addresses were included in the petition, the county legislative body
693
may, in lieu of the notice under Subsection (3)(a)(ii), give notice of the board of equalization
694
hearing by mailing a copy of the notice to each owner of real property at the address stated in the
695
petition.
696
(c) (i) The first publication of the notice required under Subsection (3)(a)(ii) shall not be
697
less than 15 days or more than 30 days prior to the date of the hearing.
698
(ii) If the residence or post office address of an owner of the lands so annexed is known,
699
the county clerk shall cause a copy of the notice and a copy of the proposed benefits to be sent by
700
United States mail to the landowner at least 15 days prior to the time fixed for the hearing.
701
(d) The notice shall state generally the purpose of the hearing and the time and place where
702
the county legislative body shall meet as a board of equalization to hear and determine any
703
complaint against the assessments.
704
(4) (a) The county legislative body, at the time and place stated in the notice, shall sit as
705
a board of equalization and shall make and determine the benefits to be assessed against each tract
706
of annexed land.
707
(b) The assessment of benefits shall be added to and made a part of the benefit assessment
708
roll of the drainage district, and thereafter:
709
(i) all such lands, easements, or interests in land shall be assessed in accordance with the
710
assessment roll; and
711
(ii) such assessment roll of benefits and taxes shall be the basis of a lien upon the parcels
712
of land or interest in land as thus equalized for all district purposes and indebtedness.
713
Section 14.
Section
17A-2-531
is amended to read:
714
17A-2-531. Bids for construction -- Contracts -- Payment and performance bonds
715
-- Retainage.
716
(1) After adopting a plan and making an estimate of the cost of any drainage canal or
717
canals, drains, drain ditches, and works, the board of [supervisors] trustees shall give notice by
718
publication for at least 20 days in at least one newspaper published or having a general circulation
719
in each of the counties comprising the district, and in any other publication they deem advisable,
720
calling for bids for the construction of such work or of any portion of it. If less than the whole
721
work is advertised, then the portion so advertised shall be particularly described in such notice.
722
Such notice shall state:
723
(a) that plans and specifications can be seen at the office of the board of [supervisors]
724
trustees;
725
(b) that the board of [supervisors] trustees will receive sealed proposals for the work;
726
(c) that the contract will be let to the lowest responsible bidder; and
727
(d) the time and place appointed for opening bids. The bids shall be opened in public, and
728
as soon as convenient thereafter the [supervisors] trustees shall let the work, either in portions or
729
as a whole, to the lowest responsible bidder, or they may reject any or all bids. Contracts for the
730
purchase of material shall be awarded to the lowest responsible bidder. Any person or persons to
731
whom a contract is awarded shall provide the board with bonds under Sections
14-1-18
and
732
63-56-38
. The work shall be done under the direction and to the satisfaction of the engineer, and
733
subject to the approval of the board of [supervisors] trustees. This section does not apply in the
734
case of any contract with the United States.
735
(2) If any payment on a contract with a private contractor for the construction of works
736
under this section is retained or withheld, it shall be retained or withheld and released as provided
737
in Section
13-8-5
.
738
Section 15.
Section
17A-2-532
is amended to read:
739
17A-2-532. Debt limitation.
740
The board of [supervisors] trustees or other officers of the district shall have no power to
741
incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express
742
provisions of this part. A debt or liability incurred in excess of provisions of this part shall be and
743
remain absolutely void, except that for the purposes of organization or for the purposes of this part
744
the board of [supervisors] trustees may, before the collection of the first annual taxes, cause
745
warrants of the district to issue, bearing interest not exceeding 8% per annum. The limit of the
746
fund for such purposes shall be an amount the equivalent of an average of $1.50 per acre
747
throughout the district, and it shall be the duty of the board of [supervisors] trustees, in the
748
preparation of the first annual budget, to make provision for the payment of all such warrants and
749
the interest thereon. To meet such expenses, or to cover delinquencies in any annual tax, or in
750
anticipation of the collection of taxes, the board of [supervisors] trustees may incur indebtedness
751
by borrowing money or otherwise, not exceeding the taxes for the current year, and as evidence
752
of such indebtedness may issue warrants or negotiable notes of the district payable in not more
753
than one year from date thereof, and bearing interest not exceeding 8% per annum. Any such
754
indebtedness permitted by this section shall in no sense be the personal obligation of the board of
755
[supervisors] trustees, but shall constitute a lien upon the lands embraced within [said] the
756
drainage district until paid.
757
Section 16.
Section
17A-2-533
is amended to read:
758
17A-2-533. Board to report -- Public hearing -- Removal from office for failure --
759
Notices.
760
(1) The board of [supervisors] trustees shall report as required in Title 17A, Chapter 1, Part
761
5.
762
(2) (a) After filing the report, the board of [supervisors] trustees shall:
763
(i) call an annual meeting of the owners of land in the district; and
764
(ii) give notice of the time and place of the meeting by posting notices in four different
765
public places within the district at least ten days before the holding of the annual meeting.
766
(b) The board shall:
767
(i) hold the annual meeting at the time and place stated in the notice;
768
(ii) present the budget and a report of the district's operation; and
769
(iii) conduct any other business.
770
(c) The [president] chair of the board of [supervisors] trustees shall act as [chairman] chair
771
of the annual meeting.
772
Section 17.
Section
17A-2-534
is amended to read:
773
17A-2-534. Public uses -- Right of entry on lands -- Prohibitions.
774
(1) The use of any canal, ditch, or the like, created under the provisions of this part, shall
775
be [deemed] considered a public use and for a public benefit.
776
(2) (a) The [supervisors] trustees or their representatives from the time of their
777
appointment may go upon the lands lying within [said] the district for the purpose of examining
778
the same, and making surveys, and after the organization of [said] the district and payment or
779
tender of compensation allowed, may go upon [said] those lands with their servants, teams, tools,
780
instruments, or other equipment, for the purpose of constructing such proposed work, and may
781
forever thereafter enter upon [said] those lands[, as aforesaid,] for the purpose of maintaining or
782
repairing such proposed work, doing no more damage than the necessity of the occasion may
783
require[, any].
784
(b) Any person or persons who [shall] willfully [prevent or prohibit] prevents or prohibits
785
any of such persons from entering such lands for the purpose [aforesaid] stated in Subsection (2)(a)
786
shall be [deemed] considered guilty of a misdemeanor and upon conviction be fined any sum not
787
exceeding $25 per day for each day's hindrance, which sum shall be paid into the county treasury
788
for the use of [said] the district.
789
Section 18.
Section
17A-2-535
is amended to read:
790
17A-2-535. Validation of organization proceedings -- Notice of proposed corrections,
791
amendments, or changes in assessment of benefits -- Hearing by county legislative body of
792
report of board of supervisors -- Board of equalization -- Increase of drainage benefits and
793
taxes -- Lien.
794
Whenever it [shall appear] appears to the board of [supervisors] trustees that any
795
proceedings for the organization of a drainage district have not been strictly in compliance with
796
law, or if any lands within the district have been erroneously assessed for benefits or taxes, or
797
inequitably assessed for benefits or taxes, or that any assessment of damages or benefits under this
798
part has been made in error as to description, ownership, or acreage intended to be assessed, or if
799
it [shall appear] appears to such board of [supervisors] trustees that the assessment of benefits has
800
been inequitably distributed among the various parcels of land, or unjustly equalized as between
801
the various parcels of land within the district, or that any tract of land, easement or interest in land,
802
public, or private road, railroad or railroad right-of-way, has been included in, or omitted from, any
803
assessment roll of benefits or taxes by reason of clerical error or otherwise, or that proper notice
804
or notices as required by law has not or have not been given, such noncompliance, error, omission
805
or want of notice shall not invalidate such organization, neither shall any such assessments of
806
benefits or taxes be lost to the district in case of any omission, nor shall the board of [supervisors]
807
trustees and the county legislative body be held to have lost jurisdiction to correct such error or
808
omission, or to readjust such assessments of benefits or to redistribute such assessment of benefits
809
upon the various parcels of land and interest in lands within such district, and to justly equalize the
810
same as between various parcels of land and interest in lands within the district, but the board of
811
[supervisors] trustees of such district may report any such conditions and recommend such
812
corrections and changes as such board of [supervisors may deem] trustees considers necessary to
813
remedy the same; and upon receiving such report and recommendation the [said] county
814
legislative body may make such corrections, amendments or changes in the assessment rolls of
815
benefits and taxes, or correct any error, omission, mistake, inequality or want of sufficient notice,
816
as may be just; provided, that when any correction, amendment or change is sought to be made,
817
notice of such proposed correction, amendment or change in the assessment of benefits and taxes
818
shall be given to all persons affected thereby, in the following manner:
819
The board of [supervisors] trustees of the drainage district shall file with the clerk of the
820
county legislative body of the county wherein the drainage district is located, a verified report
821
containing the proposed corrections, amendments, and/or changes in the assessments of benefits
822
and taxes with their recommendation with respect thereto, to the county legislative body. The
823
county legislative body shall, at its first meeting thereafter, fix a time and place for a hearing on
824
[said] the report and shall cause a notice of the hearing thereon to be published three times if in
825
a daily newspaper, twice if in a semiweekly newspaper and once if in a weekly newspaper, not less
826
than 15 days before [said] the hearing, and when the residence or post-office address of any
827
landowner, whose assessment of benefits or taxes is to be corrected, amended or changed is known
828
the clerk of the county legislative body shall cause a copy of the notice to be sent by United States
829
mail to such landowner, not less than 15 days before the time fixed for the hearing on the report.
830
The notice shall state generally the purpose of the hearing and the time and place where the county
831
legislative body shall meet as a board of equalization to hear and determine any complaint made
832
against such report, corrections, amendments and changes in the assessment roll of benefits and
833
taxes.
834
The county legislative body at the time and place fixed in the notice shall sit as a board of
835
equalization and it shall make and finally determine such corrections, amendments and changes
836
in the roll of assessment of benefits and taxes, as it shall determine after such hearing, and
837
thereafter all such lands, easements or interest in lands shall be assessed in accordance with the
838
assessment roll as thus corrected, amended, or changed; and such changed assessment roll of
839
benefits and taxes shall be the basis of lien upon the parcels of land or interest in land, as corrected,
840
amended or changed, for all district indebtedness. Whenever it shall be made to appear to the board
841
of [supervisors] trustees of the drainage district that any owner or operator of any land within the
842
drainage district has so changed the use of such land so as to increase the benefits received by such
843
land by reason of the construction, maintenance, and operation of the drainage system, the board
844
of [supervisors] trustees of the drainage district shall view each tract of such land and shall
845
carefully consider the increased benefits such tract of land is receiving from the construction,
846
maintenance and operation of the drainage system and shall assess such tract of land in accordance
847
with the increased benefits received by it. After such assessment is made, the secretary of the board
848
of [supervisors] trustees shall transmit the same to the county legislative body and the county
849
legislative body shall within 15 days after receipt thereof, cause not less than 15 days notice to be
850
sent by mail to each landowner in the district whose benefits have thus been increased, showing
851
the amount of the benefits as thus increased on the land owned by the landowner within the
852
district; and stating therein the time and place where the county legislative body shall meet as a
853
board of equalization to hear and determine complaints made against such increased assessments.
854
At such hearing any landowner upon whose lands the benefits are thus increased may appear and
855
oppose such increase or any part thereof. The county legislative body shall sit as a board of
856
equalization of the increased drainage benefits and taxes, and shall equalize and determine the
857
assessment of benefits and taxes to be made and levied upon such tract of land within the district.
858
Such increased assessment of benefits shall be the basis of a lien upon such lands within the
859
district for all district indebtedness and taxes.
860
Section 19.
Section
17A-2-536
is amended to read:
861
17A-2-536. Compensation -- Conflict of interest -- Penalties.
862
Any engineer employed under the provisions of this part shall receive such compensation
863
as shall be fixed and determined by the board of [supervisors. Each member of the board of
864
supervisors shall receive as compensation a sum not to exceed $6 per diem and actual expenses
865
incurred in the performance of his duty] trustees. The salaries and all costs and expenses of the
866
district shall be paid by the order of the board of [supervisors] trustees out of the district treasury
867
from drainage funds collected for that purpose upon warrants drawn by the secretary and signed
868
by the [president. No supervisor] chair. No trustee or any officer named in this part shall in any
869
manner be financially interested directly or indirectly in any contract awarded or to be awarded by
870
the board, or in the profits to be derived therefrom; nor shall receive any bond, gratuity or bribe;
871
and for any violation of this provision such officer shall be [deemed] considered guilty of a felony
872
and upon conviction therefor [he] shall forfeit [his] the officer's office and be punished by a fine
873
not exceeding $5,000, or by imprisonment in the penitentiary for a term of not less than one or
874
more than five years.
875
Section 20.
Section
17A-2-537
is amended to read:
876
17A-2-537. Appointment of trustee -- Vacancy -- No more than two trustees from
877
same county in multicounty district.
878
(1) The county legislative body shall appoint [supervisors] trustees and fill vacancies by
879
following the procedures and requirements of Title 17A, Chapter 1, Part 3.
880
(2) If the lands in the drainage district are situated in different counties, not more than two
881
of the members of the board of [supervisors] trustees shall be from any one of those counties.
882
Section 21.
Section
17A-2-540
is amended to read:
883
17A-2-540. Right-of-way -- Highways and railroads may be assessed -- Assessment
884
of governmental units.
885
(1) The board of [supervisors shall have the right to] trustees may use any part of the
886
right-of-way of any public highway, road or street, for the purpose of the work to be done,
887
provided such use will not permanently destroy or materially impair such public highway, road or
888
street for public use[; and if].
889
(2) (a) If in the judgment of the board of [supervisors] trustees any public highway, road
890
or street, or any railroad right-of-way or any part of the same is or will be [benefited] benefitted
891
by the drainage canals and works to be constructed[,]:
892
(i) or that have been constructed, benefits and taxes shall be assessed and equalized against
893
such public highway, road, street, or railroad right-of-way in the same manner as against lands in
894
private ownership within the district and such public highways, roads and streets and railroad
895
rights of way are in all respect subject to the provisions of the drainage laws of this state; and
896
(ii) the state, county, city or town having control of such public highway, road or street or
897
the owner of such railroad right-of-way shall pay the taxes assessed and equalized against the same
898
irrespective of whether or not it owns the fee simple title to the land covered by such highway,
899
road or street, or railroad right-of-way[; provided however that].
900
(b) Notwithstanding Subsection (2)(a), the state shall not be required to pay any such taxes
901
for the years prior to 1955.
902
Section 22.
Section
17A-2-541
is amended to read:
903
17A-2-541. Bridges and culverts across highways and railroads.
904
(1) The board of [supervisors is hereby authorized and empowered to] trustees may make
905
all necessary bridges and culverts across or under any public highway or railroad right-of-way, to
906
enable it to construct and maintain any canal, drain, or ditch necessary to be constructed as a part
907
of the drainage system of such district, such bridges or culverts to be paid for by the drainage
908
district[; provided, however, that].
909
(2) (a) Before the board exercises the power granted in Subsection (1), notice shall first
910
be given by such board of [supervisors] trustees to railway authorities empowered to build or
911
construct bridges and culverts, and the railway company shall be allowed 30 days to build such
912
bridges or culverts, at its own expense, if it should so desire, according to its own plans[; provided,
913
that such].
914
(b) Such bridges or culverts shall be [so] constructed by railway authorities so as not to
915
interfere with the free and unobstructed flow of water, passing through the canal or drain, and shall
916
be placed at such points as are indicated by the drainage engineer.
917
Section 23.
Section
17A-2-543
is amended to read:
918
17A-2-543. Contractual powers -- Bond issues -- Elections -- Limitations -- Uses.
919
Whenever the board of [supervisors deem ] trustees considers it expedient it shall have
920
power, for the purpose of constructing drains, drainage canals and other required improvements
921
necessary to drain lands in [said] the district or conserve the public health or welfare, to make a
922
contract or contracts with the United States providing for the repayment of the principal and such
923
other sums due thereunder at such times as may be agreed upon, or to issue bonds of the district
924
to run not less than five years nor more than 40 years, and to bear interest, payable semiannually,
925
at a rate not exceeding 8% per annum to be called "drainage district bonds," which [said] bonds
926
shall not be sold for less than 90% of their par value, and the proceeds of which shall be used for
927
no other purpose than paying the cost of constructing such drains, drainage canals, or other like
928
work [deemed] considered necessary to drain lands within [said] the district, or conserve the public
929
health or welfare. Before such contract or contracts shall be made or bonds shall be issued, the
930
board of [supervisors] trustees shall request the county legislative body to order, and the county
931
legislative body shall at once order a special election on the question of the issuance of bonds. The
932
persons authorized to vote in, the giving of notice, the forms of ballots, and the manner of holding
933
the election, and canvassing the results of the election, shall be as provided in the Utah Municipal
934
Bond Act. The expenses of such election shall be paid out of the funds belonging to [said] the
935
drainage district. The terms and times of payment of the bonds so issued shall be fixed by the
936
board of [supervisors. Said] trustees. The bonds shall be issued for the benefit of the district
937
authorizing [said] the issue and shall bear the name and number of [said] the district. The board
938
of [supervisors] trustees shall keep a record of the bonds issued and sold or otherwise disposed of,
939
and such record will also show the lands embraced in [said] the district. In no case shall the
940
amount of bonds exceed the benefits assessed. Each bond issued shall show expressly upon its face
941
that it is to be paid by a tax assessed, levied, and collected on the lands within the drainage district.
942
[Said] The board of [supervisors] trustees shall, by resolution, provide for the issuance and
943
disposal of such bonds and for the payment of the interest thereon, the creation of a sinking fund
944
for the ultimate redemption thereof, and for the date and manner of the redemption of [said] the
945
bonds. [Said] The board of supervisors may sell or dispose of [said] the bonds either at public or
946
private sale. Before making any such sale, either private or public, the board of [supervisors]
947
trustees shall give due notice of their intention to sell or dispose of [said] the bonds, by publishing
948
notice of sale at least once a week for four consecutive weeks in some newspaper having general
949
circulation in the state [of Utah] and in the county where [said] the district is situated, and by
950
publishing in any other publication they [may deem] consider advisable. The notice shall state that
951
sealed proposals will be received by the board of [supervisors] trustees at their office, for the
952
purchase of the bonds, until the day and hour fixed by the board of [supervisors] trustees. At the
953
time appointed the board of [supervisors] trustees shall open the proposals, and award the purchase
954
of the bonds to the highest responsible bidder, or may reject all bids. In case no bid is made and
955
accepted as above provided, the board of [supervisors] trustees is hereby authorized to use [said]
956
the bonds for the construction of any ditches, drain or drains, drainage canal or drainage canals,
957
or any other required improvement [deemed] considered necessary to drain lands or for the public
958
health or welfare.
959
Section 24.
Section
17A-2-544
is amended to read:
960
17A-2-544. Bonds -- Lien on land and improvements.
961
Whenever any such drainage district bonds [shall be] are issued, or contract with the United
962
States made, in accordance with the provisions of this part, such bonds or contract, shall constitute
963
a lien upon all of the lands and improvements thereon within the boundaries of the district, to the
964
extent of the total benefits, assessed and equalized, and pledged for such purpose, and not in excess
965
thereof, and the board of [supervisors] trustees of [said] the district shall from time to time, as by
966
this part provided, levy a sufficient tax to pay the annual interest charge on such bonds, and in
967
addition thereto, such an amount as a sinking fund which shall, in the course of events and
968
ultimately, amount to a sufficient sum to redeem [said] the bonds, or in case of contract with the
969
United States, shall levy a sufficient tax to meet all payments due, or to become due thereunder,
970
and in addition thereto, a sufficient tax to pay the interest or penalties on any delinquent payment
971
or payments, as provided in [said] the contract or as required by the statutes of the United States.
972
Section 25.
Section
17A-2-545
is amended to read:
973
17A-2-545. Bond issue -- Statement attached.
974
Each bond issue as provided for by Section
17A-2-543
, shall be signed by the [president]
975
chair and secretary of the said board of [supervisors] trustees, and be attested by the county clerk,
976
and [said] the clerk shall also make a certified statement thereon, affixing [his] the clerk's seal of
977
office thereto, of the total amount of the assessment of benefits pledged for the payment of [said]
978
the bonds and other bonds, if any, issued; the date, number, denomination, and time due of all
979
bonds issued; when the assessment of benefits was confirmed by the county legislative body, and
980
the number of acres of land in the district against which [said] the assessments were made.
981
Section 26.
Section
17A-2-546
is amended to read:
982
17A-2-546. Organization of districts in cities or towns.
983
For the purpose of organizing a drainage district, which is wholly within the limits of any
984
incorporated city or town, a like procedure may be followed within such city or town; the petition
985
for organization may be presented to the town board, city council or commissioners; and city or
986
town officers, who exercise functions similar or equivalent to the functions of the respective
987
county officers named in this part, shall exercise the same functions with respect to the
988
organization, administration and control of such district, and shall have the same powers in all
989
respects, as such similar or equivalent county officers, with respect to the appointment,
990
qualification and removal of district [supervisors] trustees, the giving of notices, the holding of
991
hearings, issuing of proclamations, fixing boundaries, calling district elections, equalizing
992
assessments of benefits and taxes, certifying bond issues, and doing such other acts or things as
993
will put into effect the provisions of this part in any such district within such city or town, and so
994
as to give to any such city or town, and the officers thereof, the same powers and duties as are had
995
and exercised by a county, and the county officers; provided that, except as varied to meet the
996
requirements of this section, all other provisions of this part shall govern any such district
997
organized pursuant to this section.
998
Section 27.
Section
17A-2-547
is amended to read:
999
17A-2-547. Refunding bonds -- Time limit.
1000
Any bond or bonds heretofore or hereafter issued by any drainage district may be refunded
1001
at any time by such drainage district when a lower rate of interest or better terms can be obtained,
1002
or to provide means for the payment of maturing bonds. Such refunding bonds may be issued by
1003
resolution of the board of [supervisors] trustees without an election, and may be sold by the board
1004
in such manner and on such terms as it may [deem] consider for the best interests of the district.
1005
Payment of such refunding bonds shall be provided for in the same manner as the bonds so
1006
refunded, and all statutory and other liens and rights existing under the original issue shall extend
1007
to and apply to [said] the refunding bond; provided, that refunding bonds shall mature in not
1008
exceeding 40 years from date of issue.
1009
Section 28.
Section
17A-2-548
is amended to read:
1010
17A-2-548. Duties of trustees -- Equalizations.
1011
(1) The board of [supervisors] trustees shall, as soon as may be, view each tract of land
1012
within the district, and shall carefully consider all of the damages and benefits that each particular
1013
tract of land will receive from the construction and maintenance of such drainage system, and
1014
assess each tract of land in accordance with the benefits to be received by it, making proper
1015
allowance for damage, if there be any.
1016
(2) After such assessment is made up, the secretary of the board of [supervisors] trustees
1017
shall transmit the same to the county legislative body and the county legislative body shall within
1018
15 days after receipt thereof, cause not less than 15 days' notice to be sent by mail to each
1019
landowner in the district of the amount of benefits assessed upon the land owned by him within
1020
the district; and stating therein the time and place where the county legislative body shall meet as
1021
a board of equalization to hear and determine complaints made against such assessments.
1022
(3) The county legislative body shall sit as a board of equalization of drainage district
1023
benefits and taxes, and shall equalize and finally determine the assessments of benefits and taxes
1024
to be made and levied upon each tract of land within the district. Such assessments of benefits shall
1025
be the basis of liens upon the lands within the district for all district indebtedness.
1026
Section 29.
Section
17A-2-549
is amended to read:
1027
17A-2-549. Estimates for construction -- Debts -- Sinking fund -- Levy.
1028
The board of [supervisors] trustees shall, on or before the first Monday in March of each
1029
year, prepare a statement and estimate of the amount of money to be raised by taxation within
1030
[said] the district for the purpose of constructing canals, drains, drain ditches, and other works, and
1031
maintaining the same; liquidating district warrants and notes and paying interest thereon, paying
1032
the interest on the bonded indebtedness of the district; creating a sinking fund for redeeming such
1033
bonds; meeting all payments due or to become due under any contract between the district and the
1034
United States; and for the purpose of maintaining and repairing drainage canals, flumes, and
1035
conduits, bridges, culverts and other works within [said] the district; and for the management and
1036
control of such drainage system; and shall levy the entire amount required in each year against the
1037
lands within [said] the district in proportion to the equalized benefits and after adding [15 per cent]
1038
15% of each amount to the respective assessments to provide for incidentals and possible
1039
delinquencies, shall certify the same to the county assessor of the county within which such district
1040
is located.
1041
Section 30.
Section
17A-2-550
is amended to read:
1042
17A-2-550. Addition of delinquent taxes in case of contract with the United States.
1043
In case of contract with the United States government, the board of [supervisors] trustees
1044
may add to such statement and estimate as provided for in Section
17A-2-549
, a sufficient amount
1045
to cover any deficit due the United States that may have resulted from nonpayment of delinquent
1046
taxes or assessments for any preceding year; and provided further that in the case of contract with
1047
the United States government it may be provided by contract between the district and the United
1048
States, that assessments shall conform to the requirements of the federal reclamation laws now
1049
enacted or which may hereafter be enacted, and particularly the Act of December 5, 1924, Public
1050
Law No. 292; and that assessments may thereafter be made accordingly.
1051
Section 31.
Section
17A-2-551
is amended to read:
1052
17A-2-551. Attendance of officials.
1053
The county legislative body, when sitting as a board of equalization of drainage district
1054
benefits, may require the presence of the board of [supervisors] trustees and the engineer of the
1055
drainage district. If the drainage district be in more than one county, the [supervisor or supervisors]
1056
trustee or trustees resident within the county may be required to attend.
1057
Section 32.
Section
17A-2-552
is amended to read:
1058
17A-2-552. Drainage district taxes.
1059
[It shall be the duty of the] The county assessor [to] shall place upon the assessment roll
1060
drainage district taxes as certified by the board of [supervisors. It shall be the duty of the] trustees.
1061
The county treasurer [to] shall collect such taxes at the same time and in the same manner that the
1062
county taxes are collected, and pay the same to the treasurer of the board of [supervisors] trustees
1063
as soon as moneys are received [by him. It shall be the further duty of the]. The county treasurer
1064
shall, after the first day of December and prior to the last day of December of each year, [to] make
1065
a written report to the treasurer of each drainage district located within the county, setting forth the
1066
amount of taxes paid and the amount of delinquent taxes levied by the district for the current year,
1067
and [given] giving in detail the names of delinquent landowners and the descriptions of lands upon
1068
which such taxes are delinquent.
1069
Section 33.
Section
17A-2-553
is amended to read:
1070
17A-2-553. Taxes considered lien -- Sale of property -- Time of redemption -- Notice
1071
-- Penalty -- Record.
1072
All drainage taxes levied and assessed under the provisions of this title shall attach to and
1073
become a lien on the real property assessed from and after the second Monday in March. Drainage
1074
taxes shall become due and delinquent at the same time, and shall be collected by the same officers
1075
and in the same manner and at the same time as state and county taxes, and when collected shall
1076
be paid to the treasurer of the board of [supervisors] trustees. The revenue laws of this state for
1077
the assessment, levying and collecting of taxes on real estate for county purposes, except as herein
1078
modified, shall be applicable for the purposes of this part, including the enforcement of penalties
1079
and forfeiture for delinquent taxes; provided, that lands sold for delinquent district taxes shall be
1080
sold separately for such tax and a separate certificate of sale shall issue therefor, and provided
1081
further that the period of redemption from sale for taxes under this part, shall be four years. At the
1082
same time and in the same manner as the county treasurer publishes the delinquent tax list for state
1083
and county taxes in each year, the county treasurer [must] shall publish a delinquent drainage tax
1084
list, which [must] shall contain the names of the owners, when known and a description of the
1085
property delinquent or subject to lien of drainage district taxes with the amount of taxes due
1086
exclusive of penalty. The county treasurer [must] shall publish with such list a notice, each year,
1087
that unless the delinquent drainage taxes, together with the penalty, are paid before the date for tax
1088
sales for state and county taxes the real property upon which such taxes are a lien will be sold for
1089
taxes, penalty and costs, beginning on [said] the date, at the front door of the county courthouse.
1090
The delinquent list shall be published three times if in a daily newspaper, twice if in a semiweekly
1091
and once if in a weekly newspaper. On the date for tax sales for state and county taxes each year,
1092
the county treasurer shall expose for sale, between the hours of [ten] 10 a.m. and [three] 3 p.m.
1093
sufficient of all delinquent real estate to pay the drainage district taxes, penalty and costs for which
1094
such real estate is liable, at public auction, at the front door of the county courthouse, and sell the
1095
same to the highest responsible bidder for cash, and the county treasurer shall continue to sell from
1096
day to day between such hours until the property of all delinquents is exhausted or the taxes,
1097
penalty and costs are paid. In offering such real estate for sale the treasurer shall offer the entire
1098
tract assessed, and the first bid received in an amount sufficient to pay the taxes and costs shall be
1099
accepted unless a further bid in the same amount for less than the entire tract shall be received; and
1100
the highest and best bid shall be construed to mean the bid of that bidder who will pay the full
1101
amount of the taxes and costs for the smallest undivided portion of [said] the real estate. After
1102
receiving a bid for the full amount of the taxes [and costs it shall not be the duty of], the treasurer
1103
is not required to attempt to secure a higher bid, but [he] shall accept it if made. The treasurer shall
1104
make a record of all sales of real property in a book to be kept by [him] the treasurer for that
1105
purpose therein describing the several parcels of real property on which the taxes and costs were
1106
paid by the purchasers, in the same order as the published list of delinquent sales contained in the
1107
list of advertisements on file in [his] the treasurer's office. Separate columns shall also be provided
1108
in [said] the record in which the treasurer shall enter the description of any tract sold that is less
1109
than the entire tract on which the taxes are due, the date of sale, to whom sold, the penalty, and
1110
costs, and the date of redemption. The purchaser shall [be required to] pay the penalty to the
1111
county treasurer, which penalty shall in all cases accrue to the benefit of the drainage district.
1112
When all sales have been made the county treasurer shall file the record in [his] the treasurer's
1113
office, in looseleaf bound form. [It shall be the duty of the] The county treasurer [to] shall issue
1114
a receipt to any person paying drainage district taxes on an undivided interest in real estate,
1115
showing the interest on which taxes are paid, and in case any portion of the drainage district taxes
1116
on such real estate remains unpaid, [it shall be the duty of] the treasurer [to] shall sell only such
1117
undivided interest in [said] the real estate as belongs to the co-owners who have not paid their
1118
portion of the taxes. In absence or default of purchaser at any such public sale of drainage district
1119
taxes, the drainage district in which taxes are delinquent shall become the purchaser and shall
1120
receive from the county treasurer the tax sale certificate of the real property on which drainage
1121
district taxes are delinquent upon the same terms upon which the county receives tax sales
1122
certificates on sales for delinquent state and county taxes and shall hold the same in the same
1123
manner as an individual may hold real property upon which state or county taxes are delinquent,
1124
subject to the same rights of redemption. In all respects, a drainage district shall be the beneficiary
1125
of taxes assessed and levied by it, provided, however, that county treasurer shall retain the costs
1126
and expense provided by law for the advertisement, sale and redemption of drainage district taxes.
1127
Section 34.
Section
17A-2-555
is amended to read:
1128
17A-2-555. Statement of indebtedness to be procured -- Fees -- Filing -- Discharge
1129
of lien.
1130
(1) Any person or persons, bank or banks, corporation or corporations or other
1131
organization or any mortgagee or other lien holder desiring to pay the unpaid equalized drainage
1132
district benefit assessments and/or taxes against any tract, lot or parcel of land in any drainage
1133
district may apply to the secretary of the board of [supervisors] trustees of the drainage district for
1134
a written statement of the unpaid amount of the same together with accrued interest thereon, and
1135
[it shall be the duty of] the secretary of such drainage district [to] shall execute and deliver to such
1136
applicant, on payment of a fee of $1, such a statement duly certified to under [his] the secretary's
1137
hand and the seal of the district, and the applicant shall then present and file the same with the
1138
county treasurer of the county in which such tract, lot or parcel of land is located, and when so
1139
filed and when payment in full of the unpaid amount of equalized drainage district benefit
1140
assessments and taxes is paid, either in lawful money of the United States, or drainage district
1141
bonds, notes, warrants, or matured interest coupons as herein provided, the county treasurer shall
1142
issue and deliver to such applicant a receipt in duplicate for the amount of such payment, stating
1143
therein the amount paid and whether paid in lawful money of the United States or in bonds, notes,
1144
warrants or matured interest coupons of the district, and upon presentation and filing of one copy
1145
of such a receipt with the treasurer of the drainage district, showing payment in full of the unpaid
1146
equalized benefit assessments and/or taxes against any such tract, lot or parcel of land, [it shall be
1147
the duty of such] the drainage district [to] shall issue and deliver to the person or persons, bank or
1148
banks, corporation or corporations or other organizations or to such mortgagee or lien holder
1149
making such payment a written release and discharge releasing such tract, lot or parcel of land
1150
from all other and further liability for the payment of any of the then existing bonded indebtedness
1151
of the district or any bonds thereafter given to refund the same, or any notes or warrants theretofore
1152
or that may thereafter be issued for the payment of any interest on such bonds or such refunded
1153
bonds, and releasing and discharging [said] the land from any and all other liability for the payment
1154
of the same or any part thereof, and releasing and discharging such tract, lot or parcel of land from
1155
the payment of any of the unpaid equalized drainage district assessment of benefits and taxes and
1156
from the lien of the benefit assessment roll as equalized and finally determined by the county
1157
legislative body of the county in which such tract, lot or parcel of land is located[; and such tract,
1158
lot or parcel of land shall not thereafter be assessed by such drainage district except for the
1159
purposes of maintenance and supervision, provided, all assessments or taxes other than those
1160
levied for payment of bond, interest or principal shall be payable only in lawful money of the
1161
United States, or in warrants of the district issued within the same calendar year in which the
1162
warrants are tendered].
1163
(2) (a) Such tract, lot, or parcel of land may not thereafter be assessed by the drainage
1164
district except for the purposes of maintenance and supervision.
1165
(b) All assessments or taxes other than those levied for payment of bond, interest, or
1166
principal shall be payable only in lawful money of the United States, or in warrants of the district
1167
issued within the same calendar year in which the warrants are tendered.
1168
Section 35.
Section
17A-2-556
is amended to read:
1169
17A-2-556. Form of release and discharge.
1170
Such release and discharge shall be substantially in the following form:
1171
Release and discharge from liability for payment of the bonded indebtedness of ____
1172
drainage district in ____ county, Utah, and from the lien of the equalized assessment of benefits
1173
and taxes and the benefit assessment roll.
1174
Whereas, on the ____ day of ____, [19] 20 __, ____ (the owner, part owner, mortgagee or
1175
other lien holders, as the case may be) paid to the county treasurer of ____ county, (in lawful
1176
money of the United States, or bonds, notes, warrants or matured interest coupons of the district,
1177
as the case may be) the sum of $____, being the total amount of the unpaid drainage district
1178
equalized assessment of benefits and taxes levied and assessed against that certain tract, lot or
1179
parcel of land located in ____ drainage district in ____ county, Utah, and particularly bounded and
1180
described as follows, to wit: (Insert description of property) ____ and, ____.
1181
Whereas, there is on file with the treasurer of this drainage district a receipt showing such
1182
payment in full,
1183
Now, Therefore, in consideration of such payment and pursuant to law, the undersigned
1184
drainage district does by these presents release and discharge the above described tract, lot or
1185
parcel of land from the lien of and from the payment of all of the bonded indebtedness now
1186
existing against the same, and from the payment of any bonds now issued or that may hereafter be
1187
issued to refund the same, or any part thereof, and from the payment of any notes or warrants of
1188
the district heretofore issued or that may hereafter be issued in payment of interest on such
1189
indebtedness or refunded indebtedness, and releases and discharges said tract, lot or parcel of land
1190
from the payment of any of the unpaid equalized assessment of benefits and taxes levied or
1191
assessed against the same and from the lien of the benefit assessment roll of said drainage district.
1192
In Witness Whereof, the said drainage district has executed this instrument and caused its
1193
corporate name and corporate seal to be hereunto affixed by its [president] chair and secretary this
1194
____ day of ____ [19] 20 __, pursuant to a resolution of its board of [supervisors] trustees.
1195
Attest: ________________________________
1196
(Name of drainage district.)
1197
By ______________,
1198
President
1199
______________
1200
Secretary.
1201
[Said] The written release and discharge may be acknowledged before any officer
1202
authorized to take acknowledgments of deeds. The form of acknowledgment shall be substantially
1203
as follows: State of Utah, ss.
1204
County of ____
1205
On the ____ day of ____, A. D. [19] 20 __, personally appeared before me ____, who being
1206
by me duly sworn, did say that he is the [president] chair of ____ drainage district which executed
1207
the above and foregoing instrument and that [said] the instrument was signed in behalf of [said]
1208
the drainage district by authority of a resolution of its board of [supervisors] trustees, and [said]
1209
____ acknowledged to me that [said] the drainage district executed the same.
1210
______________
1211
Notary Public.
1212
My Commission expires: ____Residing at: ____.
1213
Section 36.
Section
17A-2-560
is amended to read:
1214
17A-2-560. Land redeemed when lien discharged -- Lien priority -- Foreclosure.
1215
Where it appears that the lien of all bond issues outstanding in any drainage district in the
1216
state of Utah, has been discharged and released of record with relation to any parcel or parcels of
1217
land within any drainage district as shown by the equalized benefit assessment roll of [said] the
1218
district by the payment in full of such equalized drainage district benefit assessment, together with
1219
matured interest thereon, lands and improvements sold to a drainage district for delinquent
1220
drainage district taxes or assessments may be redeemed by any person interested in the property,
1221
either as owner or lien holder, at any time while the district holds the tax sale certificate of such
1222
sale and prior to the execution of auditor's tax deed, by the payment of such taxes or assessments
1223
for the delinquency for which the property is sold, together with all unpaid drainage district taxes
1224
or assessments subsequently levied against such lands and improvements and all interest, costs and
1225
penalties, unless in the judgment of the board of [supervisors] trustees of the drainage district and
1226
the county legislative body of the county wherein the land is situated, the interest of the drainage
1227
district will be best subserved by accepting a lesser sum in which case such lesser sum, to be fixed
1228
by the county legislative body, shall be accepted.
1229
Any party in interest as owner or lien holder redeeming property as provided herein shall
1230
have a lien thereon in the amount so paid, with interest after such payment, which lien shall have
1231
the same priority as the tax lien of the district and may be foreclosed by an action in the district
1232
court in the same manner as provided by law for the foreclosure of a mortgage.
1233
Section 37.
Section
17A-2-561
is amended to read:
1234
17A-2-561. Petition for dissolution -- Notice -- Hearings -- Objections -- Liquidation
1235
of indebtedness.
1236
[That any] (1) A drainage district may be dissolved by an order of the district court of the
1237
county wherein the same is located, and if located in more than one county, then by an order of the
1238
district court in the county wherein the major portion of the land within [said] the district is
1239
located, upon a hearing had upon a verified petition filed with the county clerk of such county
1240
praying for such dissolution and signed by the owners of a majority of the acreage of lands
1241
embraced within the district.
1242
(2) (a) Before [said] a hearing [shall] may be had, the clerk of [said] the court, upon fees
1243
and costs being advanced therefor, shall cause notice of such hearing to be given by posting notices
1244
in six public places in the district sought to be dissolved for a period of four weeks prior to the date
1245
of hearing [said] the petition and by publishing a copy thereof in a newspaper of general circulation
1246
in the county in which such district or major portion thereof is located once a week for four
1247
successive weeks prior to such hearing. [Such]
1248
(b) The notice under Subsection (2)(a) shall specify the district to be dissolved, the date,
1249
time and place of the hearing of such petition, and shall provide that all persons[,] who have any
1250
objections to the dissolution of [said] the district shall file such objections in writing in the office
1251
of [said] the clerk of [said] the court and serve a copy thereof upon the [supervisors] trustees of
1252
[said] the district at or prior to the date of [said] the hearing, and all persons who have any claims
1253
against [said] the district[,] must present the same duly itemized and verified by the affidavit of
1254
the claimant at or prior to the time of [said] the hearing or be forever barred from thereafter
1255
asserting [said] those claims, and [said] the notice shall be signed by the clerk of [said] the court.
1256
(3) (a) The petition shall be verified by at least three of the petitioners [and said].
1257
(b) The verification shall set forth that the petition is signed by the owners of a majority
1258
of the acreage within such district.
1259
(4) No district shall be dissolved until all indebtedness of such district [shall have] has
1260
been paid or until provision has been made for the payment thereof, either by the levying and
1261
collecting of assessments, or by money advanced by petitioners, or by depositing a sufficient bond,
1262
to be approved by the court, with the clerk of the court, which provides for and secures the
1263
payment of all such indebtedness, or by other means approved by the court.
1264
Section 38.
Section
17A-2-563
is amended to read:
1265
17A-2-563. Statement of assessment levied, collected and uncollected, and of
1266
indebtedness filed with clerk.
1267
Upon the filing of the petition or within 20 days thereafter, the [supervisors] trustees of
1268
[said] the drainage district shall file with the clerk of the court in which [said] a petition under
1269
Section
17A-2-561
is filed a detailed statement of the annual assessments levied for each year
1270
since the organization of the district and the payments made thereon by each landowner and the
1271
amounts unpaid and outstanding against all lands within [said] the district and also a statement of
1272
the indebtedness of [said] the drainage district as [same] it appears upon the books of the district,
1273
with the names of the creditors, the nature, date and amount of their respective claims [also], and
1274
a statement of the district bonded and other indebtedness of such drainage district at the time of
1275
the filing of such petition.
1276
Section 39.
Section
17A-2-566
is amended to read:
1277
17A-2-566. Payment discharges lien, excepting liens for prior assessments.
1278
Upon the final determination by the court of the amount or portion of the district's
1279
indebtedness, costs, and expenses to be paid by any given acreage or tract of ground and upon the
1280
payment of the amount so determined in accordance with such determination and within the time
1281
and in the manner hereinafter specified the court shall enter a decree discharging [said] the land
1282
from all lien, tax, assessment, and obligation imposed upon [said] the land by reason of the
1283
organization of [said] the district and the assessments levied by [said] the district. Nothing in this
1284
part however shall be construed in the absence of such payment so as to impair or release any lien
1285
the district may have acquired or to which it may be entitled against any land within the district
1286
by reason of assessments heretofore made and all rights to enforce such liens as such rights now
1287
exist are expressly preserved and maintained and nothing in this part shall be construed so as to
1288
prevent the [supervisors] trustees of [said] the district from carrying out their duties in the same
1289
for nonpayment of assessments of any land within the district upon which the drainage district
1290
assessments have not been paid.
1291
Section 40.
Section
17A-2-609
is amended to read:
1292
17A-2-609. Trustees -- Election or appointment -- Countywide fire protection district
1293
-- Other provisions applicable.
1294
(1) [Except as provided in Subsection (b), there shall be three] Members of a fire
1295
protection district [commissioners for each district] board of trustees shall be appointed or elected
1296
according to the procedures and requirements of Title 17A, Chapter 1, Part 3.
1297
(2) (a) As used in this Subsection (2), a "countywide fire protection district" means a fire
1298
protection district that includes all of the county except first and second class cities.
1299
(b) If a complete county organizes into a countywide fire protection district, the county
1300
legislative body of that county is the fire protection district [commission] board of trustees for as
1301
long as the county remains a countywide fire protection district.
1302
[(c) The fire commissioners shall serve without compensation, but shall receive necessary
1303
expenses in attending meetings and other district business.]
1304
(3) (a) The provisions of Title 17B, Chapter 2, Part 4, Board of Trustees, apply to each fire
1305
protection district to the same extent as if the fire protection district were a local district under Title
1306
17B, Chapter 2, Local Districts.
1307
(b) (i) If a change in the number of board of trustees members is necessary to comply with
1308
the requirements of Subsection
17B-2-402
(1), the board of trustees may by majority vote,
1309
notwithstanding Subsection
17B-2-402
(3), change the number of board members to the next odd
1310
number higher or lower than the number of current board members.
1311
(ii) If a change under Subsection (3)(b)(i) decreases the number of board members, the
1312
change may not take effect until the expiration of the term of the member whose term next expires.
1313
(c) If a change in the length or expiration date of the term of a board of trustees member
1314
is necessary to comply with the requirements of Subsection
17B-2-403
(2), the change may not take
1315
effect until the expiration of the term of the member whose term length or expiration date is to be
1316
changed.
1317
Section 41.
Section
17A-2-610
is amended to read:
1318
17A-2-610. Separate meetings -- County clerk may be secretary.
1319
[The fire commissioners shall organize as a board and shall elect a chairman from their
1320
number and shall appoint a secretary and a treasurer. In the event]
1321
(1) If the county legislative body [become] becomes the fire protection district
1322
[commissioners] board of trustees as provided for in Section
17A-2-609
, meetings as [fire
1323
protection commissioners] the board of trustees shall be held separate and apart from meetings as
1324
the county legislative body.
1325
(2) The board of [fire commissioners] trustees, at its discretion, may provide that until
1326
further order of the board, the county clerk shall be ex officio secretary of the board and may
1327
similarly provide that the county treasurer shall be ex officio treasurer of the board. [If the board
1328
appoints its own secretary and treasurer, it may combine the two offices. The county legislative
1329
body shall require all officers and employees who shall be charged with the handling of funds of
1330
the district to furnish good and sufficient surety bonds, or the board in its discretion may provide
1331
for a blanket surety bond covering all such officers and employees. All such bonds shall be at the
1332
expense of the district.]
1333
Section 42.
Section
17A-2-613
is amended to read:
1334
17A-2-613. Office of the board of trustees -- Principal places of business of district.
1335
The office of the [fire commissioners] board of trustees and principal places of business
1336
of the district shall be within [said] the district or at some place within the county in which the
1337
district is situated and as near as possible to [said] the district. [The board shall hold regular
1338
monthly meetings at their office on such day as they, by resolution previously adopted, shall
1339
determine, and may adjourn such meetings as may be required for the proper transaction of
1340
business. Special meetings of the board may be called at any time by a majority of the
1341
commissioners or by the secretary and the chairman of the board. Any fire commissioner not
1342
joining in the call of a special meeting shall be entitled to a three day written notice by mail of the
1343
same, specifying generally the business proposed to be transacted at said special meeting, but,
1344
when at any special meeting of the board all members are present, lack of previous notice thereof
1345
shall not invalidate the proceedings. All meetings of the fire commissioners shall be public and
1346
a majority shall constitute a quorum for the transaction of business. All records of the board shall
1347
be open to the inspection of any person at any reasonable time. The board shall have the power
1348
and it shall be the duty of the board to adopt a seal of the district, to manage and conduct business
1349
affairs of the district, to make and execute all necessary contracts, to employ any necessary service
1350
and to establish and promulgate reasonable rules and regulations for the government of the district
1351
and for the performance of its functions and generally to perform all such acts as may be necessary
1352
fully to carry out the objects of the creation of the district.]
1353
Section 43.
Section
17A-2-614
is amended to read:
1354
17A-2-614. Annexation of contiguous territory -- Procedure -- Petition -- Special
1355
election.
1356
(1) Territory contiguous with a fire protection district may be annexed to the district as
1357
provided in this section.
1358
(2) (a) Annexation is initiated by filing a petition signed by 25% or more of the owners of
1359
real property within the territory proposed to be annexed.
1360
(b) The petition shall be filed with the [fire commissioners] board of trustees of the fire
1361
protection district.
1362
(c) If the [fire commissioners concur] board of trustees concurs with the petition, [they]
1363
it shall then file the petition with the county legislative body.
1364
(3) (a) Except as provided in Subsection (3)(b), the proceedings by the county legislative
1365
body shall be the same as for the organization of a district under this part, except that the special
1366
election shall be held only within the boundaries of the territory proposed to be annexed to the fire
1367
protection district.
1368
(b) Notwithstanding Subsection (3)(a), if a petition filed under Subsection (2)(a) has been
1369
signed by all the owners of real property within the territory proposed to be annexed:
1370
(i) the hearing requirements of Sections
17A-2-603
and
17A-2-604
and the election
1371
requirements of Section
17A-2-605
and
17A-2-606
do not apply; and
1372
(ii) immediately upon receipt of the petition from the fire protection district commissioners
1373
under Subsection (2)(c), the county legislative body shall by resolution declare the territory to be
1374
annexed to the fire protection district.
1375
Section 44.
Section
17A-2-615
is amended to read:
1376
17A-2-615. Association to encourage uniformity and coordination of programs --
1377
Contracts between two or more fire protection districts.
1378
[Any fire protection district organized under this part shall, in addition to the powers stated
1379
in Section
17A-2-611
, have authority:]
1380
(1) [To] In addition to the powers stated in Section
17A-2-611
, a fire protection district
1381
organized under this part may contract with any fire protection district, or with any town, city or
1382
municipal corporation or governmental agency or private person or persons to consolidate or
1383
cooperate for mutual fire fighting protection and prevention purposes; or, for mutual fire fighting,
1384
protection and prevention purposes only, may annex or become annexed to any city or town or
1385
governmental agency already provided with fire fighting and protection equipment and fire
1386
protection service upon terms which may be mutually agreed upon. Any city, town, municipal
1387
corporation or governmental agency may contract with a fire protection district established and
1388
maintained under the provisions of this part for the purpose of affording such district fire fighting
1389
and protection equipment and service or fire prevention facilities, and in so contracting the district,
1390
city, town, municipal corporation or other governmental agency shall be deemed for all purposes
1391
to act within its governmental capacity. Any fire protection district established and maintained
1392
under the provisions of this part, or any city, town, municipal corporation or other governmental
1393
agency is hereby authorized to contract with any person, firm or corporation for the purpose of
1394
affording fire fighting, protection or fire prevention facilities to such person, firm or corporation
1395
and such contractual relation shall be deemed for all purposes to be within the governmental power
1396
of such fire protection district, city, town, municipal corporation, or other governmental agency;
1397
(2) [Fire] In addition to the powers stated in Section
17A-2-611, fire
protection districts
1398
situated in different counties may contract to operate jointly in carrying out the objects of their
1399
creation. Contracts for joint operation may provide for joint ownership of property and equipment,
1400
and may authorize a joint board of [fire commissioners] trustees of the contracting districts to
1401
manage the affairs of the joint operations; to employ and discharge the necessary agents and
1402
employees and fix their respective wages and salaries; to provide and designate a suitable place
1403
within [said] the districts or at some place in which any of the contracting districts is situated as
1404
near as possible to said districts, as a regular meeting place for the joint board; to incur the
1405
necessary expenses and direct the payment therefor from the funds of the contracting districts in
1406
such proportions as the joint boards shall determine; and to do all things as may in the judgment
1407
of the joint board, be required to carry out the joint operations of the contracting districts.
1408
The joint board shall consist of the members of the boards of the contracting districts and
1409
a majority of the membership of each district board shall constitute a quorum for the transaction
1410
of the business of the joint board. The members of the boards of [fire commissioners] trustees of
1411
the contracting districts shall organize a joint board annually in January after the second Monday
1412
thereof, elect a [chairman] chair and appoint a secretary for the ensuing year. Any member of the
1413
board of any contracting district may act as secretary of the joint board or the joint board may
1414
appoint such other person as the joint board may determine. The joint board shall prepare the
1415
annual budget for the joint operation of the contracting districts and shall determine the share of
1416
revenues for the joint operation to be raised by each district and the share of the expense of joint
1417
operation to be paid by each district in the ensuing year, and the secretary of the joint board shall
1418
certify and deliver within the time required by Section
17A-2-617
hereof, a copy of such annual
1419
budget to the county clerk of each county involved and to each of the contracting districts, showing
1420
the part of the budget to be raised by each contracting district, each contracting district shall then
1421
include that part of the budget to be raised by such district within the budget prepared and
1422
submitted to the county legislative body in accordance with Section
17A-2-617
.
1423
Contracts for joint operation of fire districts, as herein authorized, shall run from year to
1424
year and as of January 1st may be terminated by written notice of the board of [fire commissioners
1425
or] trustees of any contracting district to the other contracting district or districts on or before July
1426
1st and the contract for joint operations shall terminate on January 1st following: Provided, that
1427
all obligations of the joint operations must be paid or definitely arranged for before contract
1428
termination and no notice of termination shall relieve any contracting district of its unpaid
1429
obligation incurred under the contract for joint operation[;].
1430
(3) To encourage uniformity and coordination of fire protection district operation
1431
programs, the [fire commissioners] board of trustees of two or more fire protection districts may
1432
form an association thereof for the purpose of securing data and information of value in fighting
1433
and in preventing fires; hold and attend meetings thereof; and promote more economical and
1434
efficient operation of the associated fire protection districts. The [directors] trustees of fire
1435
protection districts so associated shall adopt articles of association, select a [chairman] chair and
1436
secretary and such other officers as they may determine, and may employ and discharge such
1437
agents and employees as the officers [deem] consider convenient to carry out the purposes of the
1438
association.
1439
(4) Two or more fire protection districts may contract with each other and such a district
1440
may contract with a city or county or the state supervisor of forestry or any association approved
1441
by [him] the supervisor for the joint leasing, ownership, maintenance and operation of all necessary
1442
and proper apparatus, facilities, machinery, and equipment for the elimination of fire hazards and
1443
for the protection of life and property against fire within the contracting districts, and of real
1444
property, improvements and fixtures thereon suitable and convenient for the housing, repairing and
1445
caring for, such apparatus, facilities, machinery and equipment, and may contribute their agreed
1446
proportion of the cost and expense thereof.
1447
Such contracts shall be executed by the [commissioners] board of trustees of the
1448
contracting districts and, when the contract is between such districts, the terms and conditions
1449
thereof shall be carried out by the boards of [commissioners] trustees acting jointly.
1450
Section 45.
Section
17A-2-617
is amended to read:
1451
17A-2-617. Annual budget -- Levy, extension, and collection of taxes.
1452
Before June 15 of each year the [commissioners] board of trustees of each fire protection
1453
district shall prepare and adopt a budget for the next ensuing calendar year, and certify such budget
1454
to the county clerk specifying the amount of such budget to be raised by taxes. [It shall be the duty
1455
of the] The county legislative body [to] shall review such budget, [to] determine the tax levy rate
1456
for such district, and in levying general county taxes, [to] levy a tax at such rate for district
1457
purposes on all taxable property in the district. Such taxes shall be extended and collected in the
1458
manner provided by law for the collection of general county taxes and the proceeds thereof shall
1459
as collected be turned over to the treasurer of the district. All laws applicable to the imposition,
1460
collection and enforcement of general county taxes, including those pertaining to the allowance
1461
of collection fees, to the imposition of penalties for delinquencies and to the sale of property for
1462
nonpayment of taxes, shall be applicable to the taxes so levied for the district. The official in
1463
charge of the tax and assessment rolls of the county shall keep the rolls in such a manner as to
1464
show separately the property on the rolls which lies within the boundaries of each district created
1465
under the provisions of this part.
1466
Section 46.
Section
17A-2-618
is amended to read:
1467
17A-2-618. Bonds -- Duty of board of trustees -- Levy of taxes for payment of bonds.
1468
The [commissioners] board of trustees of each district which has issued bonds under the
1469
provisions of this part shall certify annually to the county legislative body the amount of the
1470
bonded indebtedness unpaid, the amount of principal and interest to be paid during the current
1471
year, and the county legislative body shall levy annually, until principal and interest have been
1472
fully paid, taxes on all taxable property in the district, fully sufficient to assure the prompt payment
1473
of principal and interest as each falls due. The taxes to be levied by the county legislative body for
1474
any district, other than those levied for the payment of principal and of interest on the bonds of the
1475
district, may not in any year exceed .0008 per dollar of taxable value of taxable property in the
1476
district.
1477
Section 47.
Section
17A-2-619
is amended to read:
1478
17A-2-619. Indebtedness not to exceed estimated expendable revenue.
1479
It shall be unlawful for fire protection district [commissioners] board of trustees to incur
1480
any indebtedness in excess of the estimated expendable revenue for the ensuing year except as
1481
otherwise provided [herein] in this part.
1482
Section 48.
Section
17A-2-622
is amended to read:
1483
17A-2-622. Election regarding issuance of bonds.
1484
(1) After a fire protection district has been created, a petition may be presented to the fire
1485
protection district [commissioners] board of trustees requesting [such commissioners] the board
1486
to order an election to determine whether the bonds of the district shall be issued to the amount
1487
and for the purpose or purposes stated in the petition. Such petition shall comply in all respects
1488
to the requirements of Section
17A-2-602
hereof, except shall be made to the fire protection
1489
district [commissioners] board of trustees. After the filing of [said] the petition, the board of
1490
trustees' procedure [of said commissioners] in respect to publication of notice, contents of notice,
1491
hearing and determination of petition, continuance, objections, determination of amount of bonds
1492
shall comply, as nearly as