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S.B. 184
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Senate 2nd Reading Amendments 2-26-2003 rd/rhr
- 1 -
Senate Committee Amendments 2-21-2003 rd/rhr
This document includes Senate Committee Amendments incorporated into the bill on Fri,
Feb 21, 2003 at 11:39 AM by rday. -->
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on
Wed, Feb 26, 2003 at 10:59 AM by rday. -->
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MUNICIPAL IMPROVEMENT DISTRICT
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AMENDMENTS
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2003 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Carlene M. Walker
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This act modifies the Utah Municipal Improvement District Act to expand the
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improvements that a municipal improvement district is authorized to provide to include
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certain S
CABLE TELEVISION AND
s telecommunications facilities and equipment. The act
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requires property owner
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consent for property to be included in the district and to be made subject to assessment.
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S
THE ACT LIMITS THE USE OF FUNDS FROM AN ASSESSMENT FOR A SPECIAL IMPROVEMENT
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DISTRICT FOR CABLE TELEVISION AND TELECOMMUNICATIONS FACILITIES AND PROHIBITS
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NONDISTRICT MUNICIPAL FUNDS FROM BEING USED FOR THOSE FACILITIES.
s
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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-3-304, as last amended by Chapter 47, Laws of Utah 1991
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
17A-3-304
is amended to read:
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17A-3-304. Powers of municipality.
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(1) The governing body of any municipality may make or cause to be made any one or
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more or combination of the following improvements:
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(a) establish grades and lay out, establish, open, extend, and widen any street, sidewalk,
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alley, or off-street parking facility;
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(b) improve, repair, light, grade, pave, repave, curb, gutter, sewer, drain, park, and
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beautify any street, sidewalk, alley, or off-street parking facility;
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(c) construct, reconstruct, extend, maintain, or repair bridges, sidewalks, crosswalks,
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driveways, culverts, sewers, storm sewers, drains, flood barriers, and channels;
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(d) construct, reconstruct, extend, maintain, or repair lines, facilities, and equipment,
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other than generating equipment, for street lighting purposes or for the expansion or
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improvement of a previously established, municipally owned electrical distribution system, to a
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district within the boundaries of the municipality;
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Senate Committee Amendments 2-21-2003 rd/rhr
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(e) plant or cause to be planted, set out, cultivate, and maintain lawns, shade trees, or
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other landscaping;
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(f) (i) cover, fence, safeguard, or enclose reservoirs, canals, ditches, and watercourses;
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and
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(ii) construct, reconstruct, extend, maintain, and repair waterworks, reservoirs, canals,
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ditches, pipes, mains, hydrants, and other water facilities for the purpose of supplying water for
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domestic and irrigation purposes or either, regulating, controlling, or distributing water for
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domestic and irrigation purposes and regulating and controlling water and watercourses leading
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into the municipality;
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(g) acquire, construct, reconstruct, extend, maintain, or repair parking lots or other
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facilities for the parking of vehicles off streets;
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(h) acquire, construct, reconstruct, extend, maintain, or repair any of the improvements
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authorized in this section for use in connection with an industrial or research park;
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(i) acquire, construct, reconstruct, extend, maintain, or repair parks, recreational
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facilities, and libraries;
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(j) remove any nonconforming existing improvements in the areas to be improved;
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(k) construct, reconstruct, extend, maintain, or repair optional improvements;
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(l) acquire any property necessary or advisable in order to make any of these
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improvements;
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(m) make any other improvements authorized by any other law, the cost of which may,
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in whole or in part, properly be determined to be of particular benefit to a particular area within
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the municipality;
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(n) (i) construct and install all structures, equipment, and other items; and
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(ii) do any other work that is necessary or appropriate to complete any of these
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improvements; [and]
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(o) conduct economic promotion activities[.]; and
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(p) subject to Subsection (5), acquire, construct, reconstruct, extend, maintain, or repair
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lines, facilities, and equipment for providing S
CABLE TELEVISION SERVICE OR
s public
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telecommunications service, as defined in
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Section
10-18-102 S [
, subject to the limitations contained in Title 10, Chapter 18, Municipal
]
.
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[
Cable Television and Public Telecommunications Services Act.
] s
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(2) In a district created for economic promotion activities, the governing body of the
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Senate 2nd Reading Amendments 2-26-2003 rd/rhr
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Senate Committee Amendments 2-21-2003 rd/rhr
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municipality shall:
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(a) spend at least 70% of any funds generated on economic promotion activities; and
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(b) spend no more than 30% of any funds generated on administrative costs, including
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salaries, benefits, rent, travel, and costs incidental to publications.
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(3) For the purpose of making and paying for all or a part of the cost of any
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improvements or optional improvements, the governing body of a municipality may:
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(a) create special improvement districts within the municipality;
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(b) levy assessments on the property within the district that is benefited by the
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improvements;
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(c) collect improvement revenues from those improvements; and
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(d) issue interim warrants and special improvement bonds as provided in this part.
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(4) A governing body may not use the procedures outlined in this part to pay the cost of
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buildings or structures used for industry or research.
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(5) S
(a)
s A district created to make the improvements set forth in Subsection (1)(p) S
: (i)
s
may
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include only the property of an owner who has voluntarily consented to include the owner's
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property in the district and to subject the property to an assessment of the district S [
.
]
; AND
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(ii) NOTWITHSTANDING TITLE 10, CHAPTER 18, MUNICIPAL CABLE TELEVISION AND PUBLIC
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TELECOMMUNICATIONS SERVICES, MAY NOT PROVIDE CABLE TELEVISION SERVICE OR PUBLIC
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TELECOMMUNICATIONS SERVICE, AS DEFINED IN SECTION 10-18-102.
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(b) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MUNICIPALITY THAT CREATES
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A DISTRICT TO MAKE THE IMPROVEMENTS SET FORTH IN SUBSECTION (1)(p) MAY NOT USE
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MUNICIPAL FUNDS, OTHER THAN THOSE DERIVED FROM AN ASSESSMENT LEVIED UNDER THIS
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PART ON PROPERTY WITHIN THAT DISTRICT, TO PAY FOR THOSE IMPROVEMENTS.
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(c) NOTWITHSTANDING ANY OTHER PROVISION OF THIS PART, FUNDS DERIVED FROM AN
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ASSESSMENT LEVIED UNDER THIS PART ON PROPERTY WITHIN A DISTRICT CREATED TO MAKE
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THE IMPROVEMENTS SET FORTH IN SUBSECTION (1)(p) MAY BE USED ONLY FOR THE PURPOSE
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OF MAKING THOSE IMPROVEMENTS.
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Legislative Review Note
as of 2-6-03 9:54 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.