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S.B. 47 Enrolled
1
LIMITED PURPOSE LOCAL GOVERNMENT
2
ENTITIES REVISIONS
3
2008 GENERAL SESSION
4
STATE OF UTAH
5
Chief Sponsor: Dennis E. Stowell
6
House Sponsor:
Fred R. Hunsaker
7
8
LONG TITLE
9
General Description:
10
This bill modifies provisions relating to limited purpose local government entities.
11
Highlighted Provisions:
12
This bill:
13
. repeals and reenacts, rewrites, clarifies, and modifies provisions related to special
14
service districts, municipal building authorities, and conservation districts;
15
. expands the entities authorized to create a building authority to include local districts
16
and special service districts;
17
. repeals provisions related to parking and business improvement districts, special
18
road districts, and historic districts;
19
. reenacts historic preservation authority for counties and municipalities;
20
. modifies assessment area provisions to preserve authority eliminated through the
21
repeal of parking and business improvement district provisions;
22
. requires the type of local district proposed to be created to be specified in the
23
petition or resolution proposing the creation of a local district;
24
. clarifies that a local district board of trustees member must be a registered voter at
25
the location of the member's residence;
26
. modifies a provision authorizing a local district to agree to the use of its land or land
27
over which it has a right-of-way;
28
. provides that a previously created local district authorized to provide fire protection
29
service is also authorized to provide paramedic and emergency service;
30
. allows an agent or officer of an owner of land to qualify as a board of trustees
31
member of certain local districts with seasonally occupied homes;
32
. specifies who may administer an oath of office to a local district board of trustees
33
member and requires an oath to be filed with the local district clerk;
34
. modifies a provision relating to the relationship between a local district election and
35
a municipal general election;
36
. exempts local district and special service district elections from early voting
37
provisions;
38
. eliminates a requirement that a water conservancy district publish notice of a board
39
vacancy;
40
. reduces the percentage of property owners or voters required to protest the creation
41
of a special service district or the addition of new territory or a new service to the
42
special service district;
43
. eliminates a provision stating that a federal employee protection act applies to public
44
transit district leases and other agreements;
45
. makes a provision allowing a service area to establish divisions for electing some or
46
all elected board members to apply to all local districts rather than just service areas;
47
. increases the number of services that a local district may provide from two to four;
48
. expands the group of service areas that have a higher allowable tax rate to include
49
service areas in second class counties, if the service area provides fire protection,
50
paramedic, and emergency services;
51
. eliminates a cap on the number of local district board of trustees members allowed,
52
and makes conforming changes;
53
. authorizes animal control officers of special service districts to issue misdemeanor
54
and infraction citations;
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. limits the area that an improvement district for electric service may include and
56
requires that type of district to have applied for and received approval of a
57
certification before a certain date;
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. authorizes a special service district to provide service outside its boundary;
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. modifies the type of correctional facilities and services that a special service district
60
is authorized to provide;
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. authorizes a special service district in a county of the first class to provide extended
62
police protection;
63
. eliminates a cap on the number of special service district administrative control
64
board members allowed;
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. modifies the qualifications of an administrative control board member;
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. clarifies that a provision relating to the imposition and increasing of local district fees
67
does not apply to impact fees;
68
. modifies a provision relating to the oath of office of local district board members;
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. clarifies that a voter at an election of a local district board member must be a
70
registered voter within the district;
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. authorizes a local district board to pay local district board members a specified
72
compensation for training every year rather than every two years;
73
. modifies the authority of a conservation district;
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. modifies the date by which a conservation district's annual report is to be submitted
75
to the commission; and
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. makes technical changes.
77
Monies Appropriated in this Bill:
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None
79
Other Special Clauses:
80
This bill coordinates with H.B. 77, Personal Property Tax Amendments, by providing
81
technical amendments.
82
Utah Code Sections Affected:
83
AMENDS:
84
4-18-3, as last amended by Laws of Utah 2007, Chapter 179
85
4-18-5, as last amended by Laws of Utah 2007, Chapter 179
86
4-20-1.5, as last amended by Laws of Utah 2007, Chapter 179
87
10-2-101, as last amended by Laws of Utah 2007, Chapter 329
88
10-2-401, as last amended by Laws of Utah 2007, Chapter 329
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10-2-428, as last amended by Laws of Utah 2007, Chapter 329
90
10-9a-103, as last amended by Laws of Utah 2007, Chapters 188, 199, and 329
91
10-15-4, as last amended by Laws of Utah 1992, Chapter 30
92
10-15-6, as last amended by Laws of Utah 1992, Chapter 30
93
11-14-102, as last amended by Laws of Utah 2007, Chapter 329
94
11-17-3, as last amended by Laws of Utah 2005, Chapter 105
95
11-27-2, as last amended by Laws of Utah 2007, Chapter 329
96
11-32-2, as last amended by Laws of Utah 1993, Chapter 227
97
11-36-102, as last amended by Laws of Utah 2007, Chapter 329
98
11-36-201, as last amended by Laws of Utah 2007, Chapter 329
99
11-39-101, as last amended by Laws of Utah 2007, Chapter 329
100
11-40-101, as last amended by Laws of Utah 2007, Chapter 329
101
11-42-102, as enacted by Laws of Utah 2007, Chapter 329
102
11-39-104, as enacted by Laws of Utah 2003, Chapter 259
103
11-43-102, as enacted by Laws of Utah 2007, Chapter 118
104
17-27a-103, as last amended by Laws of Utah 2007, Chapters 188, 199, and 329
105
17-52-403, as last amended by Laws of Utah 2007, Chapter 329
106
17-53-311, as last amended by Laws of Utah 2005, Chapter 102
107
17B-1-102, as renumbered and amended by Laws of Utah 2007, Chapter 329
108
17B-1-103, as enacted by Laws of Utah 2007, Chapter 329
109
17B-1-202, as renumbered and amended by Laws of Utah 2007, Chapter 329
110
17B-1-203, as renumbered and amended by Laws of Utah 2007, Chapter 329
111
17B-1-205, as renumbered and amended by Laws of Utah 2007, Chapter 329
112
17B-1-215, as renumbered and amended by Laws of Utah 2007, Chapter 329
113
17B-1-302, as renumbered and amended by Laws of Utah 2007, Chapter 329
114
17B-1-303, as renumbered and amended by Laws of Utah 2007, Chapter 329
115
17B-1-306, as renumbered and amended by Laws of Utah 2007, Chapter 329
116
17B-1-312, as renumbered and amended by Laws of Utah 2007, Chapter 329
117
17B-1-643, as renumbered and amended by Laws of Utah 2007, Chapter 329
118
17B-1-1002, as enacted by Laws of Utah 2007, Chapter 329
119
17B-1-1101, as enacted by Laws of Utah 2007, Chapter 329
120
17B-1-1103, as enacted by Laws of Utah 2007, Chapter 329
121
17B-1-1104, as enacted by Laws of Utah 2007, Chapter 329
122
17B-2a-404, as enacted by Laws of Utah 2007, Chapter 329
123
17B-2a-405, as enacted by Laws of Utah 2007, Chapter 329
124
17B-2a-406, as renumbered and amended by Laws of Utah 2007, Chapter 329
125
17B-2a-804, as enacted by Laws of Utah 2007, Chapter 329
126
17B-2a-813, as enacted by Laws of Utah 2007, Chapter 329
127
17B-2a-1005, as renumbered and amended by Laws of Utah 2007, Chapter 329
128
17B-2a-1007, as enacted by Laws of Utah 2007, Chapter 329
129
19-3-301, as last amended by Laws of Utah 2007, Chapter 329
130
19-6-502, as last amended by Laws of Utah 2007, Chapter 329
131
20A-1-102, as last amended by Laws of Utah 2007, Chapters 75, 256, 285, and 329
132
20A-11-1202, as last amended by Laws of Utah 2007, Chapter 329
133
26-8a-405.1, as last amended by Laws of Utah 2007, Chapter 329
134
26-8a-405.2, as last amended by Laws of Utah 2005, Chapters 25 and 205
135
51-7-3, as last amended by Laws of Utah 2007, Chapter 207
136
52-4-202, as last amended by Laws of Utah 2007, Chapters 45 and 249
137
52-4-203, as last amended by Laws of Utah 2007, Chapters 35, 204, and 329
138
53-2-502, as enacted by Laws of Utah 2007, Chapter 331
139
53A-2-123, as last amended by Laws of Utah 2007, Chapter 329
140
54-14-103, as last amended by Laws of Utah 2007, Chapters 242 and 329
141
59-2-102, as last amended by Laws of Utah 2007, Chapters 107, 234, and 329
142
59-2-924, as last amended by Laws of Utah 2007, Chapters 107 and 329
143
59-21-1, as last amended by Laws of Utah 2007, Chapter 303
144
59-21-2, as last amended by Laws of Utah 2007, Chapter 303
145
63-9-68, as enacted by Laws of Utah 2007, Chapter 118
146
63E-1-102, as last amended by Laws of Utah 2007, Chapter 329
147
67-1a-6.5, as last amended by Laws of Utah 2007, Chapters 212 and 329
148
67-3-1, as last amended by Laws of Utah 2007, Chapter 329
149
69-2-4, as last amended by Laws of Utah 1992, Chapter 30
150
69-2-5, as last amended by Laws of Utah 2007, Chapter 241
151
73-2-1, as last amended by Laws of Utah 2007, Chapter 329
152
73-5-15, as last amended by Laws of Utah 2007, Chapters 179 and 329
153
73-10-21, as last amended by Laws of Utah 2007, Chapter 329
154
77-7-18, as last amended by Laws of Utah 2005, Chapter 2
155
78B-4-509, as renumbered and amended by Laws of Utah 2008, Chapter 3
156
ENACTS:
157
10-8-85.9, Utah Code Annotated 1953
158
17-50-324, Utah Code Annotated 1953
159
17D-1-101, Utah Code Annotated 1953
160
17D-1-102, Utah Code Annotated 1953
161
17D-1-103, Utah Code Annotated 1953
162
17D-1-104, Utah Code Annotated 1953
163
17D-1-105, Utah Code Annotated 1953
164
17D-1-106, Utah Code Annotated 1953
165
17D-1-107, Utah Code Annotated 1953
166
17D-1-108, Utah Code Annotated 1953
167
17D-1-109, Utah Code Annotated 1953
168
17D-1-201, Utah Code Annotated 1953
169
17D-1-202, Utah Code Annotated 1953
170
17D-1-203, Utah Code Annotated 1953
171
17D-1-204, Utah Code Annotated 1953
172
17D-1-205, Utah Code Annotated 1953
173
17D-1-206, Utah Code Annotated 1953
174
17D-1-207, Utah Code Annotated 1953
175
17D-1-208, Utah Code Annotated 1953
176
17D-1-209, Utah Code Annotated 1953
177
17D-1-210, Utah Code Annotated 1953
178
17D-1-211, Utah Code Annotated 1953
179
17D-1-212, Utah Code Annotated 1953
180
17D-1-301, Utah Code Annotated 1953
181
17D-1-302, Utah Code Annotated 1953
182
17D-1-303, Utah Code Annotated 1953
183
17D-1-304, Utah Code Annotated 1953
184
17D-1-305, Utah Code Annotated 1953
185
17D-1-306, Utah Code Annotated 1953
186
17D-1-401, Utah Code Annotated 1953
187
17D-1-402, Utah Code Annotated 1953
188
17D-1-403, Utah Code Annotated 1953
189
17D-1-501, Utah Code Annotated 1953
190
17D-1-502, Utah Code Annotated 1953
191
17D-1-503, Utah Code Annotated 1953
192
17D-1-504, Utah Code Annotated 1953
193
17D-1-505, Utah Code Annotated 1953
194
17D-1-506, Utah Code Annotated 1953
195
17D-1-507, Utah Code Annotated 1953
196
17D-1-508, Utah Code Annotated 1953
197
17D-1-509, Utah Code Annotated 1953
198
17D-1-601, Utah Code Annotated 1953
199
17D-1-602, Utah Code Annotated 1953
200
17D-1-603, Utah Code Annotated 1953
201
17D-2-101, Utah Code Annotated 1953
202
17D-2-102, Utah Code Annotated 1953
203
17D-2-103, Utah Code Annotated 1953
204
17D-2-104, Utah Code Annotated 1953
205
17D-2-105, Utah Code Annotated 1953
206
17D-2-106, Utah Code Annotated 1953
207
17D-2-107, Utah Code Annotated 1953
208
17D-2-108, Utah Code Annotated 1953
209
17D-2-109, Utah Code Annotated 1953
210
17D-2-110, Utah Code Annotated 1953
211
17D-2-201, Utah Code Annotated 1953
212
17D-2-202, Utah Code Annotated 1953
213
17D-2-203, Utah Code Annotated 1953
214
17D-2-301, Utah Code Annotated 1953
215
17D-2-302, Utah Code Annotated 1953
216
17D-2-401, Utah Code Annotated 1953
217
17D-2-402, Utah Code Annotated 1953
218
17D-2-403, Utah Code Annotated 1953
219
17D-2-404, Utah Code Annotated 1953
220
17D-2-405, Utah Code Annotated 1953
221
17D-2-501, Utah Code Annotated 1953
222
17D-2-502, Utah Code Annotated 1953
223
17D-2-503, Utah Code Annotated 1953
224
17D-2-504, Utah Code Annotated 1953
225
17D-2-505, Utah Code Annotated 1953
226
17D-2-506, Utah Code Annotated 1953
227
17D-2-507, Utah Code Annotated 1953
228
17D-2-601, Utah Code Annotated 1953
229
17D-2-602, Utah Code Annotated 1953
230
17D-2-701, Utah Code Annotated 1953
231
17D-2-702, Utah Code Annotated 1953
232
17D-3-101, Utah Code Annotated 1953
233
17D-3-103, Utah Code Annotated 1953
234
17D-3-104, Utah Code Annotated 1953
235
17D-3-201, Utah Code Annotated 1953
236
17D-3-202, Utah Code Annotated 1953
237
17D-3-203, Utah Code Annotated 1953
238
17D-3-204, Utah Code Annotated 1953
239
17D-3-301, Utah Code Annotated 1953
240
17D-3-302, Utah Code Annotated 1953
241
17D-3-303, Utah Code Annotated 1953
242
17D-3-304, Utah Code Annotated 1953
243
17D-3-305, Utah Code Annotated 1953
244
17D-3-306, Utah Code Annotated 1953
245
17D-3-307, Utah Code Annotated 1953
246
17D-3-308, Utah Code Annotated 1953
247
17D-3-309, Utah Code Annotated 1953
248
17D-3-310, Utah Code Annotated 1953
249
20A-3-605, Utah Code Annotated 1953
250
RENUMBERS AND AMENDS:
251
17B-1-306.5, (Renumbered from 17B-2a-906, as enacted by Laws of Utah 2007,
252
Chapter 329)
253
17D-3-102, (Renumbered from 17A-3-800, as last amended by Laws of Utah 2007,
254
Chapter 179)
255
REPEALS:
256
17A-2-1301, as renumbered and amended by Laws of Utah 1990, Chapter 186
257
17A-2-1302, as last amended by Laws of Utah 2003, Chapter 292
258
17A-2-1303, as renumbered and amended by Laws of Utah 1990, Chapter 186
259
17A-2-1304, as last amended by Laws of Utah 2007, Chapters 183 and 203
260
17A-2-1305, as renumbered and amended by Laws of Utah 1990, Chapter 186
261
17A-2-1306, as renumbered and amended by Laws of Utah 1990, Chapter 186
262
17A-2-1307, as renumbered and amended by Laws of Utah 1990, Chapter 186
263
17A-2-1308, as last amended by Laws of Utah 2003, Chapter 292
264
17A-2-1309, as renumbered and amended by Laws of Utah 1990, Chapter 186
265
17A-2-1310, as renumbered and amended by Laws of Utah 1990, Chapter 186
266
17A-2-1311, as last amended by Laws of Utah 2005, Chapter 233
267
17A-2-1312, as last amended by Laws of Utah 2005, Chapter 105
268
17A-2-1313, as last amended by Laws of Utah 2005, Chapter 233
269
17A-2-1314, as last amended by Laws of Utah 2007, Chapter 329
270
17A-2-1315, as last amended by Laws of Utah 2007, Chapter 329
271
17A-2-1316, as last amended by Laws of Utah 2005, Chapter 105
272
17A-2-1317, as renumbered and amended by Laws of Utah 1990, Chapter 186
273
17A-2-1318, as last amended by Laws of Utah 2005, Chapter 148
274
17A-2-1319, as renumbered and amended by Laws of Utah 1990, Chapter 186
275
17A-2-1320, as last amended by Laws of Utah 2001, Chapter 195
276
17A-2-1321, as last amended by Laws of Utah 2004, Chapter 316
277
17A-2-1322, as last amended by Laws of Utah 2005, Chapters 105 and 260
278
17A-2-1323, as renumbered and amended by Laws of Utah 1990, Chapter 186
279
17A-2-1324, as renumbered and amended by Laws of Utah 1990, Chapter 186
280
17A-2-1325, as renumbered and amended by Laws of Utah 1990, Chapter 186
281
17A-2-1326, as last amended by Laws of Utah 2007, Chapters 203 and 329
282
17A-2-1327, as last amended by Laws of Utah 2005, Chapter 233
283
17A-2-1328, as renumbered and amended by Laws of Utah 1990, Chapter 186
284
17A-2-1329, as last amended by Laws of Utah 2005, Chapter 233
285
17A-2-1330, as last amended by Laws of Utah 2007, Chapter 329
286
17A-2-1331, as renumbered and amended by Laws of Utah 1990, Chapter 186
287
17A-2-1332, as renumbered and amended by Laws of Utah 1990, Chapter 186
288
17A-3-401, as renumbered and amended by Laws of Utah 1990, Chapter 186
289
17A-3-402, as renumbered and amended by Laws of Utah 1990, Chapter 186
290
17A-3-403, as renumbered and amended by Laws of Utah 1990, Chapter 186
291
17A-3-404, as renumbered and amended by Laws of Utah 1990, Chapter 186
292
17A-3-405, as renumbered and amended by Laws of Utah 1990, Chapter 186
293
17A-3-406, as renumbered and amended by Laws of Utah 1990, Chapter 186
294
17A-3-407, as last amended by Laws of Utah 2003, Chapter 292
295
17A-3-408, as renumbered and amended by Laws of Utah 1990, Chapter 186
296
17A-3-409, as renumbered and amended by Laws of Utah 1990, Chapter 186
297
17A-3-410, as renumbered and amended by Laws of Utah 1990, Chapter 186
298
17A-3-411, as renumbered and amended by Laws of Utah 1990, Chapter 186
299
17A-3-412, as last amended by Laws of Utah 2000, Chapter 1
300
17A-3-413, as renumbered and amended by Laws of Utah 1990, Chapter 186
301
17A-3-414, as renumbered and amended by Laws of Utah 1990, Chapter 186
302
17A-3-801, as renumbered and amended by Laws of Utah 1990, Chapter 186
303
17A-3-802, as renumbered and amended by Laws of Utah 1990, Chapter 186
304
17A-3-803, as renumbered and amended by Laws of Utah 1990, Chapter 186
305
17A-3-804, as last amended by Laws of Utah 1997, Chapter 180
306
17A-3-805, as last amended by Laws of Utah 2005, Chapter 39
307
17A-3-806, as renumbered and amended by Laws of Utah 1990, Chapter 186
308
17A-3-807, as renumbered and amended by Laws of Utah 1990, Chapter 186
309
17A-3-1201, as last amended by Laws of Utah 1993, Chapter 227
310
17A-3-1202, as renumbered and amended by Laws of Utah 1990, Chapter 186
311
17A-3-1203, as last amended by Laws of Utah 1993, Chapter 227
312
17A-3-1204, as last amended by Laws of Utah 1994, Chapter 146
313
17A-3-1205, as renumbered and amended by Laws of Utah 1990, Chapter 186
314
17A-3-1206, as last amended by Laws of Utah 1993, Chapter 227
315
17A-3-1301, as renumbered and amended by Laws of Utah 1990, Chapter 186
316
17A-3-1302, as renumbered and amended by Laws of Utah 1990, Chapter 186
317
17A-3-1303, as renumbered and amended by Laws of Utah 1990, Chapter 186
318
17A-3-1304, as renumbered and amended by Laws of Utah 1990, Chapter 186
319
17A-3-1305, as renumbered and amended by Laws of Utah 1990, Chapter 186
320
17A-3-1306, as renumbered and amended by Laws of Utah 1990, Chapter 186
321
322
Be it enacted by the Legislature of the state of Utah:
323
Section 1.
Section
4-18-3
is amended to read:
324
4-18-3. Definitions.
325
As used in this chapter:
326
(1) "Alternate" means a substitute for a district supervisor if the district supervisor
327
cannot attend a meeting.
328
(2) (a) "Animal feeding operation" means a facility where animals, other than aquatic
329
animals, are stabled or confined and fed or maintained for a total of 45 days or more in any
330
12-month period.
331
(b) "Animal feeding operation" does not include an operation where animals are in areas
332
such as pastures or rangeland that sustain crops or forage growth during the entire time the
333
animals are present.
334
(3) "Commission" means the Conservation Commission created in Section
4-18-4
.
335
(4) "Comprehensive nutrient management plan" means a plan that identifies actions or
336
priorities that will be followed to meet clearly defined nutrient management goals at an animal
337
feeding operation.
338
(5) "District" or " conservation district" [means a governmental subdivision of this state
339
organized under Title 17A, Chapter 3, Part 8, Conservation Districts] has the same meaning as
340
"conservation district" as defined in Section
17D-3-102
.
341
Section 2.
Section
4-18-5
is amended to read:
342
4-18-5. Conservation commission -- Functions and duties.
343
(1) The commission shall:
344
(a) facilitate the development and implementation of the strategies and programs
345
necessary to protect, conserve, utilize, and develop the soil and water resources of the state;
346
(b) disseminate information regarding districts' activities and programs;
347
(c) supervise the formation, reorganization, or dissolution of districts according to the
348
requirements of Title [17A] 17D, Chapter 3, [Part 8,] Conservation [Districts] District Act;
349
(d) prescribe uniform accounting and recordkeeping procedures for districts and require
350
each district to submit annually an audit of its funds to the commission;
351
(e) approve and make loans for agricultural purposes, from the Agriculture Resource
352
Development Fund for:
353
(i) nonfederal rangeland improvement and management projects;
354
(ii) watershed protection and flood prevention projects;
355
(iii) agricultural cropland soil and water conservation projects; and
356
(iv) programs designed to promote energy efficient farming practices;
357
(f) administer federal or state funds in accordance with applicable federal or state
358
guidelines and make loans or grants from those funds to land occupiers for the conservation of
359
soil or water resources;
360
(g) seek to coordinate soil and water protection, conservation, and development
361
activities and programs of state agencies, local governmental units, other states, special interest
362
groups, and federal agencies; and
363
(h) plan watershed and flood control projects in cooperation with appropriate local,
364
state, and federal authorities and coordinate flood control projects in the state.
365
(2) The commission may:
366
(a) employ, with the approval of the department, an administrator and necessary
367
technical experts and employees;
368
(b) execute contracts or other instruments necessary to exercise its powers;
369
(c) sue and be sued; and
370
(d) adopt rules, in accordance with Title 63, Chapter 46a, Utah Administrative
371
Rulemaking Act, necessary to carry out the powers and duties specified in Subsections (1)(d),
372
(e), (f), and (2)(b).
373
Section 3.
Section
4-20-1.5
is amended to read:
374
4-20-1.5. State Grazing Advisory Board -- Duties.
375
(1) (a) There is created within the department the State Grazing Advisory Board.
376
(b) The commissioner shall appoint the following members:
377
(i) one member from each regional board;
378
(ii) one member from the Conservation Commission created in Section
4-18-4
;
379
(iii) one representative of the Department of Natural Resources;
380
(iv) two livestock producers at-large; and
381
(v) one representative of the oil, gas, or mining industry.
382
(2) The term of office for a state board member is four years.
383
(3) Members of the state board shall elect a chair, who shall serve for two years.
384
(4) (a) (i) A member who is not a government employee may not receive compensation
385
or benefits for the member's service, but may receive per diem and expenses incurred in the
386
performance of the member's official duties at the rates established by the Division of Finance
387
under Sections
63A-3-106
and
63A-3-107
.
388
(ii) A member may decline to receive per diem and expenses for the member's service.
389
(b) (i) A state government officer and employee member who does not receive salary,
390
per diem, or expenses from the agency the member represents for the member's service may
391
receive per diem and expenses incurred in the performance of the member's official duties at the
392
rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
393
(ii) A state government officer and employee member may decline to receive per diem
394
and expenses for the member's service.
395
(c) (i) A local government member who does not receive salary, per diem, or expenses
396
from the entity that the member represents for the member's service may receive per diem and
397
expenses incurred in the performance of the member's official duties at the rates established by
398
the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
399
(ii) A local government member may decline to receive per diem and expenses for the
400
member's service.
401
(5) The state board shall:
402
(a) receive:
403
(i) advice and recommendations from a regional board concerning:
404
(A) management plans for public lands, state lands, and school and institutional trust
405
lands as defined in Section
53C-1-103
, within the regional board's region; and
406
(B) any issue that impacts grazing on private lands, public lands, state lands, or school
407
and institutional trust lands as defined in Section
53C-1-103
, in its region; and
408
(ii) requests for fund monies from the entities described in Subsections (5)(c)(i) through
409
(iv);
410
(b) recommend state policy positions and cooperative agency participation in federal
411
and state land management plans to the department and to the Public Lands Policy Coordinating
412
Office created under Section
63-38d-602
; and
413
(c) advise the department on the requests and recommendations of:
414
(i) regional boards;
415
(ii) county weed control boards created under Section
4-17-4
;
416
(iii) cooperative weed management associations; and
417
(iv) conservation districts created under the authority of Title [17A] 17D, Chapter 3,
418
[Part 8,] Conservation [Districts] District Act.
419
Section 4.
Section
10-2-101
is amended to read:
420
10-2-101. Definitions.
421
(1) As used in this part:
422
(a) "Commission" means a boundary commission established under Section
10-2-409
423
for the county in which the property that is proposed to be incorporated is located.
424
(b) "Feasibility consultant" means a person or firm with expertise in the processes and
425
economics of local government.
426
(c) "Private," with respect to real property, means not owned by the United States or
427
any agency of the federal government, the state, a county, a municipality, a school district, a
428
local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, a
429
special service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service
430
District Act, or any other political subdivision or governmental entity of the state.
431
(2) For purposes of this part:
432
(a) the owner of real property shall be the record title owner according to the records of
433
the county recorder on the date of the filing of the request or petition; and
434
(b) the value of private real property shall be determined according to the last
435
assessment roll for county taxes before the filing of the request or petition.
436
(3) For purposes of each provision of this part that requires the owners of private real
437
property covering a percentage or fraction of the total private land area within an area to sign a
438
request or petition:
439
(a) a parcel of real property may not be included in the calculation of the required
440
percentage or fraction unless the request or petition is signed by:
441
(i) except as provided in Subsection (3)(a)(ii), owners representing a majority
442
ownership interest in that parcel; or
443
(ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
444
of owners of that parcel;
445
(b) the signature of a person signing a request or petition in a representative capacity on
446
behalf of an owner is invalid unless:
447
(i) the person's representative capacity and the name of the owner the person represents
448
are indicated on the request or petition with the person's signature; and
449
(ii) the person provides documentation accompanying the request or petition that
450
substantiates the person's representative capacity; and
451
(c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
452
request or petition on behalf of a deceased owner.
453
Section 5.
Section
10-2-401
is amended to read:
454
10-2-401. Definitions -- Property owner provisions.
455
(1) As used in this part:
456
(a) "Affected entity" means:
457
(i) a county in whose unincorporated area the area proposed for annexation is located;
458
(ii) a local district under Title 17B, Limited Purpose Local Government Entities - Local
459
Districts, or special service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special
460
Service District Act, whose boundaries include any part of an area proposed for annexation;
461
(iii) a school district whose boundaries include any part of an area proposed for
462
annexation; and
463
(iv) a municipality whose boundaries are within 1/2 mile of an area proposed for
464
annexation.
465
(b) "Annexation petition" means a petition under Section
10-2-403
proposing the
466
annexation to a municipality of a contiguous, unincorporated area that is contiguous to the
467
municipality.
468
(c) "Commission" means a boundary commission established under Section
10-2-409
469
for the county in which the property that is proposed for annexation is located.
470
(d) "Expansion area" means the unincorporated area that is identified in an annexation
471
policy plan under Section
10-2-401.5
as the area that the municipality anticipates annexing in
472
the future.
473
(e) "Feasibility consultant" means a person or firm with expertise in the processes and
474
economics of local government.
475
(f) "Municipal selection committee" means a committee in each county composed of the
476
mayor of each municipality within that county.
477
(g) "Private," with respect to real property, means not owned by the United States or
478
any agency of the federal government, the state, a county, a municipality, a school district, a
479
local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, a
480
special service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service
481
District Act, or any other political subdivision or governmental entity of the state.
482
(h) "Specified county" means a county of the second, third, fourth, fifth, or sixth class.
483
(i) "Urban development" means:
484
(i) a housing development with more than 15 residential units and an average density
485
greater than one residential unit per acre; or
486
(ii) a commercial or industrial development for which cost projections exceed $750,000
487
for all phases.
488
(2) For purposes of this part:
489
(a) the owner of real property shall be the record title owner according to the records of
490
the county recorder on the date of the filing of the petition or protest; and
491
(b) the value of private real property shall be determined according to the last
492
assessment roll for county taxes before the filing of the petition or protest.
493
(3) For purposes of each provision of this part that requires the owners of private real
494
property covering a percentage or majority of the total private land area within an area to sign a
495
petition or protest:
496
(a) a parcel of real property may not be included in the calculation of the required
497
percentage or majority unless the petition or protest is signed by:
498
(i) except as provided in Subsection (3)(a)(ii), owners representing a majority
499
ownership interest in that parcel; or
500
(ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
501
of owners of that parcel;
502
(b) the signature of a person signing a petition or protest in a representative capacity on
503
behalf of an owner is invalid unless:
504
(i) the person's representative capacity and the name of the owner the person represents
505
are indicated on the petition or protest with the person's signature; and
506
(ii) the person provides documentation accompanying the petition or protest that
507
substantiates the person's representative capacity; and
508
(c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
509
petition or protest on behalf of a deceased owner.
510
Section 6.
Section
10-2-428
is amended to read:
511
10-2-428. Neither annexation nor boundary adjustment has an effect on the
512
boundaries of most local districts or special service districts.
513
Except as provided in Section
17B-1-416
and Subsection
17B-1-502
(2), the annexation
514
of an unincorporated area by a municipality or the adjustment of a boundary shared by
515
municipalities does not affect the boundaries of a local district under Title 17B, Limited Purpose
516
Local Government Entities - Local Districts, or a special service district under Title [17A] 17D,
517
Chapter [2, Part 13, Utah] 1, Special Service District Act.
518
Section 7.
Section
10-8-85.9
is enacted to read:
519
CHAPTER 8. POWERS AND DUTIES OF MUNICIPALITIES
520
10-8-85.9. Preservation of historical areas and sites.
521
A municipality may:
522
(1) expend public funds to preserve, protect, or enhance an historical area or site;
523
(2) acquire an historical area or site by direct purchase, contract, lease, trade, or gift;
524
(3) obtain an easement or right-of-way across public or private property to ensure
525
access or proper development of an historical area or site;
526
(4) protect an historical area or site;
527
(5) ensure proper development and utilization of land or an area adjacent to an
528
historical area or site; and
529
(6) enter into an agreement with a private individual for the right to purchase an
530
historical area or site if and when the private individual elects to sell or dispose of the owner's
531
property.
532
Section 8.
Section
10-9a-103
is amended to read:
533
10-9a-103. Definitions.
534
As used in this chapter:
535
(1) "Affected entity" means a county, municipality, local district, special service district
536
under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District Act, school
537
district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal
538
Cooperation Act, specified public utility, a property owner, a property owners association, or
539
the Utah Department of Transportation, if:
540
(a) the entity's services or facilities are likely to require expansion or significant
541
modification because of an intended use of land;
542
(b) the entity has filed with the municipality a copy of the entity's general or long-range
543
plan; or
544
(c) the entity has filed with the municipality a request for notice during the same
545
calendar year and before the municipality provides notice to an affected entity in compliance
546
with a requirement imposed under this chapter.
547
(2) "Appeal authority" means the person, board, commission, agency, or other body
548
designated by ordinance to decide an appeal of a decision of a land use application or a
549
variance.
550
(3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
551
residential property if the sign is designed or intended to direct attention to a business, product,
552
or service that is not sold, offered, or existing on the property where the sign is located.
553
(4) "Charter school" includes:
554
(a) an operating charter school;
555
(b) a charter school applicant that has its application approved by a chartering entity in
556
accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
557
(c) an entity who is working on behalf of a charter school or approved charter applicant
558
to develop or construct a charter school building.
559
(5) "Chief executive officer" means the:
560
(a) mayor in municipalities operating under all forms of municipal government except
561
the council-manager form; or
562
(b) city manager in municipalities operating under the council-manager form of
563
municipal government.
564
(6) "Conditional use" means a land use that, because of its unique characteristics or
565
potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
566
compatible in some areas or may be compatible only if certain conditions are required that
567
mitigate or eliminate the detrimental impacts.
568
(7) "Constitutional taking" means a governmental action that results in a taking of
569
private property so that compensation to the owner of the property is required by the:
570
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
571
(b) Utah Constitution Article I, Section 22.
572
(8) "Culinary water authority" means the department, agency, or public entity with
573
responsibility to review and approve the feasibility of the culinary water system and sources for
574
the subject property.
575
(9) (a) "Disability" means a physical or mental impairment that substantially limits one
576
or more of a person's major life activities, including a person having a record of such an
577
impairment or being regarded as having such an impairment.
578
(b) "Disability" does not include current illegal use of, or addiction to, any federally
579
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
580
802.
581
(10) "Elderly person" means a person who is 60 years old or older, who desires or
582
needs to live with other elderly persons in a group setting, but who is capable of living
583
independently.
584
(11) "Fire authority" means the department, agency, or public entity with responsibility
585
to review and approve the feasibility of fire protection and suppression services for the subject
586
property.
587
(12) "General plan" means a document that a municipality adopts that sets forth general
588
guidelines for proposed future development of the land within the municipality.
589
(13) "Identical plans" means building plans submitted to a municipality that are
590
substantially identical to building plans that were previously submitted to and reviewed and
591
approved by the municipality and describe a building that is:
592
(a) located on land zoned the same as the land on which the building described in the
593
previously approved plans is located; and
594
(b) subject to the same geological and meteorological conditions and the same law as
595
the building described in the previously approved plans.
596
(14) "Land use application" means an application required by a municipality's land use
597
ordinance.
598
(15) "Land use authority" means a person, board, commission, agency, or other body
599
designated by the local legislative body to act upon a land use application.
600
(16) "Land use ordinance" means a planning, zoning, development, or subdivision
601
ordinance of the municipality, but does not include the general plan.
602
(17) "Land use permit" means a permit issued by a land use authority.
603
(18) "Legislative body" means the municipal council.
604
(19) "Local district" means an entity under Title 17B, Limited Purpose Local
605
Government Entities - Local Districts, and any other governmental or quasi-governmental entity
606
that is not a county, municipality, school district, or unit of the state.
607
(20) "Lot line adjustment" means the relocation of the property boundary line in a
608
subdivision between two adjoining lots with the consent of the owners of record.
609
(21) "Moderate income housing" means housing occupied or reserved for occupancy by
610
households with a gross household income equal to or less than 80% of the median gross
611
income for households of the same size in the county in which the city is located.
612
(22) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
613
spent and expenses incurred in:
614
(a) verifying that building plans are identical plans; and
615
(b) reviewing and approving those minor aspects of identical plans that differ from the
616
previously reviewed and approved building plans.
617
(23) "Noncomplying structure" means a structure that:
618
(a) legally existed before its current land use designation; and
619
(b) because of one or more subsequent land use ordinance changes, does not conform
620
to the setback, height restrictions, or other regulations, excluding those regulations, which
621
govern the use of land.
622
(24) "Nonconforming use" means a use of land that:
623
(a) legally existed before its current land use designation;
624
(b) has been maintained continuously since the time the land use ordinance governing
625
the land changed; and
626
(c) because of one or more subsequent land use ordinance changes, does not conform
627
to the regulations that now govern the use of the land.
628
(25) "Official map" means a map drawn by municipal authorities and recorded in a
629
county recorder's office that:
630
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
631
highways and other transportation facilities;
632
(b) provides a basis for restricting development in designated rights-of-way or between
633
designated setbacks to allow the government authorities time to purchase or otherwise reserve
634
the land; and
635
(c) has been adopted as an element of the municipality's general plan.
636
(26) "Person" means an individual, corporation, partnership, organization, association,
637
trust, governmental agency, or any other legal entity.
638
(27) "Plan for moderate income housing" means a written document adopted by a city
639
legislative body that includes:
640
(a) an estimate of the existing supply of moderate income housing located within the
641
city;
642
(b) an estimate of the need for moderate income housing in the city for the next five
643
years as revised biennially;
644
(c) a survey of total residential land use;
645
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
646
income housing; and
647
(e) a description of the city's program to encourage an adequate supply of moderate
648
income housing.
649
(28) "Plat" means a map or other graphical representation of lands being laid out and
650
prepared in accordance with Section
10-9a-603
,
17-23-17
, or
57-8-13
.
651
(29) "Public hearing" means a hearing at which members of the public are provided a
652
reasonable opportunity to comment on the subject of the hearing.
653
(30) "Public meeting" means a meeting that is required to be open to the public under
654
Title 52, Chapter 4, Open and Public Meetings Act.
655
(31) "Record of survey map" means a map of a survey of land prepared in accordance
656
with Section
17-23-17
.
657
(32) "Receiving zone" means an area of a municipality that the municipality's land use
658
authority designates as an area in which an owner of land may receive transferrable development
659
rights.
660
(33) "Residential facility for elderly persons" means a single-family or multiple-family
661
dwelling unit that meets the requirements of Section
10-9a-516
, but does not include a health
662
care facility as defined by Section
26-21-2
.
663
(34) "Residential facility for persons with a disability" means a residence:
664
(a) in which more than one person with a disability resides; and
665
(b) (i) is licensed or certified by the Department of Human Services under Title 62A,
666
Chapter 2, Licensure of Programs and Facilities; or
667
(ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
668
Health Care Facility Licensing and Inspection Act.
669
(35) "Sanitary sewer authority" means the department, agency, or public entity with
670
responsibility to review and approve the feasibility of sanitary sewer services or onsite
671
wastewater systems.
672
(36) "Sending zone" means an area of a municipality that the municipality's land use
673
authority designates as an area from which an owner of land may transfer transferrable
674
development rights to an owner of land in a receiving zone.
675
(37) "Specified public utility" means an electrical corporation, gas corporation, or
676
telephone corporation, as those terms are defined in Section
54-2-1
.
677
(38) "Street" means a public right-of-way, including a highway, avenue, boulevard,
678
parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other way.
679
(39) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
680
divided into two or more lots, parcels, sites, units, plots, or other division of land for the
681
purpose, whether immediate or future, for offer, sale, lease, or development either on the
682
installment plan or upon any and all other plans, terms, and conditions.
683
(b) "Subdivision" includes:
684
(i) the division or development of land whether by deed, metes and bounds description,
685
devise and testacy, map, plat, or other recorded instrument; and
686
(ii) except as provided in Subsection (39)(c), divisions of land for residential and
687
nonresidential uses, including land used or to be used for commercial, agricultural, and
688
industrial purposes.
689
(c) "Subdivision" does not include:
690
(i) a bona fide division or partition of agricultural land for the purpose of joining one of
691
the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither
692
the resulting combined parcel nor the parcel remaining from the division or partition violates an
693
applicable land use ordinance;
694
(ii) a recorded agreement between owners of adjoining unsubdivided properties
695
adjusting their mutual boundary if:
696
(A) no new lot is created; and
697
(B) the adjustment does not violate applicable land use ordinances;
698
(iii) a recorded document, executed by the owner of record:
699
(A) revising the legal description of more than one contiguous unsubdivided parcel of
700
property into one legal description encompassing all such parcels of property; or
701
(B) joining a subdivided parcel of property to another parcel of property that has not
702
been subdivided, if the joinder does not violate applicable land use ordinances; or
703
(iv) a recorded agreement between owners of adjoining subdivided properties adjusting
704
their mutual boundary if:
705
(A) no new dwelling lot or housing unit will result from the adjustment; and
706
(B) the adjustment will not violate any applicable land use ordinance.
707
(d) The joining of a subdivided parcel of property to another parcel of property that has
708
not been subdivided does not constitute a subdivision under this Subsection (39) as to the
709
unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
710
subdivision ordinance.
711
(40) "Transferrable development right" means the entitlement to develop land within a
712
sending zone that would vest according to the municipality's existing land use ordinances on the
713
date that a completed land use application is filed seeking the approval of development activity
714
on the land.
715
(41) "Unincorporated" means the area outside of the incorporated area of a city or
716
town.
717
(42) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
718
land use zones, overlays, or districts.
719
Section 9.
Section
10-15-4
is amended to read:
720
10-15-4. Powers of legislative body of municipality.
721
The legislative body of the municipalities of this state shall have the power:
722
(1) to establish pedestrian malls;
723
(2) to prohibit, in whole or in part, vehicular traffic on a pedestrian mall;
724
(3) to pay from the general funds of the municipality, or from other available money, or
725
from the proceeds of assessments levied on land benefited by the establishment of a pedestrian
726
mall, the damages, if any, allowed or awarded to any property owner by reason of the
727
establishment of the pedestrian mall;
728
(4) to acquire, construct, and maintain on the municipality's streets which are
729
established as a pedestrian mall, improvements of any kind or nature necessary or convenient to
730
the operation of such streets as a pedestrian mall, included but not limited to paving, sidewalks,
731
curbs, gutters, sewers, drainage works, lighting facilities, fire protection facilities, flood
732
protection facilities, water distribution facilities, vehicular parking areas, retaining walls,
733
landscaping, tree planting, statuaries, fountains, decorative structures, benches, rest rooms, child
734
care facilities, display facilities, information booths, public assembly facilities, and other
735
structures, works or improvements necessary or convenient to serve members of the public
736
using such pedestrian malls, including the reconstruction or relocation of existing municipally
737
owned works, improvements, or facilities on such municipal streets; which foregoing changes or
738
any portions thereof, are referred to in this act as "improvements";
739
(5) to pay from the general funds of the municipality or other available moneys, or from
740
the proceeds of assessments levied on property benefited by any such improvements, or from
741
the proceeds of special improvement warrants or bonds, the whole or any portion of the costs of
742
acquisition, construction, and maintenance of such improvements in accordance with the
743
provisions of Title [17A] 11, Chapter [3, Part 3, Utah Municipal Improvement District] 42,
744
Assessment Area Act, relating to special improvement assessments; and
745
(6) to do any and all other acts or things necessary or convenient for the
746
accomplishment of the purposes of this [act] chapter.
747
Section 10.
Section
10-15-6
is amended to read:
748
10-15-6. Public hearing -- Finance requirements.
749
The designation of any street as a "mall" shall be by ordinance passed and published
750
after full investigation and ample public hearing into the necessity and advisability of the
751
creation of a mall. The ordinance shall designate the manner in which the project is to be
752
financed, and, if financed by levy of special taxes or special improvement warrants or bonds,
753
shall be in accordance with the provisions of Title [17A] 11, Chapter [3, Part 3, Utah Municipal
754
Improvement District] 42, Assessment Area Act.
755
Section 11.
Section
11-14-102
is amended to read:
756
11-14-102. Definitions.
757
For the purpose of this chapter:
758
(1) "Bond" means any bond authorized to be issued under this chapter, including
759
municipal bonds.
760
(2) "Election results" has the same meaning as defined in Section
20A-1-102
.
761
(3) "Governing body" means:
762
(a) for a county, city, or town, the legislative body of the county, city, or town;
763
(b) for a local district, the board of trustees of the local district;
764
(c) for a school district, the local board of education; or
765
(d) for a special service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1,
766
Special Service District Act:
767
(i) the governing body of the county or municipality that created the special service
768
district, if no administrative control board has been established under Section [
17A-2-1326
]
769
17D-1-301
; or
770
(ii) the administrative control board, if one has been established under Section
771
[
17A-2-1326
]
17D-1-301
and the power to issue bonds not payable from taxes has been
772
delegated to the administrative control board.
773
(4) "Local district" means a district operating under Title 17B, Limited Purpose Local
774
Government Entities - Local Districts.
775
(5) (a) "Local political subdivision" means a county, city, town, school district, local
776
district, or special service district.
777
(b) "Local political subdivision" does not include the state and its institutions.
778
Section 12.
Section
11-17-3
is amended to read:
779
11-17-3. Powers of municipalities, counties, and state universities.
780
(1) Each municipality, county, and state university may:
781
(a) finance or acquire, whether by construction, purchase, devise, gift, exchange, or
782
lease, or any one or more of those methods, and construct, reconstruct, improve, maintain,
783
equip, and furnish or fund one or more projects, which shall be located within this state, and
784
which shall be located within, or partially within, the municipality or county or within the county
785
within which a state university is located, unless an agreement under the Interlocal Cooperation
786
Act has been entered into as authorized by Subsection (5), except that if a governing body finds,
787
by resolution, that the effects of international trade practices have been or will be adverse to
788
Utah manufacturers of industrial products and, therefore, it is desirable to finance a project in
789
order to maintain or enlarge domestic or foreign markets for Utah industrial products, a project
790
may consist of the financing on behalf of a user of the costs of acquiring industrial products
791
manufactured in, and which are to be exported from, the state;
792
(b) finance for, sell, lease, contract the management of, or otherwise dispose of to, any
793
person, firm, partnership, or corporation, either public or private, including without limitation
794
any person, firm, partnership, or corporation engaged in business for a profit, any or all of its
795
projects upon the terms and conditions as the governing body considers advisable and which do
796
not conflict with this chapter;
797
(c) issue revenue bonds for the purpose of defraying the cost of financing, acquiring,
798
constructing, reconstructing, improving, maintaining, equipping, furnishing, or funding any
799
project and secure the payment of the bonds as provided in this chapter, which revenue bonds
800
may be issued in one or more series or issues where considered advisable, and each series or
801
issue may contain different maturity dates, interest rates, priorities on securities available for
802
guaranteeing payment of them, and other differing terms and conditions considered necessary
803
and not in conflict with this chapter;
804
(d) (i) grant options to renew any lease with respect to any project and to buy any
805
project at a price the governing body considers desirable; and
806
(ii) sell and convey any real or personal property acquired under Subsection (1)(a) at
807
public or private sale, and make an order respecting the sale considered conducive to the best
808
interests of the municipality, county, or state university, the sale or conveyance to be subject to
809
the terms of any lease but to be free and clear of any other encumbrance;
810
(e) establish, acquire, develop, maintain, and operate industrial parks; and
811
(f) offer to the holders of its bonds issued pursuant to this chapter the right, where its
812
governing body considers it appropriate, to convert the bonds or some portion of the bond
813
obligation into an equity position in some or all of the assets developed with the proceeds of the
814
bond offering.
815
(2) An economic development or new venture investment fund shall be considered to be
816
located in the municipality or county where its headquarters is located or where any office of it
817
is located, as long as it is headquartered within the state. It need not make all of its investments
818
within the state [of Utah] or such county or municipality, so long as it locates within the state
819
[of Utah] or such county or municipality its headquarters where its actual investment decisions
820
and management functions occur and agrees to, and does, limit the aggregate amount of its
821
investments in companies located outside the state [of Utah] to an amount which in the
822
aggregate does not exceed the aggregate amount of investments made by institutions and funds
823
located outside the state [of Utah] in companies headquartered in Utah which the locally
824
managed fund has sponsored or in which it has invested and which it has brought to the
825
attention of investors outside the state [of Utah]. For purposes of enabling an offering of bonds
826
to fund such a fund, a certification of an executive managerial officer of the manager of said
827
fund of the intention to comply with this provision may be relied upon. Each fund shall at least
828
annually certify to the governmental offeror of such bonds its compliance with this provision.
829
(3) Before any municipality, county, or state university issues revenue bonds under this
830
chapter for the purpose of defraying the cost of acquiring, constructing, reconstructing,
831
improving, maintaining, equipping, or furnishing any industrial park project, the governing body
832
of the state university, county, or municipality shall adopt and establish a plan of development
833
for the tracts of land to constitute the industrial park and shall, by resolution, find that the
834
project for the establishment of the industrial park is well conceived and has a reasonable
835
prospect of success, that the project will tend to provide proper economic development of the
836
municipality or county and will encourage industry to locate within or near the municipality or
837
county or, in the case of state universities, will further, through industrial research and
838
development, the instructional progress of the state university. There may be included as a part
839
of any plan of development for any industrial park zoning regulations, restrictions on usage of
840
sites within the boundaries of the industrial park, minimum size of sites, parking and loading
841
regulations, and methods for the providing and furnishing of police and fire protection and for
842
the furnishing of other municipal or county services which are considered necessary in order to
843
provide for the maintenance of the public health and safety. If any water or sewerage facilities
844
are to be acquired as part of the development of the land for an industrial park under this
845
chapter, water and sewerage facilities may be acquired as part of the issue of bonds issued under
846
this chapter, through the issuance of bonds payable from water and sewer charges in the manner
847
as is now or as may hereafter be provided by law, in combination with an issue of refunding
848
bonds, in combination with an issue of bonds upon the consent of the holders of outstanding
849
bonds issued for the same purpose, in combination with bonds issued for the purposes of
850
financing water and sewer facilities which will not be a part of an industrial park, or in any
851
combination of the foregoing. Any municipality, county, or state university establishing an
852
industrial park may lease any land acquired and developed as part of an industrial park to one or
853
more lessees. The lessee may sublease all or a portion of the land so leased from the
854
municipality or county. Municipalities, counties, and state universities may sell or lease land in
855
connection with the establishment, acquisition, development, maintenance, and operation of an
856
industrial park project. Any such lease or sale of land shall be undertaken only after the
857
adoption by the governing body of a resolution authorizing the lease or sale of the land for
858
industrial park purposes.
859
(4) (a) No municipality, county, or state university may operate any project referred to
860
in this section, as a business or in any other manner except as the lessor or administrator of it,
861
nor may it acquire any such project, or any part of it, by condemnation. This prohibition does
862
not apply to projects involving research conducted, administered, or managed by a state
863
university.
864
(b) No municipality, county, or state university may, under this chapter, acquire or lease
865
projects, or issue revenue bonds for the purpose of defraying the cost of any project or part of
866
it, used for the generation, transmission, or distribution of electric energy beyond the project
867
site, or the production, transmission, or distribution of natural gas, except for any project
868
defined in Subsection
11-17-2
(8)(b) or (d).
869
(5) Each municipality, county, and state university may enter, either before or after the
870
bonds have been issued, into interlocal agreements under Title 11, Chapter 13, Interlocal
871
Cooperation Act, with one or more municipalities, counties, state universities, or special service
872
districts created pursuant to Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service
873
District Act, in order to accomplish economies of scale or other cost savings and any other
874
additional purposes to be specified in the interlocal agreement, for the issuance of bonds under
875
this chapter on behalf of all of the signatories to the interlocal agreement by one of the
876
municipalities, counties, or state universities which is a signatory to the interlocal agreement for
877
the financing or acquisition of projects qualifying as a project under Subsection
11-17-2
(8). For
878
all purposes of Section
11-13-207
the signatory to the interlocal agreement designated as the
879
issuer of the bonds constitutes the administrator of the interlocal agreement.
880
(6) Subsection (4) to the contrary notwithstanding, the governing body of any state
881
university owning or desiring to own facilities or administer projects described in Subsection
882
11-17-2
(8) may:
883
(a) become a signatory to the interlocal agreement provided for in Subsection (5);
884
(b) enter into a separate security agreement with the issuer of the bonds, as provided in
885
Section
11-17-5
for the financing or acquisition of a project under Subsection
11-17-2
(8) to be
886
owned by the state university;
887
(c) enter into agreements to secure the obligations of the state university under a
888
security agreement entered into under Subsection (6)(b), or to provide liquidity for such
889
obligations including, without limitation, letter of credit agreements with banking institutions for
890
letters of credit or for standby letters of credit, reimbursement agreements with financial
891
institutions, line of credit agreements, standby bond purchase agreements, and to provide for
892
payment of fees, charges, and other amounts coming due under the agreements entered into
893
under the authority contained in this Subsection (6)(c);
894
(d) provide in security agreements entered into under Subsection (6)(b) and in
895
agreements entered into under Subsection (6)(c) that the obligations of the state university
896
under an agreement shall be special obligations payable solely from the revenues derived from
897
the operation or management of the project, owned by the state university and from net profits
898
from proprietary activities and any other revenues pledged other than appropriations by the
899
Utah Legislature, and the governing body of the state university shall pledge all or any part of
900
such revenues to the payment of its obligations under an agreement; and
901
(e) in order to secure the prompt payment of the obligations of the state university
902
under a security agreement entered into under Subsection (6)(b) or an agreement entered into
903
under Subsection (6)(c) and the proper application of the revenues pledged to them, covenant
904
and provide appropriate provisions in an agreement to the extent permitted and provided for
905
under Section
53B-21-102
.
906
(7) Subsection (4) to the contrary notwithstanding, the governing body of any
907
municipality, county, or special service district owning, desiring to own, or administering
908
projects or facilities described in Subsection
11-17-2
(8) may:
909
(a) become a signatory to the interlocal agreement provided for in Subsection (5);
910
(b) enter into a separate security agreement with the issuer of the bonds, as provided in
911
Section
11-17-5
, for the financing or acquisition of a project under Subsection
11-17-2
(8) to be
912
owned by the municipality, county, or special service district, as the case may be, except that no
913
municipality, county, or special service district may mortgage the facilities so financed or
914
acquired;
915
(c) enter into agreements to secure the obligations of the municipality, county, or
916
special service district, as the case may be, under a security agreement entered into under
917
Subsection (7)(b), or to provide liquidity for such obligations including, without limitation,
918
letter of credit agreements with banking institutions for letters of credit or for standby letters of
919
credit, reimbursement agreements with financial institutions, line of credit agreements, standby
920
bond purchase agreements, and to provide for payment of fees, charges, and other amounts
921
coming due under the agreements entered into under the authority contained in this Subsection
922
(7)(c);
923
(d) provide in security agreements entered into under Subsection (7)(b) and in
924
agreements entered into under Subsection (7)(c) that the obligations of the municipality, county,
925
or special service district, as the case may be, under an agreement shall be special obligations
926
payable solely from the revenues derived from the operation or management of the project,
927
owned by the municipality, county, or special service district, as the case may be, and the
928
governing body of the municipality, county, or special service district, as the case may be, shall
929
pledge all or any part of such revenues to the payment of its obligations under an agreement;
930
and
931
(e) in order to secure the prompt payment of obligations under a security agreement
932
entered into under Subsection (7)(b) or an agreement entered into under Subsection (7)(c) and
933
the proper application of the revenues pledged to them, covenant and provide appropriate
934
provisions in an agreement to the extent permitted and provided for with respect to revenue
935
obligations under Section
11-14-306
.
936
(8) In connection with the issuance of bonds under this chapter, a municipality, county,
937
or state university:
938
(a) may provide for the repurchase of bonds tendered by their owners and may enter
939
into an agreement to provide liquidity for such repurchases, including a letter of credit
940
agreement, line of credit agreement, standby bond purchase agreement, or other type of liquidity
941
agreement;
942
(b) may enter into remarketing, indexing, tender agent, or other agreements incident to
943
the financing of the project or the performance of the issuer's obligations relative to the bonds;
944
and
945
(c) may provide for payment of fees, charges, and other amounts coming due under the
946
agreements entered into pursuant to authority contained in Subsection (6).
947
Section 13.
Section
11-27-2
is amended to read:
948
11-27-2. Definitions.
949
As used in this chapter:
950
(1) "Advance refunding bonds" means refunding bonds issued for the purpose of
951
refunding outstanding bonds in advance of their maturity.
952
(2) "Assessments" means a special tax levied against property within a special
953
improvement district to pay all or a portion of the costs of making improvements in the district.
954
(3) "Bond" means any revenue bond, general obligation bond, tax increment bond,
955
special improvement bond, local building authority bond, or refunding bond.
956
(4) "General obligation bond" means any bond, note, warrant, certificate of
957
indebtedness, or other obligation of a public body payable in whole or in part from revenues
958
derived from ad valorem taxes and that constitutes an indebtedness within the meaning of any
959
applicable constitutional or statutory debt limitation.
960
(5) "Governing body" means the council, commission, county legislative body, board of
961
directors, board of trustees, board of education, board of regents, or other legislative body of a
962
public body designated in this chapter that is vested with the legislative powers of the public
963
body, and, with respect to the state, the State Bonding Commission created by Section
964
63B-1-201
.
965
(6) "Government obligations" means:
966
(a) direct obligations of the United States of America, or other securities, the principal
967
of and interest on which are unconditionally guaranteed by the United States of America; or
968
(b) obligations of any state, territory, or possession of the United States, or of any of
969
the political subdivisions of any state, territory, or possession of the United States, or of the
970
District of Columbia described in Section 103(a), Internal Revenue Code of 1986.
971
(7) "Issuer" means the public body issuing any bond or bonds.
972
(8) "Public body" means the state or any agency, authority, instrumentality, or
973
institution of the state, or any municipal or quasi-municipal corporation, political subdivision,
974
agency, school district, local district, special service district, or other governmental entity now
975
or hereafter existing under the laws of the state.
976
(9) "Refunding bonds" means bonds issued under the authority of this chapter for the
977
purpose of refunding outstanding bonds.
978
(10) "Resolution" means a resolution of the governing body of a public body taking
979
formal action under this chapter.
980
(11) "Revenue bond" means any bond, note, warrant, certificate of indebtedness, or
981
other obligation for the payment of money issued by a public body or any predecessor of any
982
public body and that is payable from designated revenues not derived from ad valorem taxes or
983
from a special fund composed of revenues not derived from ad valorem taxes, but excluding all
984
of the following:
985
(a) any obligation constituting an indebtedness within the meaning of any applicable
986
constitutional or statutory debt limitation;
987
(b) any obligation issued in anticipation of the collection of taxes, where the entire issue
988
matures not later than one year from the date of the issue; and
989
(c) any special improvement bond.
990
(12) "Special improvement bond" means any bond, note, warrant, certificate of
991
indebtedness, or other obligation of a public body or any predecessor of any public body that is
992
payable from assessments levied on benefitted property and from any special improvement
993
guaranty fund.
994
(13) "Special improvement guaranty fund" means any special improvement guaranty
995
fund established under Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah Cities; Title
996
[17A] 11, Chapter [3, Part 2, County Improvement Districts] 42, Assessment Area Act; or any
997
predecessor or similar statute.
998
(14) "Tax increment bond" means any bond, note, warrant, certificate of indebtedness,
999
or other obligation of a public body issued under authority of Title 17C, Limited Purpose Local
1000
Government Entities - Community Development and Renewal Agencies.
1001
Section 14.
Section
11-32-2
is amended to read:
1002
11-32-2. Definitions.
1003
As used in this chapter:
1004
(1) "Assignment agreement" means the agreement, security agreement, indenture, or
1005
other documentation by which the county transfers the delinquent tax receivables to the
1006
authority in consideration of the amounts paid by the authority under the assignment agreement,
1007
as provided in this chapter.
1008
(2) "Bonds" means any bonds, notes, or other evidence of indebtedness of the financing
1009
authority issued under this chapter.
1010
(3) "Delinquent tax receivables" means those ad valorem tangible property taxes levied
1011
within any county, for any year, which remain unpaid and owing the participant members within
1012
the county, as of January 15 of the following year, plus any interest and penalties accruing or
1013
assessed to them.
1014
(4) "Financing authority" or "authority" means a nonprofit corporation organized under
1015
this chapter by a county on behalf of the participant members within the county as the financing
1016
authority for the participant members solely for the purpose of financing the assignment of the
1017
delinquent tax receivables of the participant members for which it was created.
1018
(5) "Governing body" means the council, commission, county legislative body, board of
1019
education, board of trustees, or any other governing entity of a public body in which the
1020
legislative powers of the public body are vested.
1021
(6) "Participant members" means those public bodies, including the county, the
1022
governing bodies of which approve the creation of an authority as provided in Section
11-32-3
1023
and on whose behalf the authority acts.
1024
(7) "Public body" means any city, town, county, school district, special service district,
1025
[water and sewer improvement] local district, [redevelopment] community development and
1026
renewal agency, [parking and business improvement district, fire protection district, special
1027
service area, metropolitan water district, water conservancy district,] or any other entity entitled
1028
to receive ad valorem property taxes, existing under the laws of the state [of Utah].
1029
Section 15.
Section
11-36-102
is amended to read:
1030
11-36-102. Definitions.
1031
As used in this chapter:
1032
(1) "Building permit fee" means the fees charged to enforce the uniform codes adopted
1033
pursuant to Title 58, Chapter 56, Utah Uniform Building Standards Act, that are not greater
1034
than the fees indicated in the appendix to the International Building Code.
1035
(2) "Capital facilities plan" means the plan required by Section
11-36-201
.
1036
(3) "Development activity" means any construction or expansion of a building,
1037
structure, or use, any change in use of a building or structure, or any changes in the use of land
1038
that creates additional demand and need for public facilities.
1039
(4) "Development approval" means any written authorization from a local political
1040
subdivision that authorizes the commencement of development activity.
1041
(5) "Enactment" means:
1042
(a) a municipal ordinance, for municipalities;
1043
(b) a county ordinance, for counties; and
1044
(c) a governing board resolution, for local districts or special service districts.
1045
(6) "Hookup fees" means reasonable fees, not in excess of the approximate average
1046
costs to the political subdivision, for services provided for and directly attributable to the
1047
connection to utility services, including gas, water, sewer, power, or other municipal, county,
1048
local district, or special service district utility services.
1049
(7) (a) "Impact fee" means a payment of money imposed upon development activity as
1050
a condition of development approval.
1051
(b) "Impact fee" does not mean a tax, a special assessment, a building permit fee, a
1052
hookup fee, a fee for project improvements, or other reasonable permit or application fee.
1053
(8) (a) "Local political subdivision" means a county, a municipality, a local district
1054
under Title 17B, Limited Purpose Local Government Entities - Local Districts, or a special
1055
service district under Title [17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District
1056
Act.
1057
(b) "Local political subdivision" does not mean school districts, whose impact fee
1058
activity is governed by Section
53A-20-100.5
.
1059
(9) "Private entity" means an entity with private ownership that provides culinary water
1060
that is required to be used as a condition of development.
1061
(10) (a) "Project improvements" means site improvements and facilities that are:
1062
(i) planned and designed to provide service for development resulting from a
1063
development activity; and
1064
(ii) necessary for the use and convenience of the occupants or users of development
1065
resulting from a development activity.
1066
(b) "Project improvements" does not mean system improvements.
1067
(11) "Proportionate share" means the cost of public facility improvements that are
1068
roughly proportionate and reasonably related to the service demands and needs of any
1069
development activity.
1070
(12) "Public facilities" means only the following capital facilities that have a life
1071
expectancy of ten or more years and are owned or operated by or on behalf of a local political
1072
subdivision or private entity:
1073
(a) water rights and water supply, treatment, and distribution facilities;
1074
(b) wastewater collection and treatment facilities;
1075
(c) storm water, drainage, and flood control facilities;
1076
(d) municipal power facilities;
1077
(e) roadway facilities;
1078
(f) parks, recreation facilities, open space, and trails; and
1079
(g) public safety facilities.
1080
(13) (a) "Public safety facility" means:
1081
(i) a building constructed or leased to house police, fire, or other public safety entities;
1082
or
1083
(ii) a fire suppression vehicle with a ladder reach of at least 75 feet, costing in excess of
1084
$1,250,000, that is necessary for fire suppression in commercial areas with one or more
1085
buildings at least five stories high.
1086
(b) "Public safety facility" does not mean a jail, prison, or other place of involuntary
1087
incarceration.
1088
(14) (a) "Roadway facilities" means streets or roads that have been designated on an
1089
officially adopted subdivision plat, roadway plan, or general plan of a political subdivision,
1090
together with all necessary appurtenances.
1091
(b) "Roadway facilities" includes associated improvements to federal or state roadways
1092
only when the associated improvements:
1093
(i) are necessitated by the new development; and
1094
(ii) are not funded by the state or federal government.
1095
(c) "Roadway facilities" does not mean federal or state roadways.
1096
(15) (a) "Service area" means a geographic area designated by a local political
1097
subdivision on the basis of sound planning or engineering principles in which a defined set of
1098
public facilities provide service within the area.
1099
(b) "Service area" may include the entire local political subdivision.
1100
(16) (a) "System improvements" means:
1101
(i) existing public facilities that are designed to provide services to service areas within
1102
the community at large; and
1103
(ii) future public facilities identified in a capital facilities plan that are intended to
1104
provide services to service areas within the community at large.
1105
(b) "System improvements" does not mean project improvements.
1106
Section 16.
Section
11-36-201
is amended to read:
1107
11-36-201. Impact fees -- Analysis -- Capital facilities plan -- Notice of plan --
1108
Summary -- Exemptions.
1109
(1) (a) Each local political subdivision and private entity shall comply with the
1110
requirements of this chapter before establishing or modifying any impact fee.
1111
(b) A local political subdivision may not:
1112
(i) establish any new impact fees that are not authorized by this chapter; or
1113
(ii) impose or charge any other fees as a condition of development approval unless
1114
those fees are a reasonable charge for the service provided.
1115
(c) Notwithstanding any other requirements of this chapter, each local political
1116
subdivision shall ensure that each existing impact fee that is charged for any public facility not
1117
authorized by Subsection
11-36-102
(12) is repealed by July 1, 1995.
1118
(d) (i) Existing impact fees for public facilities authorized in Subsection
11-36-102
(12)
1119
that are charged by local political subdivisions need not comply with the requirements of this
1120
chapter until July 1, 1997.
1121
(ii) By July 1, 1997, each local political subdivision shall:
1122
(A) review any impact fees in existence as of the effective date of this act, and prepare
1123
and approve the analysis required by this section for each of those impact fees; and
1124
(B) ensure that the impact fees comply with the requirements of this chapter.
1125
(2) (a) Before imposing impact fees, each local political subdivision shall prepare a
1126
capital facilities plan.
1127
(b) (i) As used in this Subsection (2)(b):
1128
(A) (I) "Affected entity" means each county, municipality, local district under Title 17B,
1129
Limited Purpose Local Government Entities - Local Districts, special service district under Title
1130
[17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District Act, school district, interlocal
1131
cooperation entity established under Chapter 13, Interlocal Cooperation Act, and specified
1132
public utility:
1133
(Aa) whose services or facilities are likely to require expansion or significant
1134
modification because of the facilities proposed in the proposed capital facilities plan; or
1135
(Bb) that has filed with the local political subdivision or private entity a copy of the
1136
general or long-range plan of the county, municipality, local district, special service district,
1137
school district, interlocal cooperation entity, or specified public utility.
1138
(II) "Affected entity" does not include the local political subdivision or private entity
1139
that is required under this Subsection (2) to provide notice.
1140
(B) "Specified public utility" means an electrical corporation, gas corporation, or
1141
telephone corporation, as those terms are defined in Section
54-2-1
.
1142
(ii) Before preparing a capital facilities plan for facilities proposed on land located
1143
within a county of the first or second class, each local political subdivision and each private
1144
entity shall provide written notice, as provided in this Subsection (2)(b), of its intent to prepare
1145
a capital facilities plan.
1146
(iii) Each notice under Subsection (2)(b)(ii) shall:
1147
(A) indicate that the local political subdivision or private entity intends to prepare a
1148
capital facilities plan;
1149
(B) describe or provide a map of the geographic area where the proposed capital
1150
facilities will be located;
1151
(C) be sent to:
1152
(I) each county in whose unincorporated area and each municipality in whose
1153
boundaries is located the land on which the proposed facilities will be located;
1154
(II) each affected entity;
1155
(III) the Automated Geographic Reference Center created in Section
63F-1-506
;
1156
(IV) the association of governments, established pursuant to an interlocal agreement
1157
under Title 11, Chapter 13, Interlocal Cooperation Act, in which the facilities are proposed to
1158
be located; and
1159
(V) the state planning coordinator appointed under Section
63-38d-202
; and
1160
(D) with respect to the notice to affected entities, invite the affected entities to provide
1161
information for the local political subdivision or private entity to consider in the process of
1162
preparing, adopting, and implementing a capital facilities plan concerning:
1163
(I) impacts that the facilities proposed in the capital facilities plan may have on the
1164
affected entity; and
1165
(II) facilities or uses of land that the affected entity is planning or considering that may
1166
conflict with the facilities proposed in the capital facilities plan.
1167
(c) The plan shall identify:
1168
(i) demands placed upon existing public facilities by new development activity; and
1169
(ii) the proposed means by which the local political subdivision will meet those
1170
demands.
1171
(d) Municipalities and counties need not prepare a separate capital facilities plan if the
1172
general plan required by Sections
10-9a-401
and
17-27a-401
contains the elements required by
1173
Subsection (2)(c).
1174
(e) (i) If a local political subdivision prepares an independent capital facilities plan rather
1175
than including a capital facilities element in the general plan, the local political subdivision shall,
1176
before adopting the capital facilities plan:
1177
(A) give public notice of the plan according to this Subsection (2)(e);
1178
(B) at least 14 days before the date of the public hearing:
1179
(I) make a copy of the plan, together with a summary designed to be understood by a
1180
lay person, available to the public; and
1181
(II) place a copy of the plan and summary in each public library within the local political
1182
subdivision; and
1183
(C) hold a public hearing to hear public comment on the plan.
1184
(ii) Municipalities shall comply with the notice and hearing requirements of, and, except
1185
as provided in Subsection
11-36-401
(4)(f), receive the protections of Sections
10-9a-205
and
1186
10-9a-801
and Subsection
10-9a-502
(2).
1187
(iii) Counties shall comply with the notice and hearing requirements of, and, except as
1188
provided in Subsection
11-36-401
(4)(f), receive the protections of Sections
17-27a-205
and
1189
17-27a-801
and Subsection
17-27a-502
(2).
1190
(iv) Local districts, special service districts, and private entities shall comply with the
1191
notice and hearing requirements of, and receive the protections of, Section
17B-1-111
.
1192
(v) Nothing contained in this Subsection (2)(e) or in the subsections referenced in
1193
Subsections (2)(e)(ii) and (iii) may be construed to require involvement by a planning
1194
commission in the capital facilities planning process.
1195
(f) (i) Local political subdivisions with a population or serving a population of less than
1196
5,000 as of the last federal census need not comply with the capital facilities plan requirements
1197
of this part, but shall ensure that the impact fees imposed by them are based upon a reasonable
1198
plan.
1199
(ii) Subsection (2)(f)(i) does not apply to private entities.
1200
(3) In preparing the plan, each local political subdivision shall generally consider all
1201
revenue sources, including impact fees, to finance the impacts on system improvements.
1202
(4) A local political subdivision may only impose impact fees on development activities
1203
when its plan for financing system improvements establishes that impact fees are necessary to
1204
achieve an equitable allocation to the costs borne in the past and to be borne in the future, in
1205
comparison to the benefits already received and yet to be received.
1206
(5) (a) Each local political subdivision imposing impact fees shall prepare a written
1207
analysis of each impact fee that:
1208
(i) identifies the impact on system improvements required by the development activity;
1209
(ii) demonstrates how those impacts on system improvements are reasonably related to
1210
the development activity;
1211
(iii) estimates the proportionate share of the costs of impacts on system improvements
1212
that are reasonably related to the new development activity; and
1213
(iv) based upon those factors and the requirements of this chapter, identifies how the
1214
impact fee was calculated.
1215
(b) In analyzing whether or not the proportionate share of the costs of public facilities
1216
are reasonably related to the new development activity, the local political subdivision shall
1217
identify, if applicable:
1218
(i) the cost of existing public facilities;
1219
(ii) the manner of financing existing public facilities, such as user charges, special
1220
assessments, bonded indebtedness, general taxes, or federal grants;
1221
(iii) the relative extent to which the newly developed properties and the other properties
1222
in the municipality have already contributed to the cost of existing public facilities, by such
1223
means as user charges, special assessments, or payment from the proceeds of general taxes;
1224
(iv) the relative extent to which the newly developed properties and the other properties
1225
in the municipality will contribute to the cost of existing public facilities in the future;
1226
(v) the extent to which the newly developed properties are entitled to a credit because
1227
the municipality is requiring their developers or owners, by contractual arrangement or
1228
otherwise, to provide common facilities, inside or outside the proposed development, that have
1229
been provided by the municipality and financed through general taxation or other means, apart
1230
from user charges, in other parts of the municipality;
1231
(vi) extraordinary costs, if any, in servicing the newly developed properties; and
1232
(vii) the time-price differential inherent in fair comparisons of amounts paid at different
1233
times.
1234
(c) Each local political subdivision that prepares a written analysis under this Subsection
1235
(5) on or after July 1, 2000 shall also prepare a summary of the written analysis, designed to be
1236
understood by a lay person.
1237
(6) Each local political subdivision that adopts an impact fee enactment under Section
1238
11-36-202
on or after July 1, 2000 shall, at least 14 days before adopting the enactment, submit
1239
to each public library within the local political subdivision:
1240
(a) a copy of the written analysis required by Subsection (5)(a); and
1241
(b) a copy of the summary required by Subsection (5)(c).
1242
(7) Nothing in this chapter may be construed to repeal or otherwise eliminate any
1243
impact fee in effect on the effective date of this chapter that is pledged as a source of revenues
1244
to pay bonded indebtedness that was incurred before the effective date of this chapter.
1245
Section 17.
Section
11-39-101
is amended to read:
1246
11-39-101. Definitions.
1247
As used in this chapter:
1248
(1) "Bid limit" means:
1249
(a) for a building improvement:
1250
(i) for the year 2003, $40,000; and
1251
(ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
1252
amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
1253
of 3% or the actual percent change in the Consumer Price Index during the previous calendar
1254
year; and
1255
(b) for a public works project:
1256
(i) for the year 2003, $125,000; and
1257
(ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
1258
amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
1259
of 3% or the actual percent change in the Consumer Price Index during the previous calendar
1260
year.
1261
(2) "Building improvement":
1262
(a) means the construction or repair of a public building or structure; and
1263
(b) does not include construction or repair at an international airport.
1264
(3) "Consumer Price Index" means the Consumer Price Index for All Urban Consumers
1265
as published by the Bureau of Labor Statistics of the United States Department of Labor.
1266
(4) "Design-build project":
1267
(a) means a building improvement or public works project costing over $250,000 with
1268
respect to which both the design and construction are provided for in a single contract with a
1269
contractor or combination of contractors capable of providing design-build services; and
1270
(b) does not include a building improvement or public works project:
1271
(i) that is undertaken by a local entity under contract with a construction manager that
1272
guarantees the contract price and is at risk for any amount over the contract price; and
1273
(ii) each component of which is competitively bid.
1274
(5) "Design-build services" means the engineering, architectural, and other services
1275
necessary to formulate and implement a design-build project, including its actual construction.
1276
(6) "Emergency repairs" means a building improvement or public works project
1277
undertaken on an expedited basis to:
1278
(a) eliminate an imminent risk of damage to or loss of public or private property;
1279
(b) remedy a condition that poses an immediate physical danger; or
1280
(c) reduce a substantial, imminent risk of interruption of an essential public service.
1281
(7) "Governing body" means:
1282
(a) for a county, city, or town, the legislative body of the county, city, or town;
1283
(b) for a local district, the board of trustees of the local district; and
1284
(c) for a special service district:
1285
(i) the legislative body of the county, city, or town that established the special service
1286
district, if no administrative control board has been appointed under Section [
17A-2-1326
]
1287
17D-1-301
; or
1288
(ii) the administrative control board of the special service district, if an administrative
1289
control board has been appointed under Section [
17A-2-1326
]
17D-1-301
.
1290
(8) "Local district" has the same meaning as defined in Section
17B-1-102
.
1291
(9) "Local entity" means a county, city, town, local district, or special service district.
1292
(10) "Lowest responsive responsible bidder" means a prime contractor who:
1293
(a) has submitted a bid in compliance with the invitation to bid and within the
1294
requirements of the plans and specifications for the building improvement or public works
1295
project;
1296
(b) is the lowest bidder that satisfies the local entity's criteria relating to financial
1297
strength, past performance, integrity, reliability, and other factors that the local entity uses to
1298
assess the ability of a bidder to perform fully and in good faith the contract requirements;
1299
(c) has furnished a bid bond or equivalent in money as a condition to the award of a
1300
prime contract; and
1301
(d) furnishes a payment and performance bond as required by law.
1302
(11) "Procurement code" means the provisions of Title 63, Chapter 56, Utah
1303
Procurement Code.
1304
(12) "Public works project":
1305
(a) means the construction of:
1306
(i) a park or recreational facility; or
1307
(ii) a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or
1308
flood control; and
1309
(b) does not include:
1310
(i) the replacement or repair of existing infrastructure on private property;
1311
(ii) construction commenced before June 1, 2003; and
1312
(iii) construction or repair at an international airport.
1313
(13) "Special service district" [means a special service district under Title 17A, Chapter
1314
2, Part 13, Utah Special Service District Act] has the same meaning as defined in Section
1315
17D-1-102
.
1316
Section 18.
Section
11-39-104
is amended to read:
1317
11-39-104. Exceptions.
1318
(1) The requirements of Section
11-39-103
do not apply to:
1319
(a) emergency repairs;
1320
(b) a building improvement or public works project if the estimated cost under Section
1321
11-39-102
is less than the bid limit; or
1322
(c) the conduct or management of any of the departments, business, or property of the
1323
local entity.
1324
(2) This section may not be construed to limit the application of Section
72-6-108
to an
1325
improvement project, as defined in Section
72-6-109
, that would otherwise be subject to
1326
Section
72-6-108
.
1327
(3) This part applies to a building improvement or public works project of a special
1328
service district only to the extent that the contract for the building improvement or public works
1329
project is in a class of contract designated under Section
17D-1-107
as subject to this part.
1330
Section 19.
Section
11-40-101
is amended to read:
1331
11-40-101. Definitions.
1332
As used in this chapter:
1333
(1) "Applicant" means a person who seeks employment with a public water utility,
1334
either as an employee or as an independent contractor, and who, after employment, would, in
1335
the judgment of the public water utility, be in a position to affect the safety or security of the
1336
publicly owned treatment works or public water system or to affect the safety or well-being of
1337
patrons of the public water utility.
1338
(2) "Division" means the Criminal Investigation and Technical Services Division of the
1339
Department of Public Safety, established in Section
53-10-103
.
1340
(3) "Independent contractor":
1341
(a) means an engineer, contractor, consultant, or supplier who designs, constructs,
1342
operates, maintains, repairs, replaces, or provides water treatment or conveyance facilities or
1343
equipment, or related control or security facilities or equipment, to the public water utility; and
1344
(b) includes the employees and agents of the engineer, contractor, consultant, or
1345
supplier.
1346
(4) "Person seeking access" means a person who seeks access to a public water utility's
1347
public water system or publicly owned treatment works and who, after obtaining access, would,
1348
in the judgment of the public water utility, be in a position to affect the safety or security of the
1349
publicly owned treatment works or public water system or to affect the safety or well-being of
1350
patrons of the public water utility.
1351
(5) "Publicly owned treatment works" has the same meaning as defined in Section
1352
19-5-102
.
1353
(6) "Public water system" has the same meaning as defined in Section
19-4-102
.
1354
(7) "Public water utility" means a county, city, town, local district under Title 17B,
1355
Chapter 1, Provisions Applicable to All Local Districts, special service district under Title [17A]
1356
17D, Chapter [2, Part 13, Utah] 1, Special Service District Act, or other political subdivision of
1357
the state that operates publicly owned treatment works or a public water system.
1358
Section 20.
Section
11-42-102
is amended to read:
1359
11-42-102. Definitions.
1360
(1) "Adequate protests" means timely filed, written protests under Section
11-42-203
1361
that represent at least 50% of the frontage, area, taxable value, fair market value, lots, number
1362
of connections, or equivalent residential units of the property proposed to be assessed,
1363
according to the same assessment method by which the assessment is proposed to be levied,
1364
after eliminating:
1365
(a) protests relating to:
1366
(i) property that has been deleted from a proposed assessment area; or
1367
(ii) an improvement that has been deleted from the proposed improvements to be
1368
provided to property within the proposed assessment area; and
1369
(b) protests that have been withdrawn under Subsection
11-42-203
(3).
1370
(2) "Assessment area" means an area, or, if more than one area is designated, the
1371
aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local
1372
entity under Part 2, Designating an Assessment Area, for the purpose of financing the costs of
1373
improvements, operation and maintenance, or economic promotion activities that benefit
1374
property within the area.
1375
(3) "Assessment bonds" means bonds that are:
1376
(a) issued under Section
11-42-605
; and
1377
(b) payable in part or in whole from assessments levied in an assessment area,
1378
improvement revenues, and a guaranty fund or reserve fund.
1379
(4) "Assessment fund" means a special fund that a local entity establishes under Section
1380
11-42-412
.
1381
(5) "Assessment lien" means a lien on property within an assessment area that arises
1382
from the levy of an assessment, as provided in Section
11-42-501
.
1383
(6) "Assessment method" means the method by which an assessment is levied against
1384
property, whether by frontage, area, taxable value, fair market value, lot, number of
1385
connections, equivalent residential unit, or any combination of these methods.
1386
(7) "Assessment ordinance" means an ordinance adopted by a local entity under Section
1387
11-42-404
that levies an assessment on benefitted property within an assessment area.
1388
(8) "Assessment resolution" means a resolution adopted by a local entity under Section
1389
11-42-404
that levies an assessment on benefitted property within an assessment area.
1390
(9) "Benefitted property" means property within an assessment area that benefits from
1391
improvements, operation and maintenance, or economic promotion activities.
1392
(10) "Bond anticipation notes" means notes issued under Section
11-42-602
in
1393
anticipation of the issuance of assessment bonds.
1394
(11) "Bonds" means assessment bonds and refunding assessment bonds.
1395
(12) "Commercial area" means an area in which at least 75% of the property is devoted
1396
to the interchange of goods or commodities.
1397
(13) "Connection fee" means a fee charged by a local entity to pay for the costs of
1398
connecting property to a publicly owned sewer, water, gas, telecommunications, or electrical
1399
system, whether or not improvements are installed on the property.
1400
(14) "Contract price" means:
1401
(a) the cost of acquiring an improvement, if the improvement is acquired; or
1402
(b) the amount payable to one or more contractors for the design, engineering,
1403
inspection, and construction of an improvement.
1404
(15) "Designation ordinance" means an ordinance adopted by a local entity under
1405
Section
11-42-206
designating an assessment area.
1406
(16) "Designation resolution" means a resolution adopted by a local entity under
1407
Section
11-42-206
designating an assessment area.
1408
(17) "Economic promotion activities" means activities that promote economic growth
1409
in a commercial area of a local entity, including:
1410
(a) sponsoring festivals and markets;
1411
(b) promoting business investment or activities;
1412
(c) helping to coordinate public and private actions; and
1413
(d) developing and issuing publications designed to improve the economic well-being of
1414
the commercial area.
1415
(18) "Equivalent residential unit" means a dwelling, unit, or development that is equal
1416
to a single-family residence in terms of the nature of its use or impact on an improvement to be
1417
provided in the assessment area.
1418
(19) "Governing body" means:
1419
(a) for a county, city, or town, the legislative body of the county, city, or town;
1420
(b) for a local district, the board of trustees of the local district; and
1421
(c) for a special service district:
1422
(i) the legislative body of the county, city, or town that established the special service
1423
district, if no administrative control board has been appointed under Section [
17A-2-1326
]
1424
17D-1-301
; or
1425
(ii) the administrative control board of the special service district, if an administrative
1426
control board has been appointed under Section [
17A-2-1326
]
17D-1-301
.
1427
(20) "Guaranty fund" means the fund established by a local entity under Section
1428
11-42-701
.
1429
(21) "Improved property" means property proposed to be assessed within an
1430
assessment area upon which a residential, commercial, or other building has been built.
1431
(22) "Improvement" means any publicly owned infrastructure, system, or other facility
1432
that:
1433
(a) a local entity is authorized to provide; or
1434
(b) the governing body of a local entity determines is necessary or convenient to enable
1435
the local entity to provide a service that the local entity is authorized to provide.
1436
(23) "Improvement revenues":
1437
(a) means charges, fees, impact fees, or other revenues that a local entity receives from
1438
improvements; and
1439
(b) does not include revenue from assessments.
1440
(24) "Incidental refunding costs" means any costs of issuing refunding assessment bonds
1441
and calling, retiring, or paying prior bonds, including:
1442
(a) legal and accounting fees;
1443
(b) charges of fiscal agents, escrow agents, and trustees;
1444
(c) underwriting discount costs, printing costs, the costs of giving notice;
1445
(d) any premium necessary in the calling or retiring of prior bonds;
1446
(e) fees to be paid to the local entity to issue the refunding assessment bonds and to
1447
refund the outstanding prior bonds;
1448
(f) any other costs that the governing body determines are necessary or desirable to
1449
incur in connection with the issuance of refunding assessment bonds; and
1450
(g) any interest on the prior bonds that is required to be paid in connection with the
1451
issuance of the refunding assessment bonds.
1452
(25) "Installment payment date" means the date on which an installment payment of an
1453
assessment is payable.
1454
(26) "Interim warrant" means a warrant issued by a local entity under Section
1455
11-42-601
.
1456
(27) "Jurisdictional boundaries" means:
1457
(a) for a county, the boundaries of the unincorporated area of the county; and
1458
(b) for each other local entity, the boundaries of the local entity.
1459
(28) "Local district" means a local district under Title 17B, Limited Purpose Local
1460
Government Entities - Local Districts.
1461
(29) "Local entity" means a county, city, town, special service district, or local district.
1462
(30) "Local entity obligations" means assessment bonds, refunding assessment bonds,
1463
interim warrants, and bond anticipation notes issued by a local entity.
1464
(31) "Mailing address" means:
1465
(a) a property owner's last-known address using the name and address appearing on the
1466
last completed real property assessment roll of the county in which the property is located; and
1467
(b) if the property is improved property:
1468
(i) the property's street number; or
1469
(ii) the post office box, rural route number, or other mailing address of the property, if a
1470
street number has not been assigned.
1471
(32) "Net improvement revenues" means all improvement revenues that a local entity
1472
has received since the last installment payment date, less all amounts payable by the local entity
1473
from those improvement revenues for operation and maintenance costs.
1474
(33) "Operation and maintenance costs" means the costs that a local entity incurs in
1475
operating and maintaining improvements in an assessment area, including service charges,
1476
administrative costs, ongoing maintenance charges, and tariffs or other charges for electrical,
1477
water, gas, or other utility usage.
1478
(34) "Optional facilities":
1479
(a) means facilities in an assessment area that:
1480
(i) can be conveniently installed at the same time as improvements in the assessment
1481
area; and
1482
(ii) are requested by a property owner on whose property or for whose benefit the
1483
improvements are being installed; and
1484
(b) includes private driveways, irrigation ditches, and water turnouts.
1485
(35) "Overhead costs" means the actual costs incurred or the estimated costs to be
1486
incurred by a local entity in connection with an assessment area for appraisals, legal fees, filing
1487
fees, financial advisory charges, underwriting fees, placement fees, escrow, trustee, and paying
1488
agent fees, publishing and mailing costs, costs of levying an assessment, recording costs, and all
1489
other incidental costs.
1490
(36) "Prior bonds" means the assessment bonds that are refunded in part or in whole by
1491
refunding assessment bonds.
1492
(37) "Prior assessment ordinance" means the ordinance levying the assessments from
1493
which the prior bonds are payable.
1494
(38) "Prior assessment resolution" means the resolution levying the assessments from
1495
which the prior bonds are payable.
1496
(39) "Project engineer" means the surveyor or engineer employed by or private
1497
consulting engineer engaged by a local entity to perform the necessary engineering services for
1498
and to supervise the construction or installation of the improvements.
1499
(40) "Property" includes real property and any interest in real property, including water
1500
rights, leasehold rights, and personal property related to the property.
1501
(41) "Property price" means the price at which a local entity purchases or acquires by
1502
eminent domain property to make improvements in an assessment area.
1503
(42) "Provide" or "providing," with reference to an improvement, includes the
1504
acquisition, construction, reconstruction, renovation, maintenance, repair, operation, and
1505
expansion of an improvement.
1506
(43) "Public agency" means:
1507
(a) the state or any agency, department, or division of the state; and
1508
(b) a political subdivision of the state.
1509
(44) "Reduced payment obligation" means the full obligation of an owner of property
1510
within an assessment area to pay an assessment levied on the property after the assessment has
1511
been reduced because of the issuance of refunding assessment bonds, as provided in Section
1512
11-42-608
.
1513
(45) "Refunding assessment bonds" means assessment bonds that a local entity issues
1514
under Section
11-42-607
to refund, in part or in whole, assessment bonds.
1515
(46) "Reserve fund" means a fund established by a local entity under Section
1516
11-42-702
.
1517
(47) "Service" means water, sewer, garbage collection, library, recreation, or electric
1518
service, economic promotion activities, or any other service that a local entity is required or
1519
authorized to provide.
1520
(48) "Special service district" [means a special service district under Title 17A, Chapter
1521
2, Part 13, Utah Special Service District Act] has the same meaning as defined in Section
1522
17D-1-102
.
1523
(49) "Unimproved property" means property upon which no residential, commercial, or
1524
other building has been built.
1525
(50) "Voluntary assessment area" means an assessment area that contains only property
1526
whose owners have voluntarily consented to an assessment.
1527
Section 21.
Section
11-43-102
is amended to read:
1528
11-43-102. Memorials by political subdivisions.
1529
(1) As used in this section:
1530
(a) "Political subdivision" means any county, city, town, or school district.
1531
(b) "Political subdivision" does not mean a local district under Title 17B, Limited
1532
Purpose Local Government Entities - Local Districts, or a special service district under Title
1533
[17A] 17D, Chapter [2, Part 13, Utah] 1, Special Service District Act[, or a dependent district
1534
under Title 17A, Chapter 3, Dependent Districts].
1535
(2) A political subdivision may authorize the use or donation of the political
1536
subdivision's land for the purpose of maintaining, erecting, or contributing to the erection or
1537
maintenance of a memorial to commemorate those individuals who have: