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Limited Purpose Local Government Entities - Local Districts | |
Provisions Applicable to All Local Districts | |
Section 103 | Local district status and powers. |
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17B-1-103. Local district status and powers. (1) A local district: (a) is: (i) a body corporate and politic with perpetual succession; (ii) a quasi-municipal corporation; and (iii) a political subdivision of the state; and (b) may sue and be sued. (2) A local district may: (a) acquire, by any lawful means, or lease any real property, personal property, or a groundwater right necessary or convenient to the full exercise of the district's powers; (b) acquire, by any lawful means, any interest in real property, personal property, or a groundwater right necessary or convenient to the full exercise of the district's powers; (c) transfer an interest in or dispose of any property or interest described in Subsections (2)(a) and (b); (d) acquire or construct works, facilities, and improvements necessary or convenient to the full exercise of the district's powers, and operate, control, maintain, and use those works, facilities, and improvements; (e) borrow money and incur indebtedness for any lawful district purpose; (f) issue bonds, including refunding bonds: (i) for any lawful district purpose; and (ii) as provided in and subject to Part 11, Local District Bonds; (g) levy and collect property taxes: (i) for any lawful district purpose or expenditure, including to cover a deficit resulting from tax delinquencies in a preceding year; and (ii) as provided in and subject to Part 10, Local District Property Tax Levy; (h) as provided in Title 78B, Chapter 6, Part 5, Eminent Domain, acquire by eminent domain property necessary to the exercise of the district's powers; (i) invest money as provided in Title 51, Chapter 7, State Money Management Act; (j) (i) impose fees or other charges for commodities, services, or facilities provided by the district, to pay some or all of the district's costs of providing the commodities, services, and facilities, including the costs of: (A) maintaining and operating the district; (B) acquiring, purchasing, constructing, improving, or enlarging district facilities; (C) issuing bonds and paying debt service on district bonds; and (D) providing a reserve established by the board of trustees; and (ii) take action the board of trustees considers appropriate and adopt regulations to assure the collection of all fees and charges that the district imposes; (k) if applicable, charge and collect a fee to pay for the cost of connecting a customer's property to district facilities in order for the district to provide service to the property; (l) enter into a contract that the local district board of trustees considers necessary, convenient, or desirable to carry out the district's purposes, including a contract: (i) with the United States or any department or agency of the United States; (ii) to indemnify and save harmless; or (iii) to do any act to exercise district powers; (m) purchase supplies, equipment, and materials; (n) encumber district property upon terms and conditions that the board of trustees considers appropriate; (o) exercise other powers and perform other functions that are provided by law; (p) construct and maintain works and establish and maintain facilities, including works or facilities: (i) across or along any public street or highway, subject to Subsection (3) and if the district: (A) promptly restores the street or highway, as much as practicable, to its former state of usefulness; and (B) does not use the street or highway in a manner that completely or unnecessarily impairs the usefulness of it; (ii) in, upon, or over any vacant public lands that are or become the property of the state, including school and institutional trust lands, as defined in Section 53C-1-103, if the director of the School and Institutional Trust Lands Administration, acting under Sections 53C-1-102 and 53C-1-303, consents; or (iii) across any stream of water or watercourse, subject to Section 73-3-29; (q) perform any act or exercise any power reasonably necessary for the efficient operation of the local district in carrying out its purposes; (r) (i) except for a local district described in Subsection (2)(r)(ii), designate an assessment area and levy an assessment on land within the assessment area, as provided in Title 11, Chapter 42, Assessment Area Act; or (ii) for a local district created to assess a groundwater right in a critical management area described in Subsection 17B-1-202(1), designate an assessment area and levy an assessment, as provided in Title 11, Chapter 42, Assessment Area Act, on a groundwater right to facilitate a groundwater management plan; (s) contract with another political subdivision of the state to allow the other political subdivision to use the district's surplus water or capacity or have an ownership interest in the district's works or facilities, upon the terms and for the consideration, whether monetary or nonmonetary consideration or no consideration, that the district's board of trustees considers to be in the best interests of the district and the public; and (t) upon the terms and for the consideration, whether monetary or nonmonetary consideration or no consideration, that the district's board of trustees considers to be in the best interests of the district and the public, agree: (i) with: (A) another political subdivision of the state; or (B) a public or private owner of property: (I) on which the district has a right-of-way; or (II) adjacent to which the district owns fee title to property; and (ii) to allow the use of property: (A) owned by the district; or (B) on which the district has a right-of-way. (3) With respect to a local district's use of a street or highway, as provided in Subsection (2)(p)(i): (a) the district shall comply with the reasonable rules and regulations of the governmental entity, whether state, county, or municipal, with jurisdiction over the street or
highway, concerning:
Amended by Chapter 68, 2011 General Session |
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