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H.B. 195

1    

SPECIAL DISTRICTS AMENDMENTS

2    
1998 GENERAL SESSION

3    
STATE OF UTAH

4    
Sponsor: David Ure

5    AN ACT RELATING TO SPECIAL DISTRICTS; REPEALING COMMUNITY
6    REDEVELOPMENT AGENCY PROVISIONS; RESTRICTING THE CREATION OF
7    FURTHER REGIONAL SERVICE AREAS; AND MAKING TECHNICAL CORRECTIONS.
8    This act affects sections of Utah Code Annotated 1953 as follows:
9    AMENDS:
10         17A-2-1802, as enacted by Chapter 216, Laws of Utah 1995
11         17A-2-1803, as enacted by Chapter 216, Laws of Utah 1995
12         59-2-906.1, as last amended by Chapters 292 and 388, Laws of Utah 1997
13    REPEALS:
14         17A-2-1101, as renumbered and amended by Chapter 186, Laws of Utah 1990
15         17A-2-1102, as last amended by Chapter 12, Laws of Utah 1994
16         17A-2-1103, as renumbered and amended by Chapter 186, Laws of Utah 1990
17         17A-2-1104, as renumbered and amended by Chapter 186, Laws of Utah 1990
18         17A-2-1105, as renumbered and amended by Chapter 186, Laws of Utah 1990
19         17A-2-1106, as last amended by Chapter 273, Laws of Utah 1991
20         17A-2-1107, as renumbered and amended by Chapter 186, Laws of Utah 1990
21         17A-2-1108, as renumbered and amended by Chapter 186, Laws of Utah 1990
22         17A-2-1109, as renumbered and amended by Chapter 186, Laws of Utah 1990
23         17A-2-1110, as renumbered and amended by Chapter 186, Laws of Utah 1990
24         17A-2-1111, as renumbered and amended by Chapter 186, Laws of Utah 1990
25         17A-2-1112, as renumbered and amended by Chapter 186, Laws of Utah 1990
26         17A-2-1113, as renumbered and amended by Chapter 186, Laws of Utah 1990
27         17A-2-1114, as renumbered and amended by Chapter 186, Laws of Utah 1990


1         17A-2-1115, as renumbered and amended by Chapter 186, Laws of Utah 1990
2         17A-2-1116, as renumbered and amended by Chapter 186, Laws of Utah 1990
3         17A-2-1117, as renumbered and amended by Chapter 186, Laws of Utah 1990
4         17A-2-1118, as renumbered and amended by Chapter 186, Laws of Utah 1990
5         17A-2-1119, as renumbered and amended by Chapter 186, Laws of Utah 1990
6         17A-2-1120, as renumbered and amended by Chapter 186, Laws of Utah 1990
7         17A-2-1121, as renumbered and amended by Chapter 186, Laws of Utah 1990
8         17A-2-1122, as renumbered and amended by Chapter 186, Laws of Utah 1990
9         17A-2-1123, as renumbered and amended by Chapter 186, Laws of Utah 1990
10         17A-2-1124, as renumbered and amended by Chapter 186, Laws of Utah 1990
11         17A-2-1125, as renumbered and amended by Chapter 186, Laws of Utah 1990
12         17A-2-1126, as renumbered and amended by Chapter 186, Laws of Utah 1990
13         17A-2-1127, as renumbered and amended by Chapter 186, Laws of Utah 1990
14         17A-2-1128, as renumbered and amended by Chapter 186, Laws of Utah 1990
15         17A-2-1129, as renumbered and amended by Chapter 186, Laws of Utah 1990
16         17A-2-1130, as last amended by Chapter 5, Laws of Utah 1991
17         17A-2-1131, as renumbered and amended by Chapter 186, Laws of Utah 1990
18         17A-2-1132, as renumbered and amended by Chapter 186, Laws of Utah 1990
19         17A-2-1133, as renumbered and amended by Chapter 186, Laws of Utah 1990
20         17A-2-1134, as renumbered and amended by Chapter 186, Laws of Utah 1990
21         17A-2-1135, as renumbered and amended by Chapter 186, Laws of Utah 1990
22         17A-2-1136, as renumbered and amended by Chapter 186, Laws of Utah 1990
23         17A-2-1137, as renumbered and amended by Chapter 186, Laws of Utah 1990
24         17A-2-1138, as renumbered and amended by Chapter 186, Laws of Utah 1990
25         17A-2-1139, as renumbered and amended by Chapter 186, Laws of Utah 1990
26         17A-2-1140, as renumbered and amended by Chapter 186, Laws of Utah 1990
27         17A-2-1141, as renumbered and amended by Chapter 186, Laws of Utah 1990
28         17A-2-1142, as renumbered and amended by Chapter 186, Laws of Utah 1990
29         17A-2-1143, as renumbered and amended by Chapter 186, Laws of Utah 1990
30         17A-2-1144, as renumbered and amended by Chapter 186, Laws of Utah 1990
31         17A-2-1145, as renumbered and amended by Chapter 186, Laws of Utah 1990

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1         17A-2-1146, as renumbered and amended by Chapter 186, Laws of Utah 1990
2         17A-2-1147, as renumbered and amended by Chapter 186, Laws of Utah 1990
3         17A-2-1148, as renumbered and amended by Chapter 186, Laws of Utah 1990
4         17A-2-1149, as renumbered and amended by Chapter 186, Laws of Utah 1990
5         17A-2-1150, as renumbered and amended by Chapter 186, Laws of Utah 1990
6         17A-2-1151, as renumbered and amended by Chapter 186, Laws of Utah 1990
7         17A-2-1152, as renumbered and amended by Chapter 186, Laws of Utah 1990
8         17A-2-1153, as renumbered and amended by Chapter 186, Laws of Utah 1990
9         17A-2-1154, as renumbered and amended by Chapter 186, Laws of Utah 1990
10         17A-2-1155, as renumbered and amended by Chapter 186, Laws of Utah 1990
11         17A-2-1156, as renumbered and amended by Chapter 186, Laws of Utah 1990
12         17A-2-1157, as renumbered and amended by Chapter 186, Laws of Utah 1990
13         17A-2-1158, as renumbered and amended by Chapter 186, Laws of Utah 1990
14         17A-2-1159, as renumbered and amended by Chapter 186, Laws of Utah 1990
15         17A-2-1160, as renumbered and amended by Chapter 186, Laws of Utah 1990
16         17A-2-1161, as renumbered and amended by Chapter 186, Laws of Utah 1990
17         17A-2-1162, as renumbered and amended by Chapter 186, Laws of Utah 1990
18         17A-2-1163, as renumbered and amended by Chapter 186, Laws of Utah 1990
19         17A-2-1164, as renumbered and amended by Chapter 186, Laws of Utah 1990
20         17A-2-1165, as renumbered and amended by Chapter 186, Laws of Utah 1990
21         17A-2-1166, as renumbered and amended by Chapter 186, Laws of Utah 1990
22         17A-2-1167, as renumbered and amended by Chapter 186, Laws of Utah 1990
23         17A-2-1168, as renumbered and amended by Chapter 186, Laws of Utah 1990
24         17A-2-1169, as renumbered and amended by Chapter 186, Laws of Utah 1990
25         17A-2-1170, as renumbered and amended by Chapter 186, Laws of Utah 1990
26         17A-2-1171, as renumbered and amended by Chapter 186, Laws of Utah 1990
27         17A-2-1172, as renumbered and amended by Chapter 186, Laws of Utah 1990
28         17A-2-1173, as renumbered and amended by Chapter 186, Laws of Utah 1990
29         17A-2-1174, as renumbered and amended by Chapter 186, Laws of Utah 1990
30         17A-2-1175, as renumbered and amended by Chapter 186, Laws of Utah 1990
31         17A-2-1176, as renumbered and amended by Chapter 186, Laws of Utah 1990

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1         17A-2-1177, as renumbered and amended by Chapter 186, Laws of Utah 1990
2         17A-2-1178, as renumbered and amended by Chapter 186, Laws of Utah 1990
3         17A-2-1179, as renumbered and amended by Chapter 186, Laws of Utah 1990
4         17A-2-1180, as renumbered and amended by Chapter 186, Laws of Utah 1990
5         17A-2-1181, as renumbered and amended by Chapter 186, Laws of Utah 1990
6         17A-2-1182, as renumbered and amended by Chapter 186, Laws of Utah 1990
7         17A-2-1183, as renumbered and amended by Chapter 186, Laws of Utah 1990
8         17A-2-1184, as renumbered and amended by Chapter 186, Laws of Utah 1990
9         17A-2-1185, as renumbered and amended by Chapter 186, Laws of Utah 1990
10         17A-2-1186, as renumbered and amended by Chapter 186, Laws of Utah 1990
11         17A-2-1187, as renumbered and amended by Chapter 186, Laws of Utah 1990
12         17A-2-1188, as renumbered and amended by Chapter 186, Laws of Utah 1990
13         17A-2-1189, as renumbered and amended by Chapter 186, Laws of Utah 1990
14         17A-2-1190, as renumbered and amended by Chapter 186, Laws of Utah 1990
15         17A-2-1191, as renumbered and amended by Chapter 186, Laws of Utah 1990
16         17A-2-1192, as renumbered and amended by Chapter 186, Laws of Utah 1990
17         17A-2-1193, as renumbered and amended by Chapter 186, Laws of Utah 1990
18         17A-2-1194, as renumbered and amended by Chapter 186, Laws of Utah 1990
19         17A-2-1195, as renumbered and amended by Chapter 186, Laws of Utah 1990
20         17A-2-1196, as renumbered and amended by Chapter 186, Laws of Utah 1990
21         17A-2-1197, as renumbered and amended by Chapter 186, Laws of Utah 1990
22         17A-2-1198, as renumbered and amended by Chapter 186, Laws of Utah 1990
23         17A-2-1199, as renumbered and amended by Chapter 186, Laws of Utah 1990
24         17A-2-1199.1, as renumbered and amended by Chapter 186, Laws of Utah 1990
25         17A-2-1199.2, as renumbered and amended by Chapter 186, Laws of Utah 1990
26         17A-2-1199.3, as renumbered and amended by Chapter 186, Laws of Utah 1990
27         17A-2-1199.4, as renumbered and amended by Chapter 186, Laws of Utah 1990
28         17A-2-1199.5, as renumbered and amended by Chapter 186, Laws of Utah 1990
29         17A-2-1199.6, as renumbered and amended by Chapter 186, Laws of Utah 1990
30         17A-2-1199.7, as renumbered and amended by Chapter 186, Laws of Utah 1990
31         17A-2-1199.8, as renumbered and amended by Chapter 186, Laws of Utah 1990

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1         17A-2-1199.9, as renumbered and amended by Chapter 186, Laws of Utah 1990
2         17A-2-1199.10, as renumbered and amended by Chapter 186, Laws of Utah 1990
3         17A-2-1199.11, as renumbered and amended by Chapter 186, Laws of Utah 1990
4         17A-2-1199.12, as renumbered and amended by Chapter 186, Laws of Utah 1990
5         17A-2-1199.13, as renumbered and amended by Chapter 186, Laws of Utah 1990
6         17A-2-1199.14, as renumbered and amended by Chapter 186, Laws of Utah 1990
7         17A-2-1199.15, as renumbered and amended by Chapter 186, Laws of Utah 1990
8         17A-2-1199.16, as renumbered and amended by Chapter 186, Laws of Utah 1990
9         17A-2-1199.17, as renumbered and amended by Chapter 186, Laws of Utah 1990
10         17A-2-1199.18, as renumbered and amended by Chapter 186, Laws of Utah 1990
11         17A-2-1199.19, as renumbered and amended by Chapter 186, Laws of Utah 1990
12         17A-2-1199.20, as renumbered and amended by Chapter 186, Laws of Utah 1990
13         17A-2-1199.21, as renumbered and amended by Chapter 186, Laws of Utah 1990
14         17A-2-1199.22, as renumbered and amended by Chapter 186, Laws of Utah 1990
15         17A-2-1199.23, as last amended by Chapter 285, Laws of Utah 1992
16         17A-2-1199.24, as renumbered and amended by Chapter 186, Laws of Utah 1990
17         17A-2-1199.25, as renumbered and amended by Chapter 186, Laws of Utah 1990
18         17A-2-1199.26, as renumbered and amended by Chapter 186, Laws of Utah 1990
19         17A-2-1199.27, as renumbered and amended by Chapter 186, Laws of Utah 1990
20         17A-2-1199.28, as renumbered and amended by Chapter 186, Laws of Utah 1990
21         17A-2-1199.29, as renumbered and amended by Chapter 186, Laws of Utah 1990
22         17A-2-1199.30, as renumbered and amended by Chapter 186, Laws of Utah 1990
23         17A-2-1199.31, as renumbered and amended by Chapter 186, Laws of Utah 1990
24         17A-2-1199.32, as renumbered and amended by Chapter 186, Laws of Utah 1990
25         17A-2-1199.33, as renumbered and amended by Chapter 186, Laws of Utah 1990
26         17A-2-1199.34, as renumbered and amended by Chapter 186, Laws of Utah 1990
27         17A-2-1199.35, as renumbered and amended by Chapter 186, Laws of Utah 1990
28         17A-2-1199.36, as renumbered and amended by Chapter 186, Laws of Utah 1990
29         17A-2-1199.37, as renumbered and amended by Chapter 186, Laws of Utah 1990
30         17A-2-1199.38, as renumbered and amended by Chapter 186, Laws of Utah 1990
31         17A-2-1199.39, as renumbered and amended by Chapter 186, Laws of Utah 1990

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1         17A-2-1199.40, as renumbered and amended by Chapter 186, Laws of Utah 1990
2         17A-2-1199.41, as renumbered and amended by Chapter 186, Laws of Utah 1990
3         17A-2-1199.42, as renumbered and amended by Chapter 186, Laws of Utah 1990
4         17A-2-1199.43, as renumbered and amended by Chapter 186, Laws of Utah 1990
5         17A-2-1199.44, as renumbered and amended by Chapter 186, Laws of Utah 1990
6         17A-2-1199.45, as renumbered and amended by Chapter 186, Laws of Utah 1990
7         17A-2-1199.46, as renumbered and amended by Chapter 186, Laws of Utah 1990
8         17A-2-1199.47, as renumbered and amended by Chapter 186, Laws of Utah 1990
9         17A-2-1199.48, as last amended by Chapter 243, Laws of Utah 1993
10         17A-2-1199.49, as renumbered and amended by Chapter 186, Laws of Utah 1990
11         17A-2-1199.50, as renumbered and amended by Chapter 186, Laws of Utah 1990
12         17A-2-1199.51, as renumbered and amended by Chapter 186, Laws of Utah 1990
13    Be it enacted by the Legislature of the state of Utah:
14        Section 1. Section 17A-2-1802 is amended to read:
15         17A-2-1802. Purpose.
16        The purpose of this part is to provide a method for qualifying county service areas to be
17    reorganized as regional service areas before May 4, 1998, to enable those areas to receive certain
18    services and to grant certain powers and authority to regional service areas that are not common
19    to county service areas.
20        Section 2. Section 17A-2-1803 is amended to read:
21         17A-2-1803. Area -- Election -- Procedures -- Appeals.
22        (1) A regional service area may consist of:
23        (a) all or part of any county; and
24        (b) areas that are not contiguous.
25        (2) (a) Only one regional service area may be located in a county.
26        (b) (i) A county service area may not reorganize as a regional service area on or after May
27    4, 1998.
28        (ii) No regional service area may be created on or after May 4, 1998.
29        (3) The adoption of this part does not affect the existence, operation, or establishment of
30    any county service area operating under Title 17A, Chapter 2, Part 4, County Service Areas.
31        [(4) Any county service area located in a county of the first class as provided in Subsection

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1    17-16-13(1) existing on May 1, 1995, which provides recreation services and, directly or
2    indirectly, owns, operates, or is involved in the management of any facility that is constructed with
3    Utah Sports Authority funds may elect to become a regional service area and be governed by the
4    provisions of this part as follows:]
5        [(a) (i) A resolution shall be adopted by the board of trustees of the qualifying county
6    service area declaring that the board of trustees has determined that it may be beneficial to the
7    county service area and its residents to reorganize as a regional service area;]
8        [(ii) the resolution shall state the date, time, and place where a public hearing will be held
9    at which any interested person desiring to speak for or against the proposal will be heard; and]
10        [(iii) a copy of the resolution shall be maintained at the office of the county service area
11    where it can be inspected by any interested person and a notice of the hearing shall be published
12    in a newspaper of general circulation in the county where the service area is located at least ten
13    days prior to the scheduled hearing.]
14        [(b) (i) At any time after the close of the hearing, the board of trustees of the county
15    service area may reorganize the county service area as a regional service area by passing a
16    resolution stating that the requirements of this section have been satisfied and that the board of
17    trustees of the county service area has determined it to be in the best interest of the county service
18    area and its residents to reorganize as a regional service area subject to the provisions of this part.]
19        [(ii) The resolution shall state the name of the regional service area, which may be
20    different from the name of the county service area, declaring the county service area to be
21    reorganized as a regional service area and containing such other details regarding the
22    reorganization as considered appropriate by the county service area board of trustees.]
23        [(iii) A service area intending to reorganize as a regional service area shall notify the
24    county legislative body in writing of its intention to reorganize.]
25        [(iv) A reorganization is not final until it is acted upon by the county legislative body.]
26        [(v) If the county legislative body fails to ratify or reject the proposed reorganization by
27    majority vote within 30 days after receiving the notification of intent to reorganize, the
28    reorganization is deemed to be ratified.]
29        [(c)] (4) After it is reorganized, the county service area shall be a regional service area
30    subject to this part containing all of the territory of the county service area, and not subject to
31    Chapter 2, Part 4.

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1        [(d) A certified copy of the reorganization resolution shall be filed with the recorder of the
2    county where the regional service area is located and a copy of the resolution, with evidence that
3    the resolution has been recorded with the county recorder, shall be filed with the State Tax
4    Commission.]
5        (5) (a) Beginning on the effective date of the resolution reorganizing the county service
6    area as a regional service area, the regional service area is reorganized with all the rights,
7    privileges, and powers, and limitations under this part.
8        (b) (i) Any outstanding bonds, notes, contracts, or other obligations of any former county
9    service area shall be the bonds, notes, contracts, and obligations of the new regional service area
10    which is taking its place with like effect as if issued or entered into by the regional service area[;
11    and].
12        (ii) [any] Any election authorizing the issuance of bonds of the former county service area
13    shall have the same effect as a bond election held under this part.
14        (c) Taxes at the most recent rate levied by the former county service area may continue
15    to be levied by the regional service area.
16        (d) All assets of the former county service area, including both real and personal property,
17    shall be the property of the regional service area with the same effect as if originally constructed,
18    purchased, leased, or otherwise acquired by the regional service area and the contracts of the
19    former county service area shall be the contracts of the regional service area.
20        (e) The employees, officers, and agents of the former county service area shall be the
21    employees, officers, and agents of the regional service area and all employee benefits, including
22    pension plans shall carry forward to the regional service area.
23        (f) Until amended, the bylaws, rules, regulations, policies, and procedures of the former
24    county service area shall be the bylaws, rules, regulations, policies, and procedures of the regional
25    service area.
26        (6) The conversion of a county service area to a regional service area may not impair or
27    affect any existing contract, obligation, lien, charge, or bond for or upon which the county service
28    area might be liable or chargeable had the conversion not taken place.
29        (7) (a) Any aggrieved person may appeal the decision of the governing authority of the
30    county service area to reorganize the county service area as a regional service area to the district
31    court in the county where the regional service area is located.

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1        (b) If that appeal is not filed within 30 days after the effective date of the resolution
2    reorganizing the county service area as a regional service area, the reorganization shall be final and
3    conclusive.
4        (c) In the appeal, the district court shall affirm the reorganization unless the person
5    challenging the reorganization establishes by clear and convincing evidence that:
6        (i) the county service area did not qualify to reorganize as a regional service area under
7    the criteria specified in this section; or
8        (ii) the board of trustees of the county service area substantially failed to follow the
9    procedural requirements of this section in reorganizing the county service area as a regional service
10    area.
11        Section 3. Section 59-2-906.1 is amended to read:
12         59-2-906.1. Property Tax Valuation Agency Fund -- Creation -- Statewide levy --
13     Additional county levy permitted.
14        (1) (a) There is created the Property Tax Valuation Agency Fund, to be funded by a
15    multicounty assessing and collecting levy not to exceed .0003 as provided in Subsection (2).
16        (b) The multicounty assessing and collecting levy under Subsection (1)(a) shall be
17    imposed annually by each county in the state.
18        (c) The purpose of the multicounty assessing and collecting levy created under Subsection
19    (1)(a) and the disbursement formulas established in Section 59-2-906.2 is to promote the accurate
20    valuation of property, the establishment and maintenance of uniform assessment levels within and
21    among counties, and the efficient administration of the property tax system, including the costs
22    of assessment, collection, and distribution of property taxes.
23        (d) Income derived from the investment of money in the fund created in this Subsection
24    (1) shall be deposited in and become part of the fund.
25        (2) (a) Except as authorized in Subsection (2)(b), beginning in fiscal year 1996-97 to fund
26    the Property Tax Valuation Agency Fund the Legislature shall authorize the amount of the
27    multicounty assessing and collecting levy, except that the multicounty assessing and collecting
28    levy may not exceed the certified revenue levy as defined in Section 53A-17a-103.
29        (b) If the Legislature authorizes a multicounty assessing and collecting levy that exceeds
30    the certified revenue levy, it is subject to the notice requirements of Section 59-2-926.
31        (c) For the calendar year beginning on January 1, 1998, and ending December 31, 1998,

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1    the certified revenue levy shall be increased by the amount necessary to offset the decrease in
2    revenues from uniform fees on tangible personal property under Section 59-2-405 as a result of
3    the decrease in uniform fees on tangible personal property under Section 59-2-405 enacted by the
4    Legislature during the 1997 Annual General Session.
5        (3) (a) The multicounty assessing and collecting levy authorized by the Legislature under
6    Subsection (2) shall be separately stated on the tax notice as a multicounty assessing and collecting
7    levy.
8        (b) The multicounty assessing and collecting levy authorized by the Legislature under
9    Subsection (2) is:
10        (i) exempt from the redevelopment provisions of Subsections [17A-2-1199.48(1),
11    17A-2-1199.48(2),] 17A-2-1247(1)[,] and [17A-2-1247](2);
12        (ii) in addition to and exempt from the maximum levies allowable under Section 59-2-908;
13    and
14        (iii) exempt from the notice requirements of Sections 59-2-918 and 59-2-919.
15        (c) Each county shall transmit quarterly to the state treasurer the portion of the .0003
16    multicounty assessing and collecting levy which is above the amount to which that county is
17    entitled to under Section 59-2-906.2.
18        (i) The revenue shall be transmitted no later than the 10th day of the month following the
19    end of the quarter in which the revenue is collected.
20        (ii) If revenue is transmitted after the 10th day of the month following the end of the
21    quarter in which the revenue is collected, the county shall pay an interest penalty at the rate of 10%
22    each year until the revenue is transmitted.
23        (d) The state treasurer shall deposit the revenue from the multicounty assessing and
24    collecting levy, any interest accrued from that levy, and any penalties received under Subsection
25    (3)(c) in the Property Tax Valuation Agency Fund.
26        (4) Each county may levy an additional property tax up to .0002 per dollar of taxable value
27    of taxable property as reported by each county. This levy shall be stated on the tax notice as a
28    county assessing and collecting levy.
29        (a) The purpose of the levy established in this Subsection (4) is to promote the accurate
30    valuation of property, the establishment and maintenance of uniform assessment levels within and
31    among counties, and the efficient administration of the property tax system, including the costs

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1    of assessment, collection, and distribution of property taxes.
2        (b) Any levy established in Subsection (4)(a) is:
3        (i) exempt from the redevelopment provisions of Subsections [17A-2-1199.48(1),
4    17A-2-1199.48(2),] 17A-2-1247(1)[,] and [17A-2-1247](2);
5        (ii) in addition to and exempt from the maximum levies allowable under Section 59-2-908;
6    and
7        (iii) is subject to the notice requirements of Sections 59-2-918 and 59-2-919.
8        Section 4. Repealer.
9        This act repeals:
10        Section 17A-2-1101, Short title.
11        Section 17A-2-1102, Definitions.
12        Section 17A-2-1103, Legislative intent.
13        Section 17A-2-1104, Election.
14        Section 17A-2-1105, Board of commissioners -- Legislative body may serve.
15        Section 17A-2-1106, Commissioners -- Appointment of members.
16        Section 17A-2-1107, Chairman -- Term of office.
17        Section 17A-2-1108, Expenses of commissioners -- Certificate of appointment or
18     reappointment.
19        Section 17A-2-1109, Agency powers exercised by commissioners -- Quorum --
20     Majority vote required.
21        Section 17A-2-1110, Employment of executive director, technical experts, agents and
22     employees -- Legal counsel and staff -- Annual report of agency, filing and publication.
23        Section 17A-2-1111, Removal of commissioner.
24        Section 17A-2-1112, Territorial jurisdiction.
25        Section 17A-2-1113, Powers vested in commissioners.
26        Section 17A-2-1114, Governmental functions.
27        Section 17A-2-1115, Public functions.
28        Section 17A-2-1116, Property and funds exempt from process -- Rights and remedies
29     of obligees.
30        Section 17A-2-1117, Agency powers.
31        Section 17A-2-1118, Power to select and employ officers, agents, counsel, and

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1     employees -- Limitations.
2        Section 17A-2-1119, Agency power to obtain office space and authorize travel
3     expenses.
4        Section 17A-2-1120, Services and facilities of other offices and departments available.
5        Section 17A-2-1121, Agency not department of community -- Employees not under
6     civil service.
7        Section 17A-2-1122, Agency power to prepare and carry out redevelopment plans and
8     disseminate information.
9        Section 17A-2-1123, Financial assistance from state or federal government or other
10     public or private source.
11        Section 17A-2-1124, Other assistance from state or federal government or other public
12     or private source.
13        Section 17A-2-1125, Insurance against risks or hazards.
14        Section 17A-2-1126, Joint exercise of powers by agencies -- Designation of one agency
15     to act for others.
16        Section 17A-2-1127, Duties of designated agency.
17        Section 17A-2-1128, Cooperation of designated agency and planning commissions.
18        Section 17A-2-1129, Redevelopment of community area by contiguous community.
19        Section 17A-2-1130, Powers of public bodies aiding and cooperating in redevelopment
20     projects.
21        Section 17A-2-1131, Bonds and obligations.
22        Section 17A-2-1132, Preliminary requirements before designation of area for
23     redevelopment.
24        Section 17A-2-1133, Designation of areas by resolution -- Basis for value of property.
25        Section 17A-2-1134, Requests for designation of redevelopment areas.
26        Section 17A-2-1135, Contents of resolution designating redevelopment area.
27        Section 17A-2-1136, Project area defined.
28        Section 17A-2-1137, Restrictions on designating project area.
29        Section 17A-2-1138, Preliminary plan for redevelopment of project area.
30        Section 17A-2-1139, Cooperation of agency and planning commission.
31        Section 17A-2-1140, Contents of preliminary plan.

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1        Section 17A-2-1141, Submission of preliminary plan.
2        Section 17A-2-1142, Redevelopment plan for project area prepared by agency.
3        Section 17A-2-1143, Redevelopment plan submitted to legislative body.
4        Section 17A-2-1144, Redevelopment plan based on preliminary plan.
5        Section 17A-2-1145, General contents.
6        Section 17A-2-1146, Lease or sale of property acquired by agency.
7        Section 17A-2-1147, Safeguards and provisions for controls of land -- Provisions
8     required in plan.
9        Section 17A-2-1148, Transfers of redevelopment project lands.
10        Section 17A-2-1149, Covenants, conditions, and restrictions.
11        Section 17A-2-1150, Owner participation.
12        Section 17A-2-1151, Preference to businessmen in project area to re-enter business.
13        Section 17A-2-1152, Owner participation -- Alternative provisions.
14        Section 17A-2-1153, Bond issues.
15        Section 17A-2-1154, Acquisition of property.
16        Section 17A-2-1155, Expenditures by community.
17        Section 17A-2-1156, Completion of proceedings by community.
18        Section 17A-2-1157, Owner participation in project.
19        Section 17A-2-1158, Redevelopment plan submitted to planning commission -- Report
20     and recommendations.
21        Section 17A-2-1159, Planning commission to file report.
22        Section 17A-2-1160, Redevelopment plan submitted to legislative body.
23        Section 17A-2-1161, Report submitted to legislative body.
24        Section 17A-2-1162, Hearing -- Adjournment by legislative body.
25        Section 17A-2-1163, Notice of hearing.
26        Section 17A-2-1164, Filing objections.
27        Section 17A-2-1165, Objections -- Considerations of legislative body.
28        Section 17A-2-1166, Adoption of plan -- Objections by property owners --
29     Referendum.
30        Section 17A-2-1167, Adoption of plan by ordinance.
31        Section 17A-2-1168, Adoption of plan without approval of planning commission.

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1        Section 17A-2-1169, Ordinance adopting plan -- Contents.
2        Section 17A-2-1170, Decision of legislative body -- Administrative and judicial review.
3        Section 17A-2-1171, Expenditures by community.
4        Section 17A-2-1172, Declaration of community intent.
5        Section 17A-2-1173, Agency contracts -- Approval by legislative body.
6        Section 17A-2-1174, Copy of adopting ordinance sent to agency -- Responsibility.
7        Section 17A-2-1175, Recording of adopted plan.
8        Section 17A-2-1176, Building permit applicants -- Notice of project area.
9        Section 17A-2-1177, Copies of adopting ordinance sent to taxing agencies.
10        Section 17A-2-1178, Redevelopment following catastrophe.
11        Section 17A-2-1179, Owner participation.
12        Section 17A-2-1180, Application of alternative provisions on noncompliance by
13     owners.
14        Section 17A-2-1181, "Real property" defined.
15        Section 17A-2-1182, Acquisition of property -- Powers of agency -- Eminent domain
16     procedure.
17        Section 17A-2-1183, Acquisition of property prior to adoption of plan -- Eminent
18     domain power restricted.
19        Section 17A-2-1184, Property of members -- Acquisition by eminent domain.
20        Section 17A-2-1185, Acquisition of improved property restricted -- Exceptions.
21        Section 17A-2-1186, Acquisition of public property by eminent domain.
22        Section 17A-2-1187, Insurance and administration of property in project area.
23        Section 17A-2-1188, Payments by agency in lieu of property taxes.
24        Section 17A-2-1189, Agency ownership or operation of rental property limited.
25        Section 17A-2-1190, Relocation expenses and rent subsidies to displaced persons.
26        Section 17A-2-1191, Relocation of displaced persons.
27        Section 17A-2-1192, Relocation payments to displaced persons.
28        Section 17A-2-1193, Clearing improvements from property.
29        Section 17A-2-1194, Contracts for work on facilities and improvements.
30        Section 17A-2-1195, Contracts requiring competitive bids.
31        Section 17A-2-1196, Employment records of contractors.

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1        Section 17A-2-1197, Performance bonds of contractors.
2        Section 17A-2-1198, Sale, lease, or encumbrance of property.
3        Section 17A-2-1199, Sale or lease of property -- Hearing -- Public bids.
4        Section 17A-2-1199.1, Sale or lease of all property required.
5        Section 17A-2-1199.2, Sale or lease of property at fair value and in accordance with
6     plan.
7        Section 17A-2-1199.3, Sale or lease of property -- Approval by resolution of governing
8     body.
9        Section 17A-2-1199.4, Nondiscrimination clauses required in deeds, leases or
10     contracts.
11        Section 17A-2-1199.5, Obligations of owner-participants, lessees or purchasers of
12     property.
13        Section 17A-2-1199.6, Obligations of purchasers deemed covenants running with the
14     land -- Effect of breach.
15        Section 17A-2-1199.7, Sale or lease of property -- Time limitation on agency controls
16     and restrictions.
17        Section 17A-2-1199.8, Building construction by agency not authorized.
18        Section 17A-2-1199.9, Rehabilitation of structures by agency -- Reports.
19        Section 17A-2-1199.10, Amendment of redevelopment plan.
20        Section 17A-2-1199.11, Consents and waivers required before amendment of plan.
21        Section 17A-2-1199.12, Amendment of plan -- Hearing.
22        Section 17A-2-1199.13, Changes to plan submitted to planning commission.
23        Section 17A-2-1199.14, Ordinances adopted.
24        Section 17A-2-1199.15, Recording amendments.
25        Section 17A-2-1199.16, Limitation of actions against plan.
26        Section 17A-2-1199.17, Actions on legality or validity of bonds, plans, or proceedings
27     authorized.
28        Section 17A-2-1199.18, Judgment on validity -- New trial -- Appeal from judgment.
29        Section 17A-2-1199.19, Effect of judgment.
30        Section 17A-2-1199.20, Financial or other assistance from public or private source.
31        Section 17A-2-1199.21, Loans or state or federal aid.

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1        Section 17A-2-1199.22, Bonds.
2        Section 17A-2-1199.23, Investment of funds.
3        Section 17A-2-1199.24, Appropriations for administrative expenses.
4        Section 17A-2-1199.25, Submission of proposed budget.
5        Section 17A-2-1199.26, Adoption of budget by legislative body.
6        Section 17A-2-1199.27, Community redevelopment agency administrative fund --
7     Withdrawals from fund.
8        Section 17A-2-1199.28, Appropriations to fund -- Public purpose.
9        Section 17A-2-1199.29, Reports of agency transactions.
10        Section 17A-2-1199.30, Redevelopment revolving fund.
11        Section 17A-2-1199.31, Appropriations or sale of bonds for revolving fund.
12        Section 17A-2-1199.32, Revolving fund -- Authorized expenditures.
13        Section 17A-2-1199.33, Payments to agency from revolving fund.
14        Section 17A-2-1199.34, Redeposits in revolving fund.
15        Section 17A-2-1199.35, Financing provisions.
16        Section 17A-2-1199.36, Abolishment of revolving fund -- Withdrawal of excess money.
17        Section 17A-2-1199.37, Issuance of general obligation bonds -- Applicability of
18     constitutional and statutory limitations.
19        Section 17A-2-1199.38, General obligation bonds -- Applicability of law or charter of
20     community.
21        Section 17A-2-1199.39, Agency power to issue bonds -- Refunding bonds -- Payment
22     -- Security for bonds.
23        Section 17A-2-1199.40, Applicable limitations of bonds -- Tax exemption.
24        Section 17A-2-1199.41, Bond issues authorized by resolution -- Provisions subject to
25     resolution, trust indenture or mortgage.
26        Section 17A-2-1199.42, Sale of bonds.
27        Section 17A-2-1199.43, Validity of signatures -- Negotiability.
28        Section 17A-2-1199.44, Presumption of validity of agency bond issue.
29        Section 17A-2-1199.45, Agency bonds -- Eligibility as investments.
30        Section 17A-2-1199.46, Agency property exempt from process -- Remedies of obligees.
31        Section 17A-2-1199.47, Agency property exempt from taxes.

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1        Section 17A-2-1199.48, Division of taxes levied on property in project.
2        Section 17A-2-1199.49, Pledge of tax money for agency indebtedness.
3        Section 17A-2-1199.50, Taxes.
4        Section 17A-2-1199.51, Leased property subject to taxes.




Legislative Review Note
as of 11-25-97 10:31 AM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


Committee Note

The Political Subdivisions Interim Committee recommended this bill.

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