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H.B. 260 Enrolled
This act modifies provisions governing 2002 Highway General Obligation Bonds for Salt
Lake County by eliminating certain projects and by eliminating the requirement that
projects be funded in a strict priority order.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63B-11-501, as enacted by Chapter 266, Laws of Utah 2002
63B-11-502, as enacted by Chapter 266, Laws of Utah 2002
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63B-11-501 is amended to read:
63B-11-501. State Bonding Commission authorized to issue general obligation
bonds.
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Attorney General that Salt Lake County has entered a binding legal agreement with the state in
which Salt Lake County agrees, [
and issuance costs on the bonds have been paid, to annually transfer enough of the 1/4 of 1/4%
of sales tax proceeds earmarked by Section 59-12-502 to the sinking fund created in Section
63B-11-508 to pay the principal, interest, and issuance costs for any general obligation bonds
issued to provide funds for any of the Salt Lake County transportation projects identified in
Section 63B-11-502 , the commission created under Section 63B-1-201 may issue and sell
general obligation bonds of the state pledging the full faith, credit, and resources of the state for
the payment of the principal of and interest on the bonds, to provide funds to the Department of
Transportation.
Section 2. Section 63B-11-502 is amended to read:
63B-11-502. Maximum amount -- Projects authorized.
(1) The total amount of bonds issued under this part may not exceed [
$78,500,000.
(2) (a) (i) Proceeds from the issuance of bonds shall be provided to the Department of
Transportation to provide funds to pay all or part of the costs of accelerating any of the following
state highway construction or reconstruction projects in Salt Lake County [
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I-80 to Utah County;
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(E) except as provided in Subsection (2)(d), State Street Reconstruction: 7800 South to
8000 South.
(ii) If the Department of Transportation is unable to begin or complete a project
authorized by this Subsection (2)(a) because of a court order, the Department of Transportation,
with the approval of Salt Lake County, may expend bond proceeds to construct one or more
projects identified in Subsection (2)(e).
(b) When the Utah Transit Authority certifies to the Transportation Commission that the
Utah Transit Authority will pay half the costs of reconstruction of the Utah Transit Authority
railroad overpass on 8000 South State Street, the Department of Transportation may provide
funds from bond proceeds to pay the other half of the costs of reconstruction of the Utah Transit
Authority railroad overpass on 8000 South.
(c) As used in Subsections (2)(a) and (b), "costs" may include the cost of acquiring land,
interests in land, easements and rights-of-way, improving sites, and making all improvements
necessary, incidental, or convenient to the facilities, interest estimated to accrue on these bonds
during the period to be covered by construction of the projects plus a period of six months after
the end of the construction period, interest estimated to accrue on any bond anticipation notes
issued under the authority of Chapter 11, Part 6, 2002 Highway General Obligation Bond
Anticipation [
architectural, and legal fees.
(d) Bond proceeds may not be expended on the State Street Reconstruction: 7800 to
8000 South project until the Transportation Commission has received the certification required
by Subsection (2)(b) from the Utah Transit Authority.
(e) As the following projects or future projects identified by Salt Lake County and the
Legislature are prepared and ready for construction by the Department of Transportation, it is the
intent of the Legislature that they will be accelerated and funded from future general obligation
bonds issued in anticipation of receiving debt service funds from Salt Lake County's 1/4 of 1/4%
sales tax proceeds earmarked by Section 59-12-502 and from other funding sources available to
the Department of Transportation, including monies available from the Centennial Highway
Fund and the Statewide Transportation Improvement Plan: 5600 West Reconstruction: 4500
South to 7000 South; Redwood Road: 12600 South to Bangerter Highway; I-15: Beck Street
Overpass; I-215: 4700 South to SR-201; acquisition of rights-of-way for the Western
Transportation Corridor; 11400 South: I-15 to Redwood Road; and State Street Reconstruction
6400 South to 7800 South and 8000 South to 9000 South.
(3) If any portion of the proceeds of the tax paid to the state are not required to pay
principal, interest, and issuance costs of the bonds and the principal, interest, and issuance costs
of the bond have been paid off, or if, after completion of the projects authorized under
Subsection (2)(a) and payment of the costs of issuing and selling the bonds under Section
63B-11-503 , any bond proceeds remain unexpended, the Department of Transportation may use
those unexpended proceeds to pay all or part of the costs of construction projects in Salt Lake
County that have been approved and prioritized by the Transportation Commission.
(4) The commission [
of intent relating to a reimbursement that is necessary or desirable to comply with federal tax
law.
(5) The Department of Transportation may enter into agreements related to the projects
before the receipt of proceeds of bonds issued under this chapter.
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