S.B. 184 Enrolled

MUNICIPAL IMPROVEMENT DISTRICT
AMENDMENTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Carlene M. Walker
This act modifies the Utah Municipal Improvement District Act to expand the
improvements that a municipal improvement district is authorized to provide to include
certain cable television and telecommunications facilities and equipment. The act
requires property owner consent for property to be included in the district and to be
made subject to assessment. The act limits the use of funds from an assessment for a
special improvement district for cable television and telecommunications facilities and
prohibits nondistrict municipal funds from being used for those facilities.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17A-3-304, as last amended by Chapter 47, Laws of Utah 1991
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17A-3-304 is amended to read:
17A-3-304. Powers of municipality.
(1) The governing body of any municipality may make or cause to be made any one or
more or combination of the following improvements:
(a) establish grades and lay out, establish, open, extend, and widen any street, sidewalk,
alley, or off-street parking facility;
(b) improve, repair, light, grade, pave, repave, curb, gutter, sewer, drain, park, and
beautify any street, sidewalk, alley, or off-street parking facility;
(c) construct, reconstruct, extend, maintain, or repair bridges, sidewalks, crosswalks,
driveways, culverts, sewers, storm sewers, drains, flood barriers, and channels;
(d) construct, reconstruct, extend, maintain, or repair lines, facilities, and equipment,
other than generating equipment, for street lighting purposes or for the expansion or
improvement of a previously established, municipally owned electrical distribution system, to a

district within the boundaries of the municipality;
(e) plant or cause to be planted, set out, cultivate, and maintain lawns, shade trees, or
other landscaping;
(f) (i) cover, fence, safeguard, or enclose reservoirs, canals, ditches, and watercourses;
and
(ii) construct, reconstruct, extend, maintain, and repair waterworks, reservoirs, canals,
ditches, pipes, mains, hydrants, and other water facilities for the purpose of supplying water for
domestic and irrigation purposes or either, regulating, controlling, or distributing water for
domestic and irrigation purposes and regulating and controlling water and watercourses leading
into the municipality;
(g) acquire, construct, reconstruct, extend, maintain, or repair parking lots or other
facilities for the parking of vehicles off streets;
(h) acquire, construct, reconstruct, extend, maintain, or repair any of the improvements
authorized in this section for use in connection with an industrial or research park;
(i) acquire, construct, reconstruct, extend, maintain, or repair parks, recreational
facilities, and libraries;
(j) remove any nonconforming existing improvements in the areas to be improved;
(k) construct, reconstruct, extend, maintain, or repair optional improvements;
(l) acquire any property necessary or advisable in order to make any of these
improvements;
(m) make any other improvements authorized by any other law, the cost of which may, in
whole or in part, properly be determined to be of particular benefit to a particular area within the
municipality;
(n) (i) construct and install all structures, equipment, and other items; and
(ii) do any other work that is necessary or appropriate to complete any of these
improvements; [and]
(o) conduct economic promotion activities[.]; and
(p) subject to Subsection (5), acquire, construct, reconstruct, extend, maintain, or repair

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lines, facilities, and equipment for providing cable television service or public
telecommunications service, as defined in Section 10-18-102 .
(2) In a district created for economic promotion activities, the governing body of the
municipality shall:
(a) spend at least 70% of any funds generated on economic promotion activities; and
(b) spend no more than 30% of any funds generated on administrative costs, including
salaries, benefits, rent, travel, and costs incidental to publications.
(3) For the purpose of making and paying for all or a part of the cost of any
improvements or optional improvements, the governing body of a municipality may:
(a) create special improvement districts within the municipality;
(b) levy assessments on the property within the district that is benefited by the
improvements;
(c) collect improvement revenues from those improvements; and
(d) issue interim warrants and special improvement bonds as provided in this part.
(4) A governing body may not use the procedures outlined in this part to pay the cost of
buildings or structures used for industry or research.
(5) (a) A district created to make the improvements set forth in Subsection (1)(p):
(i) may include only the property of an owner who has voluntarily consented to include
the owner's property in the district and to subject the property to an assessment of the district; and
(ii) notwithstanding Title 10, Chapter 18, Municipal Cable Television and Public
Telecommunications Services, may not provide cable television service or public
telecommunications service, as defined in Section 10-18-102 .
(b) Notwithstanding any other provision of law, a municipality that creates a district to
make the improvements set forth in Subsection (1)(p) may not use municipal funds, other than
those derived from an assessment levied under this part on property within that district, to pay for
those improvements.
(c) Notwithstanding any other provision of this part, funds derived from an assessment
levied under this part on property within a district created to make the improvements set forth in

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Subsection (1)(p) may be used only for the purpose of making those improvements.

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