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S.B. 47 Enrolled
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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;
55 . 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;
58 . authorizes a special service district to provide service outside its boundary;
59 . modifies the type of correctional facilities and services that a special service district
60 is authorized to provide;
61 . 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;
65 . modifies the qualifications of an administrative control board member;
66 . 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;
69 . clarifies that a voter at an election of a local district board member must be a
70 registered voter within the district;
71 . 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;
74 . modifies the date by which a conservation district's annual report is to be submitted
75 to the commission; and
76 . makes technical changes.
77 Monies Appropriated in this Bill:
78 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
89 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" [
339
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 [
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 [
418 [
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 [
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 [
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 [
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 [
517 Chapter [
518 Section 7. Section 10-8-85.9 is enacted to read:
519
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 [
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 [
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 [
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 [
754
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 [
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 [
769 17D-1-301 ; or
770 (ii) the administrative control board, if one has been established under Section
771 [
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 [
819 [
820 and management functions occur and agrees to, and does, limit the aggregate amount of its
821 investments in companies located outside the state [
822 aggregate does not exceed the aggregate amount of investments made by institutions and funds
823 located outside the state [
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 [
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 [
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 [
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 [
1026 renewal agency, [
1027
1028 to receive ad valorem property taxes, existing under the laws of the state [
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 [
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 [
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 [
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 [
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" [
1314
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 [
1356 17D, Chapter [
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 [
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 [
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" [
1521
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 [
1534
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:
1538 (a) participated in or have given their lives in any of the one or more wars or military
1539 conflicts in which the United States of America has been a participant; or
1540 (b) given their lives in association with public service on behalf of the state or the
1541 political subdivision, including firefighters, peace officers, highway patrol officers, or other
1542 public servants.
1543 (3) The use or donation of a political subdivision's land in relation to a memorial
1544 described in Subsection (2) may include:
1545 (a) using or appropriating public funds for the purchase, development, improvement, or
1546 maintenance of public land on which a memorial is located or established;
1547 (b) using or appropriating public funds for the erection, improvement, or maintenance
1548 of a memorial;
1549 (c) donating or selling public land for use in relation to a memorial; or
1550 (d) authorizing the use of a political subdivision's land for a memorial that is funded or
1551 maintained in part or in full by another public or private entity.
1552 (4) The political subdivision may specify the form, placement, and design of a memorial
1553 that is subject to this section.
1554 Section 22. Section 17-27a-103 is amended to read:
1555 17-27a-103. Definitions.
1556 As used in this chapter:
1557 (1) "Affected entity" means a county, municipality, local district, special service district
1558 under Title [
1559 district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal
1560 Cooperation Act, specified property owner, property owners association, public utility, or the
1561 Utah Department of Transportation, if:
1562 (a) the entity's services or facilities are likely to require expansion or significant
1563 modification because of an intended use of land;
1564 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
1565 or
1566 (c) the entity has filed with the county a request for notice during the same calendar
1567 year and before the county provides notice to an affected entity in compliance with a
1568 requirement imposed under this chapter.
1569 (2) "Appeal authority" means the person, board, commission, agency, or other body
1570 designated by ordinance to decide an appeal of a decision of a land use application or a
1571 variance.
1572 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
1573 residential property if the sign is designed or intended to direct attention to a business, product,
1574 or service that is not sold, offered, or existing on the property where the sign is located.
1575 (4) "Charter school" includes:
1576 (a) an operating charter school;
1577 (b) a charter school applicant that has its application approved by a chartering entity in
1578 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
1579 (c) an entity who is working on behalf of a charter school or approved charter applicant
1580 to develop or construct a charter school building.
1581 (5) "Chief executive officer" means the person or body that exercises the executive
1582 powers of the county.
1583 (6) "Conditional use" means a land use that, because of its unique characteristics or
1584 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
1585 compatible in some areas or may be compatible only if certain conditions are required that
1586 mitigate or eliminate the detrimental impacts.
1587 (7) "Constitutional taking" means a governmental action that results in a taking of
1588 private property so that compensation to the owner of the property is required by the:
1589 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
1590 (b) Utah Constitution Article I, Section 22.
1591 (8) "Culinary water authority" means the department, agency, or public entity with
1592 responsibility to review and approve the feasibility of the culinary water system and sources for
1593 the subject property.
1594 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
1595 or more of a person's major life activities, including a person having a record of such an
1596 impairment or being regarded as having such an impairment.
1597 (b) "Disability" does not include current illegal use of, or addiction to, any federally
1598 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
1599 802.
1600 (10) "Elderly person" means a person who is 60 years old or older, who desires or
1601 needs to live with other elderly persons in a group setting, but who is capable of living
1602 independently.
1603 (11) "Fire authority" means the department, agency, or public entity with responsibility
1604 to review and approve the feasibility of fire protection and suppression services for the subject
1605 property.
1606 (12) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
1607 (13) "General plan" means a document that a county adopts that sets forth general
1608 guidelines for proposed future development of the unincorporated land within the county.
1609 (14) "Identical plans" means building plans submitted to a county that are substantially
1610 identical building plans that were previously submitted to and reviewed and approved by the
1611 county and describe a building that is:
1612 (a) located on land zoned the same as the land on which the building described in the
1613 previously approved plans is located; and
1614 (b) subject to the same geological and meteorological conditions and the same law as
1615 the building described in the previously approved plans.
1616 (15) "Interstate pipeline company" means a person or entity engaged in natural gas
1617 transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
1618 the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1619 (16) "Intrastate pipeline company" means a person or entity engaged in natural gas
1620 transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
1621 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1622 (17) "Land use application" means an application required by a county's land use
1623 ordinance.
1624 (18) "Land use authority" means a person, board, commission, agency, or other body
1625 designated by the local legislative body to act upon a land use application.
1626 (19) "Land use ordinance" means a planning, zoning, development, or subdivision
1627 ordinance of the county, but does not include the general plan.
1628 (20) "Land use permit" means a permit issued by a land use authority.
1629 (21) "Legislative body" means the county legislative body, or for a county that has
1630 adopted an alternative form of government, the body exercising legislative powers.
1631 (22) "Local district" means any entity under Title 17B, Limited Purpose Local
1632 Government Entities - Local Districts, and any other governmental or quasi-governmental entity
1633 that is not a county, municipality, school district, or unit of the state.
1634 (23) "Lot line adjustment" means the relocation of the property boundary line in a
1635 subdivision between two adjoining lots with the consent of the owners of record.
1636 (24) "Moderate income housing" means housing occupied or reserved for occupancy by
1637 households with a gross household income equal to or less than 80% of the median gross
1638 income for households of the same size in the county in which the housing is located.
1639 (25) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
1640 and expenses incurred in:
1641 (a) verifying that building plans are identical plans; and
1642 (b) reviewing and approving those minor aspects of identical plans that differ from the
1643 previously reviewed and approved building plans.
1644 (26) "Noncomplying structure" means a structure that:
1645 (a) legally existed before its current land use designation; and
1646 (b) because of one or more subsequent land use ordinance changes, does not conform
1647 to the setback, height restrictions, or other regulations, excluding those regulations that govern
1648 the use of land.
1649 (27) "Nonconforming use" means a use of land that:
1650 (a) legally existed before its current land use designation;
1651 (b) has been maintained continuously since the time the land use ordinance regulation
1652 governing the land changed; and
1653 (c) because of one or more subsequent land use ordinance changes, does not conform
1654 to the regulations that now govern the use of the land.
1655 (28) "Official map" means a map drawn by county authorities and recorded in the
1656 county recorder's office that:
1657 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1658 highways and other transportation facilities;
1659 (b) provides a basis for restricting development in designated rights-of-way or between
1660 designated setbacks to allow the government authorities time to purchase or otherwise reserve
1661 the land; and
1662 (c) has been adopted as an element of the county's general plan.
1663 (29) "Person" means an individual, corporation, partnership, organization, association,
1664 trust, governmental agency, or any other legal entity.
1665 (30) "Plan for moderate income housing" means a written document adopted by a
1666 county legislative body that includes:
1667 (a) an estimate of the existing supply of moderate income housing located within the
1668 county;
1669 (b) an estimate of the need for moderate income housing in the county for the next five
1670 years as revised biennially;
1671 (c) a survey of total residential land use;
1672 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
1673 income housing; and
1674 (e) a description of the county's program to encourage an adequate supply of moderate
1675 income housing.
1676 (31) "Plat" means a map or other graphical representation of lands being laid out and
1677 prepared in accordance with Section 17-27a-603 , 17-23-17 , or 57-8-13 .
1678 (32) "Public hearing" means a hearing at which members of the public are provided a
1679 reasonable opportunity to comment on the subject of the hearing.
1680 (33) "Public meeting" means a meeting that is required to be open to the public under
1681 Title 52, Chapter 4, Open and Public Meetings Act.
1682 (34) "Receiving zone" means an unincorporated area of a county that the county's land
1683 use authority designates as an area in which an owner of land may receive transferrable
1684 development rights.
1685 (35) "Record of survey map" means a map of a survey of land prepared in accordance
1686 with Section 17-23-17 .
1687 (36) "Residential facility for elderly persons" means a single-family or multiple-family
1688 dwelling unit that meets the requirements of Section 17-27a-515 , but does not include a health
1689 care facility as defined by Section 26-21-2 .
1690 (37) "Residential facility for persons with a disability" means a residence:
1691 (a) in which more than one person with a disability resides; and
1692 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
1693 Chapter 2, Licensure of Programs and Facilities; or
1694 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
1695 Health Care Facility Licensing and Inspection Act.
1696 (38) "Sanitary sewer authority" means the department, agency, or public entity with
1697 responsibility to review and approve the feasibility of sanitary sewer services or onsite
1698 wastewater systems.
1699 (39) "Sending zone" means an unincorporated area of a county that the county's land
1700 use authority designates as an area from which an owner of land may transfer transferrable
1701 development rights to an owner of land in a receiving zone.
1702 (40) "Specified public utility" means an electrical corporation, gas corporation, or
1703 telephone corporation, as those terms are defined in Section 54-2-1 .
1704 (41) "Street" means a public right-of-way, including a highway, avenue, boulevard,
1705 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other way.
1706 (42) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
1707 divided into two or more lots, parcels, sites, units, plots, or other division of land for the
1708 purpose, whether immediate or future, for offer, sale, lease, or development either on the
1709 installment plan or upon any and all other plans, terms, and conditions.
1710 (b) "Subdivision" includes:
1711 (i) the division or development of land whether by deed, metes and bounds description,
1712 devise and testacy, map, plat, or other recorded instrument; and
1713 (ii) except as provided in Subsection (42)(c), divisions of land for residential and
1714 nonresidential uses, including land used or to be used for commercial, agricultural, and
1715 industrial purposes.
1716 (c) "Subdivision" does not include:
1717 (i) a bona fide division or partition of agricultural land for agricultural purposes;
1718 (ii) a recorded agreement between owners of adjoining properties adjusting their mutual
1719 boundary if:
1720 (A) no new lot is created; and
1721 (B) the adjustment does not violate applicable land use ordinances;
1722 (iii) a recorded document, executed by the owner of record:
1723 (A) revising the legal description of more than one contiguous unsubdivided parcel of
1724 property into one legal description encompassing all such parcels of property; or
1725 (B) joining a subdivided parcel of property to another parcel of property that has not
1726 been subdivided, if the joinder does not violate applicable land use ordinances;
1727 (iv) a bona fide division or partition of land in a county other than a first class county
1728 for the purpose of siting, on one or more of the resulting separate parcels:
1729 (A) an unmanned facility appurtenant to a pipeline owned or operated by a gas
1730 corporation, interstate pipeline company, or intrastate pipeline company; or
1731 (B) an unmanned telecommunications, microwave, fiber optic, electrical, or other utility
1732 service regeneration, transformation, retransmission, or amplification facility; or
1733 (v) a recorded agreement between owners of adjoining subdivided properties adjusting
1734 their mutual boundary if:
1735 (A) no new dwelling lot or housing unit will result from the adjustment; and
1736 (B) the adjustment will not violate any applicable land use ordinance.
1737 (d) The joining of a subdivided parcel of property to another parcel of property that has
1738 not been subdivided does not constitute a subdivision under this Subsection (42) as to the
1739 unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
1740 ordinance.
1741 (43) "Township" means a contiguous, geographically defined portion of the
1742 unincorporated area of a county, established under this part or reconstituted or reinstated under
1743 Section 17-27a-306 , with planning and zoning functions as exercised through the township
1744 planning commission, as provided in this chapter, but with no legal or political identity separate
1745 from the county and no taxing authority, except that "township" means a former township under
1746 Chapter 308, Laws of Utah 1996 where the context so indicates.
1747 (44) "Transferrable development right" means the entitlement to develop land within a
1748 sending zone that would vest according to the county's existing land use ordinances on the date
1749 that a completed land use application is filed seeking the approval of development activity on
1750 the land.
1751 (45) "Unincorporated" means the area outside of the incorporated area of a
1752 municipality.
1753 (46) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
1754 land use zones, overlays, or districts.
1755 Section 23. Section 17-52-403 is amended to read:
1756 17-52-403. Adoption of optional plan -- Effect of adoption.
1757 (1) If a proposed optional plan is approved at an election held under Section 17-52-206 :
1758 (a) the proposed optional plan becomes effective according to its terms and, subject to
1759 Subsection 17-52-401 (1)(c), at the time specified in it, is public record open to inspection by the
1760 public, and is judicially noticeable by all courts;
1761 (b) the county clerk shall, within ten days of the canvass of the election, file with the
1762 lieutenant governor a copy of the optional plan, certified by the clerk to be a true and correct
1763 copy;
1764 (c) all public officers and employees shall cooperate fully in making the transition
1765 between forms of county government; and
1766 (d) the county legislative body may enact and enforce necessary ordinances to bring
1767 about an orderly transition to the new form of government, including any transfer of power,
1768 records, documents, properties, assets, funds, liabilities, or personnel that are consistent with
1769 the approved optional plan and necessary or convenient to place it into full effect.
1770 (2) Adoption of an optional plan changing only the form of county government without
1771 adopting one of the structural forms under Chapter 35b, Part 3, Structural Forms of County
1772 Government, does not alter or affect the boundaries, organization, powers, duties, or functions
1773 of any:
1774 (a) school district;
1775 (b) justice court;
1776 (c) local district under Title 17B, Limited Purpose Local Government Entities - Local
1777 Districts;
1778 (d) special service district under Title [
1779 Service District Act;
1780 (e) city or town; or
1781 (f) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
1782 Cooperation Act.
1783 (3) After the adoption of an optional plan, the county remains vested with all powers
1784 and duties vested generally in counties by statute.
1785 Section 24. Section 17-50-324 is enacted to read:
1786 17-50-324. Preservation of historical areas and sites.
1787 A county may:
1788 (1) expend public funds to preserve, protect, or enhance an historical area or site;
1789 (2) acquire an historical area or site by direct purchase, contract, lease, trade, or gift;
1790 (3) obtain an easement or right-of-way across public or private property to ensure
1791 access or proper development of an historical area or site;
1792 (4) protect an historical area or site;
1793 (5) ensure proper development and utilization of land or an area adjacent to an
1794 historical area or site; and
1795 (6) enter into an agreement with a private individual for the right to purchase an
1796 historical area or site if and when the private individual elects to sell or dispose of the owner's
1797 property.
1798 Section 25. Section 17-53-311 is amended to read:
1799 17-53-311. Contracting for management, maintenance, operation, or construction
1800 of jails.
1801 (1) (a) With the approval of the sheriff, a county executive may contract with private
1802 contractors for management, maintenance, operation, and construction of county jails.
1803 (b) A county executive may include a provision in the contract that allows use of a
1804 building authority created under the provisions of Title [
1805
1806 (c) A county executive may include a provision in the contract that requires that any jail
1807 facility meet any federal, state, or local standards for the construction of jails.
1808 (2) If a county executive contracts only for the management, maintenance, or operation
1809 of a jail, the county executive shall include provisions in the contract that:
1810 (a) require the private contractor to post a performance bond in the amount set by the
1811 county legislative body;
1812 (b) establish training standards that must be met by jail personnel;
1813 (c) require the private contractor to provide and fund training for jail personnel so that
1814 the personnel meet the standards established in the contract and any other federal, state, or local
1815 standards for the operation of jails and the treatment of jail prisoners;
1816 (d) require the private contractor to indemnify the county for errors, omissions,
1817 defalcations, and other activities committed by the private contractor that result in liability to the
1818 county;
1819 (e) require the private contractor to show evidence of liability insurance protecting the
1820 county and its officers, employees, and agents from liability arising from the construction,
1821 operation, or maintenance of the jail, in an amount not less than those specified in Title 63,
1822 Chapter 30d, Governmental Immunity Act of Utah;
1823 (f) require the private contractor to:
1824 (i) receive all prisoners committed to the jail by competent authority; and
1825 (ii) provide them with necessary food, clothing, and bedding in the manner prescribed
1826 by the governing body; and
1827 (g) prohibit the use of inmates by the private contractor for private business purposes of
1828 any kind.
1829 (3) A contractual provision requiring the private contractor to maintain liability
1830 insurance in an amount not less than the liability limits established by Title 63, Chapter 30d,
1831 Governmental Immunity Act of Utah, may not be construed as waiving the limitation on
1832 damages recoverable from a governmental entity or its employees established by that chapter.
1833 Section 26. Section 17B-1-102 is amended to read:
1834 17B-1-102. Definitions.
1835 As used in this title:
1836 (1) "Appointing authority" means the person or body authorized to make an
1837 appointment to the board of trustees.
1838 (2) "Basic local district":
1839 (a) means a local district that is not a [
1840
1841
1842 specialized local district; and
1843 (b) includes an entity that was, under the law in effect before April 30, 2007, created
1844 and operated as a local district, as defined under the law in effect before April 30, 2007.
1845 (3) "Bond" means:
1846 (a) a written obligation to repay borrowed money, whether denominated a bond, note,
1847 warrant, certificate of indebtedness, or otherwise; and
1848 (b) a lease agreement, installment purchase agreement, or other agreement that:
1849 (i) includes an obligation by the district to pay money; and
1850 (ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title
1851 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond
1852 Act.
1853 (4) "Cemetery maintenance district" means a local district that operates under and is
1854 subject to the provisions of this chapter and Chapter 2a, Part 1, Cemetery Maintenance District
1855 Act, including an entity that was created and operated as a cemetery maintenance district under
1856 the law in effect before April 30, 2007.
1857 (5) "Drainage district" means a local district that operates under and is subject to the
1858 provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that
1859 was created and operated as a drainage district under the law in effect before April 30, 2007.
1860 (6) "Facility" or "facilities" includes any structure, building, system, land, water right,
1861 water, or other real or personal property required to provide a service that a local district is
1862 authorized to provide, including any related or appurtenant easement or right-of-way,
1863 improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing.
1864 (7) "Fire protection district" means a local district that operates under and is subject to
1865 the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an
1866 entity that was created and operated as a fire protection district under the law in effect before
1867 April 30, 2007.
1868 (8) "General obligation bond":
1869 (a) means a bond that is directly payable from and secured by ad valorem property taxes
1870 that are:
1871 (i) levied:
1872 (A) by the district that issues the bond; and
1873 (B) on taxable property within the district; and
1874 (ii) in excess of the ad valorem property taxes of the district for the current fiscal year;
1875 and
1876 (b) does not include:
1877 (i) a short-term bond;
1878 (ii) a tax and revenue anticipation bond; or
1879 (iii) a special assessment bond.
1880 (9) "Improvement district" means a local district that operates under and is subject to
1881 the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an
1882 entity that was created and operated as a county improvement district under the law in effect
1883 before April 30, 2007.
1884 (10) "Irrigation district" means a local district that operates under and is subject to the
1885 provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that
1886 was created and operated as an irrigation district under the law in effect before April 30, 2007.
1887 (11) "Local district" means a limited purpose local government entity, as described in
1888 Section 17B-1-103 , that operates under, is subject to, and has the powers set forth in:
1889 (a) this chapter; or
1890 (b) (i) this chapter; and
1891 (ii) (A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
1892 (B) Chapter 2a, Part 2, Drainage District Act;
1893 (C) Chapter 2a, Part 3, Fire Protection District Act;
1894 (D) Chapter 2a, Part 4, Improvement District Act;
1895 (E) Chapter 2a, Part 5, Irrigation District Act;
1896 (F) Chapter 2a, Part 6, Metropolitan Water District Act;
1897 (G) Chapter 2a, Part 7, Mosquito Abatement District Act;
1898 (H) Chapter 2a, Part 8, Public Transit District Act;
1899 (I) Chapter 2a, Part 9, Service Area Act; or
1900 (J) Chapter 2a, Part 10, Water Conservancy District Act.
1901 (12) "Metropolitan water district" means a local district that operates under and is
1902 subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District
1903 Act, including an entity that was created and operated as a metropolitan water district under the
1904 law in effect before April 30, 2007.
1905 (13) "Mosquito abatement district" means a local district that operates under and is
1906 subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District
1907 Act, including an entity that was created and operated as a mosquito abatement district under
1908 the law in effect before April 30, 2007.
1909 (14) "Municipal" means of or relating to a municipality.
1910 (15) "Municipality" means a city or town.
1911 (16) "Person" has the same meaning as defined in Section 68-3-12 .
1912 (17) "Political subdivision" means a county, city, town, local district under this title,
1913 special service district under Title [
1914 District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13,
1915 Interlocal Cooperation Act, or any other governmental entity designated in statute as a political
1916 subdivision of the state.
1917 (18) "Private," with respect to real property, means not owned by the United States or
1918 any agency of the federal government, the state, a county, or a political subdivision.
1919 (19) "Public entity" means:
1920 (a) the United States or an agency of the United States;
1921 (b) the state or an agency of the state;
1922 (c) a political subdivision of the state or an agency of a political subdivision of the state;
1923 (d) another state or an agency of that state; or
1924 (e) a political subdivision of another state or an agency of that political subdivision.
1925 (20) "Public transit district" means a local district that operates under and is subject to
1926 the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an
1927 entity that was created and operated as a public transit district under the law in effect before
1928 April 30, 2007.
1929 (21) "Revenue bond":
1930 (a) means a bond payable from designated taxes or other revenues other than the local
1931 district's ad valorem property taxes; and
1932 (b) does not include:
1933 (i) an obligation constituting an indebtedness within the meaning of an applicable
1934 constitutional or statutory debt limit;
1935 (ii) a tax and revenue anticipation bond; or
1936 (iii) a special assessment bond.
1937 (22) "Service area" means a local district that operates under and is subject to the
1938 provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was
1939 created and operated as a county service area or a regional service area under the law in effect
1940 before April 30, 2007.
1941 (23) "Short-term bond" means a bond that is required to be repaid during the fiscal year
1942 in which the bond is issued.
1943 (24) "Special assessment" means an assessment levied against property to pay all or a
1944 portion of the costs of making improvements that benefit the property.
1945 (25) "Special assessment bond" means a bond payable from special assessments.
1946 (26) "Specialized local district" means a local district that is a cemetery maintenance
1947 district, a drainage district, a fire protection district, an improvement district, an irrigation
1948 district, a metropolitan water district, a mosquito abatement district, a public transit district, a
1949 service area, or a water conservancy district.
1950 [
1951 most recent equalized assessment roll for county purposes.
1952 [
1953 (a) issued in anticipation of the collection of taxes or other revenues or a combination
1954 of taxes and other revenues; and
1955 (b) that matures within the same fiscal year as the fiscal year in which the bond is
1956 issued.
1957 [
1958 [
1959 is subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District
1960 Act, including an entity that was created and operated as a water conservancy district under the
1961 law in effect before April 30, 2007.
1962 [
1963 tunnel, power plant, and any facility, improvement, or property necessary or convenient for
1964 supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes
1965 of a local district.
1966 Section 27. Section 17B-1-103 is amended to read:
1967 17B-1-103. Local district status and powers.
1968 (1) A local district:
1969 (a) is:
1970 (i) a body corporate and politic with perpetual succession;
1971 (ii) a quasi-municipal corporation; and
1972 (iii) a political subdivision of the state; and
1973 (b) may sue and be sued.
1974 (2) A local district may:
1975 (a) acquire, by any lawful means, or lease any real or personal property necessary or
1976 convenient to the full exercise of the district's powers;
1977 (b) acquire, by any lawful means, any interest in real or personal property necessary or
1978 convenient to the full exercise of the district's powers;
1979 (c) transfer an interest in or dispose of any property or interest described in Subsections
1980 (2)(a) and (b);
1981 (d) acquire or construct works, facilities, and improvements necessary or convenient to
1982 the full exercise of the district's powers, and operate, control, maintain, and use those works,
1983 facilities, and improvements;
1984 (e) borrow money and incur indebtedness for any lawful district purpose;
1985 (f) issue bonds, including refunding bonds:
1986 (i) for any lawful district purpose; and
1987 (ii) as provided in and subject to Part [
1988 (g) levy and collect property taxes:
1989 (i) for any lawful district purpose or expenditure, including to cover a deficit resulting
1990 from tax delinquencies in a preceding year; and
1991 (ii) as provided in and subject to Part 10, Local District Property Tax Levy;
1992 (h) as provided in Title 78, Chapter 34, Eminent Domain, acquire by eminent domain
1993 property necessary to the exercise of the district's powers;
1994 (i) invest money as provided in Title 51, Chapter 7, State Money Management Act;
1995 (j) (i) impose fees or other charges for commodities, services, or facilities provided by
1996 the district, to pay some or all of the district's costs of providing the commodities, services, and
1997 facilities, including the costs of:
1998 (A) maintaining and operating the district;
1999 (B) acquiring, purchasing, constructing, improving, or enlarging district facilities;
2000 (C) issuing bonds and paying debt service on district bonds; and
2001 (D) providing a reserve established by the board of trustees; and
2002 (ii) take action the board of trustees considers appropriate and adopt regulations to
2003 assure the collection of all fees and charges that the district imposes;
2004 (k) if applicable, charge and collect a fee to pay for the cost of connecting a customer's
2005 property to district facilities in order for the district to provide service to the property;
2006 (l) enter into a contract that the local district board of trustees considers necessary,
2007 convenient, or desirable to carry out the district's purposes, including a contract:
2008 (i) with the United States or any department or agency of the United States;
2009 (ii) to indemnify and save harmless; or
2010 (iii) to do any act to exercise district powers;
2011 (m) purchase supplies, equipment, and materials;
2012 (n) encumber district property upon terms and conditions that the board of trustees
2013 considers appropriate;
2014 (o) exercise other powers and perform other functions that are provided by law;
2015 (p) construct and maintain works and establish and maintain facilities, including works
2016 or facilities:
2017 (i) across or along any public street or highway, subject to Subsection (3) and if the
2018 district:
2019 (A) promptly restores the street or highway, as much as practicable, to its former state
2020 of usefulness; and
2021 (B) does not use the street or highway in a manner that completely or unnecessarily
2022 impairs the usefulness of it;
2023 (ii) in, upon, or over any vacant public lands that are or become the property of the
2024 state, including school and institutional trust lands, as defined in Section 53C-1-103 , if the
2025 director of the School and Institutional Trust Lands Administration, acting under Sections
2026 53C-1-102 and 53C-1-303 , consents; or
2027 (iii) across any stream of water or watercourse, subject to Section 73-3-29 ;
2028 (q) perform any act or exercise any power reasonably necessary for the efficient
2029 operation of the local district in carrying out its purposes;
2030 (r) designate an assessment area and levy an assessment on land within the assessment
2031 area, as provided in Title 11, Chapter 42, Assessment Area Act;
2032 (s) contract with another political subdivision of the state to allow the other political
2033 subdivision to use the district's surplus water or capacity [
2034 the district's works or facilities, upon the terms and for the consideration, whether monetary or
2035 nonmonetary consideration or no consideration, that the district's board of trustees considers to
2036 be in the best interests of the district and the public; and
2037 (t) [
2038
2039
2040 and for the consideration, whether monetary or nonmonetary consideration or no consideration,
2041 that the district's board of trustees considers to be in the best interests of the district and the
2042 public[
2043 (i) with:
2044 (A) another political subdivision of the state; or
2045 (B) a public or private owner of property:
2046 (I) on which the district has a right-of-way; or
2047 (II) adjacent to which the district owns fee title to property; and
2048 (ii) to allow the use of property:
2049 (A) owned by the district; or
2050 (B) on which the district has a right-of-way.
2051 (3) With respect to a local district's use of a street or highway, as provided in
2052 Subsection (2)(p)(i):
2053 (a) the district shall comply with the reasonable rules and regulations of the
2054 governmental entity, whether state, county, or municipal, with jurisdiction over the street or
2055 highway, concerning:
2056 (i) an excavation and the refilling of an excavation;
2057 (ii) the relaying of pavement; and
2058 (iii) the protection of the public during a construction period; and
2059 (b) the governmental entity, whether state, county, or municipal, with jurisdiction over
2060 the street or highway:
2061 (i) may not require the district to pay a license or permit fee or file a bond; and
2062 (ii) may require the district to pay a reasonable inspection fee.
2063 (4) (a) A local district may:
2064 (i) acquire, lease, or construct and operate electrical generation, transmission, and
2065 distribution facilities, if:
2066 (A) the purpose of the facilities is to harness energy that results inherently from the
2067 district's:
2068 (I) operation of a project or facilities that the district is authorized to operate; or
2069 (II) providing a service that the district is authorized to provide;
2070 (B) the generation of electricity from the facilities is incidental to the primary operations
2071 of the district; and
2072 (C) operation of the facilities will not hinder or interfere with the primary operations of
2073 the district;
2074 (ii) (A) use electricity generated by the facilities; or
2075 (B) subject to Subsection (4)(b), sell electricity generated by the facilities to an electric
2076 utility or municipality with an existing system for distributing electricity.
2077 (b) A district may not act as a retail distributor or seller of electricity.
2078 (c) Revenue that a district receives from the sale of electricity from electrical generation
2079 facilities it owns or operates under this section may be used for any lawful district purpose,
2080 including the payment of bonds issued to pay some or all of the cost of acquiring or
2081 constructing the facilities.
2082 (5) A local district may adopt and, after adoption, alter a corporate seal.
2083 Section 28. Section 17B-1-202 is amended to read:
2084 17B-1-202. Local district may be created -- Services that may be provided --
2085 Limitations.
2086 (1) (a) A local district may be created as provided in this part to provide within its
2087 boundaries service consisting of:
2088 (i) the operation of an airport;
2089 (ii) the operation of a cemetery;
2090 (iii) fire protection, paramedic, and emergency services;
2091 (iv) garbage collection and disposal;
2092 (v) health care, including health department or hospital service;
2093 (vi) the operation of a library;
2094 (vii) abatement or control of mosquitos and other insects;
2095 (viii) the operation of parks or recreation facilities or services;
2096 (ix) the operation of a sewage system;
2097 (x) street lighting;
2098 (xi) the construction and maintenance of curb, gutter, and sidewalk;
2099 (xii) transportation, including public transit and providing streets and roads;
2100 (xiii) the operation of a system, or one or more components of a system, for the
2101 collection, storage, retention, control, conservation, treatment, supplying, distribution, or
2102 reclamation of water, including storm, flood, sewage, irrigation, and culinary water, whether the
2103 system is operated on a wholesale or retail level or both;
2104 (xiv) extended police protection; or
2105 (xv) subject to Subsection (1)(b), the underground installation of an electric utility line
2106 or the conversion to underground of an existing electric utility line.
2107 (b) Each local district that provides the service of the underground installation of an
2108 electric utility line or the conversion to underground of an existing electric utility line shall, in
2109 installing or converting the line, provide advance notice to and coordinate with the utility that
2110 owns the line.
2111 (2) For purposes of this section:
2112 (a) "Operation" means all activities involved in providing the indicated service including
2113 acquisition and ownership of property reasonably necessary to provide the indicated service and
2114 acquisition, construction, and maintenance of facilities and equipment reasonably necessary to
2115 provide the indicated service.
2116 (b) "System" means the aggregate of interrelated components that combine together to
2117 provide the indicated service including, for a sewage system, collection and treatment.
2118 (3) (a) A local district may not be created to provide and may not after its creation
2119 provide more than [
2120 (b) Subsection (3)(a) may not be construed to prohibit a local district from providing
2121 more than [
2122 provide those services.
2123 (4) (a) Except as provided in Subsection (4)(b), a local district may not be created to
2124 provide and may not after its creation provide to an area the same service already being
2125 provided to that area by another political subdivision, unless the other political subdivision gives
2126 its written consent.
2127 (b) For purposes of Subsection (4)(a), a local district does not provide the same service
2128 as another political subdivision if it operates a component of a system that is different from a
2129 component operated by another political subdivision but within the same:
2130 (i) sewage system; or
2131 (ii) water system.
2132 (5) (a) Except for a local district in the creation of which an election is not required
2133 under Subsection 17B-1-214 (3)(c), the area of a local district may include all or part of the
2134 unincorporated area of one or more counties and all or part of one or more municipalities.
2135 (b) The area of a local district need not be contiguous.
2136 (6) For a local district created before May 5, 2008, the authority to provide fire
2137 protection service also includes the authority to provide:
2138 (a) paramedic service; and
2139 (b) emergency service, including hazardous materials response service.
2140 Section 29. Section 17B-1-203 is amended to read:
2141 17B-1-203. Process to initiate the creation of a local district -- Petition or
2142 resolution.
2143 (1) The process to create a local district may be initiated by:
2144 (a) subject to Section 17B-1-204 , a petition signed by the owners of private real
2145 property that:
2146 (i) is located within the proposed local district;
2147 (ii) covers at least 33% of the total private land area within the proposed local district
2148 as a whole and within each applicable area;
2149 (iii) is equal in value to at least 25% of the value of all private real property within the
2150 proposed local district as a whole and within each applicable area; and
2151 (iv) complies with the requirements of Subsection 17B-1-205 (1) and Section
2152 17B-1-208 ;
2153 (b) subject to Section 17B-1-204 , a petition that:
2154 (i) is signed by registered voters residing within the proposed local district as a whole
2155 and within each applicable area, equal in number to at least 33% of the number of votes cast in
2156 the proposed local district as a whole and in each applicable area, respectively, for the office of
2157 governor at the last regular general election prior to the filing of the petition; and
2158 (ii) complies with the requirements of Subsection 17B-1-205 (1) and Section
2159 17B-1-208 ;
2160 (c) a resolution proposing the creation of a local district, adopted by the legislative body
2161 of each county whose unincorporated area includes and each municipality whose boundaries
2162 include any of the proposed local district; or
2163 (d) a resolution proposing the creation of a local district, adopted by the board of
2164 trustees of an existing local district whose boundaries completely encompass the proposed local
2165 district, if:
2166 (i) the proposed local district is being created to provide one or more components of
2167 the same service that the initiating local district is authorized to provide; and
2168 (ii) the initiating local district is not providing to the area of the proposed local district
2169 any of the components that the proposed local district is being created to provide.
2170 (2) (a) Each resolution under Subsection (1)(c) or (d) shall:
2171 (i) describe the area proposed to be included in the proposed local district;
2172 (ii) be accompanied by a map that shows the boundaries of the proposed local district;
2173 (iii) describe the service proposed to be provided by the proposed local district;
2174 (iv) if the resolution proposes the creation of a specialized local district, specify the type
2175 of specialized local district proposed to be created;
2176 [
2177 service;
2178 [
2179 proposed local district;
2180 [
2181 district will have, consistent with the requirements of Subsection 17B-1-302 (2);
2182 [
2183 (A) state whether the members of the board of trustees will be elected or appointed or
2184 whether some members will be elected and some appointed, as provided in Section 17B-1-1402 ;
2185 (B) if one or more members will be elected, state the basis upon which each elected
2186 member will be elected; and
2187 (C) if applicable, explain how the election or appointment of board members will
2188 transition from one method to another based on stated milestones or events, as provided in
2189 Section 17B-1-1402 ;
2190 [
2191 county members, as those terms are defined in Section 17B-2a-404 , are to be elected, state that
2192 those members will be elected; and
2193 [
2194 single county, state whether the initial board of trustees will be:
2195 (A) the county legislative body;
2196 (B) appointed as provided in Section 17B-1-304 ; or
2197 (C) elected as provided in Section 17B-1-306 .
2198 (b) Each county or municipal legislative body adopting a resolution under Subsection
2199 (1)(c) shall, on or before the first public hearing under Section 17B-1-210 , mail or deliver a
2200 copy of the resolution to the responsible body if the county or municipal legislative body's
2201 resolution is one of multiple resolutions adopted by multiple county or municipal legislative
2202 bodies proposing the creation of the same local district.
2203 Section 30. Section 17B-1-205 is amended to read:
2204 17B-1-205. Petition and request requirements -- Withdrawal of signature.
2205 (1) Each petition and request shall:
2206 (a) indicate the typed or printed name and current residence address of each property
2207 owner or registered voter signing the petition;
2208 (b) if it is a property owner request or petition, indicate the address of the property as
2209 to which the owner is signing the request or petition;
2210 (c) describe the entire area of the proposed local district;
2211 (d) be accompanied by a map showing the boundaries of the entire proposed local
2212 district;
2213 (e) specify the service proposed to be provided by the proposed local district;
2214 (f) if the petition or request proposes the creation of a specialized local district, specify
2215 the type of specialized local district proposed to be created;
2216 [
2217 (i) state whether the members of the board of trustees will be elected or appointed or
2218 whether some members will be elected and some appointed, as provided in Section 17B-1-1402 ;
2219 (ii) if one or more members will be elected, state the basis upon which each elected
2220 member will be elected; and
2221 (iii) if applicable, explain how the election or appointment of board members will
2222 transition from one method to another based on stated milestones or events, as provided in
2223 Section 17B-1-1402 ;
2224 [
2225 members, as those terms are defined in Section 17B-2a-404 , are to be elected, state that those
2226 members will be elected; and
2227 [
2228 single county, state whether the initial board of trustees will be:
2229 (i) the county legislative body;
2230 (ii) appointed as provided in Section 17B-1-304 ; or
2231 (iii) elected as provided in Section 17B-1-306 ; and
2232 [
2233 shall be designated as the contact sponsor, with the mailing address and telephone number of
2234 each.
2235 (2) A signer of a request or petition may withdraw or, once withdrawn, reinstate the
2236 signer's signature at any time before the filing of the request or petition by filing a written
2237 withdrawal or reinstatement with:
2238 (a) in the case of a request:
2239 (i) the clerk of the county or the clerk or recorder of the municipality in whose
2240 applicable area the signer's property is located, if the request is a property owner request; or
2241 (ii) the clerk of the county or the clerk or recorder of the municipality in whose
2242 applicable area the signer resides, if the request is a registered voter request; or
2243 (b) in the case of a petition, the responsible clerk.
2244 Section 31. Section 17B-1-215 is amended to read:
2245 17B-1-215. Notice to lieutenant governor -- Certificate of incorporation -- Local
2246 district incorporated as specialized local district or basic local district.
2247 (1) The responsible body shall file a notice with the lieutenant governor within ten days
2248 after:
2249 (a) the canvass of an election under Section 17B-1-214 , if a majority of those voting at
2250 the election within the proposed local district as a whole vote in favor of the creation of a local
2251 district;
2252 (b) certification of a petition as to which the election requirement of Subsection
2253 17B-1-214 (1) does not apply because of Subsection 17B-1-214 (3)(a) or (b); or
2254 (c) adoption of a resolution under Subsection 17B-1-213 (4) approving the creation of a
2255 local district for which an election was not required under Subsection 17B-1-214 (3)(c) or (d),
2256 by the legislative body of each county whose unincorporated area is included within and the
2257 legislative body of each municipality whose area is included within the proposed local district,
2258 or by the board of trustees of the initiating local district.
2259 (2) The area of each local district shall consist of:
2260 (a) if an election was held under Section 17B-1-214 , the area of the new local district as
2261 approved at the election;
2262 (b) if an election was not required because of Subsection 17B-1-214 (3)(a) or (b), the
2263 area of the proposed local district as described in the petition; or
2264 (c) if an election was not required because of Subsection 17B-1-214 (3)(c) or (d), the
2265 area of the new local district as described in the resolution adopted under Subsection
2266 17B-1-213 (4).
2267 (3) In each notice under Subsection (1) the responsible body shall:
2268 (a) if the notice follows an election under Section 17B-1-214 , certify the results of the
2269 election;
2270 (b) describe the boundaries of the new local district with an accurate map or plat
2271 showing the boundaries delineated in Subsection (2), prepared and certified by a licensed
2272 surveyor and filed with the county surveyor in accordance with Section 17-23-17 ; and
2273 (c) certify that all requirements for the creation of a local district have been complied
2274 with.
2275 (4) Upon the lieutenant governor's issuance of the certificate of creation under Section
2276 67-1a-6.5 , the local district is created and incorporated[
2277 (a) the type of specialized local district that was specified in the petition under
2278 Subsection 17B-1-203 (1)(a) or (b) or resolution under Subsection 17B-1-203 (1)(c) or (d), if
2279 the petition or resolution proposed the creation of a specialized local district; or
2280 (b) a basic local district, if the petition or resolution did not propose the creation of a
2281 specialized local district.
2282 Section 32. Section 17B-1-302 is amended to read:
2283 17B-1-302. Board member qualifications -- Number of board members.
2284 (1) (a) Each member of a local district board of trustees shall be:
2285 (i) a registered voter at the location of the member's residence; and
2286 (ii) except as provided in Subsections (1)(b) and (c), a resident within:
2287 (A) the boundaries of the local district; and
2288 (B) if applicable, the boundaries of the division of the local district from which the
2289 member is elected.
2290 (b) (i) As used in this Subsection (1)(b):
2291 (A) "Proportional number" means the number of members of a board of trustees that
2292 bears, as close as mathematically possible, the same proportion to all members of the board that
2293 the number of seasonally occupied homes bears to all residences within the district that receive
2294 service from the district.
2295 (B) "Seasonally occupied home" means a single-family residence:
2296 (I) that is located within the local district;
2297 (II) that receives service from the local district; and
2298 (III) whose owner:
2299 (Aa) does not reside permanently at the residence; and
2300 (Bb) may occupy the residence on a temporary or seasonal basis.
2301 (ii) If over 50% of the residences within a local district that receive service from the
2302 local district are seasonally occupied homes, the requirement under Subsection (1)(a)(ii) is
2303 replaced, for a proportional number of members of the board of trustees, with the requirement
2304 that the member be an owner of land, or an agent or officer of the owner of land, that:
2305 (A) receives service from the district; and
2306 (B) is located within:
2307 (I) the local district; and
2308 (II) if applicable, the division from which the member is elected.
2309 (c) For a board of trustees member in a basic local district that has within its boundaries
2310 fewer than one residential dwelling unit per ten acres of land, the requirement under Subsection
2311 (1)(a)(ii) is replaced with the requirement that the member be an owner of land within the local
2312 district that receives service from the district, or an agent or officer of the owner.
2313 (2) Except as otherwise provided by statute, the number of members of each board of
2314 trustees of a local district shall be an odd number that is no less than three [
2315
2316 (3) For a newly created local district, the number of members of the initial board of
2317 trustees shall be the number specified:
2318 (a) for a local district whose creation was initiated by a petition under Subsection
2319 17B-1-203 (1)(a) or (b), in the petition; or
2320 (b) for a local district whose creation was initiated by a resolution under Subsection
2321 17B-1-203 (1)(c) or (d), in the resolution.
2322 (4) (a) For an existing local district, the number of members of the board of trustees
2323 may be changed by a two-thirds vote of the board of trustees.
2324 (b) No change in the number of members of a board of trustees under Subsection (4)(a)
2325 may:
2326 (i) violate Subsection (2); or
2327 (ii) serve to shorten the term of any member of the board.
2328 Section 33. Section 17B-1-303 is amended to read:
2329 17B-1-303. Term of board of trustees members -- Oath of office -- Bond.
2330 (1) (a) Except as provided in Subsection (1)(b), the term of each member of a board of
2331 trustees shall begin at noon on the [
2332 or appointment.
2333 (b) The term of each member of the initial board of trustees of a newly created local
2334 district shall begin:
2335 (i) upon appointment, for an appointed member; and
2336 (ii) upon the member taking the oath of office after the canvass of the election at which
2337 the member is elected, for an elected member.
2338 (2) (a) (i) Subject to Subsection (2)(a)(ii), the term of each member of a board of
2339 trustees shall be four years, except that approximately half the members of the initial board of
2340 trustees, chosen by lot, shall serve a two-year term so that the term of approximately half the
2341 board members expires every two years.
2342 (ii) (A) If the terms of members of the initial board of trustees of a newly created local
2343 district do not begin on the first Monday of January because of application of Subsection (1)(b),
2344 the terms of those members shall be adjusted as necessary, subject to Subsection (2)(a)(ii)(B),
2345 to result in the terms of their successors complying with:
2346 (I) the requirement under Subsection (1)(a) for a term to begin on the first Monday of
2347 January; and
2348 (II) the requirement under Subsection (2)(a)(i) that terms be four years.
2349 (B) An adjustment under Subsection (2)(a)(ii)(A) may not add more than a year to or
2350 subtract more than a year from a member's term.
2351 (b) Each board of trustees member shall serve until a successor is duly elected or
2352 appointed and qualified, unless the member earlier is removed from office or resigns or
2353 otherwise leaves office.
2354 (c) If a member of a board of trustees no longer meets the qualifications of Subsection
2355 17B-1-302 (1):
2356 (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
2357 (ii) the member may continue to serve until a successor is duly elected or appointed and
2358 qualified.
2359 (3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
2360 shall take the oath of office specified in Utah Constitution Article IV, Section 10.
2361 (ii) An oath of office may be administered by a judge, county clerk, notary public, or the
2362 local district clerk.
2363 (b) Each oath of office shall be filed with the clerk of the local district.
2364 [
2365 Subsection (3)(a) does not invalidate any official act of that member.
2366 (4) A board of trustees member is not limited in the number of terms the member may
2367 serve.
2368 (5) Except as provided in Subsection (6), each midterm vacancy in a board of trustees
2369 position shall be filled as provided in Section 20A-1-512 .
2370 (6) (a) For purposes of this Subsection (6):
2371 (i) "Appointed official" means a person who:
2372 (A) is appointed as a member of a local district board of trustees by a county or
2373 municipality entitled to appoint a member to the board; and
2374 (B) holds an elected position with the appointing county or municipality.
2375 (ii) "Appointing entity" means the county or municipality that appointed the appointed
2376 official to the board of trustees.
2377 (b) The board of trustees shall declare a midterm vacancy for the board position held by
2378 an appointed official if:
2379 (i) during the appointed official's term on the board of trustees, the appointed official
2380 ceases to hold the elected position with the appointing entity; and
2381 (ii) the appointing entity submits a written request to the board to declare the vacancy.
2382 (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
2383 appointing entity shall appoint another person to fill the remaining unexpired term on the board
2384 of trustees.
2385 (7) (a) Each member of a board of trustees shall give a bond for the faithful
2386 performance of the member's duties, in the amount and with the sureties prescribed by the board
2387 of trustees.
2388 (b) The local district shall pay the cost of each bond required under Subsection (7)(a).
2389 Section 34. Section 17B-1-306 is amended to read:
2390 17B-1-306. Local district board -- Election procedures.
2391 (1) Except as provided in Subsection (11), each elected board member shall be selected
2392 as provided in this section.
2393 (2) (a) Each election of a local district board member shall be held:
2394 (i) [
2395 (ii) at polling places designated by the clerk of each county in which the local district is
2396 located.
2397 (b) (i) Subject to Subsections (4)(f) and (g), the number of polling places under
2398 Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one polling
2399 place per division of the district, designated by the district board.
2400 (ii) Each polling place designated by an irrigation district board under Subsection
2401 (2)(b)(i) shall coincide with a polling place designated by the county clerk under Subsection
2402 (2)(a)(ii).
2403 (3) (a) The clerk of each local district with a board member position to be filled at the
2404 next municipal general election shall provide notice of:
2405 (i) each elective position of the local district to be filled at the next municipal general
2406 election;
2407 (ii) the constitutional and statutory qualifications for each position; and
2408 (iii) the dates and times for filing a declaration of candidacy.
2409 (b) The notice required under Subsection (3)(a) shall be:
2410 (i) posted in at least five public places within the local district at least ten days before
2411 the first day for filing a declaration of candidacy; or
2412 (ii) published in a newspaper of general circulation within the local district at least three
2413 but no more than ten days before the first day for filing a declaration of candidacy.
2414 (4) (a) To become a candidate for an elective local district board position, the
2415 prospective candidate shall file a declaration of candidacy in person with the local district,
2416 during office hours and not later than 5 p.m. between July 15 and August 15 of any
2417 odd-numbered year.
2418 (b) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5
2419 p.m. on the following Monday.
2420 (c) (i) Before the filing officer may accept any declaration of candidacy, the filing officer
2421 shall:
2422 (A) read to the prospective candidate the constitutional and statutory qualification
2423 requirements for the office that the candidate is seeking; and
2424 (B) require the candidate to state whether or not the candidate meets those
2425 requirements.
2426 (ii) If the prospective candidate does not meet the qualification requirements for the
2427 office, the filing officer may not accept the declaration of candidacy.
2428 (iii) If it appears that the prospective candidate meets the requirements of candidacy,
2429 the filing officer shall accept the declaration of candidacy.
2430 (d) The declaration of candidacy shall substantially comply with the following form:
2431 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
2432 ____________, City of ________________, County of ________________, State of Utah,
2433 (Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications
2434 for the office of board of trustees member for _______________________ (state the name of
2435 the local district); that I am a candidate for that office to be voted upon at the November
2436 municipal general election to be held on Tuesday, the ______ day of November, ____, and I
2437 hereby request that my name be printed upon the official ballot for that election.
2438 (Signed) _________________________________________
2439 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
2440 of ____________, ____.
2441 (Signed) ________________________
2442 (Clerk or Notary Public)"
2443 (e) Each person wishing to become a valid write-in candidate for an elective local
2444 district board position is governed by Section 20A-9-601 .
2445 (f) If at least one person does not file a declaration of candidacy as required by this
2446 section, a person shall be appointed to fill that board position by following the procedures and
2447 requirements for appointment established in Section 20A-1-512 .
2448 (g) If only one candidate files a declaration of candidacy for a position on the board of
2449 an irrigation district, the board need not hold an election for that position and may appoint that
2450 candidate to the board.
2451 (5) There shall be no primary election.
2452 (6) (a) Except as provided in Subsection (6)(c), the local district clerk shall certify the
2453 candidate names to the clerk of each county in which the local district is located no later than
2454 August 20 of the municipal election year.
2455 (b) (i) Except as provided in Subsection (6)(c), the clerk of each county in which the
2456 local district is located shall coordinate the placement of the name of each candidate for local
2457 district office in the nonpartisan section of the municipal general election ballot with the
2458 municipal election clerk.
2459 (ii) If consolidation of the local district election ballot with the municipal general
2460 election ballot is not feasible, the county clerk shall provide for a separate local district election
2461 ballot to be administered by separate election judges at polling locations designated by the
2462 county clerk in consultation with the local district.
2463 (c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board
2464 of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
2465 (ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall
2466 prescribe the form of the ballot for each board member election.
2467 (B) Each ballot for an election of an irrigation district board member shall be in a
2468 nonpartisan format.
2469 (7) (a) Each voter at an election for a board of trustees member of a local district shall:
2470 (i) be a registered voter within the district, except for an election of:
2471 (A) an irrigation district board of trustees member; or
2472 (B) a basic local district board of trustees member who is elected by property owners;
2473 and
2474 (ii) meet the requirements to vote established by the district.
2475 (b) Each voter may vote for as many candidates as there are offices to be filled.
2476 (c) The candidates who receive the highest number of votes are elected.
2477 (8) Except as otherwise provided by this section, the election of local district board
2478 members is governed by Title 20A, Election Code.
2479 (9) (a) A person elected to serve on a local district board shall serve a four-year term,
2480 beginning at noon on the January 1 after the person's election.
2481 (b) A person elected shall be sworn in as soon as practical after January 1.
2482 (10) (a) Except as provided in Subsection (10)(b), each local district shall reimburse the
2483 county holding an election under this section for the costs of the election attributable to that
2484 local district.
2485 (b) Each irrigation district shall bear its own costs of each election it holds under this
2486 section.
2487 (11) This section does not apply to an improvement district that provides electric or gas
2488 service.
2489 (12) The provisions of Title 20A, Chapter 3, Part 3, Early Voting, do not apply to an
2490 election under this section.
2491 Section 35. Section 17B-1-306.5 , which is renumbered from Section 17B-2a-906 is
2492 renumbered and amended to read:
2493 [
2494 (1) Subject to Subsection (2), the board of trustees of a [
2495 upon a vote of two-thirds of the members of the board, divide the [
2496 into divisions so that some or all of the members of the board of trustees may be elected by
2497 division rather than at large.
2498 (2) Before dividing a [
2499 before changing the boundaries of divisions already established, the board of trustees shall:
2500 (a) prepare a proposal that describes the boundaries of the proposed divisions; and
2501 (b) hold a public hearing at which any interested person may appear and speak for or
2502 against the proposal.
2503 (3) (a) The board of trustees shall review the division boundaries at least every ten
2504 years.
2505 (b) Except for changes in the divisions necessitated by annexations to or withdrawals
2506 from the [
2507 (1) may not be changed more often than every five years.
2508 (c) Changes to the boundaries of divisions already established under Subsection (1) are
2509 not subject to the two-thirds vote requirement of Subsection (1).
2510 Section 36. Section 17B-1-312 is amended to read:
2511 17B-1-312. Training for board members.
2512 (1) Each member of a board of trustees of a local district, elected or appointed on or
2513 after May 3, 1999, should, within one year after taking office, complete the training described in
2514 Subsection (2).
2515 (2) In conjunction with the Utah Association of Special Districts, the state auditor shall:
2516 (a) develop a training curriculum for the members of local district boards; and
2517 (b) with the assistance of other state offices and departments the state auditor considers
2518 appropriate and at times and locations established by the state auditor, carry out the training of
2519 members of local district boards.
2520 (3) (a) A local district board of trustees may compensate each member of the board up
2521 to $100 per day for each day of training described in Subsection (2) that the member completes.
2522 (b) The per diem amount authorized under Subsection (3)(a) is in addition to all other
2523 amounts of compensation and expense reimbursement authorized under this chapter.
2524 (c) A board of trustees may not pay compensation under Subsection (3)(a) to any board
2525 member more than once [
2526 (4) The state auditor shall issue a certificate of completion to each board member that
2527 completes the training described in Subsection (2).
2528 Section 37. Section 17B-1-643 is amended to read:
2529 17B-1-643. Imposing or increasing a fee for service provided by local district.
2530 (1) (a) Before imposing a new fee or increasing an existing fee for a service provided by
2531 a local district, each local district board of trustees shall first hold a public hearing at which any
2532 interested person may speak for or against the proposal to impose a fee or to increase an
2533 existing fee.
2534 (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
2535 no earlier than 6 p.m.
2536 (c) A public hearing required under this Subsection (1) may be combined with a public
2537 hearing on a tentative budget required under Section 17B-1-610 .
2538 (d) Except to the extent that this section imposes more stringent notice requirements,
2539 the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act, in
2540 holding the public hearing under Subsection (1)(a).
2541 (2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
2542 provided in Subsection (2)(b)(i) or (ii).
2543 (b) (i) (A) The notice required under Subsection (2)(a) shall be published in a
2544 newspaper or combination of newspapers of general circulation in the local district, if there is a
2545 newspaper or combination of newspapers of general circulation in the local district.
2546 (B) The notice shall be no less than 1/4 page in size and the type used shall be no
2547 smaller than 18 point, and surrounded by a 1/4-inch border.
2548 (C) The notice may not be placed in that portion of the newspaper where legal notices
2549 and classified advertisements appear.
2550 (D) It is legislative intent that, whenever possible, the advertisement appear in a
2551 newspaper that is published at least one day per week.
2552 (E) It is further the intent of the Legislature that the newspaper or combination of
2553 newspapers selected be of general interest and readership in the local district, and not of limited
2554 subject matter.
2555 (F) The notice shall be run once each week for the two weeks preceding the hearing.
2556 (G) The notice shall state that the local district board intends to impose or increase a fee
2557 for a service provided by the local district and will hold a public hearing on a certain day, time,
2558 and place fixed in the notice, which shall be not less than seven days after the day the first notice
2559 is published, for the purpose of hearing comments regarding the proposed imposition or
2560 increase of a fee and to explain the reasons for the proposed imposition or increase.
2561 (ii) (A) If there is no newspaper or combination of newspapers of general circulation in
2562 the local district, the local district board shall post at least one notice per 1,000 population
2563 within the local district, at places within the local district that are most likely to provide actual
2564 notice to residents within the local district.
2565 (B) Each notice under Subsection (2)(b)(ii)(A) shall comply with Subsection
2566 (2)(b)(i)(G).
2567 (c) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
2568 trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
2569 within the district who:
2570 (A) will be charged the fee for a district service, if the fee is being imposed for the first
2571 time; or
2572 (B) are being charged a fee, if the fee is proposed to be increased.
2573 (ii) Each notice under Subsection (2)(c)(i) shall comply with Subsection (2)(b)(i)(G).
2574 (iii) A notice under Subsection (2)(c)(i) may accompany a district bill for an existing
2575 fee.
2576 (d) If the hearing required under this section is combined with the public hearing
2577 required under Section 17B-1-610 , the notice requirement under this Subsection (2) is satisfied
2578 if a notice that meets the requirements of Subsection (2)(b)(i)(G) is combined with the notice
2579 required under Section 17B-1-609 .
2580 (e) Proof that notice was given as provided in Subsection (2)(b) or (c) is prima facie
2581 evidence that notice was properly given.
2582 (f) If no challenge is made to the notice given of a hearing required by Subsection (1)
2583 within 30 days after the date of the hearing, the notice is considered adequate and proper.
2584 (3) After holding a public hearing under Subsection (1), a local district board may:
2585 (a) impose the new fee or increase the existing fee as proposed;
2586 (b) adjust the amount of the proposed new fee or the increase of the existing fee and
2587 then impose the new fee or increase the existing fee as adjusted; or
2588 (c) decline to impose the new fee or increase the existing fee.
2589 (4) This section applies to each new fee imposed and each increase of an existing fee
2590 that occurs on or after July 1, 1998.
2591 (5) (a) This section does not apply to an impact fee.
2592 (b) The imposition or increase of an impact fee is governed by Title 11, Chapter 36,
2593 Impact Fees Act.
2594 Section 38. Section 17B-1-1002 is amended to read:
2595 17B-1-1002. Limit on local district property tax levy -- Exclusions.
2596 (1) The rate at which a local district levies a property tax for district operation and
2597 maintenance expenses on the taxable value of taxable property within the district may not
2598 exceed:
2599 (a) .0008, for a basic local district;
2600 (b) .0004, for a cemetery maintenance district;
2601 (c) .0004, for a drainage district;
2602 (d) .0008, for a fire protection district;
2603 (e) .0008, for an improvement district;
2604 (f) .0005, for a metropolitan water district;
2605 (g) .0004, for a mosquito abatement district;
2606 (h) .0004, for a public transit district;
2607 (i) (i) .0023, for a service area that:
2608 (A) is located in a county of the first or second class; and
2609 (B) provides fire protection, paramedic, and emergency services; or
2610 (ii) .0014, for each other service area; or
2611 (j) the rates provided in Section 17B-2a-1006 , for a water conservancy district.
2612 (2) Property taxes levied by a local district are excluded from the limit applicable to that
2613 district under Subsection (1) if the taxes are:
2614 (a) levied under Section 17B-1-1103 by a local district, other than a water conservancy
2615 district, to pay principal of and interest on general obligation bonds issued by the district;
2616 (b) levied to pay debt and interest owed to the United States; or
2617 (c) levied to pay assessments or other amounts due to a water users association or other
2618 public cooperative or private entity from which the district procures water.
2619 Section 39. Section 17B-1-1101 is amended to read:
2620 17B-1-1101. Provisions applicable to a local district's issuance of bonds.
2621 Subject to the provisions of this part:
2622 (1) each local district that issues bonds shall:
2623 (a) issue them as provided in, as applicable:
2624 (i) Title 11, Chapter 14, Local Government Bonding Act; [
2625 (ii) Title 11, Chapter 42, Assessment Area Act; and
2626 (b) receive the benefits of Title 11, Chapter 30, Utah Bond Validation Act; and
2627 (2) each local district that issues refunding bonds shall issue them as provided in Title
2628 11, Chapter 27, Utah Refunding Bond Act.
2629 Section 40. Section 17B-1-1103 is amended to read:
2630 17B-1-1103. Levy to pay for general obligation bonds.
2631 (1) (a) If a district has issued general obligation bonds, or expects to have debt service
2632 payments due on general obligation bonds during the current year, the district's board of
2633 trustees may make an annual levy of ad valorem property taxes in order to:
2634 (i) pay the principal of and interest on the general obligation bonds;
2635 (ii) establish a sinking fund for defaults and future debt service on the general obligation
2636 bonds; and
2637 (iii) establish a reserve to secure payment of the general obligation bonds.
2638 (b) A levy under Subsection (1)(a) is:
2639 (i) for a water conservancy district, subject to the limit stated in Section 17B-2a-1006 ;
2640 and
2641 (ii) for each other local district, without limitation as to rate or amount.
2642 (2) (a) Each district that levies a tax under Subsection (1) shall:
2643 (i) levy the tax as a separate and special levy for the specific purposes stated in
2644 Subsection (1); and
2645 (ii) apply the proceeds from the levy solely for the purpose of paying the principal of
2646 and interest on the general obligation bonds, even though the proceeds may be used to establish
2647 or replenish a sinking fund under Subsection (1)[
2648 (1)[
2649 (b) A levy under Subsection (2)(a) is not subject to a priority in favor of a district
2650 obligation in existence at the time the bonds were issued.
2651 Section 41. Section 17B-1-1104 is amended to read:
2652 17B-1-1104. Pledge of revenues to pay for bonds.
2653 Bonds may be payable from and secured by the pledge of all or any specified part of:
2654 (1) the revenues to be derived by the district from providing its services and from the
2655 operation of its facilities and other properties;
2656 (2) sales and use taxes, property taxes, and other taxes;
2657 (3) federal, state, or local grants; [
2658 (4) in the case of special assessment bonds, the special assessments pledged to repay the
2659 special assessment bonds; and
2660 [
2661 Section 42. Section 17B-2a-404 is amended to read:
2662 17B-2a-404. Improvement district board of trustees.
2663 (1) As used in this section:
2664 (a) "County district" means an improvement district that does not include within its
2665 boundaries any territory of a municipality.
2666 (b) "County member" means a member of a board of trustees of a county district.
2667 (c) "Electric district" means an improvement district that was created for the purpose of
2668 providing electric service.
2669 (d) "Included municipality" means a municipality whose boundaries are entirely
2670 contained within but do not coincide with the boundaries of an improvement district.
2671 (e) "Municipal district" means an improvement district whose boundaries coincide with
2672 the boundaries of a single municipality.
2673 (f) "Regular district" means an improvement district that is not a county district, electric
2674 district, or municipal district.
2675 (g) "Remaining area"means the area of a regular district that:
2676 (i) is outside the boundaries of an included municipality; and
2677 (ii) includes the area of an included municipality whose legislative body elects, under
2678 Subsection (4)(a)(i)(B), not to appoint a member to the board of trustees of the regular district.
2679 (h) "Remaining area member" means a member of a board of trustees of a regular
2680 district who is appointed, or, if applicable, elected to represent the remaining area of the district.
2681 (2) The legislative body of the municipality included within a municipal district may:
2682 (a) elect, at the time of the creation of the district, to be the board of trustees of the
2683 district; and
2684 (b) adopt at any time a resolution providing for:
2685 (i) the election of board of trustees members, as provided in Section 17B-1-306 ; or
2686 (ii) the appointment of board of trustees members, as provided in Section 17B-1-304 .
2687 (3) The legislative body of a county whose unincorporated area is partly or completely
2688 within a county district may:
2689 (a) elect, at the time of the creation of the district, to be the board of trustees of the
2690 district; and
2691 (b) adopt at any time a resolution providing for:
2692 (i) the election of board of trustees members, as provided in Section 17B-1-306 ; or
2693 (ii) the appointment of board of trustees members, as provided in Section 17B-1-304 .
2694 (4) (a) (i) [
2695 the legislative body of each included municipality shall each appoint one member to the board of
2696 trustees of a regular district.
2697 [
2698 member to the board under Subsection (4)(a)(i)(A).
2699 [
2700
2701
2702 (b) Except as provided in Subsection (5), the legislative body of each county whose
2703 boundaries include a remaining area shall appoint all other members to the board of trustees of a
2704 regular district.
2705 (5) Each remaining area member of a regular district and each county member of a
2706 county district shall be elected, as provided in Section 17B-1-306 , if:
2707 (a) the petition or resolution initiating the creation of the district provides for remaining
2708 area or county members to be elected;
2709 (b) the district holds an election to approve the district's issuance of bonds;
2710 (c) for a regular district, an included municipality elects, under Subsection (4)(a)(i)(B),
2711 not to appoint a member to the board of trustees; or
2712 (d) (i) at least 90 days before the municipal general election, a petition is filed with the
2713 district's board of trustees requesting remaining area members or county members, as the case
2714 may be, to be elected; and
2715 (ii) the petition is signed by registered voters within the remaining area or county
2716 district, as the case may be, equal in number to at least 10% of the number of registered voters
2717 within the remaining area or county district, respectively, who voted in the last gubernatorial
2718 election.
2719 (6) [
2720 of a regular district shall be:
2721 [
2722 [
2723 [
2724 [
2725 municipalities within the district is even; and
2726 [
2727 [
2728 [
2729 [
2730
2731 [
2732 [
2733
2734 [
2735
2736
2737 (7) (a) Except as provided in Subsection (7)(b), each remaining area member of the
2738 board of trustees of a regular district shall reside within the remaining area.
2739 (b) Notwithstanding Subsection (7)(a), if the population of the remaining area is less
2740 than 5% of the total district population, each remaining area member shall be chosen from the
2741 district at large.
2742 (8) If the election of remaining area or county members of the board of trustees is
2743 required because of a bond election, as provided in Subsection (5)(b):
2744 (a) a person may file a declaration of candidacy if:
2745 (i) the person resides within:
2746 (A) the remaining area, for a regular district; or
2747 (B) the county district, for a county district; and
2748 (ii) otherwise qualifies as a candidate;
2749 (b) the board of trustees shall, if required, provide a ballot separate from the bond
2750 election ballot, containing the names of candidates and blanks in which a voter may write
2751 additional names; and
2752 (c) the election shall otherwise be governed by Title 20A, Election Code.
2753 (9) (a) (i) This Subsection (9) applies to the board of trustees members of an electric
2754 district.
2755 (ii) Subsections (2) through (8) do not apply to an electric district.
2756 (b) The legislative body of the county in which an electric district is located may
2757 appoint the initial board of trustees of the electric district as provided in Section 17B-1-304 .
2758 (c) After the initial board of trustees is appointed as provided in Subsection (9)(b), each
2759 member of the board of trustees of an electric district shall be elected by persons using
2760 electricity from and within the district.
2761 (d) Each member of the board of trustees of an electric district shall be a user of
2762 electricity from the district and, if applicable, the division of the district from which elected.
2763 (e) The board of trustees of an electric district may be elected from geographic divisions
2764 within the district.
2765 (f) A municipality within an electric district is not entitled to automatic representation
2766 on the board of trustees.
2767 Section 43. Section 17B-2a-405 is amended to read:
2768 17B-2a-405. Board of trustees of certain sewer improvement districts.
2769 (1) As used in this section:
2770 (a) "Jurisdictional boundaries" means:
2771 (i) for a qualified county, the boundaries that include:
2772 (A) the area of the unincorporated part of the county that is included within a sewer
2773 improvement district; and
2774 (B) the area of each nonappointing municipality that is included within the sewer
2775 improvement district; and
2776 (ii) for a qualified municipality, the boundaries that include the area of the municipality
2777 that is included within a sewer improvement district.
2778 (b) "Nonappointing municipality" means a municipality that:
2779 (i) is partly included within a sewer improvement district; and
2780 (ii) is not a qualified municipality.
2781 (c) "Qualified county" means a county:
2782 (i) some or all of whose unincorporated area is included within a sewer improvement
2783 district; or
2784 (ii) which includes within its boundaries a nonappointing municipality.
2785 (d) "Qualified county member" means a member of a board of trustees of a sewer
2786 improvement district appointed under Subsection (3)(a)(ii).
2787 (e) "Qualified municipality" means a municipality that is partly or entirely included
2788 within a sewer improvement district that includes:
2789 (i) all of the municipality that is capable of receiving sewage treatment service from the
2790 sewer improvement district; and
2791 (ii) more than half of:
2792 (A) the municipality's land area; or
2793 (B) the assessed value of all private real property within the municipality.
2794 (f) "Qualified municipality member" means a member of a board of trustees of a sewer
2795 improvement district appointed under Subsection (3)(a)(i).
2796 (g) "Sewer improvement district" means an improvement district that:
2797 (i) provides sewage collection, treatment, and disposal service; and
2798 (ii) made an election before 1954 under [
2799 to enable it to continue to appoint its board of trustees members as provided in this section.
2800 (2) (a) Notwithstanding Section 17B-2a-404 , the board of trustees members of a sewer
2801 improvement district shall be appointed as provided in this section.
2802 (b) The board of trustees of a sewer improvement district may revoke the election
2803 under Subsection (1)(d)(ii) and become subject to the provisions of Section 17B-2a-404 only by
2804 the unanimous vote of all members of the sewer improvement district's board of trustees at a
2805 time when there is no vacancy on the board.
2806 (3) (a) The board of trustees of each sewer improvement district shall consist of:
2807 (i) at least one person but not more than three persons appointed by the mayor of each
2808 qualified municipality, with the consent of the legislative body of that municipality; and
2809 (ii) at least one person but not more than three persons appointed by:
2810 (A) the county executive, with the consent of the county legislative body, for a qualified
2811 county operating under a county executive-council form of county government; or
2812 (B) the county legislative body, for each other qualified county.
2813 (b) Each qualified county member appointed under Subsection (3)(a)(ii) shall represent
2814 the area within the jurisdictional boundaries of the qualified county.
2815 (4) Notwithstanding Subsection 17B-1-302 (2), the number of board of trustees
2816 members of a sewer improvement district shall be the number that results from application of
2817 Subsection (3)(a).
2818 (5) Except as provided in this section, an appointment to the board of trustees of a
2819 sewer improvement district is governed by Section 17B-1-304 .
2820 (6) A quorum of a board of trustees of a sewer improvement district consists of
2821 members representing more than 50% of the total number of qualified county and qualified
2822 municipality votes under Subsection (7).
2823 (7) (a) Subject to Subsection (7)(b), each qualified county and each qualified
2824 municipality is entitled to one vote on the board of trustees of a sewer improvement district for
2825 each $10,000,000, or fractional part larger than 1/2 of that amount, of assessed valuation of
2826 private real property taxable for district purposes within the respective jurisdictional boundaries,
2827 as shown by the assessment records of the county and evidenced by a certificate of the county
2828 auditor.
2829 (b) Notwithstanding Subsection (7)(a), each qualified county and each qualified
2830 municipality shall have at least one vote.
2831 (8) If a qualified county or qualified municipality appoints more than one board
2832 member, all the votes to which the qualified county or qualified municipality is entitled under
2833 Subsection (7) for an item of board business shall collectively be cast by a majority of the
2834 qualified county members or qualified municipal members, respectively, present at a meeting of
2835 the board of trustees.
2836 Section 44. Section 17B-2a-406 is amended to read:
2837 17B-2a-406. Improvement districts providing electric service -- Public Service
2838 Commission jurisdiction -- Exceptions.
2839 (1) (a) An improvement district that provides electric service as authorized under
2840 Subsection 17B-2a-403 (1)(a)(iv):
2841 (i) is a public utility and subject to the jurisdiction of the Public Service Commission[
2842 (ii) may include only an area where:
2843 (A) no retail electricity has been provided to commercial, industrial, residential, and
2844 other users of electricity from an investor-owned utility within any part of an area certificated by
2845 the Public Service Commission or an area adjacent to that area, municipal agency, or electric
2846 cooperative within the five years immediately preceding September 1, 1985; and
2847 (B) electric service is provided to at least one user of electricity within the electric
2848 service district as of September 1, 1985; and
2849 (iii) shall have filed an application for certification and received approval by the Public
2850 Service Commission by September 1, 1986.
2851 (b) Nothing in this part may be construed to give the Public Service Commission
2852 jurisdiction over:
2853 (i) an improvement district, other than an improvement district that provides electric
2854 service as authorized under Subsection 17B-2a-403 (1)(a)(iv); or
2855 (ii) a municipality or an association of municipalities organized under Title 11, Chapter
2856 13, Interlocal Cooperation Act.
2857 (c) Before an improvement district providing electric service serves any customer, the
2858 improvement district shall obtain a certificate of public convenience and necessity from the
2859 Public Service Commission.
2860 (2) (a) Section 54-7-12 does not apply to rate changes of an improvement district that
2861 provides electric service as authorized under Subsection 17B-2a-403 (1)(a)(iv) if:
2862 (i) the district is organized for the purpose of distributing electricity to customers within
2863 the boundaries of the district on a not-for-profit basis;
2864 (ii) the schedule of new rates or other change that results in new rates has been
2865 approved by the board of trustees of the district;
2866 (iii) prior to the implementation of any rate increases, the district first holds a public
2867 meeting for all its customers to whom mailed notice of the meeting is sent at least ten days prior
2868 to the meeting; and
2869 (iv) the district has filed the schedule of new rates or other change with the Public
2870 Service Commission.
2871 (b) The Public Service Commission shall make the district's schedule of new rates or
2872 other change available for public inspection.
2873 Section 45. Section 17B-2a-804 is amended to read:
2874 17B-2a-804. Additional public transit district powers.
2875 (1) In addition to the powers conferred on a public transit district under Section
2876 17B-1-103 , a public transit district may:
2877 (a) provide a public transit system for the transportation of passengers and their
2878 incidental baggage;
2879 (b) notwithstanding Subsection 17B-1-103 (2)[
2880 17B-2a-817 , levy and collect property taxes only for the purpose of paying:
2881 (i) principal and interest of bonded indebtedness of the public transit district; or
2882 (ii) a final judgment against the public transit district if:
2883 (A) the amount of the judgment exceeds the amount of any collectable insurance or
2884 indemnity policy; and
2885 (B) the district is required by a final court order to levy a tax to pay the judgment;
2886 (c) insure against:
2887 (i) loss of revenues from damage to or destruction of some or all of a public transit
2888 system from any cause;
2889 (ii) public liability;
2890 (iii) property damage; or
2891 (iv) any other type of event, act, or omission;
2892 (d) acquire, contract for, lease, construct, own, operate, control, or use:
2893 (i) a right-of-way, rail line, monorail, bus line, station, platform, switchyard, terminal,
2894 parking lot, or any other facility necessary or convenient for public transit service; or
2895 (ii) any structure necessary for access by persons and vehicles;
2896 (e) (i) hire, lease, or contract for the supplying or management of a facility, operation,
2897 equipment, service, employee, or management staff of an operator; and
2898 (ii) provide for a sublease or subcontract by the operator upon terms that are in the
2899 public interest;
2900 (f) operate feeder bus lines and other feeder services as necessary;
2901 (g) accept a grant, contribution, or loan, directly through the sale of securities or
2902 equipment trust certificates or otherwise, from the United States, or from a department,
2903 instrumentality, or agency of the United States, to:
2904 (i) establish, finance, construct, improve, maintain, or operate transit facilities and
2905 equipment; or
2906 (ii) study and plan transit facilities in accordance with any legislation passed by
2907 Congress;
2908 (h) cooperate with and enter into an agreement with the state or an agency of the state
2909 to establish transit facilities and equipment or to study or plan transit facilities;
2910 (i) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
2911 to carry out the purposes of the district;
2912 (j) from bond proceeds or any other available funds, reimburse the state or an agency of
2913 the state for an advance or contribution from the state or state agency; and
2914 (k) do anything necessary to avail itself of any aid, assistance, or cooperation available
2915 under federal law, including complying with labor standards and making arrangements for
2916 employees required by the United States or a department, instrumentality, or agency of the
2917 United States.
2918 (2) A public transit district may be funded from any combination of federal, state, or
2919 local funds.
2920 (3) A public transit district may not acquire property by eminent domain.
2921 Section 46. Section 17B-2a-813 is amended to read:
2922 17B-2a-813. Rights, benefits, and protective conditions for employees of a public
2923 transit district -- Strike prohibited -- Employees of an acquired transit system.
2924 (1) The rights, benefits, and other employee protective conditions and remedies of
2925 Section 13(c) of the Urban Mass Transportation Act of 1964, 49 U.S.C. Sec. 5333(b), as
2926 determined by the Secretary of Labor, apply to[
2927 operation of a public transit service or system[
2928 [
2929
2930 (2) (a) Employees of a public transit system established and operated by a public transit
2931 district have the right to:
2932 (i) self-organization;
2933 (ii) form, join, or assist labor organizations; and
2934 (iii) bargain collectively through representatives of their own choosing.
2935 (b) Employees of a public transit district and labor organizations may not join in a strike
2936 against the public transit system operated by the public transit district.
2937 (c) Each public transit district shall:
2938 (i) recognize and bargain exclusively with any labor organization representing a
2939 majority of the district's employees in an appropriate unit with respect to wages, salaries, hours,
2940 working conditions, and welfare, pension, and retirement provisions; and
2941 (ii) upon reaching agreement with the labor organization, enter into and execute a
2942 written contract incorporating the agreement.
2943 (3) If a public transit district acquires an existing public transit system:
2944 (a) all employees of the acquired system who are necessary for the operation of the
2945 acquired system, except executive and administrative officers and employees, shall be:
2946 (i) transferred to and appointed employees of the acquiring public transit district; and
2947 (ii) given sick leave, seniority, vacation, and pension or retirement credits in accordance
2948 with the acquired system's records;
2949 (b) members and beneficiaries of a pension or retirement plan or other program of
2950 benefits that the acquired system has established shall continue to have rights, privileges,
2951 benefits, obligations, and status with respect to that established plan or program; and
2952 (c) the public transit district may establish, amend, or modify, by agreement with
2953 employees or their authorized representatives, the terms, conditions, and provisions of a pension
2954 or retirement plan or of an amendment or modification of a pension or retirement plan.
2955 Section 47. Section 17B-2a-1005 is amended to read:
2956 17B-2a-1005. Water conservancy district board of trustees -- Selection of
2957 members -- Number -- Qualifications -- Terms -- Vacancies -- Surety bonds -- Authority.
2958 (1) (a) Within 45 days after the creation of a water conservancy district as provided in
2959 Section 17B-1-215 , the board of trustees shall be selected as provided in this Subsection (1).
2960 (b) For a district located entirely within the boundaries of a single county, the county
2961 legislative body of that county shall appoint each trustee.
2962 (c) (i) For a district located in more than a single county, the governor, with the consent
2963 of the Senate, shall appoint each trustee from nominees submitted as provided in this Subsection
2964 (1)(c).
2965 (ii) (A) Except as provided in Subsection (1)(c)(ii)(B), in a division composed solely of
2966 municipalities, the legislative body of each municipality within the division shall submit two
2967 nominees per trustee.
2968 (B) Notwithstanding Subsection (1)(c)(ii)(A), the legislative body of a municipality may
2969 submit fewer than two nominees per trustee if the legislative body certifies in writing to the
2970 governor that the legislative body is unable, after reasonably diligent effort, to identify two
2971 nominees who are willing and qualified to serve as trustee.
2972 (iii) (A) Except as provided in Subsection (1)(c)(iii)(B), in all other divisions, the
2973 county legislative body of the county in which the division is located shall submit three
2974 nominees per trustee.
2975 (B) Notwithstanding Subsection (1)(c)(iii)(A), the county legislative body may submit
2976 fewer than three nominees per trustee if the county legislative body certifies in writing to the
2977 governor that the county legislative body is unable, after reasonably diligent effort, to identify
2978 three nominees who are willing and qualified to serve as trustee.
2979 (iv) If a trustee represents a division located in more than one county, the county
2980 legislative bodies of those counties shall collectively compile the list of three nominees.
2981 (v) For purposes of this Subsection (1)(c), a municipality that is located in more than
2982 one county shall be considered to be located in only the county in which more of the municipal
2983 area is located than in any other county.
2984 (d) In districts where substantial water is allocated for irrigated agriculture, one trustee
2985 appointed in that district shall be a person who owns irrigation rights and uses those rights as
2986 part of that person's livelihood.
2987 (2) (a) The board of trustees of a water conservancy district shall consist of:
2988 (i) except as provided in Subsection (2)(a)(ii), not more than 11 persons who are
2989 residents of the district; or
2990 (ii) if the district consists of five or more counties, not more than 21 persons who are
2991 residents of the district.
2992 (b) At least 90 days before expiration of a trustee's term, the board shall[
2993 written notice of the upcoming vacancy and the date when the trustee's term expires to the
2994 county legislative body in single county districts and to the nominating entities and the governor
2995 in all other districts[
2996 [
2997 (c) (i) Upon receipt of the notice of the expiration of a trustee's term or notice of a
2998 vacancy in the office of trustee, the county or municipal legislative body, as the case may be,
2999 shall nominate candidates to fill the unexpired term of office pursuant to Subsection (1).
3000 (ii) If a trustee is to be appointed by the governor and the entity charged with
3001 nominating candidates has not submitted the list of nominees within 90 days after service of the
3002 notice, the governor shall make the appointment from qualified candidates without consultation
3003 with the county or municipal legislative body.
3004 (iii) If the governor fails to appoint, the incumbent shall continue to serve until a
3005 successor is appointed and qualified.
3006 (iv) Appointment by the governor vests in the appointee, upon qualification, the
3007 authority to discharge the duties of trustee, subject only to the consent of the Senate.
3008 (d) Each trustee shall hold office during the term for which appointed and until a
3009 successor is duly appointed and has qualified.
3010 (3) Each trustee shall furnish a corporate surety bond at the expense of the district,
3011 conditioned for the faithful performance of duties as a trustee.
3012 (4) (a) The board of trustees of a water conservancy district may:
3013 (i) make and enforce all reasonable rules and regulations for the management, control,
3014 delivery, use, and distribution of water;
3015 (ii) withhold the delivery of water with respect to which there is a default or
3016 delinquency of payment;
3017 (iii) provide for and declare a forfeiture of the right to the use of water upon the default
3018 or