reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 8 - Public Transit District Act › Section 827 - Integration of public transit services and facilities.

Effective 5/14/2019
17B-2a-827.
Integration of public transit services and facilities.
(1) If a public transit district provides public transit services in an area that is adjacent to or overlaps with an area in which public transit services are also provided by another public transit provider, including a public-private partnership entity, the public transit district and the public transit provider entity shall ensure that:
(a) any public transit facilities of one provider connect with the public transit facilities of the other provider;
(b) the schedules of all relevant public transit providers are coordinated as one public transit system; and
(c)
(i) if both public transit providers collect a fare directly from public transit passengers, an integrated and uniform fare system is implemented across the coordinated public transit system; and
(ii) the revenue generated from the uniform fare system is equitably divided among the public transit providers according to service provided and mileage covered.
(2) A public transit district and a public transit provider, including a public-private partnership entity, may negotiate the ability of one public transit provider to operate on the transit facilities of the other public transit provider.
(3)
(a) The Department of Transportation shall oversee the negotiation, integration, and coordination described in Subsection (1).
(b) For the negotiation, integration, or coordination between a public transit district and a public-private partnership, the oversight described in Subsection (3)(a) applies only to fixed-route bus or rail services.
Enacted by Chapter 479, 2019 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 9 - Service Area Act › Section 902 - Provisions applicable to service areas.

Effective 5/3/2023
Superseded 7/1/2024
17B-2a-902.
Provisions applicable to service areas.
(1) Each service area is governed by and has the powers stated in:
(a) this part; and
(b) except as provided in Subsection (5), Chapter 1, Provisions Applicable to All Special Districts.
(2) This part applies only to service areas.
(3) A service area is not subject to the provisions of any other part of this chapter.
(4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All Special Districts, and a provision in this part, the provision in this part governs.
(5)
(a) Except as provided in Subsection (5)(b), on or after December 31, 2012, a service area may not charge or collect a fee under Section 17B-1-643 for:
(i) law enforcement services;
(ii) fire protection services;
(iii) 911 ambulance or paramedic services as defined in Section 26B-4-101 that are provided under a contract in accordance with Section 26B-4-156; or
(iv) emergency services.
(b) Subsection (5)(a) does not apply to:
(i) a fee charged or collected on an individual basis rather than a general basis;
(ii) a non-911 service as defined in Section 26B-4-101 that is provided under a contract in accordance with Section 26B-4-156;
(iii) an impact fee charged or collected for a public safety facility as defined in Section 11-36a-102; or
(iv) a service area that includes within the boundary of the service area a county of the fifth or sixth class.
Amended by Chapter 15, 2023 General Session
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 9 - Service Area Act › Section 902 - Provisions applicable to service areas.

Effective 7/1/2024
17B-2a-902.
Provisions applicable to service areas.
(1) Each service area is governed by and has the powers stated in:
(a) this part; and
(b) except as provided in Subsection (5), Chapter 1, Provisions Applicable to All Special Districts.
(2) This part applies only to service areas.
(3) A service area is not subject to the provisions of any other part of this chapter.
(4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All Special Districts, and a provision in this part, the provision in this part governs.
(5)
(a) Except as provided in Subsection (5)(b), on or after December 31, 2012, a service area may not charge or collect a fee under Section 17B-1-643 for:
(i) law enforcement services;
(ii) fire protection services;
(iii) 911 ambulance or paramedic services as defined in Section 53-2d-101 that are provided under a contract in accordance with Section 53-2d-505.2; or
(iv) emergency services.
(b) Subsection (5)(a) does not apply to:
(i) a fee charged or collected on an individual basis rather than a general basis;
(ii) a non-911 service as defined in Section 53-2d-101 that is provided under a contract in accordance with Section 53-2d-505.2;
(iii) an impact fee charged or collected for a public safety facility as defined in Section 11-36a-102; or
(iv) a service area that includes within the boundary of the service area a county of the fifth or sixth class.
Amended by Chapter 15, 2023 General Session
Amended by Chapter 310, 2023 General Session
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 9 - Service Area Act › Section 903 - Additional service area powers -- Property tax limitation for service area providing law enforcement service.

Effective 2/27/2023
17B-2a-903.
Additional service area powers -- Property tax limitation for service area providing law enforcement service.
(1) In addition to the powers conferred on a service area under Section 17B-1-103, a service area:
(a) may issue bonds as provided in and subject to Chapter 1, Part 11, Special District Bonds, to carry out the purposes of the district;
(b) that, until April 30, 2007, was a regional service area, may provide park, recreation, or parkway services, or any combination of those services; and
(c) may, with the consent of the county in which the service area is located, provide planning and zoning service.
(2) A service area that provides law enforcement service may not levy a property tax or increase its certified tax rate, as defined in Section 59-2-924, without the prior approval of:
(a)
(i) the legislative body of each municipality that is partly or entirely within the boundary of the service area; and
(ii) the legislative body of the county with an unincorporated area within the boundary of the service area; or
(b)
(i) a majority of the legislative bodies of all municipalities that are partly or entirely within the boundary of the service area; and
(ii) two-thirds of the legislative body of the county with an unincorporated area within the boundary of the service area.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 9 - Service Area Act › Section 904 - Regional service areas to become service areas -- Change from regional service area to service area not to affect rights, obligations, board makeup, or property of former regional service area.

Effective 2/27/2023
17B-2a-904.
Regional service areas to become service areas -- Change from regional service area to service area not to affect rights, obligations, board makeup, or property of former regional service area.
(1) Each regional service area, created and operating under the law in effect before April 30, 2007, becomes on that date a service area, governed by and subject to Chapter 1, Provisions Applicable to All Special Districts, and this part.
(2) The change of an entity from a regional service area to a service area under Subsection (1) does not affect:
(a) the entity's basic structure and operations or its nature as a body corporate and politic and a political subdivision of the state;
(b) the ability of the entity to provide the service that the entity:
(i) was authorized to provide before the change; and
(ii) provided before the change;
(c) the validity of the actions taken, bonds issued, or contracts or other obligations entered into by the entity before the change;
(d) the ability of the entity to continue to impose and collect taxes, fees, and other charges for the service it provides;
(e) the makeup of the board of trustees;
(f) the entity's ownership of property acquired before the change; or
(g) any other powers, rights, or obligations that the entity had before the change, except as modified by this part.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 9 - Service Area Act › Section 907 - Adding a new service within a service area.

Effective 2/27/2023
17B-2a-907.
Adding a new service within a service area.
A service area may begin to provide within the boundaries of the service area a service that it had not previously provided by using the procedures set forth in Chapter 1, Part 2, Creation of Special District, for the creation of a service area as though a new service area were being created to provide that service.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 10 - Water Conservancy District Act › Section 1002 - Legislative intent -- Purpose of water conservancy districts.

17B-2a-1002.
Legislative intent -- Purpose of water conservancy districts.
(1) It is the intent of the Legislature and the policy of the state to:
(a) provide for the conservation and development of the water and land resources of the state;
(b) provide for the greatest beneficial use of water within the state;
(c) control and make use of all unappropriated waters in the state and to apply those waters to direct and supplemental beneficial uses including domestic, manufacturing, irrigation, and power;
(d) obtain from water in the state the highest duty for domestic uses and irrigation of lands in the state within the terms of applicable interstate compacts and other law;
(e) cooperate with the United States and its agencies under federal reclamation or other laws and to construct, finance, operate, and maintain works in the state; and
(f) promote the greater prosperity and general welfare of the people of the state by encouraging the organization of water conservancy districts.
(2) The creation and operation of water conservancy districts are a public use to help accomplish the intent and policy stated in Subsection (1) and will:
(a) be essentially for the benefit and advantage of the people of the state;
(b) indirectly benefit all industries of the state;
(c) indirectly benefit the state by increasing the value of taxable property in the state;
(d) directly benefit municipalities by providing adequate supplies of water for domestic use;
(e) directly benefit lands to be irrigated or drained;
(f) directly benefit lands now under irrigation by stabilizing the flow of water in streams and by increasing flow and return flow of water to those streams; and
(g) promote the comfort, safety, and welfare of the people of the state.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 10 - Water Conservancy District Act › Section 1003 - Provisions applicable to water conservancy districts.

Effective 2/27/2023
17B-2a-1003.
Provisions applicable to water conservancy districts.
(1) Each water conservancy district is governed by and has the powers stated in:
(a) this part; and
(b)Chapter 1, Provisions Applicable to All Special Districts.
(2) This part applies only to water conservancy districts.
(3) A water conservancy district is not subject to the provisions of any other part of this chapter.
(4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All Special Districts, and a provision in this part, the provision in this part governs.
(5) Before September 30, 2019, a water conservancy district shall submit a written report to the Revenue and Taxation Interim Committee that describes, for the water conservancy district's fiscal year that ended in 2018, the percentage and amount of revenue in the water conservancy district from:
(a) property taxes;
(b) water rates; and
(c) all other sources.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 10 - Water Conservancy District Act › Section 1006 - Limits on water conservancy district property tax levy -- Additional levy.

17B-2a-1006.
Limits on water conservancy district property tax levy -- Additional levy.
(1) Except as provided in Subsection (2), and subject to Subsection (3) and Section 17B-2a-1009, the property tax levy of a water conservancy district for all purposes may not exceed:
(a) .0001 per dollar of taxable value of taxable property in the district, before the earliest of:
(i) the planning or design of works;
(ii) the acquisition of the site or right-of-way on which the works will be constructed; or
(iii) the commencement of construction of the works; and
(b) .0002 per dollar of taxable value of taxable property in the district, after the earliest of the events listed in Subsection (1)(a).
(2) Subject to Subsection (3) and Section 17B-2a-1009:
(a) in a district that contains land located within the Lower Colorado River Basin, the levy after the earliest of the events listed in Subsection (1)(a) may be increased to a maximum of .001 per dollar of taxable value of taxable property in the district; and
(b) in a district to be served under a contract, water appropriation, water allotment, or otherwise by water apportioned by the Colorado River Compact to the Upper Basin, the levy after the earliest of the events listed in Subsection (1)(a) may be increased to a maximum of .0004 per dollar of taxable value of taxable property.
(3) A water conservancy district may impose an additional property tax levy, not to exceed .0001 per dollar of taxable value of taxable property in the district, if the additional levy is necessary to provide adequate funds to pay maturing bonds or other debts of the district.
Amended by Chapter 159, 2010 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 10 - Water Conservancy District Act › Section 1008 - Subdistricts to become water conservancy districts.

17B-2a-1008.
Subdistricts to become water conservancy districts.
Each water conservancy subdistrict, created and operating under the law in effect before April 30, 2007 and existing on April 30, 2007, shall, on that date, become a water conservancy district.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 10 - Water Conservancy District Act › Section 1009 - Limit on property tax authority -- Exceptions.

Effective 1/1/2018
17B-2a-1009.
Limit on property tax authority -- Exceptions.
(1) As used in this section:
(a) "Appointed board of trustees" means a board of trustees of a water conservancy district that includes a member who is appointed to the board of trustees in accordance with this part.
(b) "Elected board of trustees" means a board of trustees of a water conservancy district that consists entirely of members who are elected to the board of trustees in accordance with this part.
(2)
(a) For a taxable year beginning on or after January 1, 2018, a water conservancy district may not collect property tax revenue that would exceed the certified tax rate under Section 59-2-924 unless the proposed tax levy has been previously approved by:
(i) an elected board of trustees;
(ii) subject to Subsection (2)(b), an appointed board of trustees;
(iii) a majority of the water conservancy district voters who vote in an election held for that purpose on a date specified in Section 20A-1-204; or
(iv) for a district described in Subsection 17B-2a-1005(2)(b), the appointing authority.
(b) For a water conservancy district with an appointed board of trustees, each appointed member of the board of trustees shall comply with the trustee reporting requirements described in Section 17B-1-1003 before the water conservancy district may impose a property tax levy that exceeds the certified tax rate.
Amended by Chapter 112, 2017 General Session
Amended by Chapter 418, 2017 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 11 - Municipal Services District Act › Section 1101 - Title.

Effective 5/13/2014
17B-2a-1101.
Title.
This part is known as the "Municipal Services District Act."
Enacted by Chapter 405, 2014 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 11 - Municipal Services District Act › Section 1102 - Definitions.

Effective 2/27/2023
17B-2a-1102.
Definitions.
As used in this part:
(1) "Municipal services" means one or more of the services identified in Section 17-34-1, 17-36-3, or 17B-1-202.
(2) "Metro township" means:
(a) a metro township for which the electors at an election under Section 10-2a-404 chose a metro township that is included in a municipal services district; or
(b) a metro township that subsequently joins a municipal services district.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 11 - Municipal Services District Act › Section 1103 - Limited to counties of the first class -- Provisions applicable to municipal services districts.

Effective 5/12/2015
17B-2a-1103.
Limited to counties of the first class -- Provisions applicable to municipal services districts.
(1)
(a) Except as provided in Subsection (1)(b) and Section 17B-2a-1110, a municipal services district may be created only in unincorporated areas in a county of the first class.
(b) Subject to Subsection (1)(c), after the initial creation of a municipal services district, an area may be annexed into the municipal services district in accordance with Chapter 1, Part 4, Annexation, whether that area is unincorporated or incorporated.
(c) An area annexed under Subsection (1)(b) may not be located outside of the originating county of the first class.
(2) Each municipal services district is governed by the powers stated in:
(a) this part; and
(b)Chapter 1, Provisions Applicable to All Special Districts.
(3) This part applies only to a municipal services district.
(4) A municipal services district is not subject to the provisions of any other part of this chapter.
(5) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All Special Districts, and a provision in this part, the provisions in this part govern.
Amended by Chapter 352, 2015 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 11 - Municipal Services District Act › Section 1104 - Additional municipal services district powers.

Effective 2/27/2023
17B-2a-1104.
Additional municipal services district powers.
In addition to the powers conferred on a municipal services district under Section 17B-1-103, a municipal services district may:
(1) notwithstanding Subsection 17B-1-202(3), provide no more than six municipal services;
(2) assist a municipality or a county located within a municipal services district by providing staffing and administrative services, including:
(a) human resources staffing and services;
(b) finance and budgeting staffing and services; and
(c) information technology staffing and services; and
(3) issue bonds as provided in and subject to Chapter 1, Part 11, Special District Bonds, to carry out the purposes of the district.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 11 - Municipal Services District Act › Section 1105 - Creation of municipal services district.

Effective 5/13/2014
17B-2a-1105.
Creation of municipal services district.
(1) Notwithstanding any other provision of law, the process to create a municipal services district is initiated by a resolution proposing the creation of the municipal services district, adopted by the legislative body of the county whose unincorporated area includes any of the proposed municipal services district.
(2) The resolution described in Subsection (1) shall comply, as applicable, with the provisions of Subsection 17B-1-203(2)(a).
(3) The legislative body shall comply with the requirements of Sections 17B-1-210 through 17B-1-212.
Enacted by Chapter 405, 2014 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 11 - Municipal Services District Act › Section 1106 - Municipal services district board of trustees -- Governance.

Effective 2/27/2023
17B-2a-1106.
Municipal services district board of trustees -- Governance.
(1) Notwithstanding any other provision of law regarding the membership of a special district board of trustees, the initial board of trustees of a municipal services district shall consist of the county legislative body.
(2)
(a) If, after the initial creation of a municipal services district, an area within the district is incorporated as a municipality as defined in Section 10-1-104 and the area is not withdrawn from the district in accordance with Section 17B-1-502 or 17B-1-505, or an area within the municipality is annexed into the municipal services district in accordance with Section 17B-2a-1103, the district's board of trustees shall be as follows:
(i) subject to Subsection (2)(b), a member of that municipality's governing body;
(ii) one member of the county council of the county in which the municipal services district is located; and
(iii) the total number of board members is not required to be an odd number.
(b) A member described in Subsection (2)(a)(i) shall be:
(i) for a municipality other than a metro township, designated by the municipal legislative body; and
(ii) for a metro township, the mayor of the metro township or, during any period of time when the mayor is absent, unable, or refuses to act, the mayor pro tempore that the metro township council elects in accordance with Subsection 10-3b-503(4).
(3) For a board of trustees described in Subsection (2), each board member's vote is weighted using the proportion of the municipal services district population that resides:
(a) for each member described in Subsection (2)(a)(i), within that member's municipality; and
(b) for the member described in Subsection (2)(a)(ii), within the unincorporated county.
(4) The board may adopt a resolution providing for future board members to be appointed, as provided in Section 17B-1-304, or elected, as provided in Section 17B-1-306.
(5) Notwithstanding Subsections 17B-1-309(1) or 17B-1-310(1), the board of trustees may adopt a resolution to determine the internal governance of the board.
(6) The municipal services district and the county may enter into an agreement for the provision of legal services to the municipal services district.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 11 - Municipal Services District Act › Section 1107 - Exclusion of rural real property.

Effective 5/12/2015
17B-2a-1107.
Exclusion of rural real property.
(1) As used in this section, "rural real property" means an area:
(a) zoned primarily for manufacturing, commercial, or agricultural purposes; and
(b) that does not include residential units with a density greater than one unit per acre.
(2) Unless an owner gives written consent, rural real property may not be included in a municipal services district if the rural real property:
(a) consists of 1,500 or more contiguous acres of rural real property consisting of one or more tax parcels;
(b) is not contiguous to but is used in connection with rural real property that consists of 1,500 acres or more contiguous acres of real property consisting of one or more tax parcels;
(c) is owned, managed, or controlled by a person, company, or association, including a parent, subsidiary, or affiliate related to the owner of 1,500 or more contiguous acres of rural real property consisting of one or more tax parcels; or
(d) is located in whole or in part in one of the following as defined in Section 17-41-101:
(i) an agricultural protection area;
(ii) a mining protection area; or
(iii) an industrial protection area.
(3)
(a) Subject to Subsection (3)(b), an owner of rural real property may withdraw consent to inclusion in a municipal services district at any time.
(b) An owner may withdraw consent by submitting a written and signed request to the municipal services district board of trustees that:
(i) identifies and describes the rural real property to be withdrawn; and
(ii) requests that the rural real property be withdrawn.
(c)
(i) No later than 30 days after the day on which the municipal services district board of trustees receives a request that complies with Subsection (3)(b), the board shall adopt a resolution withdrawing the rural real property as identified and described in the request.
(ii) The rural real property is withdrawn from and no longer in the jurisdiction of the municipal services district upon adoption of the resolution.
Amended by Chapter 352, 2015 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 11 - Municipal Services District Act › Section 1108 - Municipality required to remit local option sales and use tax.

Effective 3/14/2017
17B-2a-1108.
Municipality required to remit local option sales and use tax.
(1)
(a) A municipality located in whole or in part within a municipal services district shall remit to the municipal services district:
(i) an amount equal to the amount the municipality receives under Title 59, Chapter 12, Part 2, Local Sales and Use Tax Act; and
(ii) an amount equal to the amount of transportation funds the municipality receives under Section 72-2-108.
(b) The municipality shall remit to the municipal services district the amounts required in Subsection (1)(a) within 30 days after the day on which the municipality receives the funds identified in Subsections (1)(a)(i) and (1)(a)(ii).
(2) For purposes of Subsection (1)(a)(i), the amount of local sales tax a municipality is required to remit to a municipal services district is an amount:
(a) determined after subtracting amounts required under Title 59, Chapter 12, Part 2, Local Sales and Use Tax Act, to be deducted from the amount a municipality would otherwise receive under Title 59, Chapter 12, Part 2, Local Sales and Use Tax Act; and
(b) representative of only those taxes collected in the area of the municipality that is also located within the municipal services district.
(3) For purposes of Subsection (1)(a)(ii), the amount of transportation funds a municipality is required to remit to a municipal services district is an amount equal to the amount of class B and class C road miles in that part of the municipality located within the municipal services district divided by the total class B and class C road miles in the municipality.
(4) If the municipal legislative body of a municipality located in whole or in part within a municipal services district adopts and delivers a resolution to withdraw in accordance with Subsection 17B-1-502(3)(a)(iii), the municipality shall only remit to the municipal services district the amounts described in Subsection (1) that relate to the period that the municipality is in the municipal services district, regardless of when the municipality receives those amounts.
Amended by Chapter 13, 2017 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 11 - Municipal Services District Act › Section 1109 - Counties and municipalities authorized to provide funds to a municipal services district.

Effective 5/14/2019
17B-2a-1109.
Counties and municipalities authorized to provide funds to a municipal services district.
(1) A county or, subject to Section 17B-2a-1108, a municipality involved in the establishment or operation of a municipal services district may fund the operation and maintenance of the district through the sharing of sales tax and other revenue for district purposes.
(2) A municipal services district may use sales tax or other revenue that the district receives from a county or a municipality under Subsection (1) to fund expenses and activities of a county or municipality that is part of the district.
Amended by Chapter 37, 2019 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 11 - Municipal Services District Act › Section 1111 - Withdrawal of a municipality that changes form of government.

Effective 5/10/2016
17B-2a-1111.
Withdrawal of a municipality that changes form of government.
If a municipality after the 180-day period described in Subsection 17B-1-502(3)(a)(iii)(B) changes form of government in accordance with Title 10, Chapter 3b, Part 6, Changing to Another Form of Municipal Government, the municipality under the new form of government may withdraw from a municipal services district only in accordance with the provisions of Section 17B-1-505.
Amended by Chapter 176, 2016 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 11 - Municipal Services District Act › Section 1112 - Audit.

Effective 5/12/2015
17B-2a-1112.
Audit.
The board of trustees shall provide a copy of an accounting report, as defined in Section 51-2a-102, to each political subdivision that is provided municipal services by the municipal services district that is filed with the state auditor on behalf of the municipal services district in accordance with Section 51-2a-203.
Enacted by Chapter 352, 2015 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 1 - General Provisions › Section 101 - Title.

Effective 5/10/2016
17C-1-101.
Title.
(1) This title is known as the "Limited Purpose Local Government Entities - Community Reinvestment Agency Act."
(2) This chapter is known as "Agency Operations."
(3) This part is known as "General Provisions."
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 1 - General Provisions › Section 102.5 - Project area created on or after May 10, 2016.

Effective 5/10/2016
17C-1-102.5.
Project area created on or after May 10, 2016.
Beginning on May 10, 2016, an agency:
(1) may create a community reinvestment project area under Chapter 5, Community Reinvestment;
(2) except as provided in Subsection (3), may not create:
(a) an urban renewal project area under Chapter 2, Urban Renewal;
(b) an economic development project area under Chapter 3, Economic Development; or
(c) a community development project area under Chapter 4, Community Development; and
(3) may create an urban renewal project area, an economic development project area, or a community development project area if:
(a) before April 1, 2016, the agency adopts a resolution in accordance with:
(i) Section 17C-2-101.5 for an urban renewal project area;
(ii) Section 17C-3-101.5 for an economic development project area; or
(iii) Section 17C-4-101.5 for a community development project area; and
(b) the urban renewal project area, economic development project area, or community development project area is effective before September 1, 2016.
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 1 - General Provisions › Section 103 - Limitations on applicability of title -- Amendment of previously adopted project area plan.

Effective 5/14/2019
17C-1-103.
Limitations on applicability of title -- Amendment of previously adopted project area plan.
(1) Except where expressly provided, nothing in this title may be construed to:
(a) impose a requirement or obligation on an agency, with respect to a project area plan adopted or an agency action taken, that was not imposed by the law in effect at the time the project area plan was adopted or the action taken;
(b) prohibit an agency from taking an action that:
(i) was allowed by the law in effect immediately before an applicable amendment to this title;
(ii) is permitted or required under the project area plan adopted before the amendment; and
(iii) is not explicitly prohibited under this title;
(c) revive any right to challenge any action of the agency that had already expired; or
(d) require a project area plan to contain a provision that was not required by the law in effect at the time the project area plan was adopted.
(2)
(a) A project area plan adopted before an amendment to this title becomes effective may be amended as provided in this title.
(b) Unless explicitly prohibited by this title, an amendment under Subsection (2)(a) may include a provision that is allowed under this title but that was not required or allowed by the law in effect before the applicable amendment.
(3) Except as expressly provided in this title, this title applies to all project areas, regardless of when the project area was created.
Amended by Chapter 480, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 1 - General Provisions › Section 104 - Actions not subject to land use laws.

Effective 5/9/2017
17C-1-104.
Actions not subject to land use laws.
(1) An action taken under this title is not subject to Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act or Title 17, Chapter 27a, County Land Use, Development, and Management Act.
(2) An ordinance or resolution adopted under this title is not a land use regulation as defined in Sections 10-9a-103 and 17-27a-103.
Amended by Chapter 84, 2017 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 2 - Agency Creation, Powers, and Board › Section 201.1 - Title.

Effective 5/10/2016
17C-1-201.1.
Title.
This part is known as "Agency Creation, Powers, and Board."
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 2 - Agency Creation, Powers, and Board › Section 201.5 - Creation of agency -- Name change.

Effective 5/10/2016
17C-1-201.5.
Creation of agency -- Name change.
(1) A community legislative body may, by ordinance, create a community reinvestment agency.
(2)
(a) The community legislative body shall:
(i) after adopting an ordinance under Subsection (1), file with the lieutenant governor a copy of a notice, subject to Subsection (2)(b), of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
(ii) upon the lieutenant governor's issuance of a certificate of creation under Section 67-1a-6.5, submit to the recorder of the county in which the agency is located:
(A) the original notice of an impending boundary action;
(B) the original certificate of creation; and
(C) a certified copy of the ordinance approving the creation of the community reinvestment agency.
(b) The notice required under Subsection (2)(a)(i) shall state that the agency's boundaries are, and shall always be, coterminous with the boundaries of the community that created the agency.
(c) Upon the lieutenant governor's issuance of the certificate of creation under Section 67-1a-6.5, the agency is created and incorporated.
(d) Until the documents listed in Subsection (2)(a)(ii) are recorded in the office of the recorder of the county in which the agency is located, an agency may not receive or spend agency funds.
(3)
(a) An agency may change the agency's name by:
(i) adopting a resolution approving a name change; and
(ii) filing with the lieutenant governor a copy of a notice of an impending name change, as defined in Section 67-1a-6.7, that meets the requirements of Subsection 67-1a-6.7(3).
(b)
(i) Upon the lieutenant governor's issuance of a certificate of name change under Section 67-1a-6.7, the agency shall file with the recorder of the county in which the agency is located:
(A) the original notice of an impending name change;
(B) the original certificate of name change; and
(C) a certified copy of the resolution approving a name change.
(ii) Until the documents listed in Subsection (3)(b)(i) are recorded in the office of the county recorder, the agency may not operate under the new name.
Renumbered and Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 2 - Agency Creation, Powers, and Board › Section 202 - Agency powers.

Effective 5/5/2021
17C-1-202.
Agency powers.
(1) An agency may:
(a) sue and be sued;
(b) enter into contracts generally;
(c) buy, obtain an option upon, acquire by gift, or otherwise acquire any interest in real or personal property;
(d) hold, sell, convey, grant, gift, or otherwise dispose of any interest in real or personal property;
(e) own, hold, maintain, utilize, manage, or operate real or personal property, which may include the use of agency funds or the collection of revenue;
(f) enter into a lease agreement on real or personal property, either as lessee or lessor;
(g) provide for project area development as provided in this title;
(h) receive and use agency funds as provided in this title;
(i) if disposing of or leasing land, retain controls or establish restrictions and covenants running with the land consistent with the project area plan;
(j) accept financial or other assistance from any public or private source for the agency's activities, powers, and duties, and expend any funds the agency receives for any purpose described in this title;
(k) borrow money or accept financial or other assistance from a public entity or any other source for any of the purposes of this title and comply with any conditions of any loan or assistance;
(l) issue bonds to finance the undertaking of any project area development or for any of the agency's other purposes, including:
(i) reimbursing an advance made by the agency or by a public entity to the agency;
(ii) refunding bonds to pay or retire bonds previously issued by the agency; and
(iii) refunding bonds to pay or retire bonds previously issued by the community that created the agency for expenses associated with project area development;
(m) pay an impact fee, exaction, or other fee imposed by a community in connection with land development;
(n) subject to Part 10, Agency Taxing Authority, levy a property tax; or
(o) transact other business and exercise all other powers described in this title.
(2) The establishment of controls or restrictions and covenants under Subsection (1)(i) is a public purpose.
(3) An agency may acquire real property under Subsection (1)(c) that is outside a project area only if the board determines that the property will benefit a project area.
(4) An agency is not subject to Section 10-8-2 or 17-50-312.
Amended by Chapter 214, 2021 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 2 - Agency Creation, Powers, and Board › Section 203 - Agency board -- Quorum.

Effective 3/15/2018
17C-1-203.
Agency board -- Quorum.
(1) The governing body of an agency is a board consisting of the current members of the community legislative body.
(2) A majority of board members constitutes a quorum for the transaction of agency business.
(3) A board may not adopt a resolution, pass a motion, or take any other official board action without the concurrence of at least a majority of the board members present at a meeting at which a quorum is present.
(4)
(a) The mayor or the mayor's designee of a municipality operating under a council-mayor form of government, as defined in Section 10-3b-102:
(i) serves as the executive director of an agency created by the municipality; and
(ii) exercises the agency's executive powers.
(b) The county executive or the county executive's designee of a county operating under a county executive-council form of government, as described in Section 17-52a-203:
(i) serves as the executive director of an agency created by the county; and
(ii) exercises the agency's executive powers.
Amended by Chapter 68, 2018 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 2 - Agency Creation, Powers, and Board › Section 205 - Transfer of project area from one community to another.

Effective 5/10/2016
17C-1-205.
Transfer of project area from one community to another.
(1) As used in this section:
(a) "New agency" means the agency created by the new community.
(b) "New community" means the community in which the relocated project area is located after the change in community boundaries takes place.
(c) "Original agency" means the agency created by the original community.
(d) "Original community" means the community that adopted the project area plan that created the project area that has been relocated.
(e) "Relocated" means that a project area under a project area plan adopted by the original community has ceased to be located within that community and has become part of a new community because of a change in community boundaries through:
(i) a county or municipal annexation;
(ii) the creation of a new county;
(iii) a municipal incorporation, consolidation, dissolution, or boundary adjustment; or
(iv) any other action resulting in a change in community boundaries.
(2) A relocated project area shall, for purposes of this title, be considered to remain in the original community until the original agency and the new agency enter into an interlocal agreement, adopted by resolution of the original agency's and the new agency's board, that authorizes the original agency to transfer or assign to the new agency the original agency's real property, rights, indebtedness, obligations, tax increment, or other assets and liabilities resulting from the relocated project area.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 2 - Agency Creation, Powers, and Board › Section 207 - Public entities may assist with project area development -- Notice requirements.

Effective 5/3/2023
17C-1-207.
Public entities may assist with project area development -- Notice requirements.
(1) In order to assist and cooperate in the planning, undertaking, construction, or operation of project area development within an area in which the public entity is authorized to act, a public entity may:
(a)
(i) provide or cause to be furnished:
(A) parks, playgrounds, or other recreational facilities;
(B) community, educational, water, sewer, or drainage facilities; or
(C) any other works which the public entity is otherwise empowered to undertake;
(ii) provide, furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, or other places;
(iii) in any part of the project area:
(A)
(I) plan or replan any property within the project area;
(II) plat or replat any property within the project area;
(III) vacate a plat;
(IV) amend a plat; or
(V) zone or rezone any property within the project area; and
(B) make any legal exceptions from building regulations and ordinances;
(iv) purchase or legally invest in any of the bonds of an agency and exercise all of the rights of any holder of the bonds;
(v) notwithstanding any law to the contrary, enter into an agreement for a period of time with another public entity concerning action to be taken pursuant to any of the powers granted in this title;
(vi) do anything necessary to aid or cooperate in the planning or implementation of the project area development;
(vii) in connection with the project area plan, become obligated to the extent authorized and funds have been made available to make required improvements or construct required structures; and
(viii) lend, grant, or contribute funds to an agency for project area development or proposed project area development, including assigning revenue or taxes in support of an agency bond or obligation; and
(b) for less than fair market value or for no consideration, and subject to Subsection (3):
(i) purchase or otherwise acquire property from an agency;
(ii) lease property from an agency;
(iii) sell, grant, convey, donate, or otherwise dispose of the public entity's property to an agency; or
(iv) lease the public entity's property to an agency.
(2) The following are not subject to Section 10-8-2, 17-50-312, or 17-50-303:
(a) project area development assistance that a public entity provides under this section; or
(b) a transfer of funds or property from an agency to a public entity.
(3) A public entity may provide assistance described in Subsection (1)(b) no sooner than 15 days after the day on which the public entity completes the requirements for publishing notice of the assistance for the public entity's jurisdiction, as a class A notice under Section 63G-30-102, for at least 15 days.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 2 - Agency Creation, Powers, and Board › Section 208 - Agency funds.

Effective 5/10/2016
17C-1-208.
Agency funds.
(1) Agency funds shall be accounted for separately from the funds of the community that created the agency.
(2) An agency may accumulate retained earnings or fund balances, as appropriate, in any fund.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 2 - Agency Creation, Powers, and Board › Section 209 - Agency records.

Effective 5/10/2016
17C-1-209.
Agency records.
An agency shall maintain the agency's minutes, resolutions, and other records separate from those of the community that created the agency.
Enacted by Chapter 350, 2016 General Session