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2006 Utah Code - 17A-2-301 — Improvement district authority -- Area of a district -- County legislative body may act as board of certain districts.
17A-2-301. Improvement district authority -- Area of a district -- County legislative body may act as board of certain districts.(1) (a) An improvement district may acquire through construction, purchase, gift, or condemnation, or any combination of these methods, and may operate all or any part of:
(i) a system for the supply, treatment, and distribution of water;
(ii) a system for the collection, treatment, and disposition of sewage;
(iii) a system for the collection, retention, and disposition of storm and flood waters;
(iv) a system for the generation, distribution, and sale of electricity; and
(v) a system for the transmission of natural or manufactured gas if the system is:
(A) connected to a gas plant, as defined in Section 54-2-1, of a gas corporation, as defined in Section 54-2-1, regulated under Section 54-4-1; and
(B) to be used to facilitate gas utility service within the district if the gas utility service is not available within the district prior to the acquisition or construction of the system.
(b) The new gas utility service under Subsection (1)(a)(v)(B) shall be provided by a gas corporation regulated under Section 54-4-1 and not by the district.
(2) (a) (i) Subject to Subsection (2)(a)(ii), the area of a district under this part may include all or part of any county or counties, including all or any part of any incorporated municipalities, other incorporated areas, and unincorporated areas, as the needs of the inhabitants of the proposed districts may appear.
(ii) Notwithstanding Subsection (2)(a)(i), the addition of any territory to a district under this part shall, on and after June 1, 2001 and as provided in Subsection 17A-2-101.3(1)(a)(i), be governed by Title 17B, Chapter 2, Part 5, Annexation.
(b) The boundaries of a district authorized under this part do not need to be contiguous.
(3) If an improvement district authorized under this part was created solely for the purpose of acquiring a system for the collection, retention, or disposition of storm and flood waters, the county legislative body that created the district may, in its discretion and despite anything to the contrary in Section 17A-2-305, act as the board of trustees of the district for so long as it considers desirable.
Amended by Chapter 284, 2002 General Session
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