2006 Utah Code - 17A-2-312 — Powers of district -- Bond obligations of entity under Utah Interlocal Cooperation Act not obligation of district.

     17A-2-312.   Powers of district -- Bond obligations of entity under Utah Interlocal Cooperation Act not obligation of district.
     (1) Without in any way limiting the powers granted to districts created under this part by the provisions of this part, each district may:
     (a) Exercise all powers of eminent domain possessed by counties in Utah, which powers shall be exercised in the manner provided for the exercise of these powers by counties.
     (b) Cause to be levied taxes on all taxable property in the district for the carrying out of the purposes for which the district is created. The taxes so levied for any district may not in any year exceed .0008 per dollar of taxable value of taxable property in the district.
     (c) Enter into contracts considered desirable by the board to carry out the functions of the district, including specifically the power to enter into contracts with: (i) counties, municipal or other public corporations, or any other political subdivision of the state, including any entity created under the Interlocal Cooperation Act, (and any county, municipal or other public corporation, or political subdivision shall have the power to enter into contracts with districts created under this part) for the purpose of constructing, acquiring, or operating all or any part of a system for the collection, treatment, and disposition of sewage; (ii) gas corporations regulated under Section 54-4-1, for the purpose of providing for the operation or maintenance by those corporations of all or any part of a system for the transmission of natural or manufactured gas, or for the purpose of leasing or selling all or a portion of such a system to those corporations; and (iii) private persons or corporations, public or private, for the purchase of water or electricity from these persons or corporations, or for the sale of water or electricity to these persons or corporations, or for the use of any of the facilities of these persons or corporations as may seem desirable to the board of trustees. The district may make payments for the use of the water, electricity, or facilities pursuant to contract as the board of trustees considers proper, and the district may charge the persons or corporations for the use of water, electricity, or facilities by them as the board of trustees considers proper. In any contract entered into by the districts with counties, municipal or other public corporations, or other political subdivisions of the state for the purpose of constructing, acquiring, or operating all or any part of the system for the collection, treatment, and disposition of sewage, the district may include provisions imposing penalties and surcharges against the counties, municipal or other public corporations, or political subdivisions if they fail to comply with the provisions of the contracts as negotiated.
     (d) Impose and collect charges or fees for water or other services or for the use of facilities of the district and pledge all or any part of the revenues so derived to the payment of any bonds of the district, whether these bonds are issued as revenue bonds or as general obligations of the district. Where revenue bonds are issued as authorized by this part payable solely from the revenues of the facilities, the fees and charges so imposed shall always be sufficient to carry out the provisions of the resolution authorizing the bonds. The board may perform acts and adopt resolutions necessary to assure the collection and enforcement of all fees and charges so imposed.
     (e) Enter into contracts with private persons and corporations for the purpose of handling their industrial and commercial wastes and sewage and require pre-treatment of these wastes and sewage that would otherwise place an undue burden on the collection system or the treatment facilities. Districts may not enter into contracts within any area where sewer service is being provided by an existing municipal or other sewage collection system.
     (2) Any bond obligations of a legal or administrative entity created under the Utah Interlocal Cooperation Act with which a district may contract as provided in this section may not

be counted as an obligation of the district for purposes of this part.

Renumbered and Amended by Chapter 186, 1990 General Session