2006 Utah Code - 17A-2-317 — Ratification of districts created under prior laws -- Issuance of authorized bonds -- Amendatory proceedings.

     17A-2-317.   Ratification of districts created under prior laws -- Issuance of authorized bonds -- Amendatory proceedings.
     (1) If a district has been created or purported to be created under Chapter 25, Laws of Utah 1947, Chapter 24, Laws of Utah 1949, or this part, all proceedings had in connection with the creation of the district and the organization of the district's governing body are hereby validated, ratified, and declared to be binding and effective in accordance with their terms notwithstanding any failure to comply with any one or more pertinent statutory provisions and notwithstanding whether such proceedings have been continuously in effect from the date of their adoption to the date of the passage of this part.
     (2) (a) If a district has been created under this part or Chapter 3, Part 2, County Improvement District Act, the governing authority of the district may issue bonds and operate facilities under the authority of the law under which it was created or may, if in so doing provision is made for the payment in full of all expenses and obligations incurred by the district for legal, engineering, fiscal agent's and other proper services, make such changes and amendments in the proceedings for the authorization of the bonds as may be necessary to effect the authorization and issuance of the bonds under this part, and to that end, may increase or decrease the amount of bonds so authorized, may make such bonds payable in whole or in part from the operating revenues of the district or from taxes or both as provided in this part, and may make any other changes in the proceedings it may consider to be in the best interests of the district.
     (b) If any such change has the effect of pledging or allocating to the payment of any such bond taxes to be levied by such district, such amendatory proceedings shall become effective only when there shall have been given notice of a public hearing by publishing notice once a week for three successive weeks in a newspaper of general circulation in each county that contains some or all of the district, and when the hearing has been held and appeals taken therefrom, if any, terminated. For the purpose of this section, the county legislative body under districts initiated or created under said Chapter 3, Part 2, County Improvement District Act, shall at its option, if it elects hereafter to proceed hereunder, exercise all duties and functions provided by this part to be exercised by the board of trustees of any district created hereunder or may cause an election to be held for the election of trustees in accordance with the provisions of this part.

Amended by Chapter 83, 2006 General Session