2006 Utah Code - 17A-2-328 — Powers of municipalities -- Collection -- System for collection, retention, and disposition of storm and flood waters -- Power of district to make contracts -- Retainage.

     17A-2-328.   Powers of municipalities -- Collection -- System for collection, retention, and disposition of storm and flood waters -- Power of district to make contracts -- Retainage.
     (1) (a) If an improvement district under this part contracts with a municipality to supply sewage treatment or disposal service, the municipality's legislative body may:
     (i) impose an appropriate service charge to each party connected with the municipality's sewer system for the services provided by the improvement district, as the municipality's legislative body considers reasonable and proper; and
     (ii) require industrial and commercial establishments to pretreat certain wastes and sewage when the wastes and sewage would otherwise impose an unreasonable burden upon the collection system or the treatment facility of the improvement district.
     (b) If the municipality operates a waterworks system, the charge under Subsection (1)(a)(i) may be combined with the charge made for water furnished by the water system and may be collected and the collection thereof secured in the same manner as that specified in Section 10-8-38.
     (2) (a) An improvement district acquiring a system for the collection, retention, and disposition of storm and flood waters may contract with a municipality or other political subdivision or a person, firm, or corporation for the collection of storm and flood waters by any of the contracting parties.
     (b) Some or all of the parties to a contract under Subsection (2)(a) may agree to joint acquisition, ownership, construction, operation, or maintenance of all or part of the system for the collection of storm and flood waters.
     (c) (i) In exercising the power to acquire and operate a system for the collection of storm and flood waters, an improvement district may contract for the construction of storm sewers, drainage channels, dams, dikes, levees, reservoirs, and other pertinent improvements.
     (ii) As a local public procurement unit as defined in Subsection 63-56-105(14), each improvement district contracting as provided in Subsection (2)(c)(i) shall comply with the provisions applicable to local public procurement units under Title 63, Chapter 56, Utah Procurement Code.
     (3) If any payment on a contract with a private person, firm, or corporation to construct storm sewers, drainage canals, dams, dikes, levees, reservoirs, and other pertinent improvements is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5.

Amended by Chapter 25, 2005 General Session