2006 Utah Code - 17A-2-1315 — Powers of improvement districts within special districts.

     17A-2-1315.   Powers of improvement districts within special districts.
     (1) In addition to all other rights, powers, and authority granted by law or by other provisions of this part, a service district established by a county under this part may organize an improvement district under Chapter 3, Part 2. This improvement district has all the rights, powers, and authority of an improvement district otherwise organized under Chapter 3, Part 3, except:
     (a) notwithstanding Subsection 17A-3-228(4), any bonds issued under Chapter 3, Part 2, need comply only with the requirements of Section 11-14-304 with regard to the use of manual and facsimile signatures;
     (b) the governing authority of the service district may act in the same capacity as the governing body of a county with respect to all actions required to be taken in the creation or administration of an improvement district under Chapter 3, Part 2; and
     (c) notwithstanding Subsection 17A-3-204(1), an improvement district created by a service district may be organized to include any incorporated or unincorporated area of the county and may cause improvements to be made within any incorporated or unincorporated area of the county, and the consent of the governing body of the municipality in which an incorporated area lies is not required prior to the establishment of an improvement district that includes all or part of that incorporated area.
     (2) In addition to all other rights, powers, and authority granted by law or by other provisions of this part, a service district established by a municipality under this part may organize an improvement district under Chapter 3, Part 3. This improvement district has all the rights, powers, and authority of an improvement district otherwise organized under Chapter 3, Part 3, except that:
     (a) notwithstanding Section 17A-3-328, any bonds issued under Chapter 3, Part 3, need comply only with the requirements of Section 11-14-304, with regard to the use of manual and facsimile signatures;
     (b) the governing authority of the service district may act in the same capacity as the governing body of a municipality with respect to all actions required to be taken in the creation or administration of an improvement district under Chapter 3, Part 3; and
     (c) notwithstanding Subsection 17A-3-313(1), assessments for improvements in an improvement district organized under Chapter 3, Part 3, may include assessments for all interest on any bonds issued.

Amended by Chapter 105, 2005 General Session

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