2006 Utah Code - 17A-3-304 — Powers of municipality.

     17A-3-304.   Powers of municipality.
     (1) The governing body of any municipality may make or cause to be made any one or more or combination of the following improvements:
     (a) establish grades and lay out, establish, open, extend, and widen any street, sidewalk, alley, or off-street parking facility;
     (b) improve, repair, light, grade, pave, repave, curb, gutter, sewer, drain, park, and beautify any street, sidewalk, alley, or off-street parking facility;
     (c) construct, reconstruct, extend, maintain, or repair bridges, sidewalks, crosswalks, driveways, culverts, sewers, storm sewers, drains, flood barriers, and channels;
     (d) construct, reconstruct, extend, maintain, or repair lines, facilities, and equipment, other than generating equipment, for street lighting purposes or for the expansion or improvement of a previously established, municipally owned electrical distribution system, to a district within the boundaries of the municipality;
     (e) plant or cause to be planted, set out, cultivate, and maintain lawns, shade trees, or other landscaping;
     (f) (i) cover, fence, safeguard, or enclose reservoirs, canals, ditches, and watercourses; and
     (ii) construct, reconstruct, extend, maintain, and repair waterworks, reservoirs, canals, ditches, pipes, mains, hydrants, and other water facilities for the purpose of supplying water for domestic and irrigation purposes or either, regulating, controlling, or distributing water for domestic and irrigation purposes and regulating and controlling water and watercourses leading into the municipality;
     (g) acquire, construct, reconstruct, extend, maintain, or repair parking lots or other facilities for the parking of vehicles off streets;
     (h) acquire, construct, reconstruct, extend, maintain, or repair any of the improvements authorized in this section for use in connection with an industrial or research park;
     (i) acquire, construct, reconstruct, extend, maintain, or repair parks, recreational facilities, and libraries;
     (j) remove any nonconforming existing improvements in the areas to be improved;
     (k) construct, reconstruct, extend, maintain, or repair optional improvements;
     (l) acquire any property necessary or advisable in order to make any of these improvements;
     (m) make any other improvements authorized by any other law, the cost of which may, in whole or in part, properly be determined to be of particular benefit to a particular area within the municipality;
     (n) (i) construct and install all structures, equipment, and other items; and
     (ii) do any other work that is necessary or appropriate to complete any of these improvements;
     (o) conduct economic promotion activities; and
     (p) subject to Subsection (5), acquire, construct, reconstruct, extend, maintain, or repair lines, facilities, and equipment for providing cable television service or public telecommunications service, as defined in Section 10-18-102.
     (2) In a district created for economic promotion activities, the governing body of the municipality shall:
     (a) spend at least 70% of any funds generated on economic promotion activities; and

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     (b) spend no more than 30% of any funds generated on administrative costs, including salaries, benefits, rent, travel, and costs incidental to publications.
     (3) For the purpose of making and paying for all or a part of the cost of any improvements or optional improvements, the governing body of a municipality may:
     (a) create special improvement districts within the municipality;
     (b) levy assessments on the property within the district that is benefited by the improvements;
     (c) collect improvement revenues from those improvements; and
     (d) issue interim warrants and special improvement bonds as provided in this part.
     (4) A governing body may not use the procedures outlined in this part to pay the cost of buildings or structures used for industry or research.
     (5) (a) A district created to make the improvements set forth in Subsection (1)(p):
     (i) may include only the property of an owner who has voluntarily consented to include the owner's property in the district and to subject the property to an assessment of the district; and
     (ii) notwithstanding Title 10, Chapter 18, Municipal Cable Television and Public Telecommunications Services, may not provide cable television service or public telecommunications service, as defined in Section 10-18-102.
     (b) Notwithstanding any other provision of law, a municipality that creates a district to make the improvements set forth in Subsection (1)(p) may not use municipal funds, other than those derived from an assessment levied under this part on property within that district, to pay for those improvements.
     (c) Notwithstanding any other provision of this part, funds derived from an assessment levied under this part on property within a district created to make the improvements set forth in Subsection (1)(p) may be used only for the purpose of making those improvements.

Amended by Chapter 261, 2003 General Session