(1) 

Terms Used In Utah Code 17D-1-503

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Special service district: means a limited purpose local government entity, as described in Section 17D-1-103, that:
(a) is created under authority of the Utah Constitution Article XI, Section 7; and
(b) operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-1-102
(a)  If a special service district has issued general obligation bonds, or expects to have debt service payments due on general obligation bonds during the current year, the legislative body of the county or municipality that created the special service district may make an annual levy of ad valorem property taxes in order to:

(i)  pay the principal of and interest on the general obligation bonds;

(ii)  establish a sinking fund for defaults and future debt service on the general obligation bonds; and

(iii)  establish a reserve to secure payment of the general obligation bonds.

(b)  A levy under Subsection (1)(a) is:

(i)  without limitation as to rate or amount; and

(ii)  subject to the prior approval of a majority of registered voters of the special service district voting in an election held for that purpose on a date specified in Section 20A-1-204.

(2) 

(a)  Each county or municipality that levies a tax under Subsection (1) shall:

(i)  levy the tax as a separate and special levy for the specific purposes stated in Subsection (1); and

(ii)  apply the proceeds from the levy solely for the purpose of paying the principal of and interest on the general obligation bonds, even though the proceeds may be used to establish or replenish a sinking fund under Subsection (1)(a)(ii) or a reserve under Subsection (1)(a)(iii).

(b)  A levy under Subsection (2)(a) is not subject to a priority in favor of a special service district obligation in existence at the time the bonds were issued.

Amended by Chapter 415, 2013 General Session