(1)  For purposes of this section, “fixed guideway” means a public transit facility that uses and occupies:

Terms Used In Utah Code 17-50-322

  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • (a)  rail for the use of public transit; or

    (b)  a separate right-of-way for the use of public transit.

    (2) 

    (a)  Except as provided in Subsection (2)(b), a county legislative body may not levy a property tax or expend revenues from uniform fees or any tax or fee imposed in lieu of a property tax, to purchase, erect, repair, rebuild, maintain, or otherwise fund a fixed guideway.

    (b)  Subsection (2)(a) does not apply to a property tax levy imposed by a county for the purpose of paying for bonds if:

    (i)  before January 1, 2007, the bonds were issued or approved by voters for issuance to fund a fixed guideway; and

    (ii)  the county does not impose a sales and use tax authorized by Section 59-12-2217.

    Amended by Chapter 263, 2010 General Session