17D-4-203. Public infrastructure district powers. A public infrastructure district:
(1)
has all of the authority conferred upon a special district under Section 17B-1-103; and
Terms Used In Utah Code 17D-4-203
Board: means the board of trustees of a public infrastructure district. See Utah Code 17D-4-102
Creating entity: means the county, municipality, or development authority that approves the creation of a public infrastructure district. See Utah Code 17D-4-102
Development authority: means :
(a)
the Utah Inland Port Authority created in Section 11-58-201;
(b)
the Point of the Mountain State Land Authority created in Section 11-59-201; or
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Governing document: means the document governing a public infrastructure district to which the creating entity agrees before the creation of the public infrastructure district, as amended from time to time, and subject to the limitations of Title 17B, Chapter 1, Provisions Applicable to All Special Districts, and this chapter. See Utah Code 17D-4-102
the same as that term is defined in Section 11-58-102, for a public infrastructure district created by the Utah Inland Port Authority created in Section 11-58-201; and
(b)
the same as that term is defined in Section 63H-1-102, for a public infrastructure district created by the military installation development authority created in Section 63H-1-201. See Utah Code 17D-4-102
(2)
may:
(a)
issue negotiable bonds to pay:
(i)
all or part of the costs of acquiring, acquiring an interest in, improving, or extending any of the improvements, facilities, or property allowed under Section 11-14-103;
(ii)
capital costs of improvements in an energy assessment area, as defined in Section 11-42a-102, and other related costs, against the funds that the public infrastructure district will receive because of an assessment in an energy assessment area, as defined in Section 11-42a-102;
(iii)
public improvements related to the provision of housing;
(iv)
capital costs related to public transportation;
(v)
for a public infrastructure district created by a development authority, the cost of acquiring or financing public infrastructure and improvements; and
(vi)
for a public infrastructure district that is a subsidiary of the Utah Inland Port Authority, the costs associated with a remediation project, as defined in Section 11-58-102;
acquire completed or partially completed improvements for fair market value as reasonably determined by:
(i)
the board;
(ii)
the creating entity, if required in the governing document; or
(iii)
a surveyor or engineer that a public infrastructure district employs or engages to perform the necessary engineering services for and to supervise the construction or installation of the improvements;
(d)
contract with the creating entity for the creating entity to provide administrative services on behalf of the public infrastructure district, when agreed to by both parties, in order to achieve cost savings and economic efficiencies, at the discretion of the creating entity; and
(e)
for a public infrastructure district created by a development authority:
(i)
(A)
operate and maintain public infrastructure and improvements the district acquires or finances; and
(B)
use fees, assessments, or taxes to pay for the operation and maintenance of those public infrastructure and improvements; and
for a public infrastructure district that is a subsidiary of the Utah Inland Port Authority, pay for costs associated with a remediation project, as defined in Section 11-58-102, of the Utah Inland Port Authority.
Amended by Chapter 15, 2023 General Session Amended by Chapter 259, 2023 General Session
