10-8-2 - Appropriations -- Acquisition and disposal of property -- Municipal authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
10-8-2. Appropriations -- Acquisition and disposal of property -- Municipalauthority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
(1) (a) A municipal legislative body may:
(i) appropriate money for corporate purposes only;
(ii) provide for payment of debts and expenses of the corporation;
(iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, anddispose of real and personal property for the benefit of the municipality, whether the property iswithin or without the municipality's corporate boundaries, if the action is in the public interestand complies with other law;
(iv) improve, protect, and do any other thing in relation to this property that an individualcould do; and
(v) subject to Subsection (2) and after first holding a public hearing, authorize municipalservices or other nonmonetary assistance to be provided to or waive fees required to be paid by anonprofit entity, whether or not the municipality receives consideration in return.
(b) A municipality may:
(i) furnish all necessary local public services within the municipality;
(ii) purchase, hire, construct, own, maintain and operate, or lease public utilities locatedand operating within and operated by the municipality; and
(iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, propertylocated inside or outside the corporate limits of the municipality and necessary for any of thepurposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78B,Chapter 6, Part 5, Eminent Domain, and general law for the protection of other communities.
(c) Each municipality that intends to acquire property by eminent domain underSubsection (1)(b) shall, upon the first contact with the owner of the property sought to beacquired, deliver to the owner a copy of a booklet or other materials provided by the Office of theProperty Rights Ombudsman, created under Section 13-43-201, dealing with the propertyowner's rights in an eminent domain proceeding.
(d) Subsection (1)(b) may not be construed to diminish any other authority a municipalitymay claim to have under the law to acquire by eminent domain property located inside or outsidethe municipality.
(2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject tothe provisions of Subsection (3).
(b) The total amount of services or other nonmonetary assistance provided or fees waivedunder Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the municipality'sbudget for that fiscal year.
(3) It is considered a corporate purpose to appropriate money for any purpose that, in thejudgment of the municipal legislative body, provides for the safety, health, prosperity, moralwell-being, peace, order, comfort, or convenience of the inhabitants of the municipality subject tothe following:
(a) The net value received for any money appropriated shall be measured on aproject-by-project basis over the life of the project.
(b) The criteria for a determination under this Subsection (3) shall be established by themunicipality's legislative body. A determination of value received, made by the municipality'slegislative body, shall be presumed valid unless it can be shown that the determination wasarbitrary, capricious, or illegal.
(c) The municipality may consider intangible benefits received by the municipality indetermining net value received.
(d) (i) Prior to the municipal legislative body making any decision to appropriate anyfunds for a corporate purpose under this section, a public hearing shall be held.
(ii) Notice of the hearing described in Subsection (3)(d)(i) shall be published:
(A) (I) in a newspaper of general circulation at least 14 days before the date of thehearing; or
(II) if there is no newspaper of general circulation, by posting notice in at least threeconspicuous places within the municipality for the same time period; and
(B) on the Utah Public Notice Website created in Section 63F-1-701, at least 14 daysbefore the date of the hearing.
(e) A study shall be performed before notice of the public hearing is given and shall bemade available at the municipality for review by interested parties at least 14 days immediatelyprior to the public hearing, setting forth an analysis and demonstrating the purpose for theappropriation. In making the study, the following factors shall be considered:
(i) what identified benefit the municipality will receive in return for any money orresources appropriated;
(ii) the municipality's purpose for the appropriation, including an analysis of the way theappropriation will be used to enhance the safety, health, prosperity, moral well-being, peace,order, comfort, or convenience of the inhabitants of the municipality; and
(iii) whether the appropriation is necessary and appropriate to accomplish the reasonablegoals and objectives of the municipality in the area of economic development, job creation,affordable housing, blight elimination, job preservation, the preservation of historic structuresand property, and any other public purpose.
(f) (i) An appeal may be taken from a final decision of the municipal legislative body, tomake an appropriation.
(ii) The appeal shall be filed within 30 days after the date of that decision, to the districtcourt.
(iii) Any appeal shall be based on the record of the proceedings before the legislativebody.
(iv) A decision of the municipal legislative body shall be presumed to be valid unless theappealing party shows that the decision was arbitrary, capricious, or illegal.
(g) The provisions of this Subsection (3) apply only to those appropriations made afterMay 6, 2002.
(h) This section applies only to appropriations not otherwise approved pursuant to Title10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, UniformFiscal Procedures Act for Utah Cities.
(4) (a) Before a municipality may dispose of a significant parcel of real property, themunicipality shall:
(i) provide reasonable notice of the proposed disposition at least 14 days before theopportunity for public comment under Subsection (4)(a)(ii); and
(ii) allow an opportunity for public comment on the proposed disposition.
(b) Each municipality shall, by ordinance, define what constitutes:
(i) a significant parcel of real property for purposes of Subsection (4)(a); and
(ii) reasonable notice for purposes of Subsection (4)(a)(i).
(5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquirereal property for the purpose of expanding the municipality's infrastructure or other facilities usedfor providing services that the municipality offers or intends to offer shall provide written notice,as provided in this Subsection (5), of its intent to acquire the property if:
(i) the property is located:
(A) outside the boundaries of the municipality; and
(B) in a county of the first or second class; and
(ii) the intended use of the property is contrary to:
(A) the anticipated use of the property under the general plan of the county in whoseunincorporated area or the municipality in whose boundaries the property is located; or
(B) the property's current zoning designation.
(b) Each notice under Subsection (5)(a) shall:
(i) indicate that the municipality intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whoseboundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (5) is a protected record as provided in Subsection63G-2-305(7).
(d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipalitypreviously provided notice under Section 10-9a-203 identifying the general location within themunicipality or unincorporated part of the county where the property to be acquired is located.
(ii) If a municipality is not required to comply with the notice requirement of Subsection(5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide the noticespecified in Subsection (5)(a) as soon as practicable after its acquisition of the real property.
Amended by Chapter 90, 2010 General Session