PocketLaw | Utah Code | County of the First Class Highway Projects

County of the First Class Highway Projects Fund.

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Affected by 63I-1-272 on 7/1/2022

Effective 5/5/2021
72-2-121. County of the First Class Highway Projects Fund.

(1) There is created a special revenue fund within the Transportation Fund known as the "County of the First Class Highway Projects Fund."

(2) The fund consists of money generated from the following revenue sources:
- (a) any voluntary contributions received for new construction, major renovations, and improvements to highways within a county of the first class;
- (b) the portion of the sales and use tax described in Subsection 59-12-2214(3)(b) deposited into or transferred to the fund;
- (c) the portion of the sales and use tax described in Section 59-12-2217 deposited into or transferred to the fund; and
- (d) a portion of the local option highway construction and transportation corridor preservation fee imposed in a county of the first class under Section 41-1a-1222 deposited into or transferred to the fund.

(3)
- (a) The fund shall earn interest.
- (b) All interest earned on fund money shall be deposited into the fund.

(4) The executive director shall use the fund money only:
- (a) to pay debt service and bond issuance costs for bonds issued under Sections 63B-16-102, 63B-18-402, and 63B-27-102;
- (b) for right-of-way acquisition, new construction, major renovations, and improvements to highways within a county of the first class and to pay any debt service and bond issuance costs related to those projects, including improvements to a highway located within a municipality in a county of the first class where the municipality is located within the boundaries of more than a single county;
- (c) for the construction, acquisition, use, maintenance, or operation of:
  - (i) an active transportation facility for nonmotorized vehicles;
  - (ii) multimodal transportation that connects an origin with a destination; or
  - (iii) a facility that may include a:
    - (A) pedestrian or nonmotorized vehicle trail;
    - (B) nonmotorized vehicle storage facility;
    - (C) pedestrian or vehicle bridge; or
    - (D) vehicle parking lot or parking structure;
- (d) to transfer to the 2010 Salt Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the amount required in Subsection 72-2-121.3(4)(c) minus the amounts transferred in accordance with Subsection 72-2-124(4)(a)(iv);
- (e) for a fiscal year beginning on or after July 1, 2013, to pay debt service and bond issuance costs for $30,000,000 of the bonds issued under Section 63B-18-401 for the projects described in Subsection 63B-18-401(4)(a);
- (f) for a fiscal year beginning on or after July 1, 2013, and after the department has verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund, to transfer an amount equal to 50% of the revenue generated by the local option highway construction and transportation corridor preservation fee imposed under Section 41-1a-1222 in a county of the first class:
  - (i) to the legislative body of a county of the first class; and
  - (ii) to be used by a county of the first class for:
    - (A) highway construction, reconstruction, or maintenance projects; or
    - (B) the enforcement of state motor vehicle and traffic laws;
- (g) for fiscal year 2015-16 only, and after the department has verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and the transfer under Subsection (4)(e) has been made, to transfer an amount equal to $25,000,000:
  - (i) to the legislative body of a county of the first class; and
  - (ii) to be used by the county for the purposes described in this section;
- (h) for a fiscal year beginning on or after July 1, 2015, after the department has verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and the transfer under Subsection (4)(e) has been made, to annually transfer an amount of the sales and use tax revenue imposed in a county of the first class and deposited into the fund in accordance with Subsection 59-12-2214(3)(b) equal to an amount needed to cover the debt to:
  - (i) the appropriate debt service or sinking fund for the repayment of bonds issued under Section 63B-27-102;
  - (ii) the Transportation Fund created in Section 72-2-102 until $28,079,000 has been deposited into the Transportation Fund; and
  - (iii) the appropriate debt service or sinking fund for the repayment of bonds issued under Sections 63B-31-102 and 63B-31-103;
- (i) after the department has verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and after the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the transfers under Subsections (4)(h)(i) and (ii) have been made, to annually transfer $2,000,000 to a public transit district in a county of the first class to fund a system for public transit;
- (j) for a fiscal year beginning on or after July 1, 2018, after the department has verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and after the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the transfers under Subsections (4)(h)(i) and (ii) have been made, to annually transfer 20% of the amount deposited into the fund under Subsection (2)(b):
  - (i) to the legislative body of a county of the first class; and
  - (ii) to fund parking facilities in a county of the first class that facilitate significant economic development and recreation and tourism within the state;
- (k) for the 2018-19 fiscal year only, after the department has verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and after the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the transfers under Subsections (4)(h), (i), and (j) have been made, to transfer $12,000,000 to the department to distribute for the following projects:
  - (i) $2,000,000 to West Valley City for highway improvement to 4100 South;
  - (ii) $1,000,000 to Herriman for highway improvements to Herriman Boulevard from 6800 West to 7300 West;
  - (iii) $1,100,000 to South Jordan for highway improvements to Grandville Avenue;
  - (iv) $1,800,000 to Riverton for highway improvements to Old Liberty Way from 13400 South to 13200 South;
  - (v) $1,000,000 to Murray City for highway improvements to 5600 South from State Street to Van Winkle;
  - (vi) $1,000,000 to Draper for highway improvements to Lone Peak Parkway from 11400 South to 12300 South;
  - (vii) $1,000,000 to Sandy City for right-of-way acquisition for Monroe Street;
  - (viii) $900,000 to South Jordan City for right-of-way acquisition and improvements to 10200 South from 2700 West to 3200 West;
  - (ix) $1,000,000 to West Jordan for highway improvements to 8600 South near Mountain View Corridor;
  - (x) $700,000 to South Jordan right-of-way improvements to 10550 South; and
  - (xi) $500,000 to Salt Lake County for highway improvements to 2650 South from 7200 West to 8000 West;
- (l) subject to Subsection (5), for the 2020-2021 fiscal year only, after the department has verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and after the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the transfers under Subsections (4)(h), (i), and (j) have been made, to transfer the following amounts to the following cities:
  - (i) $2,600,000 to South Salt Lake City;
  - (ii) $1,100,000 to Salt Lake City;
  - (iii) $1,100,000 to West Valley City;
  - (iv) $1,000,000 to Millcreek;
  - (v) $700,000 to Sandy;
  - (vi) $700,000 to West Jordan;
  - (vii) $500,000 to Murray;
  - (viii) $500,000 to South Jordan; and
  - (ix) $500,000 to Taylorsville; and
- (m) subject to Subsection (5), for a fiscal year beginning on or after July 1, 2021, and for 15 years thereafter, to annually transfer the following amounts to the following cities, metro townships, and the county of the first class for priority projects to mitigate congestion and improve transportation safety:
  - (i) $1,100,000 to Salt Lake City;
  - (ii) $1,100,000 to Sandy;
  - (iii) $1,100,000 to Taylorsville;
  - (iv) $1,100,000 to West Jordan;
  - (v) $1,100,000 to West Valley City;
  - (vi) $800,000 to Herriman;
  - (vii) $700,000 to Draper;
  - (viii) $700,000 to Riverton;
  - (ix) $700,000 to South Jordan;
  - (x) $500,000 to Midvale;
  - (xi) $500,000 to Millcreek;
  - (xii) $500,000 to Murray;
  - (xiii) $400,000 to Cottonwood Heights; and
  - (xiv) $300,000 to Holladay.

(5)
- (a) If revenue in the fund is insufficient to satisfy all of the transfers described in Subsection (4)(m), the executive director shall proportionately reduce the amounts transferred as described in Subsection (4)(m).
- (b) A local government entity, as that term is defined in Section 63J-1-220, is exempt from entering into an agreement as described in Section 63J-1-220 pertaining to the receipt or expenditure of any funding described in Subsection (4)(l) or (m).
- (c) A local government may not use revenue described in Subsections (4)(l) and (m) to supplant existing class B or class C road funds that a local government has budgeted for transportation projects.
- (d)
  - (i) A municipality or county that received a transfer of funds described in Subsection (4)(k) shall submit to the department a statement of cash flow and progress pertaining to the municipality's or county's respective project described in Subsection (4)(k).
  - (ii) After the department is satisfied that the municipality or county described in Subsection (4)(k) has made substantial progress and the expenditure of funds is programmed and imminent, the department may transfer to the same municipality or county the respective amounts described in Subsections (4)(l) and (m).

(6) The revenues described in Subsections (2)(b), (c), and (d) that are deposited into the fund and bond proceeds from bonds issued under Sections 63B-16-102, 63B-18-402, and 63B-27-102 are considered a local matching contribution for the purposes described under Section 72-2-123.

(7) The additional administrative costs of the department to administer this fund shall be paid from money in the fund.

(8) Notwithstanding any statutory or other restrictions on the use or expenditure of the revenue sources deposited into this fund, the Department of Transportation may use the money in this fund for any of the purposes detailed in Subsection (4).

(9)
- (a) For a fiscal year beginning on or after July 1, 2018, at the end of each fiscal year, after all programmed payments and transfers authorized or required under this section have been made, on November 30 the department shall transfer the remainder of the money in the fund to the Transportation Fund to reduce the amount owed to the Transportation Fund under Subsection (4)(h)(ii).
- (b) The department shall provide notice to a county of the first class of the amount transferred in accordance with this Subsection (9).

(10)
- (a) Any revenue in the fund that is not specifically allocated and obligated under Subsections (4) through (8) is subject to the review process described in this Subsection (10).
- (b) A county of the first class shall create a county transportation advisory committee as described in Subsection (10)(c) to review proposed transportation and, as applicable, public transit projects and rank projects for allocation of funds.
- (c) The county transportation advisory committee described in Subsection (10)(b) shall be composed of the following 13 members:
  - (i) six members who are residents of the county, nominated by the county executive and confirmed by the county legislative body who are:
    - (A) members of a local advisory council of a large public transit district as defined in Section 17B-2a-802;
    - (B) county council members; or
    - (C) other residents with expertise in transportation planning and funding; and
  - (ii) seven members nominated by the county executive, and confirmed by the county legislative body, chosen from mayors or managers of cities or towns within the county.
- (d)
  - (i) A majority of the members of the county transportation advisory committee constitutes a quorum.
  - (ii) The action by a quorum of the county transportation advisory committee constitutes an action by the county transportation advisory committee.
- (e) The county body shall determine:
  - (i) the length of a term of a member of the county transportation advisory committee;
  - (ii) procedures and requirements for removing a member of the county transportation advisory committee;
  - (iii) voting requirements of the county transportation advisory committee;
  - (iv) chairs or other officers of the county transportation advisory committee;
  - (v) how meetings are to be called and the frequency of meetings, but not less than once annually; and
  - (vi) the compensation, if any, of members of the county transportation advisory committee.
- (f) The county shall establish by ordinance criteria for prioritization and ranking of projects, which may include consideration of regional and countywide economic development impacts, including improved local access to:
  - (i) employment;
  - (ii) recreation;
  - (iii) commerce; and
  - (iv) residential areas.
- (g) The county transportation advisory committee shall evaluate and rank each proposed public transit project and regionally significant transportation facility according to criteria developed pursuant to Subsection (10)(f).
- (h)
  - (i) After the review and ranking of each project as described in this section, the county transportation advisory committee shall provide a report and recommend the ranked list of projects to the county legislative body and county executive.
  - (ii) After review of the recommended list of projects, as part of the county budgetary process, the county executive shall review the list of projects and may include in the proposed budget the proposed projects for allocation, as funds are available.
- (i) The county executive of the county of the first class, with information provided by the county and relevant state entities, shall provide a report annually to the county transportation advisory committee, and to the mayor or manager of each city, town, or metro township in the county, including the following:
  - (i) the amount of revenue received into the fund during the past year;
  - (ii) any funds available for allocation;
  - (iii) funds obligated for debt service; and
  - (iv) the outstanding balance of transportation-related debt.

(11) As resources allow, the department shall study in 2020 transportation connectivity in the southwest valley of Salt Lake County, including the feasibility of connecting major east-west corridors to U-111.

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