State Codes and Statutes
Statutes > Utah > Title-72 > Chapter-02 > 72-2-10872-2-108. Apportionment of funds available for use on class B and class C roads --Bonds.
(1) For purposes of this section:
(a) "Graveled road" means a road:
(i) that is:
(A) graded; and
(B) drained by transverse drainage systems to prevent serious impairment of the road bysurface water;
(ii) that has an improved surface; and
(iii) that has a wearing surface made of:
(A) gravel;
(B) broken stone;
(C) slag;
(D) iron ore;
(E) shale; or
(F) other material that is:
(I) similar to a material described in Subsection (1)(a)(iii)(A) through (E); and
(II) coarser than sand.
(b) "Paved road" includes a graveled road with a chip seal surface.
(c) "Road mile" means a one-mile length of road, regardless of:
(i) the width of the road; or
(ii) the number of lanes into which the road is divided.
(d) "Weighted mileage" means the sum of the following:
(i) paved road miles multiplied by five;
(ii) graveled road miles multiplied by two; and
(iii) all other road type road miles multiplied by one.
(2) Subject to the provisions of Subsections (3) through (5), funds in the class B andclass C roads account shall be apportioned among counties and municipalities in the followingmanner:
(a) 50% in the ratio that the class B roads weighted mileage within each county and classC roads weighted mileage within each municipality bear to the total class B and class C roadsweighted mileage within the state; and
(b) 50% in the ratio that the population of a county or municipality bears to the totalpopulation of the state as of the last official federal census or the United States Bureau of Censusestimate, whichever is most recent, except that if population estimates are not available from theUnited States Bureau of Census, population figures shall be derived from the estimate from theUtah Population Estimates Committee.
(3) For purposes of Subsection (2)(b), "the population of a county" means:
(a) the population of a county outside the corporate limits of municipalities in thatcounty, if the population of the county outside the corporate limits of municipalities in thatcounty is not less than 14% of the total population of that county, including municipalities; and
(b) if the population of a county outside the corporate limits of municipalities in thecounty is less than 14% of the total population:
(i) the aggregate percentage of the population apportioned to municipalities in thatcounty shall be reduced by an amount equal to the difference between:
(A) 14%; and
(B) the actual percentage of population outside the corporate limits of municipalities inthat county; and
(ii) the population apportioned to the county shall be 14% of the total population of thatcounty, including incorporated municipalities.
(4) (a) If an apportionment under Subsection (2) to a county or municipality with apopulation of less than 14,000 is less than 120% of the amount apportioned to the county ormunicipality from the class B and class C roads account for fiscal year 1996-97, the departmentshall:
(i) reapportion the funds under Subsection (2) to ensure that the county or municipalityreceives an amount equal to 120% of the amount apportioned to the county or municipality fromthe class B and class C roads account for fiscal year 1996-97; and
(ii) decrease proportionately as provided in Subsection (4)(b) the apportionments tocounties and municipalities for which the reapportionment under Subsection (4)(a)(i) does notapply.
(b) The aggregate amount of the funds that the department shall decrease proportionatelyfrom the apportionments under Subsection (4)(a)(ii) is an amount equal to the aggregate amountreapportioned to counties and municipalities under Subsection (4)(a)(i).
(5) (a) In addition to the apportionment adjustments made under Subsection (4), a countyor municipality that qualifies for reapportioned money under Subsection (4)(a)(i) shall receivethe percentage change in the class B and class C roads account compounded annually beginningin fiscal year 2006-07.
(b) The adjustment under Subsection (5)(a) shall be made in the same way as provided inSubsection (4)(a)(ii) and (b).
(6) The governing body of any municipality or county may issue bonds redeemable up toa period of 10 years under Title 11, Chapter 14, Local Government Bonding Act, to pay the costsof constructing, repairing, and maintaining class B or class C roads and may pledge class B orclass C road funds received pursuant to this section to pay principal, interest, premiums, andreserves for the bonds.
Amended by Chapter 109, 2008 General Session
