§7-20-1. Short Title
This article shall be known as the "Local Powers Act."
§7-20-10. Impact Fees Required to Be Consistent With Other Development Regulations
County commissions that require the payment of impact fees in providing capital improvements and public services shall incorporate such financial requirements within a master land use plan in order that any new development or developments are not required to contribute more than their proportionate share of the cost of providing such capital improvements and public […]
§7-20-11. Additional Powers
(a) In addition to any other powers which a county may now have and not withstanding the provisions of section six of this article, each county, by and through its county commission, shall have the following powers: (1) To acquire, whether by purchase, construction, gift, lease or otherwise, one or more infrastructure projects, or additions […]
§7-20-12. Countywide Service Fees
(a) Notwithstanding any provision of this code to the contrary, every county shall have plenary power and authority to impose a countywide service fee upon each employee and self-employed individual for each week or part of a calendar week the individual works within the county, subject to the following: (1) No individual shall pay the […]
§7-20-13. Bonds Issued to Finance Infrastructure Project
(a) The county commission, in its discretion, may use the moneys in such special infrastructure fund to finance the costs of the special infrastructure projects on a cash basis. The county commission periodically may issue special infrastructure revenue bonds of the county as provided in this section to finance all or part of such special […]
§7-20-14. Use of Proceeds From Sale of Bonds
(a) The proceeds from the sale of any bonds issued under authority of this article shall be applied only for the purpose for which the bonds were issued: Provided, That any accrued interest and premium received in any such sale shall be applied to the payment of the principal of or the interest on the […]
§7-20-15. No Contribution by County
(a) No county commission shall have the power to pay out of its general funds, or otherwise contribute, any of the costs of acquiring, constructing or financing a special infrastructure project to be acquired, constructed or financed, in whole or in part, out of the proceeds from the sale of revenue bonds issued under the […]
§7-20-16. Bonds Made Legal Investments
Bonds issued under the provisions of this article shall be legal investments for banks, building and loan associations, and insurance companies organized under the laws of this state and for a business development corporation organized pursuant to chapter thirty-one, article fourteen of this code.
§7-20-17. Construction of Article
Neither this article nor anything herein contained shall be construed as a restriction or limitation upon any powers which a county might otherwise have under any laws of this state, but shall be construed as alternative or additional; and this article shall not be construed as requiring an election on issuance of the bonds by […]
§7-20-18. No Notice, Consent or Publication Required
No notice to or consent or approval by any other governmental body or public officer shall be required as a prerequisite to the issuance or sale of any bonds or the making of any agreement, a mortgage or deed of trust under the authority of this article. No publication or notice shall be necessary to […]
§7-20-19. Public Officials Exempt From Personal Liability
No member of a county commission or other county officer shall be personally liable on any contract or obligation executed pursuant to the authority contained in this article. Nor shall the issuance of bonds under this article be considered as misfeasance in office.
§7-20-2. Purpose and Findings
(a) It is the purpose of this article to provide for the fair distribution of costs for county development by authorizing the assessment and collection of fees to offset the cost of commercial and residential development within affected counties. (b) The Legislature hereby makes the following findings: (1) The residents, taxpayers and users of county […]
§7-20-20. Cooperation by Public Bodies
For the purpose of aiding and cooperating in the planning, undertaking or carrying out of a special infrastructure project located, in whole or in part, within the area in which it is authorized to act, any public body may, upon such terms, with or without consideration, as it may determine: (1) Dedicate, sell, convey or […]
§7-20-21. Relocation of Public Utility Lines or Facilities to Accommodate Special Infrastructure Project
(a) In the event a county commission determines that any public utility line or facility located upon, across or under any portion of a street, avenue, highway, road or other public place or way shall be temporarily or permanently readjusted, removed, relocated, changed in grade or otherwise altered (each and all hereinafter for convenience referred […]
§7-20-22. Special Infrastructure Projects Financed by Service Fee Considered to Be Public Improvements Subject to Prevailing Wage, Local Labor Preference and Competitive Bid Requirements
(a) Any special infrastructure project acquired, constructed or financed, in whole or in part, by service fees imposed by a county commission under section twelve of this article shall be considered to be a "public improvement" within the meaning of the provisions of articles one-c and five-a, chapter twenty-one of this code. (b) The county […]
§7-20-23. Excess Funds; Termination of Service Fee
(a) When revenue bonds have been issued as provided in this article and the amount of service fees imposed pursuant to section twelve of this article and collected by the sheriff, less costs of administration, collection and enforcement, exceeds the amount needed to pay project costs and annual debt service, including the finding of required […]
§7-20-24. Severability
If any section, clause, provision or portion of this article shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause or provision of this article which is not in and of itself unconstitutional.
§7-20-3. Definitions
(a) "Capital improvements" means the following public facilities or assets that are owned, supported or established by county government: (1) Water treatment and distribution facilities;
§7-20-4. Counties Authorized to Collect Fees
County governments affected by the construction of new development projects are hereby authorized to require the payment of fees for any new development projects constructed therein in the event any costs associated with capital improvements or the provision of other services are attributable to such project. Such fees shall not exceed a proportionate share of […]
§7-20-5. Credits or Offsets to Be Adjusted; Incidental Benefit by One Development Not Construed as Denying Reasonable Benefit to New Development
Credits or offsets for past or future payments toward capital improvement costs shall be adjusted for time-price differentials inherent in fair comparisons of monetary amounts paid or received at different times. The receipt of an incidental benefit by any development shall not be construed as denying a reasonable benefit to any other new development.