(1)

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Terms Used In Utah Code 10-9a-1005

  • Agency: means the same as that term is defined in Section 17C-1-102. See Utah Code 10-9a-1001
  • Home ownership promotion zone: means a home ownership promotion zone created pursuant to this part. See Utah Code 10-9a-1001
  • Legislative body: means the municipal council. See Utah Code 10-9a-103
  • Municipality: means :
         (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • Participant: means the same as that term is defined in Section 17C-1-102. See Utah Code 10-9a-1001
  • Participation agreement: means the same as that term is defined in Section 17C-1-102. See Utah Code 10-9a-1001
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Tax increment: means the difference between:
              (11)(a)(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a home ownership promotion zone, using the current assessed value and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
              (11)(a)(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 10-9a-1001
  • Taxing entity: means the same as that term is defined in Section 17C-1-102. See Utah Code 10-9a-1001
     (1)(a) A municipality may receive tax increment and use home ownership promotion zone funds in accordance with this section.
     (1)(b) The maximum amount of time that a municipality may receive and use tax increment pursuant to a home ownership promotion zone is 15 consecutive years.
(2) A county that collects property tax on property located within a home ownership promotion zone shall, in accordance with Section 59-2-1365, distribute 60% of the tax increment collected from property within the home ownership promotion zone to the municipality over the home ownership promotion zone to be used as described in this section.
(3)

     (3)(a) Tax increment distributed to a municipality in accordance with Subsection (2) is not revenue of the taxing entity or municipality, but home ownership promotion zone funds.
     (3)(b) Home ownership promotion zone funds may be administered by an agency created by the municipality within which the home ownership promotion zone is located.
     (3)(c) Before an agency may receive home ownership promotion zone funds from a municipality, the agency shall enter into an interlocal agreement with the municipality.
(4)

     (4)(a) A municipality or agency shall use home ownership promotion zone funds within, or for the direct benefit of, the home ownership promotion zone.
     (4)(b) If any home ownership promotion zone funds will be used outside of the home ownership promotion zone, the legislative body of the municipality shall make a finding that the use of the home ownership promotion zone funds outside of the home ownership promotion zone will directly benefit the home ownership promotion zone.
(5) A municipality or agency shall use home ownership promotion zone funds to achieve the purposes described in Section 10-9a-1003 by paying all or part of the costs of any of the following:

     (5)(a) project improvement costs;
     (5)(b) systems improvement costs; or
     (5)(c) the costs of the municipality or agency to create and administer the home ownership promotion zone, which may not exceed 3% of the total home ownership promotion zone funds.
(6) Home ownership promotion zone funds may be paid to a participant, if the municipality and participant enter into a participation agreement which requires the participant to utilize the home ownership promotion zone funds as allowed in this section.
(7) Home ownership promotion zone funds may be used to pay all of the costs of bonds issued by the municipality in accordance with Title 17C, Chapter 1, Part 5, Agency Bonds, including the cost to issue and repay the bonds including interest.
(8) A municipality may:

     (8)(a) create one or more public infrastructure districts within a home ownership promotion zone under Title 17D, Chapter 4, Public Infrastructure District Act; and
     (8)(b) pledge and utilize the home ownership promotion zone funds to guarantee the payment of public infrastructure bonds issued by a public infrastructure district.