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Terms Used In Utah Code 11-42-406

  • Assessment area: means an area, or, if more than one area is designated, the aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local entity under Part 2, Designating an Assessment Area, for the purpose of financing the costs of improvements, operation and maintenance, or economic promotion activities that benefit property within the area. See Utah Code 11-42-102
  • Assessment fund: means a special fund that a local entity establishes under Section 11-42-412. See Utah Code 11-42-102
  • Assessment resolution: means a resolution adopted by a local entity under Section 11-42-404 that levies an assessment on benefitted property within an assessment area. See Utah Code 11-42-102
  • Economic promotion activities: means activities that promote economic growth in a commercial area of a local entity, including:
         (19)(a) sponsoring festivals and markets;
         (19)(b) promoting business investment or activities;
         (19)(c) helping to coordinate public and private actions; and
         (19)(d) developing and issuing publications designed to improve the economic well-being of the commercial area. See Utah Code 11-42-102
  • Governing body: means :
         (22)(a) for a county, city, or town, the legislative body of the county, city, or town;
         (22)(b) for a special district, the board of trustees of the special district;
         (22)(c) for a special service district:
              (22)(c)(i) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or
              (22)(c)(ii) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301;
         (22)(d) for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;
         (22)(e) for the Utah Inland Port Authority, created in Section 11-58-201, the board, as defined in Section 11-58-102; and
         (22)(f) for a public infrastructure district, the board of the public infrastructure district as defined in Section 17D-4-102. See Utah Code 11-42-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Local entity: means :
         (31)(a) a county, city, town, special service district, or special district;
         (31)(b) an interlocal entity as defined in Section 11-13-103;
         (31)(c) the military installation development authority, created in Section 63H-1-201;
         (31)(d) a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure District Act, including a public infrastructure district created by a development authority;
         (31)(e) the Utah Inland Port Authority, created in Section 11-58-201; or
         (31)(f) any other political subdivision of the state. See Utah Code 11-42-102
     (1)(a) If the governing body of a local entity designates an assessment area in accordance with Part 2, Designating an Assessment Area, for economic promotion activities, the governing body:

          (1)(a)(i) subject to Subsection (1)(a)(ii), may levy an assessment to pay for economic promotion activities by adopting an assessment resolution or ordinance in accordance with Section 11-42-404; and
          (1)(a)(ii) except as provided in Subsection (1)(b), may not levy the assessment for a period longer than five years.
     (1)(b) A governing body may levy additional assessments to pay for economic promotion activities after the five-year period described in Subsection (1)(a)(ii) if the governing body:

          (1)(b)(i) designates a new assessment area in accordance with Part 2, Designating an Assessment Area;
          (1)(b)(ii) adopts a new assessment resolution or ordinance in accordance with Section 11-42-404;
          (1)(b)(iii) limits each additional assessment to a five-year period; and
          (1)(b)(iv) complies with Subsections (1)(b)(i) through (iii) for each additional assessment.
(2) If a local entity designates an assessment area for economic promotion activities, the local entity:

     (2)(a) shall spend on economic promotion activities at least 70% of the money generated from an assessment levied in the assessment area and from improvement revenues;
     (2)(b) may not spend more than 30% of the money generated from the assessment levied in the assessment area and from improvement revenues on administrative costs, including salaries, benefits, rent, travel, and costs incidental to publications; and
     (2)(c) in accordance with Subsection (3), shall publish a detailed report including the following:

          (2)(c)(i) an account of money deposited into the assessment fund described in Section 11-42-412;
          (2)(c)(ii) an account of expenditures from the fund described in Section 11-42-412; and
          (2)(c)(iii) a detailed account of whether each expenditure described in Subsection (2)(c)(ii) was made for economic promotion activities described in Subsection (2)(a) or for administrative costs described in Subsection (2)(b).
(3) A local entity shall publish a report required in Subsection (2)(c):

     (3)(a) on:

          (3)(a)(i) if available, the local entity’s public web site; and
          (3)(a)(ii) if the local entity is not a county or municipality, on the public web site of any county or municipality in which the local entity has jurisdiction;
     (3)(b)

          (3)(b)(i) within one year after the day on which the local entity adopts a new assessment resolution or ordinance for economic promotion activities; and
          (3)(b)(ii) each subsequent year that the economic promotion activities levy is assessed by updating the information described in Subsection (2)(c); and
     (3)(c) for six months on a web site described in Subsection (3)(a) after the day on which the report is initially published under Subsection (3)(b) or updated under Subsection (3)(b)(ii).