Utah Code 11-42b-103. Petition to designate assessment area — Requirements — Management plan contents
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(1) The process for a specified county to designate an assessment area is initiated by the filing of a petition with the legislative body of the specified county.
Terms Used In Utah Code 11-42b-103
- Assessment: means the assessment that a specified county levies on benefitted properties under this chapter to pay for beneficial activities. See Utah Code 11-42b-101
- Assessment area: means a convention and tourism business assessment area designated under this chapter. See Utah Code 11-42b-101
- Benefitted property: means a lodging establishment that directly or indirectly benefits from a beneficial activity. See Utah Code 11-42b-101
- Contract: A legal written agreement that becomes binding when signed.
- Owner: means the owner of a benefitted property, or the authorized agent or employee of the owner. See Utah Code 11-42b-101
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Qualified number of owners: means a number of owners of benefitted properties that represents 60% or more of the total assessment amount levied against all benefitted properties within a proposed or existing assessment area, provided that if an owner of one or more benefitted properties represents 40% or more of the total assessment amount levied against all benefitted properties within a proposed or existing assessment area, no more than 40% of the total assessment amount shall be attributed to that owner. See Utah Code 11-42b-101
- Specified county: means a county of the first or second class. See Utah Code 11-42b-101
- Third party administrator: means a private nonprofit organization, primarily engaged in destination marketing and promotion, that enters into a contract with a specified county to provide beneficial activities within an assessment area in accordance with the management plan. See Utah Code 11-42b-101
(2) A petition under Subsection (1) shall:
(2)(a) include a proposed management plan that:
(2)(a)(i) describes:
(2)(a)(i)(A) the boundaries and duration of the proposed assessment area;
(2)(a)(i)(B) each benefitted property proposed to be assessed;
(2)(a)(i)(C) the total estimated amount of assessment to be levied against all benefitted properties for each year an assessment is levied;
(2)(a)(i)(D) the method by which the proposed assessment is calculated;
(2)(a)(i)(E) the beneficial activities to be paid by assessments for each year an assessment is levied;
(2)(a)(i)(F) the total estimated amount of assessment to be expended on beneficial activities for each year an assessment is levied;
(2)(a)(i)(G) the proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each owner of benefitted property to calculate the amount of the assessment to be levied against the owner’s benefitted property;
(2)(a)(i)(H) any proposed benefit zones as described in Subsection 11-42b-102(2)(b)(ii); and
(2)(a)(i)(I) the interest, penalties, and costs or other requirements of the proposed assessment;
(2)(a)(ii) establishes procedures for collecting the proposed assessment;
(2)(a)(iii) requires the legislative body to contract with a third party administrator to implement the proposed beneficial activities within the assessment area; and
(2)(a)(iv) includes a statement regarding the right of a benefitted property to impose a surcharge on guests of the benefitted property as provided in Subsection 11-42b-102(4); and
(2)(b) be signed by a qualified number of owners.