Utah Code 11-42b-110. Dissolution of assessment area — Procedure — Disposition of revenues — Notice requirements
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(1) The legislative body may dissolve an assessment area before the assessment area expires as provided in this section.
Terms Used In Utah Code 11-42b-110
- 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
- Owner: means the owner of a benefitted property, or the authorized agent or employee of the owner. See Utah Code 11-42b-101
- 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
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- 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) The legislative body may not dissolve an assessment area under Subsection (1) unless:
(2)(a)
(2)(a)(i) the legislative body determines there has been a misappropriation of funds, malfeasance, or a violation of law in connection with the management of the assessment area; or
(2)(a)(ii) a petition to dissolve the assessment area:
(2)(a)(ii)(A) is signed by a qualified number of owners; and
(2)(a)(ii)(B) is submitted to the legislative body within the period described in Subsection (3);
(2)(b) subject to Subsection (4), the legislative body gives notice of the proposed dissolution;
(2)(c) the legislative body holds a public meeting; and
(2)(d) at the public meeting described in Subsection (2)(c), the legislative body adopts an ordinance or resolution dissolving the assessment area.
(3) The owners of benefitted properties may submit to the legislative body a petition described in Subsection (2)(a)(ii):
(3)(a) within a 30-day period that begins after the day on which the assessment area is designated by ordinance or resolution under Section 11-42b-107; or
(3)(b) within the same 30-day period during each subsequent year in which the assessment area exists.
(4) The notice described in Subsection (2)(b) shall:
(4)(a) state:
(4)(a)(i) the reasons for the proposed dissolution; and
(4)(a)(ii) the date, time, and place of the public meeting described in Subsection (2)(c); and
(4)(b) be published for the assessment area, as a class B notice under Section 63G-30-102, for at least 20 days, but not more than 35 days, before the day of the public meeting described in Subsection (2)(c).
(5) Upon the dissolution of an assessment area, the third party administrator shall return to the owner of each benefitted property any remaining revenues attributable to the benefitted property.