Utah Code 11-58-604. Distribution and use of primary municipality differential
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(1) This section applies to the payment and use of primary municipality differential.
Terms Used In Utah Code 11-58-604
- Authority: means the Utah Inland Port Authority, created in Section
11-58-201 . See Utah Code 11-58-102 - Authority jurisdictional land: means land within the authority boundary delineated:(2)(a) in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102
- Board: means the authority's governing body, created in Section
11-58-301 . See Utah Code 11-58-102- Development: means :
(7)(a) the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and(7)(b) the planning of, arranging for, or participation in any of the activities listed in Subsection (7)(a). See Utah Code 11-58-102- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Primary municipality: means the municipality that has more authority jurisdictional land within the municipality's boundary than is included within the boundary of any other municipality. See Utah Code 11-58-600.5
- Primary municipality differential: means property tax differential generated by a property tax levied:
(4)(a) on property in the reduced area; and(4)(b) by the primary municipality. See Utah Code 11-58-600.5(2) Beginning the first tax year that begins on or after January 1, 2023:(2)(a) the authority shall be paid 25% of primary municipality differential:(2)(a)(i) for the authority’s use as provided in Subsection (4); and(2)(a)(ii)(2)(a)(ii)(A) for a period of 25 years beginning January 1, 2023; and(2)(a)(ii)(B) for a period of time not exceeding an additional 15 years beyond the period stated in Subsection (2)(a)(ii)(A) if the board determines by resolution, adopted before the expiration of the 25-year period under Subsection (2)(a)(ii)(A), that the additional years will produce a significant benefit to the uses described in Subsection (4) and if the primary municipality and the authority agree to the additional period of time;(2)(b) the authority shall be paid, in addition to the amounts under Subsection (2)(a), a percentage, as defined in Subsection (3), of primary municipality differential for the authority’s use as provided in Subsection (4); and(2)(c) the primary municipality shall be paid, for the primary municipality’s use for municipal operations, all primary municipality differential remaining after the payment of primary municipality differential to the authority as required under Subsections (2)(a) and (b).(3) The percentage of primary municipality differential paid to the authority as provided in Subsection (2)(b):(3)(a) shall be 40% for the first tax year that begins on or after January 1, 2023, decreasing 2% each year after the 2023 tax year, so that in 2029 the percentage is 28;(3)(b) beginning January 1, 2030, and for a period of seven years, shall be 10%;(3)(c) beginning January 1, 2037, and for a period of 11 years, shall be 8%; and(3)(d) after 2047, shall be 0%.(4) Of the primary municipality differential the authority receives, the authority shall use:(4)(a) 40% for environmental mitigation projects within the authority jurisdictional land;(4)(b) 40% for mitigation projects, which may include a regional traffic study and an environmental impact mitigation analysis, for communities that are:(4)(b)(i) within the primary municipality;(4)(b)(ii) adjacent to the authority jurisdictional land; and(4)(b)(iii) west of the east boundary of the right of way of a fixed guideway used, as of January 1, 2022, for commuter rail within the primary municipality; and(4)(c) 20% for economic development activities on the authority jurisdictional land. - Board: means the authority's governing body, created in Section