(1) An agency shall:

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Terms Used In Utah Code 17C-5-205

  • Community: means a county or municipality. See Utah Code 17C-1-102
  • Contest: means to file a written complaint in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, and in a county in which the agency is located if the action is filed in the district court. See Utah Code 17C-1-102
  • 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.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
  • Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102
  • Sales and use tax revenue: means revenue that is:
         (56)(a) generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act; and
         (56)(b) distributed to a taxing entity in accordance with Sections 59-12-204 and 59-12-205. See Utah Code 17C-1-102
  • Tax increment: means the difference between:
              (61)(a)(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
              (61)(a)(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17C-1-102
  • Taxing entity: means a public entity that:
         (62)(a) levies a tax on property located within a project area; or
         (62)(b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102
     (1)(a) approve and adopt an interlocal agreement described in Section 17C-5-204 at an open and public meeting; and
     (1)(b) provide a notice of the meeting titled “Diversion of Property Tax for a Community Reinvestment Project Area.”
(2)

     (2)(a) Upon the execution of an interlocal agreement described in Section 17C-5-204, the agency shall provide notice of the execution by publishing the notice for the agency’s jurisdiction, as a class A notice under Section 63G-30-102, for 30 days.
     (2)(b) A notice described in Subsection (2)(a) shall include:

          (2)(b)(i) a summary of the interlocal agreement; and
          (2)(b)(ii) a statement that the interlocal agreement:

               (2)(b)(ii)(A) is available for public inspection and the hours for inspection; and
               (2)(b)(ii)(B) authorizes the agency to receive all or a portion of a taxing entity‘s tax increment or sales and use tax revenue.
(3) An interlocal agreement described in Section 17C-5-204 is effective at the end of the 30-day period described in Subsection (2)(a).
(4)

     (4)(a) Within 30 days after the day on which the interlocal agreement is effective, a person may contest the interlocal agreement or the procedure used to adopt the interlocal agreement if the interlocal agreement or procedure fails to comply with a provision of this title.
     (4)(b) After the 30-day period described in Subsection (4)(a) expires, a person may not contest:

          (4)(b)(i) the interlocal agreement;
          (4)(b)(ii) a distribution of tax increment to the agency under the interlocal agreement; or
          (4)(b)(iii) the agency’s use of project area funds under the interlocal agreement.
(5) A taxing entity that enters into an interlocal agreement under Section 17C-5-204 shall make a copy of the interlocal agreement available to the public at the taxing entity’s office for inspection and copying during normal business hours.

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