Utah Code 17C-5-302. Procedure for adopting a community reinvestment project area budget — Contesting the budget — Time limit
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(1) An agency shall adopt a community reinvestment project area budget in accordance with this part.
Terms Used In Utah Code 17C-5-302
- Budget hearing: means the public hearing on a proposed project area budget required under Subsection
17C-2-201 (2)(d) for an urban renewal project area budget, Subsection17C-3-201 (2)(d) for an economic development project area budget, or Subsection17C-5-302 (2)(e) for a community reinvestment project area budget. See Utah Code 17C-1-102 - 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
- 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
- Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area prepared in accordance with:(47)(a) for an urban renewal project area, Section
17C-2-201 ;(47)(b) for an economic development project area, Section17C-3-201 ;(47)(c) for a community development project area, Section17C-4-204 ; or(47)(d) for a community reinvestment project area, Section17C-5-302 . See Utah Code 17C-1-102 - Project area funds: means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. 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
- Taxing entity committee: means a committee representing the interests of taxing entities, created in accordance with Section
17C-1-402 . See Utah Code 17C-1-102
(2) To adopt a community reinvestment project area budget, an agency shall:
(2)(a) prepare a proposed community reinvestment project area budget in accordance with Section 17C-5-303;
(2)(b) obtain the consent of the taxing entity committee or taxing entity in accordance with Section 17C-5-304;
(2)(c) make a copy of the proposed community reinvestment project area budget available to the public at the agency’s office during normal business hours for at least 30 days before the budget hearing described in Subsection (2)(e);
(2)(d) provide notice of the budget hearing in accordance with Chapter 1, Part 8, Hearing and Notice Requirements;
(2)(e) hold a budget hearing on the proposed community reinvestment project area budget and, at the budget hearing, allow public comment on:
(2)(e)(i) the proposed community reinvestment project area budget; and
(2)(e)(ii) whether the agency should revise, adopt, or reject the proposed community reinvestment project area budget; and
(2)(f) after the budget hearing described in Subsection (2)(e), or at a subsequent meeting:
(2)(f)(i) consider the comments and information from the budget hearing relating to the proposed community reinvestment project area budget; and
(2)(f)(ii) reject or adopt by resolution the proposed community reinvestment project area budget, with any revisions, as the community reinvestment project area budget.
(3)
(3)(a) Within 30 days after the day on which the agency adopts a community reinvestment project area budget, a person may contest the community reinvestment project area budget or the procedure used to adopt the community reinvestment project area budget if the community reinvestment project area budget or procedure fails to comply with a provision of this title.
(3)(b) After the 30-day period described in Subsection (3)(a) expires, a person may not contest:
(3)(b)(i) the community reinvestment project area budget or the procedure used by the taxing entity, the taxing entity committee, or the agency to adopt the community reinvestment project area budget;
(3)(b)(ii) a payment to the agency under the community reinvestment project area budget; or
(3)(b)(iii) the agency’s use of project area funds under the community reinvestment project area budget.