Utah Code 11-42-201. Resolution or ordinance designating an assessment area — Classifications within an assessment area — Preconditions to adoption of a resolution or ordinance
11-42-201. Resolution or ordinance designating an assessment area — Classifications within an assessment area — Preconditions to adoption of a resolution or ordinance.
(1)
Terms Used In Utah Code 11-42-201
Assessment area: means an area, or, if more than one area is designated, the aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local entity under 2, for the purpose of financing the costs of improvements, operation and maintenance, or economic promotion activities that benefit property within the area. See Utah Code 11-42-102
Assessment method: means the method:
(a)
by which an assessment is levied against benefitted property, whether by frontage, area, taxable value, fair market value, lot, parcel, number of connections, equivalent residential unit, any combination of these methods, or any other method; and
(b)
that, when applied to a benefitted property, accounts for an assessment that meets the requirements of Section 11-42-409. See Utah Code 11-42-102
Designation ordinance: means an ordinance adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102
Designation resolution: means a resolution adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102
Economic promotion activities: means activities that promote economic growth in a commercial area of a local entity, including:
(a)
sponsoring festivals and markets;
(b)
promoting business investment or activities;
(c)
helping to coordinate public and private actions; and
(d)
developing and issuing publications designed to improve the economic well-being of the commercial area. See Utah Code 11-42-102
Governing body: means :
(a)
for a county, city, or town, the legislative body of the county, city, or town;
(b)
for a special district, the board of trustees of the special district;
(c)
for a special service district:
(i)
the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or
(ii)
the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301;
(d)
for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;
(e)
for the Utah Inland Port Authority, created in Section 11-58-201, the board, as defined in Section 11-58-102; and
(f)
for a public infrastructure district, the board of the public infrastructure district as defined in Section 17D-4-102. See Utah Code 11-42-102
Local entity: means :
(a)
a county, city, town, special service district, or special district;
(b)
an interlocal entity as defined in Section 11-13-103;
(c)
the military installation development authority, created in Section 63H-1-201;
Property: includes real property and any interest in real property, including water rights and leasehold rights. See Utah Code 11-42-102
(a)
Subject to the requirements of this part, a governing body of a local entity intending to levy an assessment on property to pay some or all of the cost of providing improvements benefitting the property, performing operation and maintenance benefitting the property, or conducting economic promotion activities benefitting the property shall adopt a resolution or ordinance designating an assessment area.
(b)
A designation resolution or designation ordinance described in Subsection (1)(a) may divide the assessment area into multiple classifications to allow the governing body to:
(i)
levy a different level of assessment; or
(ii)
use a different assessment method in each classification to reflect more fairly the benefits that property within the different classifications is expected to receive because of the proposed improvement, operation and maintenance, or economic promotion activities.
(c)
The boundaries of a proposed assessment area:
(i)
may include property that is not intended to be assessed; and
(ii)
except for an assessment area within a public infrastructure district created under Title 17D, Chapter 4, Public Infrastructure District Act, may not be coextensive or substantially coterminous with the boundaries of the local entity.
(2)
Before adopting a designation resolution or designation ordinance described in Subsection (1)(a), the governing body of the local entity shall:
