11-42-406. Assessment for economic promotion activities — Duration — Reporting.
(1)
Terms Used In Utah Code 11-42-406
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 fund: means a special fund that a local entity establishes under Section 11-42-412. See Utah Code 11-42-102
Assessment resolution: means a resolution adopted by a local entity under Section 11-42-404 that levies an assessment on benefitted property within 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
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.
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;
If the governing body of a local entity designates an assessment area in accordance with 2, for economic promotion activities, the governing body:
(i)
subject to Subsection (1)(a)(ii), may levy an assessment to pay for economic promotion activities by adopting an assessment resolution or ordinance in accordance with Section 11-42-404; and
(ii)
except as provided in Subsection (1)(b), may not levy the assessment for a period longer than five years.
(b)
A governing body may levy additional assessments to pay for economic promotion activities after the five-year period described in Subsection (1)(a)(ii) if the governing body:
(i)
designates a new assessment area in accordance with 2;
(ii)
adopts a new assessment resolution or ordinance in accordance with Section 11-42-404;
(iii)
limits each additional assessment to a five-year period; and
(iv)
complies with Subsections (1)(b)(i) through (iii) for each additional assessment.
(2)
If a local entity designates an assessment area for economic promotion activities, the local entity:
(a)
shall spend on economic promotion activities at least 70% of the money generated from an assessment levied in the assessment area and from improvement revenues;
(b)
may not spend more than 30% of the money generated from the assessment levied in the assessment area and from improvement revenues on administrative costs, including salaries, benefits, rent, travel, and costs incidental to publications; and
(c)
in accordance with Subsection (3), shall publish a detailed report including the following:
(i)
an account of money deposited into the assessment fund described in Section 11-42-412;
(ii)
an account of expenditures from the fund described in Section 11-42-412; and
(iii)
a detailed account of whether each expenditure described in Subsection (2)(c)(ii) was made for economic promotion activities described in Subsection (2)(a) or for administrative costs described in Subsection (2)(b).
(3)
A local entity shall publish a report required in Subsection (2)(c):
(a)
on:
(i)
if available, the local entity’s public web site; and
(ii)
if the local entity is not a county or municipality, on the public web site of any county or municipality in which the local entity has jurisdiction;
(b)
(i)
within one year after the day on which the local entity adopts a new assessment resolution or ordinance for economic promotion activities; and
(ii)
each subsequent year that the economic promotion activities levy is assessed by updating the information described in Subsection (2)(c); and
(c)
for six months on a web site described in Subsection (3)(a) after the day on which the report is initially published under Subsection (3)(b) or updated under Subsection (3)(b)(ii).
