11-42-408. Assessment against government land prohibited — Exception.
(1)
Terms Used In Utah Code 11-42-408
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
Contract: A legal written agreement that becomes binding when signed.
water, sewer, storm drainage, garbage collection, library, recreation, communications, or electric service;
(b)
economic promotion activities; or
(c)
any other service that a local entity is required or authorized to provide. See Utah Code 11-42-102
(a)
Except as provided in Subsection (2), a local entity may not levy an assessment against property owned by the federal government or a public agency, even if the property benefits from the improvement.
(b)
Notwithstanding Subsection (1)(a), a public agency may contract with a local entity:
(i)
for the local entity to provide an improvement to property owned by the public agency; and
(ii)
to pay for the improvement provided by the local entity.
(c)
Nothing in this section may be construed to prevent a local entity from imposing on and collecting from a public agency, or a public agency from paying, a reasonable charge for a service rendered or material supplied by the local entity to the public agency, including a charge for water, sewer, or lighting service.
a local entity may continue to levy and enforce an assessment against property acquired by a public agency within an assessment area if the acquisition occurred after the assessment area was designated; and
(b)
property that is subject to an assessment lien at the time it is acquired by a public agency continues to be subject to the lien and to enforcement of the lien if the assessment and interest on the assessment are not paid when due.
