Utah Code 11-42-410. Amending an assessment resolution or ordinance

(1)

A governing body may adopt a resolution or ordinance amending the original assessment resolution or ordinance adopted under Section 11-42-404 to:

Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
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
Bonds: means assessment bonds and refunding assessment bonds. 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

Property: includes real property and any interest in real property, including water rights and leasehold rights. See Utah Code 11-42-102

(a)

correct a deficiency, omission, error, or mistake:

(i)

with respect to:

(A)	the total cost of an improvement;

(B)	operation and maintenance costs; or

(C)	the cost of economic promotion activities; or

(ii)	that results in a tract, lot, block, or parcel not being fully assessed or assessed in an incorrect amount;

(b)	reallocate or adjust assessments under the original assessment resolution or ordinance for operation and maintenance costs or the costs of economic promotion activities;

(c)	reallocate or adjust assessments under the original assessment resolution or ordinance; or

(d)	reduce an assessment as a result of the issuance of refunding bonds.

(2)	If an amendment under Subsection (1)(a) or (c) results in an increase in an assessment for any property owner, the governing body shall comply with the notice requirements of Section 11-42-402, unless the owner waives notice as provided in Section 11-42-104.

Amended by Chapter 246, 2009 General Session