17C-1-502.  Sources from which bonds may be made payable — Agency powers regarding bonds.

(1)  An agency may pay the principal and interest on a bond issued by the agency from:

Terms Used In Utah Code 17C-1-502

  • Agency funds: means money that an agency collects or receives for agency operations, implementing a project area plan or an implementation plan as defined in Section 17C-1-1001, or other agency purposes, including:
(a) project area funds;
(b) income, proceeds, revenue, or property derived from or held in connection with the agency's undertaking and implementation of project area development or agency-wide project development as defined in Section 17C-1-1001;
(c) a contribution, loan, grant, or other financial assistance from any public or private source;
(d) project area incremental revenue as defined in Section 17C-1-1001; or
(e) property tax revenue as defined in Section 17C-1-1001. See Utah Code 17C-1-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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 development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:
    (a) promoting, creating, or retaining public or private jobs within the state or a community;
    (b) providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;
    (c) planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;
    (d) providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;
    (e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;
    (f) providing open space, including streets or other public grounds or space around buildings;
    (g) providing public or private buildings, infrastructure, structures, or improvements;
    (h) relocating a business;
    (i) improving public or private recreation areas or other public grounds;
    (j) eliminating a development impediment or the causes of a development impediment;
    (k) redevelopment as defined under the law in effect before May 1, 2006; or
    (l) any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102
  • Public entity: means :
    (a) the United States, including an agency of the United States;
    (b) the state, including any of the state's departments or agencies; or
    (c) a political subdivision of the state, including a county, municipality, school district, special district, special service district, community reinvestment agency, or interlocal cooperation entity. See Utah Code 17C-1-102
    (a)  the income and revenues of the project area development financed with the proceeds of the bond;

    (b)  the income and revenue of certain designated project area development regardless of whether the project area development is financed in whole or in part with the proceeds of the bond;

    (c)  the income, proceeds, revenue, property, or agency funds derived from or held in connection with the agency’s undertaking and implementation of project area development;

    (d)  project area funds;

    (e)  agency revenues generally;

    (f)  a contribution, loan, grant, or other financial assistance from a public entity in aid of project area development, including the assignment of revenue or taxes in support of an agency bond;

    (g)  project area incremental revenue or property tax revenue as those terms are defined in Section 17C-1-1001; or

    (h)  funds derived from any combination of the methods listed in Subsections (1)(a) through (g).
  • (2)  In connection with the issuance of an agency bond, an agency may:

    (a)  pledge all or any part of the agency’s gross or net rents, fees, or revenues to which the agency’s right then exists or may thereafter come into existence;

    (b)  encumber by mortgage, deed of trust, or otherwise all or any part of the agency’s real or personal property, then owned or thereafter acquired; and

    (c)  make the covenants and take the action that:

    (i)  may be necessary, convenient, or desirable to secure the bond; or

    (ii)  except as otherwise provided in this chapter, will tend to make the bond more marketable, even though such covenants or actions are not specifically enumerated in this chapter.

    Amended by Chapter 214, 2021 General Session