17C-4-202.  Resolution or interlocal agreement to provide project area funds for the community development project area plan — Notice — Effective date of resolution or interlocal agreement — Time to contest resolution or interlocal agreement — Availability of resolution or interlocal agreement.

(1)  The approval and adoption of each resolution or interlocal agreement under Subsection 17C-4-201(2) shall be in an open and public meeting.

Terms Used In Utah Code 17C-4-202

  • Community: means a county or municipality. See Utah Code 17C-1-102
  • Contest: means to file a written complaint in the district court of the county in which the agency is located. See Utah Code 17C-1-102
  • 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.
  • Person: means :Utah Code 68-3-12.5
  • 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 funds: means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
  • Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
  • Tax increment: means the difference between:
(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17C-1-102
  • Taxing entity: means a public entity that:
    (a) levies a tax on property located within a project area; or
    (b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102
    (2) 

    (a)  Upon the adoption of a resolution or interlocal agreement under Section 17C-4-201, the agency shall provide notice as provided in Subsection (2)(b) by publishing notice for the agency’s jurisdiction, as a class A notice under Section 63G-30-102, for 30 days.

    (b)  Each notice under Subsection (2)(a) shall:

    (i)  set forth a summary of the resolution or interlocal agreement; and

    (ii)  include a statement that the resolution or interlocal agreement is available for public inspection and the hours of inspection.

    (3)  The resolution or interlocal agreement shall become effective at the end of the 30-day period described in Subsection (2)(a).

    (4) 

    (a)  For a period of 30 days after the effective date of the resolution or interlocal agreement under Subsection (3), any person may contest the resolution or interlocal agreement or the procedure used to adopt the resolution or interlocal agreement if the resolution or interlocal agreement or procedure fails to comply with applicable statutory requirements.

    (b)  After the 30-day period under Subsection (4)(a) expires, a person may not contest:

    (i)  the resolution or interlocal agreement;

    (ii)  a distribution of tax increment to the agency under the resolution or interlocal agreement; or

    (iii)  the agency’s use of project area funds under the resolution or interlocal agreement.

    (5)  Each agency that is to receive project area funds under a resolution or interlocal agreement under Section 17C-4-201 and each taxing entity that approves a resolution or enters into an interlocal agreement under Section 17C-4-201 shall make the resolution or interlocal agreement, as the case may be, available at the taxing entity’s offices to the public for inspection and copying during normal business hours.

    Amended by Chapter 435, 2023 General Session

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