17C-5-302. Procedure for adopting a community reinvestment project area budget — Contesting the budget — Time limit.
(1)
An agency shall adopt a community reinvestment project area budget in accordance with this part.
Terms Used In Utah Code 17C-5-302
Budget hearing: means the public hearing on a proposed project area budget required under Subsection 17C-2-201(2)(d) for an urban renewal project area budget, Subsection 17C-3-201(2)(d) for an economic development project area budget, or Subsection 17C-5-302(2)(e) for a community reinvestment project area budget. See Utah Code 17C-1-102
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 budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area prepared in accordance with:
(a)
for an urban renewal project area, Section 17C-2-201;
(b)
for an economic development project area, Section 17C-3-201;
(c)
for a community development project area, Section 17C-4-204; or
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
Taxing entity: means a public entity that:
(a)
levies a tax on property located within a project area; or
Taxing entity committee: means a committee representing the interests of taxing entities, created in accordance with Section 17C-1-402. See Utah Code 17C-1-102
(2)
To adopt a community reinvestment project area budget, an agency shall:
(a)
prepare a proposed community reinvestment project area budget in accordance with Section 17C-5-303;
(b)
obtain the consent of the taxing entity committee or taxing entity in accordance with Section 17C-5-304;
(c)
make a copy of the proposed community reinvestment project area budget available to the public at the agency’s office during normal business hours for at least 30 days before the budget hearing described in Subsection (2)(e);
(d)
provide notice of the budget hearing in accordance with 8;
(e)
hold a budget hearing on the proposed community reinvestment project area budget and, at the budget hearing, allow public comment on:
(i)
the proposed community reinvestment project area budget; and
(ii)
whether the agency should revise, adopt, or reject the proposed community reinvestment project area budget; and
(f)
after the budget hearing described in Subsection (2)(e), or at a subsequent meeting:
(i)
consider the comments and information from the budget hearing relating to the proposed community reinvestment project area budget; and
(ii)
reject or adopt by resolution the proposed community reinvestment project area budget, with any revisions, as the community reinvestment project area budget.
(3)
(a)
Within 30 days after the day on which the agency adopts a community reinvestment project area budget, a person may contest the community reinvestment project area budget or the procedure used to adopt the community reinvestment project area budget if the community reinvestment project area budget or procedure fails to comply with a provision of this title.
(b)
After the 30-day period described in Subsection (3)(a) expires, a person may not contest:
(i)
the community reinvestment project area budget or the procedure used by the taxing entity, the taxing entity committee, or the agency to adopt the community reinvestment project area budget;
(ii)
a payment to the agency under the community reinvestment project area budget; or
(iii)
the agency’s use of project area funds under the community reinvestment project area budget.
