Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
the appraised value of the surplus property, based on the predominant zone in the surrounding area, as indicated in an appraisal obtained by the eligible entity; and
(ii)
the appraised value of the surplus property, based on the predominant zone in the surrounding area, as indicated in an appraisal obtained by the school district; and
(b)
the amount the school district paid to acquire the surplus property. See Utah Code 53G-4-901
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Surplus property: means land owned by a school district that:
(a)
was purchased with taxpayer money;
(b)
is located within a city or town that is an eligible entity or within a qualifying planning advisory area;
(c)
consists of one contiguous tract at least three acres in size; and
(d)
has been declared by the school district to be surplus. See Utah Code 53G-4-901
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
(2)
(a)
Upon declaring land to be surplus property, each school district shall give written notice to each eligible entity in which the surplus property is located.
(b)
Each notice under Subsection (2)(a) shall:
(i)
state that the school district has declared the land to be surplus property; and
(ii)
describe the surplus property.
(3)
Subject to Subsection (4), an eligible entity may purchase the surplus property by paying the school district the purchase price.
(4)
(a)
The legislative body of each eligible entity desiring to purchase surplus property under this section shall:
(i)
within 90 days after the eligible entity receives notice under Subsection (2), adopt a resolution declaring the intent to purchase the surplus property and deliver a copy of the resolution to the school district; and
(ii)
within 90 days after delivering a copy of the resolution under Subsection (4)(a)(i) to the school district, deliver to the school district an earnest money offer to purchase the surplus property at the purchase price.
(b)
If an eligible entity fails to comply with either of the requirements under Subsection (4)(a) within the applicable time period, the eligible entity forfeits the right to purchase the surplus property.
(5)
(a)
An eligible entity may waive its right to purchase surplus property under this part by submitting a written waiver to the school district.
(b)
If an eligible entity submits a waiver under Subsection (5)(a), the school district has no further obligation under this part to sell the surplus property to the eligible entity.
(6)
Surplus property acquired by an eligible entity may not be used for any purpose other than:
(a)
a county, city, or town hall;
(b)
a park or other open space;
(c)
a cultural center or community center;
(d)
a facility for the promotion, creation, or retention of public or private jobs within the state through planning, design, development, construction, rehabilitation, business relocation, or any combination of these, within a county, city, or town;
(e)
office, industrial, manufacturing, warehousing, distribution, parking, or other public or private facilities, or other improvements that benefit the state or a county, city, or town; or
A school district that sells surplus property under this part may use proceeds from the sale only for bond debt reduction or school district capital facilities.
(b)
Each school district that sells surplus property under this part shall place all proceeds from the sale that are not used for bond debt reduction in a capital facilities fund of the school district for use for school district capital facilities.
Renumbered and Amended by Chapter 3, 2018 General Session
