11-42b-107. Public meeting -- Adoption of ordinance or resolution regarding proposed assessment area -- Limitations.

399 words·~2 min read·/ut/title-11/chapter-42b/11-42b-107

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(a)After holding a public hearing under Section 11-42b-106 and within 90 days after the day that the protest period expires in accordance with Section 11-42b-105 , the legislative body shall:

(i)count the written protests filed or withdrawn in accordance with Section 11-42b-105 and calculate whether adequate protests have been filed; and

(ii)hold a public meeting to announce the protest tally and whether adequate protests have been filed.

(b)Adequate protests are filed under Subsection (1)(a) if protests have been filed by a qualified number of owners.

(c)If adequate protests are not filed, the legislative body at the public meeting may adopt a resolution or ordinance:

(i)abandoning the proposal to designate an assessment area; or

(A)designating an assessment area; and

(B)approving a management plan as proposed under Section 11-42b-103 , or with changes under Subsection (1)(e) .

(d)If adequate protests are filed, the legislative body at the public meeting:

(i)may not adopt a resolution or ordinance designating the assessment area; and

(ii)may adopt a resolution or ordinance to abandon the proposal to designate the assessment area.

(e)In the absence of adequate protests upon the expiration of the protest period and subject to Subsection (1)(e)(ii) , the legislative body may make changes to:

(i)a beneficial activity proposed for implementation under the proposed management plan; or

(ii)the area or areas proposed to be included within the assessment area under the proposed management plan.

(2)A legislative body may not make a change in accordance with Subsection (1)(e)(i) if the change would result in:

(a)a change in the nature of a beneficial activity or reduction in the estimated amount of benefit to a benefitted property, whether in size, quality, or otherwise, than that described in the proposed management plan;

(b)an estimated total assessment to any benefitted business within the assessment area that exceeds the estimate described in the proposed management plan; or

(c)a financing term that extends beyond the estimated term of financing under the proposed management plan.

(3)After the adoption of an ordinance or resolution described in Subsection (1)(c)(ii) , the legislative body may contract with a third party administrator to provide beneficial activities within the assessment area.

Enacted by Chapter 376 , 2022 General Session