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H.B. 378

             1     

SPECIAL DISTRICTS - DISPOSITION OF

             2     
SURPLUS ASSESSMENT

             3     
2000 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Carl W. Duckworth

             6      AN ACT RELATING TO SPECIAL DISTRICTS; CLARIFYING THE DISPOSITION OF
             7      ASSESSMENT PROCEEDS ON ABANDONMENT OF IMPROVEMENT; AND MAKING
             8      TECHNICAL CHANGES.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          17A-3-231, as renumbered and amended by Chapter 186, Laws of Utah 1990
             12          17A-3-332, as renumbered and amended by Chapter 186, Laws of Utah 1990
             13      Be it enacted by the Legislature of the state of Utah:
             14          Section 1. Section 17A-3-231 is amended to read:
             15           17A-3-231. Disposition of surplus assessment -- Disposition of assessment on
             16      abandonment of improvement.
             17          [Where] (1) (a) If an assessment is levied prior to the time all improvements in the district
             18      are entirely completed and accepted, and, on completion and acceptance, the total cost of the
             19      improvements for which assessments were levied is less than the total amount of the assessments,
             20      the surplus shall be placed in the special improvement guaranty fund.
             21          (b) If special improvement bonds have been issued by the district prior to the time the
             22      surplus is determined, the surplus shall be held in the guaranty fund and used for payment of the
             23      bonds and interest and any penalties and costs.
             24          (2) (a) If an improvement project is abandoned after assessments have been levied but
             25      before the improvements have been started, the full amount of the assessments levied, less any
             26      damages or costs related to the abandonment, shall be rebated to the [property] owner owning the
             27      assessed property at the time the rebate is made [of the property assessed], at the owner's

             28      last-known address [of the owner], using for this purpose the names and addresses appearing on
             29      the last completed real property assessment rolls of the county in which the property is located.
             30          (b) If an improvement project is abandoned prior to its completion and acceptance but after
             31      assessments have been levied, the amount of the assessments in excess of that required to pay for
             32      the improvements to the point of abandonment or termination, including any costs and damages,
             33      shall be rebated as provided in this section.
             34          Section 2. Section 17A-3-332 is amended to read:
             35           17A-3-332. Disposition of surplus assessment -- Disposition of assessment on
             36      abandonment of improvement.
             37          [Where] (1) (a) If an assessment is levied prior to the time all improvements in the district
             38      are entirely completed and accepted, and, on completion and acceptance, the total cost of the
             39      improvements for which assessments were levied is less than the total amount of the assessments,
             40      the surplus shall be placed in the special improvement guaranty fund.
             41          (b) If special improvement bonds have been issued by the district prior to the time the
             42      surplus is determined, the surplus shall be held in the guaranty fund and used for payment of the
             43      bonds and interest and any penalties and costs.
             44          (2) (a) If an improvement project is abandoned after assessments have been levied but
             45      before the improvements have been started, the full amount of the assessments levied, less any
             46      damages or costs related to the abandonment, shall be rebated to the [property] owner owning the
             47      assessed property at the time the rebate is made [of the property assessed], at the owner's
             48      last-known address [of the owner], using for this purpose the names and addresses appearing on
             49      the last completed real property assessment rolls of the county in which the property is located.
             50          (b) If an improvement project is abandoned prior to its completion and acceptance but after
             51      assessments have been levied, the amount of the assessments in excess of that required to pay for
             52      the improvements to the point of abandonment or termination including any costs and damages,
             53      shall be rebated as provided in this section.




Legislative Review Note
    as of 2-10-00 10:36 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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