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S.B. 196
1
REVISIONS TO REDEVELOPMENT AGENCY
2
PROVISIONS
3
2006 GENERAL SESSION
4
STATE OF UTAH
5
Chief Sponsor: Curtis S. Bramble
6
House Sponsor:
John Dougall
7
8
LONG TITLE
9
General Description:
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This bill modifies and reorganizes provisions relating to redevelopment agencies.
11
Highlighted Provisions:
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This bill:
13
. rewrites and reorganizes redevelopment agency provisions and repeals and amends
14
existing provisions, repeals some provisions, and enacts some provisions;
15
. changes terminology from redevelopment agency to community development and
16
renewal agency;
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. eliminates education housing development as one of the types of projects that an
18
agency may undertake;
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. authorizes agencies to undertake community development;
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. modifies some definitions and adds new definitions that are applicable to
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community development and renewal agencies;
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. provides that actions taken under community development and renewal statutory
23
provisions are not subject to land use statutory provisions;
24
. authorizes an agency to change its name;
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. authorizes a county, city, or town to authorize an agency to conduct activities in a
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project area that includes an area within the boundaries of the county, city, or town;
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. eliminates a notice requirement before a public entity may become obligated to
28
make required improvements in connection with a project area plan;
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. clarifies that a public entity's grant or contribution of funds to an agency is not
30
subject to provisions relating to municipal appropriations and acquisitions and
31
disposals of property;
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. modifies publication of notice requirements relating to the sale or other disposition
33
of agency property;
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. authorizes agencies to receive and use sales tax from other taxing entities, in
35
addition to tax increment;
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. authorizes an agency undertaking a community development project to negotiate
37
with other taxing entities and to receive tax increment and sales tax revenues from
38
those other entities as those other entities agree;
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. modifies the applicability of a requirement to create a taxing entity committee so
40
that it applies only to redevelopment and economic development projects;
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. modifies the number of taxing entity committee members needed for the committee
42
to take action;
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. authorizes an agency to call a meeting of the taxing entity committee and imposes
44
requirements on the notice that must be sent to do so;
45
. prohibits a taxing entity committee from voting on a proposed redevelopment or
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economic development budget or budget amendment at the first meeting to consider
47
the budget or amendment unless all members present consent;
48
. prohibits a second meeting on a budget or budget amendment from being within a
49
certain number of days after the first meeting;
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. requires a taxing entity committee to meet annually;
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. replaces the county assessor with the county auditor in a provision requiring a
52
written report to the taxing entity committee;
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. enacts language allowing additional tax increment to be used under a pre-July 1,
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1993 project area plan for a convention center or sports complex if construction of
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the center or complex has begun before June 30, 2002;
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. provides that an agency may, in a budget adopted after the effective date of this bill,
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provide for the agency to be paid any amount of tax increment and for any period of
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time, subject to taxing entity committee approval;
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. modifies limitations on the use of tax increment involving the development of retail
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sales;
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. provides for the permissible uses of sales tax received by an agency;
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. modifies a prohibition against using tax increment for a stadium or arena;
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. modifies a provision allowing an agency to pay agency funds to other taxing entities
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to allow a taxing entity to withhold its portion of tax increment used to pay other
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taxing entities if the agency does not pay all taxing entities proportionally equal
66
amounts;
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. requires the value of property with respect to which a taxing entity receives taxes or
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increased taxes for the first time to be counted as new growth;
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. repeals provisions relating to relocation plans for families and persons displaced
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from a project area;
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. shortens the time for a person to contest a project area plan or budget;
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. eliminates a provision prohibiting implementation of a project area plan after three
73
years unless the plan is readopted;
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. modifies provisions relating to a challenge of a finding of blight;
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. modifies provisions relating to an amendment of a project area plan;
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. narrows a provision prohibiting the adoption of a budget that exceeds certain limits
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to apply to only redevelopment projects;
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. modifies a provision relating to the waiver of a requirement that a percentage of tax
79
increment funds be used for housing;
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. modifies a provision defining blight;
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. modifies the requirements applicable to a blight study;
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. modifies the standards that apply to a district court review of a finding of blight;
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. modifies the hearings required for a redevelopment and economic development
84
project;
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. modifies the class of property owners to which notice is required to be given;
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. modifies provisions relating to notice that an agency is required to provide;
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. establishes separate provisions for redevelopment, economic development, and
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community development with respect to plan adoption, requirements, and
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amendments;
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. repeals provisions relating to property owner participation in development in a
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project area;
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. repeals a provision limiting the size of a project area;
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. repeals a provision requiring the preparation of a statement of property owner
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rights;
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. repeals a provision prohibiting an agency from acquiring property on which an
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existing building is to be continued on its present site and in its present form unless
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certain conditions are met; and
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. makes technical changes.
99
Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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17C-1-104, Utah Code Annotated 1953
106
17C-1-405, Utah Code Annotated 1953
107
17C-1-406, Utah Code Annotated 1953
108
17C-1-607, Utah Code Annotated 1953
109
17C-3-101, Utah Code Annotated 1953
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17C-3-102, Utah Code Annotated 1953
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17C-3-103, Utah Code Annotated 1953
112
17C-3-104, Utah Code Annotated 1953
113
17C-3-105, Utah Code Annotated 1953
114
17C-3-106, Utah Code Annotated 1953
115
17C-3-107, Utah Code Annotated 1953
116
17C-3-108, Utah Code Annotated 1953
117
17C-3-109, Utah Code Annotated 1953
118
17C-3-201, Utah Code Annotated 1953
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17C-3-202, Utah Code Annotated 1953
120
17C-3-203, Utah Code Annotated 1953
121
17C-3-204, Utah Code Annotated 1953
122
17C-3-205, Utah Code Annotated 1953
123
17C-3-301, Utah Code Annotated 1953
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17C-3-302, Utah Code Annotated 1953
125
17C-3-303, Utah Code Annotated 1953
126
17C-3-401, Utah Code Annotated 1953
127
17C-3-402, Utah Code Annotated 1953
128
17C-3-403, Utah Code Annotated 1953
129
17C-3-404, Utah Code Annotated 1953
130
17C-4-101, Utah Code Annotated 1953
131
17C-4-102, Utah Code Annotated 1953
132
17C-4-103, Utah Code Annotated 1953
133
17C-4-104, Utah Code Annotated 1953
134
17C-4-105, Utah Code Annotated 1953
135
17C-4-106, Utah Code Annotated 1953
136
17C-4-107, Utah Code Annotated 1953
137
17C-4-108, Utah Code Annotated 1953
138
17C-4-201, Utah Code Annotated 1953
139
17C-4-202, Utah Code Annotated 1953
140
17C-4-203, Utah Code Annotated 1953
141
17C-4-204, Utah Code Annotated 1953
142
17C-4-301, Utah Code Annotated 1953
143
17C-4-302, Utah Code Annotated 1953
144
17C-4-401, Utah Code Annotated 1953
145
17C-4-402, Utah Code Annotated 1953
146
RENUMBERS AND AMENDS:
147
17C-1-101, (Renumbered from 17B-4-101, as enacted by Chapter 133, Laws of Utah
148
2001)
149
17C-1-102, (Renumbered from 17B-4-102, as last amended by Chapter 292, Laws of
150
Utah 2005)
151
17C-1-103, (Renumbered from 17B-4-105, as last amended by Chapter 292, Laws of
152
Utah 2005)
153
17C-1-201, (Renumbered from 17B-4-201, as last amended by Chapter 233, Laws of
154
Utah 2005)
155
17C-1-202, (Renumbered from 17B-4-202, as last amended by Chapter 292, Laws of
156
Utah 2005)
157
17C-1-203, (Renumbered from 17B-4-203, as enacted by Chapter 133, Laws of Utah
158
2001)
159
17C-1-204, (Renumbered from 17B-4-204, as enacted by Chapter 133, Laws of Utah
160
2001)
161
17C-1-205, (Renumbered from 17B-4-205, as enacted by Chapter 133, Laws of Utah
162
2001)
163
17C-1-206, (Renumbered from 17B-4-206, as last amended by Chapter 292, Laws of
164
Utah 2005)
165
17C-1-207, (Renumbered from 17B-4-103, as enacted by Chapter 133, Laws of Utah
166
2001)
167
17C-1-208, (Renumbered from 17B-4-104, as enacted by Chapter 133, Laws of Utah
168
2001)
169
17C-1-301, (Renumbered from 17B-4-301, as enacted by Chapter 133, Laws of Utah
170
2001)
171
17C-1-302, (Renumbered from 17B-4-302, as last amended by Chapter 205, Laws of
172
Utah 2002)
173
17C-1-303, (Renumbered from 17B-4-303, as enacted by Chapter 133, Laws of Utah
174
2001)
175
17C-1-401, (Renumbered from 17B-4-1001, as last amended by Chapter 205, Laws of
176
Utah 2002)
177
17C-1-402, (Renumbered from 17B-4-1002, as last amended by Chapter 292, Laws of
178
Utah 2005)
179
17C-1-403, (Renumbered from 17B-4-1003, as last amended by Chapter 292, Laws of
180
Utah 2005)
181
17C-1-404, (Renumbered from 17B-4-1004, as last amended by Chapter 292, Laws of
182
Utah 2005)
183
17C-1-407, (Renumbered from 17B-4-1005, as last amended by Chapter 292, Laws of
184
Utah 2005)
185
17C-1-408, (Renumbered from 17B-4-1006, as enacted by Chapter 133, Laws of Utah
186
2001)
187
17C-1-409, (Renumbered from 17B-4-1007, as last amended by Chapter 292, Laws of
188
Utah 2005)
189
17C-1-410, (Renumbered from 17B-4-1008, as enacted by Chapter 133, Laws of Utah
190
2001)
191
17C-1-411, (Renumbered from 17B-4-1009, as enacted by Chapter 133, Laws of Utah
192
2001)
193
17C-1-412, (Renumbered from 17B-4-1010, as last amended by Chapters 185 and 205,
194
Laws of Utah 2002)
195
17C-1-413, (Renumbered from 17B-4-1011, as enacted by Chapter 133, Laws of Utah
196
2001)
197
17C-1-501, (Renumbered from 17B-4-1201, as enacted by Chapter 133, Laws of Utah
198
2001)
199
17C-1-502, (Renumbered from 17B-4-1202, as enacted by Chapter 133, Laws of Utah
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2001)
201
17C-1-503, (Renumbered from 17B-4-1203, as enacted by Chapter 133, Laws of Utah
202
2001)
203
17C-1-504, (Renumbered from 17B-4-1204, as last amended by Chapter 105, Laws of
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Utah 2005)
205
17C-1-505, (Renumbered from 17B-4-1205, as enacted by Chapter 133, Laws of Utah
206
2001)
207
17C-1-506, (Renumbered from 17B-4-1206, as enacted by Chapter 133, Laws of Utah
208
2001)
209
17C-1-507, (Renumbered from 17B-4-1207, as enacted by Chapter 133, Laws of Utah
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2001)
211
17C-1-508, (Renumbered from 17B-4-1208, as enacted by Chapter 133, Laws of Utah
212
2001)
213
17C-1-601, (Renumbered from 17B-4-1301, as last amended by Chapter 37, Laws of
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Utah 2002)
215
17C-1-602, (Renumbered from 17B-4-1302, as enacted by Chapter 133, Laws of Utah
216
2001)
217
17C-1-603, (Renumbered from 17B-4-1303, as last amended by Chapter 37, Laws of
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Utah 2002)
219
17C-1-604, (Renumbered from 17B-4-1304, as last amended by Chapter 71, Laws of
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Utah 2005)
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17C-1-605, (Renumbered from 17B-4-1305, as enacted by Chapter 133, Laws of Utah
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2001)
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17C-1-606, (Renumbered from 17B-4-1306, as enacted by Chapter 133, Laws of Utah
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2001)
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17C-1-701, (Renumbered from 17B-4-1401, as last amended by Chapter 233, Laws of
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Utah 2005)
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17C-2-101, (Renumbered from 17B-4-401, as enacted by Chapter 133, Laws of Utah
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2001)
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17C-2-102, (Renumbered from 17B-4-402, as last amended by Chapters 254 and 292,
230
Laws of Utah 2005)
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17C-2-103, (Renumbered from 17B-4-403, as last amended by Chapter 292, Laws of
232
Utah 2005)
233
17C-2-104, (Renumbered from 17B-4-405, as enacted by Chapter 133, Laws of Utah
234
2001)
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17C-2-105, (Renumbered from 17B-4-406, as last amended by Chapter 205, Laws of
236
Utah 2002)
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17C-2-106, (Renumbered from 17B-4-407, as last amended by Chapter 292, Laws of
238
Utah 2005)
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17C-2-107, (Renumbered from 17B-4-408, as enacted by Chapter 133, Laws of Utah
240
2001)
241
17C-2-108, (Renumbered from 17B-4-409, as enacted by Chapter 133, Laws of Utah
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2001)
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17C-2-109, (Renumbered from 17B-4-410, as last amended by Chapter 233, Laws of
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Utah 2005)
245
17C-2-110, (Renumbered from 17B-4-411, as last amended by Chapter 292, Laws of
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Utah 2005)
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17C-2-201, (Renumbered from 17B-4-501, as enacted by Chapter 133, Laws of Utah
248
2001)
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17C-2-202, (Renumbered from 17B-4-503, as last amended by Chapter 165, Laws of
250
Utah 2004)
251
17C-2-203, (Renumbered from 17B-4-504, as last amended by Chapters 139 and 185,
252
Laws of Utah 2002)
253
17C-2-204, (Renumbered from 17B-4-505, as last amended by Chapter 185, Laws of
254
Utah 2002)
255
17C-2-205, (Renumbered from 17B-4-506, as last amended by Chapter 185, Laws of
256
Utah 2002)
257
17C-2-206, (Renumbered from 17B-4-507, as last amended by Chapter 292, Laws of
258
Utah 2005)
259
17C-2-301, (Renumbered from 17B-4-602, as last amended by Chapter 292, Laws of
260
Utah 2005)
261
17C-2-302, (Renumbered from 17B-4-603, as last amended by Chapter 292, Laws of
262
Utah 2005)
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17C-2-303, (Renumbered from 17B-4-604, as last amended by Chapter 292, Laws of
264
Utah 2005)
265
17C-2-304, (Renumbered from 17B-4-605, as last amended by Chapter 292, Laws of
266
Utah 2005)
267
17C-2-401, (Renumbered from 17B-4-801, as enacted by Chapter 133, Laws of Utah
268
2001)
269
17C-2-402, (Renumbered from 17B-4-802, as last amended by Chapter 205, Laws of
270
Utah 2002)
271
17C-2-403, (Renumbered from 17B-4-705, as last amended by Chapter 205, Laws of
272
Utah 2002)
273
17C-2-501, (Renumbered from 17B-4-701, as enacted by Chapter 133, Laws of Utah
274
2001)
275
17C-2-502, (Renumbered from 17B-4-702, as last amended by Chapter 205, Laws of
276
Utah 2002)
277
17C-2-503, (Renumbered from 17B-4-703, as last amended by Chapter 205, Laws of
278
Utah 2002)
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17C-2-504, (Renumbered from 17B-4-704, as enacted by Chapter 133, Laws of Utah
280
2001)
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17C-2-505, (Renumbered from 17B-4-502, as enacted by Chapter 133, Laws of Utah
282
2001)
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REPEALS:
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17B-4-404, as last amended by Chapter 256, Laws of Utah 2003
285
17B-4-601, as last amended by Chapter 292, Laws of Utah 2005
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17B-4-901, as enacted by Chapter 133, Laws of Utah 2001
287
17B-4-902, as enacted by Chapter 133, Laws of Utah 2001
288
17B-4-1101, as last amended by Chapter 292, Laws of Utah 2005
289
17B-4-1104, as enacted by Chapter 133, Laws of Utah 2001
290
291
Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
17C-1-101
, which is renumbered from Section 17B-4-101 is
293
renumbered and amended to read:
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TITLE 17C. LIMITED PURPOSE LOCAL GOVERNMENT ENTITIES -
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COMMUNITY DEVELOPMENT AND RENEWAL AGENCIES
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CHAPTER 1. GENERAL PROVISIONS
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Part 1. Definitions and other general provisions
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[17B-4-101]. 17C-1-101. Title.
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This [chapter] title is known as the ["Redevelopment Agencies Act."] "Limited Purpose
300
Local Government Entities - Community Development and Renewal Agencies."
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Section 2.
Section
17C-1-102
, which is renumbered from Section 17B-4-102 is
302
renumbered and amended to read:
303
[17B-4-102]. 17C-1-102. Definitions.
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As used in this title:
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(1) "Adjusted tax increment" means:
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(a) for tax increment under a pre-July 1, 1993 project area plan, tax increment under
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Section
17C-1-403
, excluding tax increment under Subsection
17C-1-403
(3); and
308
(b) for tax increment under a post-June 30, 1993 project area plan, tax increment under
309
Section
17C-1-404
, excluding tax increment under Section
17C-1-406
.
310
(2) "Affordable housing" means housing to be owned or occupied by persons and
311
families of low or moderate income, as determined by resolution of the agency.
312
[(1)] (3) "Agency" or "community development and renewal agency" means a separate
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body corporate and politic, created under Section [
17B-4-201
]
17C-1-201
or as a
314
redevelopment agency under previous law, that is a political subdivision of the state, that is
315
created to undertake or promote redevelopment, economic development, or [education
316
housing] community development, or any combination of them, as provided in this [chapter]
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title, and whose geographic boundaries are coterminous with:
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(a) for an agency created by a county, the unincorporated area of the county; and
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(b) for an agency created by a city or town, the boundaries of the city or town.
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[(2) "Assessment property owner" or "assessment owner of property" means the owner
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of real property as shown on the assessment roll of the county in which the property is located,
322
equalized as of the previous November 1.]
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(4) "Annual income" has the meaning as defined under regulations of the U.S.
324
Department of Housing and Urban Development, 24 C.F.R. Sec. 5.609, as amended or as
325
superseded by replacement regulations.
326
[(3)] (5) "Assessment roll" has the meaning as defined in Section
59-2-102
.
327
[(4)] (6) "Base taxable value" means the taxable value of the property within a project
328
area from which tax increment will be collected, as shown upon the assessment roll last
329
equalized before:
330
(a) for a pre-July 1, 1993 project area plan, the effective date of the project area plan;
331
or
332
(b) for a post-June 30, 1993 project area plan:
333
(i) the date of the taxing entity committee's approval of the first project area budget; or
334
(ii) if no taxing entity committee approval is required for the project area budget, the
335
later of:
336
(A) the date the project area plan is adopted by the community legislative body; and
337
(B) the date the agency adopts the first project area budget.
338
(7) "Basic levy" means the portion of a school district's tax levy constituting the
339
minimum basic levy under Section 59-2-902.
340
[(5)] (8) "Blight" or "blighted" means the condition of an area that meets the
341
requirements of Subsection [
17B-4-604
]
17C-2-303
(1).
342
[(6)] (9) "Blight hearing" means a public hearing under Subsection [
17B-4-601
]
343
17C-2-102
(1)[(c)] (a)(iii) and Section [
17B-4-603
]
17C-2-302
regarding the existence or
344
nonexistence of blight within the proposed redevelopment project area.
345
[(7)] (10) "Blight study" means a study to determine the existence or nonexistence of
346
blight within a survey area as provided in Section [
17B-4-602
]
17C-2-301
.
347
[(8)] (11) "Board" means the governing body of an agency, as provided in Section
348
[
17B-4-203
]
17C-1-203
.
349
[(9)] (12) "Budget hearing" means the public hearing on a draft project area budget
350
required under Subsection [
17B-4-501
]
17C-2-201
(2)[(e)] (d) for a redevelopment project area
351
budget or Subsection 17C-3-201(2)(d) for an economic development project area budget.
352
(13) "Combined incremental value" means the combined total of all incremental values
353
from all redevelopment project areas, except a military installation project area, within the
354
agency's boundaries under adopted project area plans and adopted project area budgets at the
355
time that a project area budget for a new redevelopment project area is being considered.
356
[(10)] (14) "Community" means a county, city, or town.
357
(15) "Community development" means development activities within a community,
358
including the encouragement, promotion, or provision of development.
359
[(11)] (16) "Economic development" means to promote the creation or retention of
360
public or private jobs within the state through:
361
(a) planning, design, development, construction, rehabilitation, business relocation, or
362
any combination of these, within [part or all of a project area] a community; and
363
(b) the provision of office, industrial, manufacturing, warehousing, distribution,
364
parking, public, or other facilities, or other improvements that benefit the state or a community.
365
[(12) "Education housing development" means the provision of high density housing
366
within a project area that is adjacent to a public or private institution of higher education.]
367
(17) "Fair share ratio" means the ratio derived by:
368
(a) for a city or town, comparing the percentage of all housing units within the city or
369
town that are publicly subsidized income targeted housing units to the percentage of all
370
housing units within the whole county that are publicly subsidized income targeted housing
371
units; or
372
(b) for the unincorporated part of a county, comparing the percentage of all housing
373
units within the unincorporated county that are publicly subsidized income targeted housing
374
units to the percentage of all housing units within the whole county that are publicly subsidized
375
income targeted housing units.
376
(18) "Family" has the meaning as defined under regulations of the U.S. Department of
377
Housing and Urban Development, 24 C.F.R. Section 5.403, as amended or as superseded by
378
replacement regulations.
379
(19) "Greenfield" means land not developed beyond agricultural or forestry use.
380
(20) "Housing funds" means the funds allocated in a redevelopment project area budget
381
under Section
17C-2-203
for the purposes provided in Subsection
17C-1-412
(1).
382
(21) "Income targeted housing" means housing to be owned or occupied by a family
383
whose annual income is at or below 80% of the median annual income for the county in which
384
the housing is located.
385
(22) "Incremental value" means a figure derived by multiplying the marginal value of
386
the property located within a redevelopment project area on which tax increment is collected by
387
a number that represents the percentage of adjusted tax increment from that project area that is
388
paid to the agency.
389
[(13)] (23) "Loan fund board" means the Olene Walker Housing Loan Fund Board,
390
established under Title 9, Chapter 4, Part 7, Olene Walker Housing Loan Fund.
391
(24) "Marginal value" means the difference between actual taxable value and base
392
taxable value.
393
(25) "Military installation project area" means a project area or a portion of a project
394
area located within a federal military installation ordered closed by the federal Defense Base
395
Realignment and Closure Commission.
396
[(14)] (26) "Plan hearing" means the public hearing on a draft project area plan
397
required under Subsection [
17B-4-402
(1)(e)]
17C-2-102
(1)(a)(viii) for a redevelopment
398
project area plan, Subsection
17C-3-102
(1)(d) for an economic development project area plan,
399
and Subsection
17C-4-102
(1)(d) for a community development project area plan.
400
[(15)] (27) "Post-June 30, 1993 project area plan" means a [redevelopment, economic
401
development, or education housing development] project area plan adopted on or after July 1,
402
1993, whether or not amended subsequent to its adoption.
403
[(16)] (28) "Pre-July 1, 1993 project area plan" means a [redevelopment] project area
404
plan adopted before July 1, 1993, whether or not amended subsequent to its adoption.
405
[(17)] (29) "Private," with respect to real property, means:
406
(a) not owned by the United States or any agency of the federal government, a public
407
entity, or any other governmental entity; and
408
(b) not dedicated to public use.
409
[(18)] (30) "Project area" means the geographic area described in a project area plan or
410
draft project area plan where the redevelopment, economic development, or [education
411
housing] community development, as the case may be, set forth in the project area plan or draft
412
project area plan takes place or is proposed to take place.
413
[(19)] (31) "Project area budget" means a multiyear projection of annual or cumulative
414
revenues and expenses and other fiscal matters pertaining to a redevelopment[,] or economic
415
development[, or education housing development] project area that includes:
416
(a) the base taxable value of property in the project area;
417
(b) the projected tax increment expected to be generated within the project area;
418
(c) the amount of tax increment expected to be shared with other taxing entities;
419
(d) the amount of tax increment expected to be used to implement the project area plan,
420
including the estimated amount of tax increment to be used for land acquisition, public
421
improvements, infrastructure improvements, and loans, grants, or other incentives to private
422
and public entities;
423
(e) the tax increment expected to be used to cover the cost of administering the project
424
area plan;
425
(f) if the area from which tax increment is to be collected is less than the entire project
426
area[,]:
427
(i) the tax identification numbers of the parcels from which tax increment will be
428
collected; or
429
(ii) a legal description of the portion of the project area from which tax increment will
430
be collected; and
431
(g) for property that the agency owns and expects to sell, the expected total cost of the
432
property to the agency and the expected selling price.
433
[(20)] (32) "Project area plan" means a written plan under Part 4, Project Area Plan,
434
that, after its effective date, guides and controls the redevelopment, economic development, or
435
[education housing] community development activities within [the] a project area.
436
[(21)] (33) "Property tax" includes privilege tax and each levy on an ad valorem basis
437
on tangible or intangible personal or real property.
438
[(22)] (34) "Public entity" means:
439
(a) the state, including any of its departments or agencies; or
440
(b) a political subdivision of the state, including a county, city, town, school district,
441
special district, local district, or interlocal cooperation entity.
442
[(23) "Public input hearing" means the public hearing required under Subsection
443
17B-4-402
(1)(h)(ii) regarding a proposed redevelopment project.]
444
(35) "Publicly owned infrastructure and improvements" means water, sewer, storm
445
drainage, electrical, and other similar systems and lines, streets, roads, curb, gutter, sidewalk,
446
walkways, parking facilities, public transportation facilities, and other facilities, infrastructure,
447
and improvements benefitting the public and to be publicly owned or publicly maintained or
448
operated.
449
[(24)] (36) "Record property owner" or "record owner of property" means the owner of
450
real property as shown on the records of the recorder of the county in which the property is
451
located and includes a purchaser under a real estate contract if the contract is recorded in the
452
office of the recorder of the county in which the property is located or the purchaser gives
453
written notice of the real estate contract to the agency.
454
[(25)] (37) "Redevelopment" means the development activities under a project area
455
plan within a redevelopment project area, including:
456
(a) planning, design, development, demolition, clearance, construction, rehabilitation,
457
or any combination of these, of part or all of a project area;
458
(b) the provision of residential, commercial, industrial, public, or other structures or
459
spaces, including recreational and other facilities incidental or appurtenant to them;
460
(c) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating, or
461
any combination of these, existing structures in a project area;
462
(d) providing open space, including streets and other public grounds and space around
463
buildings;
464
(e) providing public or private buildings, infrastructure, structures, and improvements;
465
and
466
(f) providing improvements of public or private recreation areas and other public
467
grounds.
468
[(26)] (38) "Superfund site":
469
(a) means an area included in the National Priorities List under the Comprehensive
470
Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9605; and
471
(b) includes an area formerly included in the National Priorities List, as described in
472
Subsection [(26)] (38)(a), but removed from the list following remediation that leaves on site
473
the waste that caused the area to be included in the National Priorities List.
474
[(27)] (39) "Survey area" means an area designated by a survey area resolution for
475
study to determine whether one or more redevelopment projects within the area are feasible.
476
[(28)] (40) "Survey area resolution" means a resolution adopted by the agency board
477
under Subsection [
17B-4-401
(1)(a)]
17C-2-101
(1)(a) designating a survey area.
478
(41) "Taxable value" means the value of property as shown on the last equalized
479
assessment roll as certified by the county assessor.
480
[(29)] (42) (a) "Tax increment" means, except as provided in Subsection [(29)] (42)(b),
481
the difference between:
482
(i) the amount of property tax revenues generated each tax year by all taxing entities
483
from the area within a project area designated in the project area plan as the area from which
484
tax increment is to be collected, using the current assessed value of the property; and
485
(ii) the amount of property tax revenues that would be generated from that same area
486
using the base taxable value of the property.
487
(b) "Tax increment" does not include taxes levied and collected under Section
488
59-2-906.1
on or after January 1, 1994 upon the taxable property in the project area unless:
489
(i) the project area plan was adopted before May 4, 1993, whether or not the project
490
area plan was subsequently amended; and
491
(ii) the taxes were pledged to support bond indebtedness or other contractual
492
obligations of the agency.
493
[(30)] (43) "Taxing entity" means a public entity that levies a tax on property within a
494
[project area or proposed project area] community.
495
[(31)] (44) "Taxing entity committee" means a committee representing the interests of
496
taxing entities, created as provided in Section [
17B-4-1002
]
17C-1-402
.
497
(45) "Unincorporated" means not within a city or town.
498
Section 3.
Section
17C-1-103
, which is renumbered from Section 17B-4-105 is
499
renumbered and amended to read:
500
[17B-4-105]. 17C-1-103. Limitations on applicability of title --
501
Amendment of previously adopted project area plan.
502
(1) Nothing in this [chapter] title may be construed to:
503
(a) impose a requirement or obligation on an agency, with respect to a project area plan
504
adopted or an agency action taken, that was not imposed by the law in effect at the time the
505
project area plan was adopted or the action taken;
506
(b) prohibit an agency from taking an action that:
507
(i) was allowed by the law in effect immediately before an applicable amendment to
508
this [chapter] title;
509
(ii) is permitted or required under the project area plan adopted before the amendment;
510
and
511
(iii) is not explicitly prohibited under this [chapter] title;
512
(c) revive any right to challenge any action of the agency that had already expired; or
513
(d) require a project area plan to contain a provision that was not required by the law in
514
effect at the time the project area plan was adopted.
515
(2) (a) A project area plan adopted before an amendment to this [chapter] title becomes
516
effective may be amended as provided in this [chapter] title.
517
(b) Unless explicitly prohibited by this [chapter] title, an amendment under Subsection
518
(2)(a) may include a provision that is allowed under this [chapter] title but that was not
519
required or allowed by the law in effect before the applicable amendment.
520
Section 4.
Section
17C-1-104
is enacted to read:
521
17C-1-104. Actions not subject to land use laws.
522
(1) An action taken under this title is not subject to Title 10, Chapter 9a, Municipal
523
Land Use, Development, and Management Act or Title 17, Chapter 27a, County Land Use,
524
Development, and Management Act.
525
(2) An ordinance or resolution adopted under this title is not a land use ordinance as
526
defined in Sections
10-9a-103
and
17-27a-103
.
527
Section 5.
Section
17C-1-201
, which is renumbered from Section 17B-4-201 is
528
renumbered and amended to read:
529
Part 2. Agency Creation, Powers, and Board
530
[17B-4-201]. 17C-1-201. Creation of agency -- Notice to lieutenant
531
governor.
532
(1) Subject to Subsection (2), a community may, by ordinance adopted by its
533
legislative body, create [an] a community development and renewal agency.
534
(2) (a) Within ten days after adopting an ordinance under Subsection (1), the
535
community legislative body shall file with the lieutenant governor a notice of the adoption of
536
the ordinance, with a copy of the ordinance.
537
(b) Upon the lieutenant governor's issuance of the certificate of creation under Section
538
67-1a-6.5
, the agency is created and incorporated.
539
(3) An agency may change its name, whether to indicate it is a community
540
development and renewal agency or otherwise, by adopting a resolution setting forth its new
541
name and filing the resolution with the lieutenant governor, the State Tax Commission, and the
542
assessor of the county in which the agency is located.
543
Section 6.
Section
17C-1-202
, which is renumbered from Section 17B-4-202 is
544
renumbered and amended to read:
545
[17B-4-202]. 17C-1-202. Agency powers.
546
(1) [An] A community development and renewal agency may:
547
(a) sue and be sued;
548
(b) enter into contracts generally;
549
(c) buy, obtain an option upon, or otherwise acquire any interest in real or personal
550
property;
551
(d) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or
552
personal property;
553
(e) enter into a lease agreement on real or personal property, either as lessee or lessor;
554
(f) provide for redevelopment, economic development, and [education housing]
555
community development as provided in this [chapter] title;
556
(g) receive tax increment as provided in this [chapter] title;
557
[(h) encourage the continued use of existing buildings in the project area;]
558
[(i)] (h) if disposing of or leasing land, retain controls or establish restrictions and
559
covenants running with the land consistent with the project area plan;
560
[(j)] (i) accept financial or other assistance from any public or private source for the
561
agency's activities, powers, and duties, and expend any funds so received for any of the
562
purposes of this [chapter] title;
563
[(k)] (j) borrow money or accept financial or other assistance from the federal
564
government, a public entity, or any other source for any of the purposes of this [chapter] title
565
and comply with any conditions of [such] the loan or assistance; [and]
566
[(l)] (k) issue bonds to finance the undertaking of any redevelopment, economic
567
development, or [education housing] community development or for any of the agency's other
568
purposes, including:
569
(i) reimbursing an advance made by the agency or by a public entity or the federal
570
government to the agency;
571
(ii) refunding bonds to pay or retire bonds previously issued by the agency; and
572
(iii) refunding bonds to pay or retire bonds previously issued by the community that
573
created the agency for expenses associated with a redevelopment, economic development, or
574
[education housing] community development project; and
575
[(m)] (l) transact other business and exercise all other powers provided for in this
576
[chapter] title.
577
(2) The establishment of controls or restrictions and covenants under Subsection
578
(1)[(i)](h) is a public purpose.
579
Section 7.
Section
17C-1-203
, which is renumbered from Section 17B-4-203 is
580
renumbered and amended to read:
581
[17B-4-203]. 17C-1-203. Agency board -- Quorum.
582
(1) The governing body of an agency is a board consisting of the current members of
583
the legislative body of the community that created the agency.
584
(2) A majority of board members constitutes a quorum for the transaction of agency
585
business.
586
(3) An agency board may not adopt a resolution, pass a motion, or take any other
587
official board action without the concurrence of at least a majority of the board members
588
present at a meeting at which a quorum is present.
589
Section 8.
Section
17C-1-204
, which is renumbered from Section 17B-4-204 is
590
renumbered and amended to read:
591
[17B-4-204]. 17C-1-204. Redevelopment, economic development,
592
community development by an adjoining agency -- Requirements.
593
(1) An agency or community may, by resolution of its board or legislative body,
594
respectively, authorize [another] an agency to conduct redevelopment, economic development,
595
or [education housing] community development activities in a project area that includes an area
596
within the authorizing agency's boundaries or within the boundaries of the authorizing
597
community if the project area or community is contiguous to the boundaries of the other
598
agency.
599
(2) If an agency board or community legislative body adopts a resolution under
600
Subsection (1) authorizing another agency to undertake redevelopment, economic
601
development, or [education housing] community development activities in the authorizing
602
agency's project area or within the boundaries of the authorizing community:
603
(a) the other agency may act in all respects as if the project area were within its own
604
boundaries;
605
(b) the board of the other agency has all the rights, powers, and privileges with respect
606
to the project area as if it were within its own boundaries; and
607
(c) the other agency may be paid tax increment funds to the same extent as if the
608
project area were within its own boundaries.
609
(3) Each project area plan approved by the other agency for the project area that is the
610
subject of a resolution under Subsection (1) shall be[: (a) reviewed by the planning
611
commission of the community in which the project area is located; and (b)] adopted by
612
ordinance of the legislative body of the community in which the project area is located.
613
Section 9.
Section
17C-1-205
, which is renumbered from Section 17B-4-205 is
614
renumbered and amended to read:
615
[17B-4-205]. 17C-1-205. Change of project area from one community to
616
another.
617
(1) For purposes of this section:
618
(a) "New agency" means the agency created by the new community.
619
(b) "New community" means the community in which the relocated project area is
620
located after the change in community boundaries takes place.
621
(c) "Original agency" means the agency created by the original community.
622
(d) "Original community" means the community that adopted the project area plan that
623
created the project area that has been relocated.
624
(e) "Relocated" means that a project area under a project area plan adopted by the
625
original community has ceased to be located within that community and has become part of a
626
new community because of a change in community boundaries through:
627
(i) a county or municipal annexation;
628
(ii) the creation of a new county;
629
(iii) a municipal incorporation, consolidation, dissolution, or boundary adjustment; or
630
(iv) any other action resulting in a change in community boundaries.
631
(2) If a project area under a project area plan adopted by a community becomes
632
relocated, the project area shall, for purposes of this [chapter] title, be considered to remain in
633
the original community until:
634
(a) the new community has created an agency;
635
(b) the original agency has transferred or assigned to the new agency the original
636
agency's real property, rights, indebtedness, obligations, tax increment, and other assets and
637
liabilities related to the relocated project area; [and]
638
(c) the new agency by resolution approves the original agency's project area plan as the
639
project area plan of the new agency; and
640
(d) the new community by ordinance adopts the project area plan that was approved by
641
the new agency.
642
Section 10.
Section
17C-1-206
, which is renumbered from Section 17B-4-206 is
643
renumbered and amended to read:
644
[17B-4-206]. 17C-1-206. Use of eminent domain prohibited -- Exception.
645
[(1) An agency may not acquire property or an interest in property from an agency
646
board member or officer unless:]
647
[(a) the board member or officer consents; and]
648
[(b) the agency uses eminent domain.]
649
(1) Except as provided in Subsection (2), an agency may not use eminent domain to
650
acquire property.
651
(2) An agency may use eminent domain to acquire any interest in property that is
652
owned by an agency board member or officer and located within a [redevelopment, economic
653
development, or education housing development] project area, if the board member or officer
654
consents.
655
Section 11.
Section
17C-1-207
, which is renumbered from Section 17B-4-103 is
656
renumbered and amended to read:
657
[17B-4-103]. 17C-1-207. Public entities may assist with redevelopment,
658
economic development, or community development project.
659
(1) In order to assist and cooperate in the planning, undertaking, construction, or
660
operation of a redevelopment, economic development, or [education housing] community
661
development project located within the area in which it is authorized to act, a public entity
662
may:
663
(a) (i) cause to be furnished adjacent to or in connection with a redevelopment,
664
economic development, or [education housing] community development project:
665
(A) parks, playgrounds, or other recreational facilities;
666
(B) community, educational, water, sewer, or drainage facilities; or
667
(C) any other works which the public entity is otherwise empowered to undertake;
668
(ii) furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or replan streets,
669
roads, roadways, alleys, sidewalks, or other places [over which it has authority];
670
(iii) plan or replan, zone or rezone any part of a project area and make any legal
671
exceptions from building regulations and ordinances;
672
(iv) purchase or legally invest in any of the bonds of an agency and exercise all of the
673
rights of any holder of the bonds;
674
(v) enter into an agreement with another public entity concerning action to be taken
675
pursuant to any of the powers granted in [this chapter; and] these chapters;
676
(vi) do any and all things necessary to aid or cooperate in the planning or carrying out
677
of a redevelopment, economic development, or [education housing] community development
678
project; [and]
679
(vii) in connection with the project area plan, become obligated to the extent
680
authorized and funds have been made available to make required improvements or construct
681
required structures; and
682
(viii) lend, grant, or contribute funds to an agency for a redevelopment, economic
683
development, or community development project; and
684
(b) [after] 15 days after posting public notice:
685
(i) [(A)] purchase or otherwise acquire property or lease property from an agency; or
686
[(B)] (ii) sell, grant, convey, or otherwise dispose of the public entity's property or
687
lease the public entity's property to an agency[;].
688
[(ii) in connection with the project area plan, become obligated to the extent authorized
689
and funds have been made available to make required improvements or construct required
690
structures; and]
691
[(iii) lend, grant, or contribute funds to an agency for a redevelopment, economic
692
development, or education housing development project.]
693
(2) Notwithstanding any law to the contrary, an agreement under Subsection (1)(a)(v)
694
may extend over any period.
695
(3) A grant or contribution of funds from a public entity to an agency is not subject to
696
the requirements of Section
10-8-2
.
697
Section 12.
Section
17C-1-208
, which is renumbered from Section 17B-4-104 is
698
renumbered and amended to read:
699
[17B-4-104]. 17C-1-208. Agency funds to be accounted for separately
700
from community funds.
701
Agency funds shall be accounted for separately from the funds of the community that
702
created the agency.
703
Section 13.
Section
17C-1-301
, which is renumbered from Section 17B-4-301 is
704
renumbered and amended to read:
705
Part 3. Agency property
706
[17B-4-301]. 17C-1-301. Agency property exempt from taxation --
707
Exception.
708
(1) Agency property acquired or held for purposes of this [chapter] title is declared to
709
be public property used for essential public and governmental purposes and, subject to
710
Subsection (2), is exempt from all taxes of a public entity.
711
(2) The exemption in Subsection (1) does not apply to property that the agency leases
712
to a lessee that is not entitled to a tax exemption with respect to the property.
713
Section 14.
Section
17C-1-302
, which is renumbered from Section 17B-4-302 is
714
renumbered and amended to read:
715
[17B-4-302]. 17C-1-302. Agency property exempt from levy and execution
716
sale -- Judgment against community or agency.
717
(1) (a) All agency property, including funds the agency owns or holds for purposes of
718
this [chapter] title, [are] is exempt from levy and execution sale, and no execution or judicial
719
process may issue against agency property. A judgment against an agency may not be a charge
720
or lien upon agency property.
721
(b) Subsection (1)(a) does not apply to or limit the right of obligees to pursue any
722
remedies for the enforcement of any pledge or lien given by an agency on its funds or revenues.
723
(2) A judgment against the community that created the agency may not be a charge or
724
lien upon agency property.
725
(3) A judgment against an agency may not be a charge or lien upon property of the
726
community that created the agency.
727
Section 15.
Section
17C-1-303
, which is renumbered from Section 17B-4-303 is
728
renumbered and amended to read:
729
[17B-4-303]. 17C-1-303. Summary of sale or other disposition of agency
730
property -- Publication of summary.
731
(1) Upon the agency's sale, conveyance, grant, or other disposition of real property, the
732
agency shall prepare a summary of the material provisions of the disposition.
733
(2) Each summary under Subsection (1) shall be a matter of public record.
734
(3) The agency shall [publish each summary under Subsection (1) at least once in a
735
newspaper of general circulation in the agency's boundaries], no later than one month after the
736
disposition is concluded:
737
(a) publish each summary under Subsection (1) at least once in a newspaper of general
738
circulation in the agency's boundaries; or
739
(b) if there is no newspaper of general circulation, post the summary in three
740
conspicuous places within the agency's boundaries.
741
Section 16.
Section
17C-1-401
, which is renumbered from Section 17B-4-1001 is
742
renumbered and amended to read:
743
Part 4. Tax Increment
744
[17B-4-1001]. 17C-1-401. Agency receipt and use of tax increment and
745
sales tax -- Distribution of tax increment and sales tax.
746
(1) An agency may receive and use tax increment and sales tax, as provided in this
747
part.
748
(2) (a) The applicable length of time or number of years for which an agency is to be
749
paid tax increment or sales tax under this part shall be measured:
750
(i) for a pre-July 1, 1993 project area plan, from the first tax year regarding which the
751
agency accepts tax increment from the project area; [or]
752
(ii) for a post-June 30, 1993 redevelopment or economic development project area
753
plan, from the first tax year for which the agency [is to receive] receives tax increment [as
754
shown in] under the project area budget[.]; or
755
(iii) for a community development project area plan, as indicated in the resolution or
756
interlocal agreement of a taxing entity that establishes the agency's right to receive tax
757
increment or sales tax.
758
(b) Tax increment may not be paid to an agency for a tax year prior to the tax year
759
following:
760
(i) for a redevelopment or economic development project area plan, the effective date
761
of the project area plan[.]; and
762
(ii) for a community development project area plan, the effective date of the interlocal
763
agreement that establishes the agency's right to receive tax increment.
764
(3) With respect to a community development project area plan, a taxing entity may, by
765
resolution or through interlocal agreement, authorize an agency to be paid any or all of that
766
taxing entity's tax increment or sales tax for any period of time.
767
[(3)] (4) With the written consent of a taxing entity, an agency may be paid tax
768
increment, from that taxing entity's tax revenues only, in a higher percentage or for a longer
769
period of time, or both, than otherwise authorized under this [chapter] title.
770
[(4)] (5) Each county that collects property tax on property within a project area shall
771
pay and distribute to the agency the tax increment that the agency is entitled to collect under
772
this [chapter] title, in the manner and at the time provided in Section
59-2-1365
.
773
Section 17.
Section
17C-1-402
, which is renumbered from Section 17B-4-1002 is
774
renumbered and amended to read:
775
[17B-4-1002]. 17C-1-402. Taxing entity committee.
776
(1) Each agency that adopts or proposes to adopt a post-June 30, 1993 redevelopment
777
or economic development project area plan shall, and any other agency may, cause a taxing
778
entity committee to be created.
779
(2) (a) (i) Each taxing entity committee shall be composed of:
780
(A) two school district representatives appointed as provided in Subsection (2)(a)(ii);
781
(B) (I) in a county of the second, third, fourth, fifth, or sixth class, two representatives
782
appointed by resolution of the legislative body of the county in which the agency is located; or
783
(II) in a county of the first class, one representative appointed by the county executive
784
and one representative appointed by the legislative body of the county in which the agency is
785
located;
786
(C) if the agency was created by a city or town, two representatives appointed by
787
resolution of the legislative body of that city or town;
788
(D) one representative appointed by the State Board of Education; and
789
(E) one representative selected by majority vote of the legislative bodies or governing
790
boards of all other taxing entities that levy a tax on property within the agency's boundaries, to
791
represent the interests of those taxing entities on the taxing entity committee.
792
(ii) (A) If the agency boundaries include only one school district, that school district
793
shall appoint the two school district representatives under Subsection (2)(a)(i)(A).
794
(B) If the agency boundaries include more than one school district, those school
795
districts shall jointly appoint the two school district representatives under Subsection
796
(2)(a)(i)(A).
797
(b) (i) Each taxing entity committee representative under Subsection (2)(a) shall be
798
appointed within 30 days after the agency provides notice of the creation of the taxing entity
799
committee.
800
(ii) If a representative is not appointed within the time required under Subsection
801
(2)(b)(i), the agency board may appoint a person to serve on the taxing entity committee in the
802
place of the missing representative until that representative is appointed.
803
(c) (i) A taxing entity committee representative may be appointed for a set term or
804
period of time, as determined by the appointing authority under Subsection (2)(a)(i).
805
(ii) Each taxing entity committee representative shall serve until a successor is
806
appointed and qualified.
807
(d) (i) Upon the appointment of each representative under Subsection (2)(a)(i), whether
808
an initial appointment or an appointment to replace an already serving representative, the
809
appointing authority shall:
810
(A) notify the agency in writing of the name and address of the newly appointed
811
representative; and
812
(B) provide the agency a copy of the resolution making the appointment or, if the
813
appointment is not made by resolution, other evidence of the appointment.
814
(ii) Each appointing authority of a taxing entity committee representative under
815
Subsection (2)(a)(i) shall notify the agency in writing of any change of address of a
816
representative appointed by that appointing authority.
817
(3) A taxing entity committee represents all taxing entities regarding a redevelopment
818
or economic development project area and may:
819
(a) cast votes that will be binding on all taxing entities;
820
(b) negotiate with the agency concerning a draft project area plan;
821
(c) approve or disapprove a project area budget as provided in Section [
17B-4-505
]
822
17C-2-204
for a redevelopment project area budget and Section
17C-3-203
for an economic
823
development project area budget;
824
(d) approve or disapprove amendments to a project area budget as provided in Section
825
[
17B-4-507
]
17C-2-206
for a redevelopment project area budget and Section
17C-3-205
for an
826
economic development project area budget;
827
(e) approve exceptions to the limits on the value and size of a project area imposed
828
under this chapter;
829
(f) approve exceptions to the percentage of tax increment and the period of time that
830
tax increment is paid to the agency as provided in this [part] chapter;
831
(g) approve the use of tax increment for [access and utilities] publicly owned
832
infrastructure and improvements outside of a redevelopment or economic development project
833
area that the agency and community legislative body determine to be of benefit to the
834
redevelopment or economic development project area, as provided in Subsection
835
[
17B-4-1007
(1)(a)(ii)(D)]
17C-1-409
(1)(a)(iii)(D);
836
(h) waive the restrictions imposed by Subsection [
17B-4-503
(2)(a)]
17C-2-202
(1); and
837
(i) give other taxing entity committee approval or consent required or allowed under
838
this [chapter] title.
839
(4) A quorum of a taxing entity committee consists of:
840
[(a) except as provided in Subsection (4)(b):]
841
[(i)] (a) if the redevelopment or economic development project area is located within a
842
city or town, [five] six members; or
843
[(ii)] (b) if the redevelopment or economic development project area is not located
844
within a city or town, four members[; or].
845
[(b) for an education housing development project area as to which the school district
846
has elected under Subsection
17B-4-1004
(5) not to allow the agency to be paid tax increment
847
from school district tax revenues:]
848
[(i) if the project area is located within a city or town, three members; or]
849
[(ii) if the project area is not located within a city or town, two members.]
850
(5) Taxing entity committee approval, consent, or other action requires the affirmative
851
vote of [a majority of a quorum present at a taxing entity committee meeting.]:
852
(a) six members, if the project area is located within a city or town; or
853
(b) four members, if the project area is not located within a city or town.
854
(6) (a) An agency may call a meeting of the taxing entity committee by sending written
855
notice to the members of the taxing entity committee at least ten days before the date of the
856
meeting.
857
(b) Each notice under Subsection (6)(a) shall be accompanied by:
858
(i) the proposed agenda for the taxing entity committee meeting; and
859
(ii) if not previously provided and if they exist and are to be considered at the meeting:
860
(A) the redevelopment or economic development project area plan or proposed plan;
861
(B) the redevelopment or economic development project area budget or proposed
862
budget;
863
(C) the analysis required under Subsection
17C-2-103
(2) or
17C-3-103
(2);
864
(D) the blight study;
865
(E) the agency's resolution making a finding of blight under Subsection
866
17C-2-102
(1)(a)(iv)(B); and
867
(F) other documents to be considered by the taxing entity committee at the meeting.
868
(7) (a) A taxing entity committee may not vote on a proposed redevelopment or
869
economic development project area budget or proposed amendment to a redevelopment or
870
economic development project area budget at the first meeting at which the proposed budget or
871
amendment is considered unless all members of the taxing entity committee present at the
872
meeting consent.
873
(b) A second taxing entity committee meeting to consider a redevelopment or
874
economic development project area budget or a proposed amendment to a redevelopment or
875
economic development project area budget may not be held within 14 days after the first
876
meeting unless all members of the taxing entity committee present at the first meeting consent.
877
(8) Each taxing entity committee shall meet at least annually during the time that the
878
agency receives tax increment under a redevelopment or economic development project area
879
budget in order to review the status of the project area.
880
[(6)] (9) Each taxing entity committee shall be governed by Title 52, Chapter 4, Open
881
and Public Meetings.
882
[(7)] (10) Each time a school district representative or a representative of the State
883
Board of Education votes as a member of a taxing entity committee to allow an agency to be
884
paid tax increment or to increase the amount or length of time that an agency may be paid tax
885
increment, that representative shall, within 45 days after the vote, provide to the
886
representative's respective school board an explanation in writing of the representative's vote
887
and the reasons for the vote.
888
[(8)] (11) (a) The [assessor] auditor of each county in which the agency is located shall
889
provide a written report to the taxing entity committee stating, with respect to property within
890
each redevelopment and economic development project area:
891
(i) the base taxable value, as adjusted by any adjustments under Section[ 17B-4-1006]
892
17C-1-408
; and
893
(ii) the assessed value.
894
(b) With respect to the information required under Subsection [(8)] (11)(a), the
895
[assessor] auditor shall provide:
896
(i) actual amounts for each year from the adoption of the redevelopment and economic
897
development project area plan to the time of the report; and
898
(ii) estimated amounts for each year beginning the year after the time of the report and
899
ending the time that the agency expects no longer to be paid tax increment from property
900
within the redevelopment and economic development project area.
901
(c) The [assessor] auditor of the county in which the agency is located shall provide a
902
report under this Subsection [(8)] (11):
903
(i) at least annually; and
904
(ii) upon request of the taxing entity committee, before a taxing entity committee
905
meeting at which the committee will consider whether to allow the agency to be paid tax
906
increment or to increase the amount of tax increment that the agency may be paid or the length
907
of time that the agency may be paid tax increment.
908
(12) This section does not apply to a community development project area plan.
909
Section 18.
Section
17C-1-403
, which is renumbered from Section 17B-4-1003 is
910
renumbered and amended to read:
911
[17B-4-1003]. 17C-1-403. Tax increment under a pre-July 1, 1993 project
912
area plan.
913
(1) This section applies to tax increment under a pre-July 1, 1993 project area plan
914
only.
915
(2) (a) Beginning with the first tax year after April 1, 1983 for which an agency accepts
916
tax increment, an agency may be paid:
917
(i) (A) for the first through the fifth tax years, 100% of tax increment;
918
(B) for the sixth through the tenth tax years, 80% of tax increment;
919
(C) for the eleventh through the fifteenth tax years, 75% of tax increment;
920
(D) for the sixteenth through the twentieth tax years, 70% of tax increment; and
921
(E) for the twenty-first through the twenty-fifth tax years, 60% of tax increment; or
922
(ii) for an agency that has caused a taxing entity committee to be created under
923
Subsection [
17B-4-1002
]
17C-1-402
(1), any percentage of tax increment up to 100% and for
924
any length of time that the taxing entity committee approves.
925
(b) Notwithstanding any other provision of this section:
926
(i) an agency may be paid 100% of tax increment from a project area for 32 years after
927
April 1, 1983 to pay principal and interest on agency indebtedness incurred before April 1,
928
1983, even though the size of the project area from which tax increment is paid to the agency
929
exceeds 100 acres of privately owned property under a project area plan adopted on or before
930
April 1, 1983; and
931
(ii) for up to 32 years after April 1, 1983, an agency debt incurred before April 1, 1983
932
may be refinanced and paid from 100% of tax increment if the principal amount of the debt is
933
not increased in the refinancing.
934
(3) (a) For purposes of this Subsection (3), "additional tax increment" means the
935
difference between 100% of tax increment for a tax year and the amount of tax increment an
936
agency is paid for that tax year under the percentages and time periods specified in Subsection
937
(2)(a).
938
(b) Notwithstanding the tax increment percentages and time periods in Subsection
939
(2)(a) [and Subsection
17B-4-403
(1)(m)(i)], an agency may be paid additional tax increment
940
for a period ending 32 years after the first tax year after April 1, 1983 for which the agency
941
receives tax increment from the project area if:
942
(i) (A) the additional tax increment is used solely to pay all or part of the value of the
943
land for and the cost of the installation and construction of a publicly or privately owned
944
convention center or sports complex or any building, facility, structure, or other improvement
945
related to the convention center or sports complex, including parking and infrastructure
946
improvements;
947
(B) construction of the convention center or sports complex or related building,
948
facility, structure, or other improvement is commenced on or before June 30, 2002;
949
(C) the additional tax increment is pledged to pay all or part of the value of the land for
950
and the cost of the installation and construction of the convention center or sports complex or
951
related building, facility, structure, or other improvement; and
952
(D) the agency board and the community legislative body have determined by
953
resolution that the convention center or sports complex is:
954
(I) within and a benefit to a project area;
955
(II) not within but still a benefit to a project area; or
956
(III) within a project area in which substantially all of the land is publicly owned and a
957
benefit to the community; or
958
[(i)] (ii) (A) the additional tax increment is used to pay some or all of the cost of the
959
land for and installation and construction of a recreational facility, as defined in Section
960
59-12-702
, or a cultural facility, including parking and infrastructure improvements related to
961
the recreational or cultural facility, whether or not the facility is located within a project area;
962
[(ii)] (B) construction of the recreational or cultural facility is commenced on or before
963
December 31, 2005; and
964
[(iii)] (C) the additional tax increment is pledged on or before July 1, 2005, to pay all
965
or part of the cost of the land for and the installation and construction of the recreational or
966
cultural facility, including parking and infrastructure improvements related to the recreational
967
or cultural facility.
968
(c) Notwithstanding Subsection (3)(b)(ii), a school district may not, without its
969
consent, be paid less tax increment because of application of Subsection (3)(b)(ii) than it would
970
have been paid without that subsection.
971
(4) Notwithstanding any other provision of this section, an agency may use tax
972
increment received under Subsection (2) for any of the uses indicated in Subsection (3).
973
Section 19.
Section
17C-1-404
, which is renumbered from Section 17B-4-1004 is
974
renumbered and amended to read:
975
[17B-4-1004]. 17C-1-404. Tax increment under a post-June 30, 1993
976
project area plan.
977
(1) This section applies to tax increment under a post-June 30, 1993 project area plan
978
adopted before May 1, 2006, only.
979
(2) An agency board may provide in the project area budget for the agency to be paid:
980
(a) if 20% of the project area budget is allocated for housing under Section
981
[
17B-4-504
]
17C-2-203
:
982
(i) 100% of annual tax increment for 15 years;
983
(ii) 75% of annual tax increment for 24 years; or
984
(iii) if approved by the taxing entity committee, any percentage of tax increment up to
985
100%, or any specified dollar amount, for any period of time; or
986
(b) if 20% of the project area budget is not allocated for housing under Section
987
[
17B-4-504
]
17C-2-203
:
988
(i) 100% of annual tax increment for 12 years;
989
(ii) 75% of annual tax increment for 20 years; or
990
(iii) if approved by the taxing entity committee, any percentage of tax increment up to
991
100%, or any specified dollar amount, for any period of time.
992
[(3) (a) An agency may, without the approval of the taxing entity committee, elect to be
993
paid 100% of annual tax increment for each year beyond the periods specified in Subsection (2)
994
to a maximum of 25 years, including the years the agency is paid tax increment under
995
Subsection (2), if:]
996
[(i) for an agency in a city in which is located all or a portion of an interchange on I-15
997
or that would directly benefit from an interchange on I-15:]
998
[(A) the tax increment paid to the agency during the additional years is used to pay
999
some or all of the cost of the installation, construction, or reconstruction of:]
1000
[(I) an interchange on I-15, whether or not the interchange is located within a project
1001
area; or]
1002
[(II) frontage and other roads connecting to the interchange, as determined by the
1003
Department of Transportation created under Section
72-1-201
and the Transportation
1004
Commission created under Section
72-1-301
, whether or not the frontage or other road is
1005
located within a project area; and]
1006
[(B) the installation, construction, or reconstruction of the interchange or frontage and
1007
other roads has begun on or before June 30, 2002;]
1008
[(ii) for an agency in a city of the first or second class:]
1009
[(A) the tax increment paid to the agency during the additional years is used to pay
1010
some or all of the cost of the land for and installation and construction of a recreational facility,
1011
as defined in Section
59-12-702
, or a cultural facility, including parking and infrastructure
1012
improvements related to the recreational or cultural facility, whether or not the facility is
1013
located within a project area; and]
1014
[(B) the installation or construction of the recreational or cultural facility has begun on
1015
or before June 30, 2002.]
1016
[(b) Notwithstanding any other provision of this section, an agency may use tax
1017
increment received under Subsection (2) for any of the uses indicated in this Subsection (3).]
1018
[(c) Notwithstanding Subsection (3)(a), a school district may not, without its consent,
1019
receive less tax increment because of application of Subsection (3)(a) than it would have
1020
received without that subsection.]
1021
[(4) An agency may not be paid tax increment from the project area for more than 25
1022
years.]
1023
[(5) (a) A school district that levies a tax on property located within a project area
1024
under an education housing development project area plan may elect not to allow the agency to
1025
be paid tax increment from the property tax revenues generated by the school district.]
1026
[(b) An election under Subsection (5)(a) shall be made in writing to the agency before
1027
the taxing entity committee's approval of the project area budget.]
1028
[(c) If a school district makes an election under this Subsection (5):]
1029
[(i) the agency may not be paid tax increment from property tax revenues generated by
1030
the school district; and]
1031
[(ii) the school district representatives and the State Board of Education representative
1032
on the taxing entity committee may not vote on any matter concerning the education housing
1033
development project area or project area budget.]
1034
Section 20.
Section
17C-1-405
is enacted to read:
1035
17C-1-405. Tax increment under a project area plan adopted on or after May 1,
1036
2006.
1037
(1) This section applies to tax increment under a project area plan adopted on or after
1038
May 1, 2006.
1039
(2) Subject to the approval of the taxing entity committee, an agency board may
1040
provide in the project area budget for the agency to be paid any percentage of tax increment up
1041
to 100% or any specified dollar amount of tax increment for any period of time.
1042
Section 21.
Section
17C-1-406
is enacted to read:
1043
17C-1-406. Additional tax increment under certain post-June 30, 1993 project
1044
area plans.
1045
(1) This section applies to a post-June 30, 1993 project area plan adopted before May
1046
1, 2006.
1047
(2) An agency may, without the approval of the taxing entity committee, elect to be
1048
paid 100% of annual tax increment for each year beyond the periods specified in Subsection
1049
17C-1-404
(2) to a maximum of 25 years, including the years the agency is paid tax increment
1050
under Subsection
17C-1-404
(2), if:
1051
(a) for an agency in a city in which is located all or a portion of an interchange on I-15
1052
or that would directly benefit from an interchange on I-15:
1053
(i) the tax increment paid to the agency during the additional years is used to pay some
1054
or all of the cost of the installation, construction, or reconstruction of:
1055
(A) an interchange on I-15, whether or not the interchange is located within a project
1056
area; or
1057
(B) frontage and other roads connecting to the interchange, as determined by the
1058
Department of Transportation created under Section
72-1-201
and the Transportation
1059
Commission created under Section
72-1-301
, whether or not the frontage or other road is
1060
located within a project area; and
1061
(ii) the installation, construction, or reconstruction of the interchange or frontage and
1062
other roads has begun on or before June 30, 2002; or
1063
(b) for an agency in a city of the first or second class:
1064
(i) the tax increment paid to the agency during the additional years is used to pay some
1065
or all of the cost of the land for and installation and construction of a recreational facility, as
1066
defined in Section
59-12-702
, or a cultural facility, including parking and infrastructure
1067
improvements related to the recreational or cultural facility, whether or not the facility is
1068
located within a project area; and
1069
(ii) the installation or construction of the recreational or cultural facility has begun on
1070
or before June 30, 2002.
1071
(3) Notwithstanding any other provision of this section, an agency may use tax
1072
increment received under Subsection
17C-1-404
(2) for any of the uses indicated in this section.
1073
(4) Notwithstanding Subsection (2), a school district may not, without its consent,
1074
receive less tax increment because of application of Subsection (2) than it would have received
1075
without that subsection.
1076
Section 22.
Section
17C-1-407
, which is renumbered from Section 17B-4-1005 is
1077
renumbered and amended to read:
1078
[17B-4-1005]. 17C-1-407. Limitations on tax increment.
1079
(1) (a) If the development of retail sales of goods is the primary objective of [the] a
1080
redevelopment project area, tax increment from the redevelopment project area may not be paid
1081
to or used by an agency unless a finding of blight is made under Chapter 2, Part [6] 3, Blight
1082
Determination in Redevelopment Project Areas.
1083
(b) [Incidental or subordinate development] Development of retail sales of goods does
1084
not disqualify an agency from receiving tax increment.
1085
(c) [From] After July 1, 2005 [through June 30, 2006], an agency may not be paid or
1086
use tax increment generated from the value of property within an economic development [or
1087
education housing development] project area that is attributable to the development of retail
1088
sales of goods, unless the tax increment was previously pledged to pay for bonds or other
1089
contractual obligations of the agency.
1090
(2) (a) An agency may not be paid any portion of a taxing entity's taxes resulting from
1091
an increase in the taxing entity's tax rate that occurs after the taxing entity committee approves
1092
the project area budget unless, at the time the taxing entity committee approves the project area
1093
budget, the taxing entity committee approves payment of those increased taxes to the agency.
1094
(b) If the taxing entity committee does not approve of payment of the increased taxes to
1095
the agency under Subsection (2)(a), the county shall distribute to the taxing entity the taxes
1096
attributable to the tax rate increase in the same manner as other property taxes.
1097
Section 23.
Section
17C-1-408
, which is renumbered from Section 17B-4-1006 is
1098
renumbered and amended to read:
1099
[17B-4-1006]. 17C-1-408. Base taxable value to be adjusted to reflect other
1100
changes.
1101
(1) (a) (i) As used in this Subsection (1), "qualifying decrease" means:
1102
(A) a decrease of more than 20% from the previous tax year's levy; or
1103
(B) a cumulative decrease over a consecutive five-year period of more than 100% from
1104
the levy in effect at the beginning of the five-year period.
1105
(ii) The year in which a qualifying decrease under Subsection (1)(a)(i)(B) occurs is the
1106
fifth year of the five-year period.
1107
(b) If there is a qualifying decrease in the minimum basic school levy under Section
1108
59-2-902
that would result in a reduction of the amount of tax increment to be paid to an
1109
agency:
1110
(i) the base taxable value of taxable property within the project area shall be reduced in
1111
the year of the qualifying decrease to the extent necessary, even if below zero, to provide the
1112
agency with approximately the same amount of tax increment that would have been paid to the
1113
agency each year had the qualifying decrease not occurred; and
1114
(ii) the amount of tax increment paid to the agency each year for the payment of bonds
1115
and indebtedness may not be less than what would have been paid to the agency if there had
1116
been no qualifying decrease.
1117
(2) (a) The amount of the base taxable value to be used in determining tax increment
1118
shall be:
1119
(i) increased or decreased by the amount of an increase or decrease that results from:
1120
(A) a statute enacted by the Legislature or by the people through an initiative;
1121
(B) a judicial decision;
1122
(C) an order from the State Tax Commission to a county to adjust or factor its
1123
assessment rate under Subsection
59-2-704
(2);
1124
(D) a change in exemption provided in Utah Constitution Article XIII, Section 2, or
1125
Section
59-2-103
; or
1126
(E) an increase or decrease in the percentage of fair market value, as defined under
1127
Section
59-2-102
; and
1128
(ii) reduced for any year to the extent necessary, even if below zero, to provide an
1129
agency with approximately the same amount of money the agency would have received without
1130
a reduction in the county's certified tax rate if:
1131
(A) in that year there is a decrease in the county's certified tax rate under Subsection
1132
59-2-924
(2)(c) or (d)(i);
1133
(B) the amount of the decrease is more than 20% of the county's certified tax rate of the
1134
previous year; and
1135
(C) the decrease would result in a reduction of the amount of tax increment to be paid
1136
to the agency.
1137
(b) Notwithstanding an increase or decrease under Subsection (2)(a), the amount of tax
1138
increment paid to an agency each year for payment of bonds or other indebtedness may not be
1139
less than would have been paid to the agency each year if there had been no increase or
1140
decrease under Subsection (2)(a).
1141
Section 24.
Section
17C-1-409
, which is renumbered from Section 17B-4-1007 is
1142
renumbered and amended to read:
1143
[17B-4-1007]. 17C-1-409. Allowable uses of tax increment and sales tax.
1144
(1) (a) An agency may use tax increment and sales tax proceeds received from a taxing
1145
entity:
1146
(i) for any of the purposes for which the use of tax increment is authorized under this
1147
[chapter] title;
1148
(ii) for administrative, overhead, legal, and other operating expenses of the agency; or
1149
[(ii)] (iii) to pay for, including financing or refinancing, all or part of:
1150
(A) the redevelopment, economic development, or [education housing] community
1151
development in the project area from which the tax increment funds were collected;
1152
(B) housing expenditures, projects, or programs as provided in Section [
17B-4-1009
]
1153
17C-1-411
or [
17B-4-1010
]
17C-1-412
;
1154
(C) with the consent of the community legislative body and subject to Subsection [(3)]
1155
(6), the value of the land for and the cost of the installation and construction of any publicly
1156
owned building, facility, structure, landscaping, or other improvement within the project area
1157
from which the tax increment funds were collected; and
1158
(D) with the consent of the community legislative body and the taxing entity
1159
committee, the cost of the installation of publicly owned [utilities and access] infrastructure
1160
and improvements outside the project area from which the tax increment funds were collected
1161
if the agency board and the community legislative body determine by resolution that the
1162
[utilities and access] publicly owned infrastructure and improvements are of benefit to the
1163
project area[; or].
1164
[(iii) for administrative, overhead, legal, and other operating expenses of the agency.]
1165
(b) The determination of the agency board and the community legislative body under
1166
Subsection (1)(a)[(ii)](iii)(D) regarding benefit to the project area shall be final and conclusive.
1167
(2) Sales tax proceeds that an agency receives from another public entity are not
1168
subject to the prohibition or limitations of Title 11, Chapter 41, Prohibition on Sales and Use
1169
Tax Incentive Payments Act.
1170
(3) An agency may use sales tax proceeds it receives under a resolution or interlocal
1171
agreement under Section
17C-4-201
for the uses authorized in the resolution or interlocal
1172
agreement.
1173
[(2)] (4) (a) An agency may contract with the community that created the agency or
1174
another public entity to use tax increment to reimburse the cost of items authorized by this
1175
[chapter] title to be paid by the agency that have been or will be paid by the community or
1176
other public entity.
1177
(b) If land has been or will be acquired or the cost of an improvement has been or will
1178
be paid by another public entity and the land or improvement has been or will be leased to the
1179
community, an agency may contract with and make reimbursement from tax increment funds to
1180
the community.
1181
(5) An agency created by a city of the first or second class may use tax increment from
1182
one project area in another project area to pay all or part of the value of the land for and the
1183
cost of the installation and construction of a publicly or privately owned convention center or
1184
sports complex or any building, facility, structure, or other improvement related to the
1185
convention center or sports complex, including parking and infrastructure improvements, if:
1186
(a) construction of the convention center or sports complex or related building, facility,
1187
structure, or other improvement is commenced on or before June 30, 2002; and
1188
(b) the tax increment is pledged to pay all or part of the value of the land for and the
1189
cost of the installation and construction of the convention center or sports complex or related
1190
building, facility, structure, or other improvement.
1191
[(3)] (6) Notwithstanding any other provision of this [chapter] title, an agency may not
1192
use tax increment to construct municipal buildings, courts or other judicial buildings, or fire
1193
stations.
1194
[(4)] (7) Notwithstanding any other provision of this [chapter] title, an agency may not
1195
use tax increment under a redevelopment or economic development project area plan, to pay
1196
any of the cost of the land, infrastructure, or construction of a stadium or arena constructed
1197
after March 1, 2005, unless the tax increment has been pledged for that purpose before
1198
February 15, 2005.
1199
Section 25.
Section
17C-1-410
, which is renumbered from Section 17B-4-1008 is
1200
renumbered and amended to read:
1201
[17B-4-1008]. 17C-1-410. Agency may make payments to other taxing
1202
entities.
1203
(1) [An] Subject to Subsection (3), an agency may grant tax increment or other agency
1204
funds to a taxing entity to offset some or all of the tax revenues that the taxing entity did not
1205
receive because of tax increment paid to the agency.
1206
(2) (a) [An] Subject to Subsection (3), an agency may use tax increment or other
1207
agency funds to pay to a school district an amount of money that the agency determines to be
1208
appropriate to alleviate a financial burden or detriment borne by the school district because of
1209
the redevelopment, economic development, or [education housing] community development.
1210
(b) Each agency that agrees to pay money to a school district under the authority of
1211
Subsection (2)(a) shall provide a copy of that agreement to the State Board of Education.
1212
(3) (a) If an agency intends to pay agency funds to one or more taxing entities under
1213
Subsection (1) or (2) but does not intend to pay funds to all taxing entities in proportionally
1214
equal amounts, the agency shall provide written notice to each taxing entity of its intent.
1215
(b) (i) A taxing entity receiving notice under Subsection (3)(a) may elect not to have its
1216
tax increment collected and used to pay funds to other taxing entities under this section.
1217
(ii) Each election under Subsection (3)(b)(i) shall be:
1218
(A) in writing; and
1219
(B) delivered to the agency within 30 days after the taxing entity's receipt of the notice
1220
under Subsection (3)(a).
1221
(c) If a taxing entity makes an election under Subsection (3)(b), the portion of that
1222
taxing entity's tax increment that would have been used by the agency to pay funds under this
1223
section to one or more other taxing entities may not be collected from the taxing entity.
1224
Section 26.
Section
17C-1-411
, which is renumbered from Section 17B-4-1009 is
1225
renumbered and amended to read:
1226
[17B-4-1009]. 17C-1-411. Agency may use tax increment for housing costs
1227
in other project areas -- Funds to be held in separate accounts.
1228
[(1) For purposes of this section, "affordable housing" means housing to be owned or
1229
occupied by persons and families of low or moderate income, as determined by resolution of
1230
the agency.]
1231
[(2)] (1) An agency may:
1232
(a) use tax increment from a project area to pay all or part of the value of the land for
1233
and the cost of installation, construction, and rehabilitation of any building, facility, structure,
1234
or other housing improvement, including infrastructure improvements related to housing,
1235
located in any project area within the agency's boundaries; and
1236
(b) use up to 20% of tax increment outside of project areas for the purpose of replacing
1237
housing units lost by redevelopment, economic development, or [education housing]
1238
community development, or increasing, improving, and preserving generally the affordable
1239
housing supply of the community that created the agency.
1240
[(3)] (2) (a) Each agency shall separately account for funds allocated under this section.
1241
(b) Interest earned by the housing fund and any payments or repayments made to the
1242
agency for loans, advances, or grants of any kind from the fund, shall accrue to the housing
1243
fund.
1244
(c) Each agency designating a housing fund under this section shall use the fund for:
1245
(i) the purposes set forth in this section; or
1246
(ii) the purposes set forth in this [chapter] title relating to the redevelopment, economic
1247
development, or [education housing] community development project area from which the
1248
funds originated.
1249
[(4)] (3) An agency may lend, grant, or contribute funds from the housing fund to a
1250
person, public entity, housing authority, private entity or business, or nonprofit corporation for
1251
affordable housing.
1252
Section 27.
Section
17C-1-412
, which is renumbered from Section 17B-4-1010 is
1253
renumbered and amended to read:
1254
[17B-4-1010]. 17C-1-412. Income targeted housing -- Agency may use tax
1255
increment for income targeted housing.
1256
[(1) As used in this section:]
1257
[(a) "Annual income" has the meaning as defined under regulations of the U.S.
1258
Department of Housing and Urban Development, 24 CFR, Part 813, as amended or as
1259
superseded by replacement regulations.]
1260
[(b) "Fair share ratio" means the ratio derived by:]
1261
[(i) for a city or town, comparing the percentage of all housing units within the city or
1262
town that are publicly subsidized income targeted housing units to the percentage of all
1263
housing units within the whole county that are publicly subsidized income targeted housing
1264
units; or]
1265
[(ii) for the unincorporated part of a county, comparing the percentage of all housing
1266
units within the unincorporated county that are publicly subsidized income targeted housing
1267
units to the percentage of all housing units within the whole county that are publicly subsidized
1268
income targeted housing units.]
1269
[(c) "Family" has the meaning as defined under regulations of the U.S. Department of
1270
Housing and Urban Development, 24 CFR, Part 813, as amended or as superseded by
1271
replacement regulations.]
1272
[(d) "Housing funds" means the funds allocated in the project area budget under
1273
Section
17B-4-504
for the purposes provided in Subsection (2).]
1274
[(e) "Income targeted housing" means housing to be owned or occupied by a family
1275
whose annual income is at or below 80% of the median annual income for the county in which
1276
the housing is located.]
1277
[(f) "Unincorporated" means not within a city or town.]
1278
[(2)] (1) (a) Each agency shall use all funds allocated for housing under this section to:
1279
(i) pay part or all of the cost of land or construction of income targeted housing within
1280
the community that created the agency, if practicable in a mixed income development or area;
1281
(ii) pay part or all of the cost of rehabilitation of income targeted housing within the
1282
community that created the agency;
1283
(iii) pay part or all of the cost of land or installation, construction, or rehabilitation of
1284
any building, facility, structure, or other housing improvement, including infrastructure
1285
improvements, related to housing located in a project area where blight has been found to exist;
1286
(iv) replace housing units lost as a result of the redevelopment, economic development,
1287
or [education housing] community development;
1288
(v) make payments on or establish a reserve fund for bonds:
1289
(A) issued by the agency, the community, or the housing authority that provides
1290
income targeted housing within the community; and
1291
(B) all or part of the proceeds of which are used within the community for the purposes
1292
stated in Subsection [(2)] (1)(a)(i), (ii), (iii), or (iv); or
1293
(vi) if the community's fair share ratio at the time of the first adoption of the project
1294
area budget is at least 1.1 to 1.0, make payments on bonds:
1295
(A) that were previously issued by the agency, the community, or the housing authority
1296
that provides income targeted housing within the community; and
1297
(B) all or part of the proceeds of which were used within the community for the
1298
purposes stated in Subsection [(2)] (1)(a)(i), (ii), (iii), or (iv).
1299
(b) As an alternative to the requirements of Subsection [(2)] (1)(a), an agency may pay
1300
all or any portion of housing funds to:
1301
(i) the community for use as provided under Subsection [(2)] (1)(a);
1302
(ii) the housing authority that provides income targeted housing within the community
1303
for use in providing income targeted housing within the community; or
1304
(iii) the Olene Walker Housing Loan Fund, established under Title 9, Chapter 4, Part 7,
1305
Olene Walker Housing Loan Fund, for use in providing income targeted housing within the
1306
community.
1307
[(3)] (2) The agency or community shall separately account for the housing funds,
1308
together with all interest earned by the housing funds and all payments or repayments for loans,
1309
advances, or grants from the housing funds.
1310
[(4)] (3) In using housing funds under Subsection [(2)] (1)(a), an agency may lend,
1311
grant, or contribute housing funds to a person, public body, housing authority, private entity or
1312
business, or nonprofit organization for use as provided in Subsection [(2)] (1)(a).
1313
[(5)] (4) An agency may:
1314
(a) issue bonds from time to time to finance a housing undertaking under this section,
1315
including the payment of principal and interest upon advances for surveys and plans or
1316
preliminary loans; and
1317
(b) issue refunding bonds for the payment or retirement of bonds under Subsection
1318
[(5)] (4)(a) previously issued by the agency.
1319
[(6)] (5) (a) If an agency fails to provide housing funds in accordance with the project
1320
area budget and, if applicable, the housing plan adopted under Subsection [
17B-4-505
]
1321
17C-2-204
(2), the loan fund board may bring legal action to compel the agency to provide the
1322
housing funds.
1323
(b) In an action under Subsection [(6)] (5)(a), the court:
1324
(i) shall award the loan fund board a reasonable attorney's fee, unless the court finds
1325
that the action was frivolous; and
1326
(ii) may not award the agency its attorney's fees, unless the court finds that the action
1327
was frivolous.
1328
Section 28.
Section
17C-1-413
, which is renumbered from Section 17B-4-1011 is
1329
renumbered and amended to read:
1330
[17B-4-1011]. 17C-1-413. Base taxable value for new tax.
1331
For purposes of calculating tax increment with respect to a tax that a taxing entity levies
1332
for the first time after the effective date of the project area plan, the base taxable value shall be
1333
used, subject to any adjustments under Section [
17B-4-1006
]
17C-1-408
.
1334
Section 29.
Section
17C-1-501
, which is renumbered from Section 17B-4-1201 is
1335
renumbered and amended to read:
1336
Part 5. Bonds
1337
[17B-4-1201]. 17C-1-501. Resolution authorizing issuance of agency bonds
1338
-- Characteristics of bonds.
1339
(1) An agency may not issue bonds under this part unless the agency board first adopts
1340
a resolution authorizing their issuance.
1341
(2) (a) As provided in the agency resolution authorizing the issuance of bonds under
1342
this part or the trust indenture under which the bonds are issued, bonds issued under this part
1343
may be issued in one or more series and may be sold at public or private sale and in the manner
1344
provided in the resolution or indenture.
1345
(b) Bonds issued under this part shall bear the date, be payable at the time, bear interest
1346
at the rate, be in the denomination and in the form, carry the conversion or registration
1347
privileges, have the rank or priority, be executed in the manner, be subject to the terms of
1348
redemption or tender, with or without premium, be payable in the medium of payment and at
1349
the place, and have other characteristics as provided in the agency resolution authorizing their
1350
issuance or the trust indenture under which they are issued.
1351
Section 30.
Section
17C-1-502
, which is renumbered from Section 17B-4-1202 is
1352
renumbered and amended to read:
1353
[17B-4-1202]. 17C-1-502. Sources from which bonds may be made payable
1354
-- Agency powers regarding bonds.
1355
(1) The principal and interest on bonds issued by an agency may be made payable
1356
from:
1357
(a) the income and revenues of the projects financed with the proceeds of the bonds;
1358
(b) the income and revenues of certain designated projects whether or not they were
1359
financed in whole or in part with the proceeds of the bonds;
1360
(c) the income, proceeds, revenues, property, and funds of the agency derived from or
1361
held in connection with its undertaking and carrying out redevelopment, economic
1362
development, or [education housing] community development;
1363
(d) tax increment funds;
1364
(e) agency revenues generally;
1365
(f) a contribution, loan, grant, or other financial assistance from the federal government
1366
or a public entity in aid of redevelopment, economic development, or [education housing]
1367
community development; or
1368
(g) funds derived from any combination of the methods listed in Subsections (1)(a)
1369
through (f).
1370
(2) In connection with the issuance of agency bonds, an agency may:
1371
(a) pledge all or any part of its gross or net rents, fees, or revenues to which its right
1372
then exists or may thereafter come into existence;
1373
(b) encumber by mortgage, deed of trust, or otherwise all or any part of its real or
1374
personal property, then owned or thereafter acquired; and
1375
(c) make the covenants and take the action that may be necessary, convenient, or
1376
desirable to secure its bonds, or, except as otherwise provided in this chapter, that will tend to
1377
make the bonds more marketable, even though such covenants or actions are not specifically
1378
enumerated in this chapter.
1379
Section 31.
Section
17C-1-503
, which is renumbered from Section 17B-4-1203 is
1380
renumbered and amended to read:
1381
[17B-4-1203]. 17C-1-503. Signature of officer who leaves office.
1382
If an agency officer whose signature appears on a bond issued under this part leaves
1383
office before delivery of the bond, the signature shall continue to be valid as if the official had
1384
remained in office until delivery of the bond.
1385
Section 32.
Section
17C-1-504
, which is renumbered from Section 17B-4-1204 is
1386
renumbered and amended to read:
1387
[17B-4-1204]. 17C-1-504. Contesting the legality of resolution authorizing
1388
bonds -- Time limit -- Presumption.
1389
(1) Any person may contest the legality of the resolution authorizing issuance of the
1390
bonds or any provisions for the security and payment of the bonds for a period of 30 days after:
1391
(a) publication of the resolution authorizing the bonds; or
1392
(b) publication of a notice of bonds containing substantially the items required under
1393
Subsection
11-14-316
(2).
1394
(2) After the 30-day period under Subsection (1), no lawsuit or other proceeding may
1395
be brought contesting the regularity, formality, or legality of the bonds for any reason.
1396
(3) In a lawsuit or other proceeding involving the question of whether a bond issued
1397
under this part is valid or enforceable or involving the security for a bond, if a bond recites that
1398
the agency issued the bond in connection with a redevelopment, economic development, or
1399
[education housing] community development:
1400
(a) the bond shall be conclusively presumed to have been issued for that purpose; and
1401
(b) the project area plan and project area shall be conclusively presumed to have been
1402
properly formed, adopted, planned, located, and carried out in accordance with this [chapter]
1403
title.
1404
Section 33.
Section
17C-1-505
, which is renumbered from Section 17B-4-1205 is
1405
renumbered and amended to read:
1406
[17B-4-1205]. 17C-1-505. Authority to purchase agency bonds.
1407
(1) Any person, firm, corporation, association, political subdivision of the state, or
1408
other entity or public or private officer may purchase bonds issued by an agency under this part
1409
with funds owned or controlled by the purchaser.
1410
(2) Nothing in this section may be construed to relieve a purchaser of agency bonds of
1411
any duty to exercise reasonable care in selecting securities.
1412
Section 34.
Section
17C-1-506
, which is renumbered from Section 17B-4-1206 is
1413
renumbered and amended to read:
1414
[17B-4-1206]. 17C-1-506. Those executing bonds not personally liable --
1415
Limitation of obligations under bonds -- Negotiability.
1416
(1) A member of an agency board or other person executing an agency bond is not
1417
liable personally on the bond.
1418
(2) (a) A bond issued by an agency is not a general obligation or liability of the
1419
community, the state, or any of its political subdivisions and does not constitute a charge
1420
against their general credit or taxing powers.
1421
(b) A bond issued by an agency is not payable out of any funds or properties other than
1422
those of the agency.
1423
(c) The community, the state, and its political subdivisions may not be liable on a bond
1424
issued by an agency.
1425
(d) A bond issued by an agency does not constitute indebtedness within the meaning of
1426
any constitutional or statutory debt limitation.
1427
(3) A bond issued by an agency under this part is fully negotiable.
1428
Section 35.
Section
17C-1-507
, which is renumbered from Section 17B-4-1207 is
1429
renumbered and amended to read:
1430
[17B-4-1207]. 17C-1-507. Obligee rights -- Board may confer other rights.
1431
(1) In addition to all other rights that are conferred on an obligee of a bond issued by an
1432
agency under this part and subject to contractual restrictions binding on the obligee, an obligee
1433
may:
1434
(a) by mandamus, suit, action, or other proceeding, compel an agency and its board,
1435
officers, agents, or employees to perform every term, provision, and covenant contained in any
1436
contract of the agency with or for the benefit of the obligee, and require the agency to carry out
1437
the covenants and agreements of the agency and to fulfill all duties imposed on the agency by
1438
this part; and
1439
(b) by suit, action, or proceeding in equity, enjoin any acts or things that may be
1440
unlawful or violate the rights of the obligee.
1441
(2) (a) In a board resolution authorizing the issuance of bonds or in a trust indenture,
1442
mortgage, lease, or other contract, an agency board may confer upon an obligee holding or
1443
representing a specified amount in bonds, the rights described in Subsection (2)(b), to accrue
1444
upon the happening of an event or default prescribed in the resolution, indenture, mortgage,
1445
lease, or other contract, and to be exercised by suit, action, or proceeding in any court of
1446
competent jurisdiction.
1447
(b) (i) The rights that the board may confer under Subsection (2)(a) are the rights to:
1448
(A) cause possession of all or part of a redevelopment, economic development, or
1449
[education housing] community development project to be surrendered to an obligee;
1450
(B) obtain the appointment of a receiver of all or part of an agency's redevelopment,
1451
economic development, or [education housing] community development project and of the
1452
rents and profits from it; and
1453
(C) require the agency and its board and employees to account as if the agency and the
1454
board and employees were the trustees of an express trust.
1455
(ii) If a receiver is appointed through the exercise of a right granted under Subsection
1456
(2)(b)(i)(B), the receiver:
1457
(A) may enter and take possession of the redevelopment, economic development, or
1458
[education housing] community development project or any part of it, operate and maintain it,
1459
and collect and receive all fees, rents, revenues, or other charges arising from it after the
1460
receiver's appointment; and
1461
(B) shall keep money collected as receiver for the agency in separate accounts and
1462
apply it pursuant to the agency obligations as the court directs.
1463
Section 36.
Section
17C-1-508
, which is renumbered from Section 17B-4-1208 is
1464
renumbered and amended to read:
1465
[17B-4-1208]. 17C-1-508. Bonds exempt from taxes -- Agency may
1466
purchase its own bonds.
1467
(1) A bond issued by an agency under this part is issued for an essential public and
1468
governmental purpose and is, together with interest on the bond and income from it, exempt
1469
from all state taxes except the corporate franchise tax.
1470
(2) An agency may purchase its own bonds at a price that its board determines.
1471
(3) Nothing in this section may be construed to limit the right of an obligee to pursue a
1472
remedy for the enforcement of a pledge or lien given under this part by an agency on its rents,
1473
fees, grants, properties, or revenues.
1474
Section 37.
Section
17C-1-601
, which is renumbered from Section 17B-4-1301 is
1475
renumbered and amended to read:
1476
Part 6. Agency Annual Budget and Audit and Other Provisions
1477
[17B-4-1301]. 17C-1-601. Annual agency budget -- Fiscal year -- Public
1478
hearing required -- Auditor forms -- Requirement to file form.
1479
(1) Each agency shall prepare and its board adopt an annual budget of revenues and
1480
expenditures for the agency for each fiscal year.
1481
(2) Each annual agency budget shall be adopted:
1482
(a) for an agency created by a city or town, before June 22; or
1483
(b) for an agency created by a county, before December 15.
1484
(3) The agency's fiscal year shall be the same as the fiscal year of the community that
1485
created the agency.
1486
(4) (a) Before adopting an annual budget, each agency board shall hold a public hearing
1487
on the annual budget.
1488
(b) Each agency shall provide notice of the public hearing on the annual budget by:
1489
(i) publishing at least one notice in a newspaper of general circulation within the
1490
agency boundaries, one week before the public hearing; or
1491
(ii) if there is no newspaper of general circulation within the agency boundaries,
1492
posting a notice of the public hearing in at least three public places within the agency
1493
boundaries.
1494
(c) Each agency shall make the annual budget available for public inspection at least
1495
three days before the date of the public hearing.
1496
(5) The state auditor shall prescribe the budget forms and the categories to be contained
1497
in each agency budget, including:
1498
(a) revenues and expenditures for the budget year;
1499
(b) legal fees; and
1500
(c) administrative costs, including rent, supplies, and other materials, and salaries of
1501
agency personnel.
1502
(6) (a) Within 30 days after adopting an annual budget, each agency board shall file a
1503
copy of the annual budget with the auditor of the county in which the agency is located, the
1504
State Tax Commission, the state auditor, the State Board of Education, and each taxing entity
1505
that levies a tax on property from which the agency collects tax increment.
1506
(b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
1507
state as a taxing entity is met if the agency files a copy with the State Tax Commission and the
1508
state auditor.
1509
Section 38.
Section
17C-1-602
, which is renumbered from Section 17B-4-1302 is
1510
renumbered and amended to read:
1511
[17B-4-1302]. 17C-1-602. Amending the agency annual budget.
1512
(1) An agency board may by resolution amend an annual agency budget.
1513
(2) An amendment of the annual agency budget that would increase the total
1514
expenditures may be made only after public hearing by notice published as required for initial
1515
adoption of the annual budget.
1516
(3) An agency may not make expenditures in excess of the total expenditures
1517
established in the annual budget as it is adopted or amended.
1518
Section 39.
Section
17C-1-603
, which is renumbered from Section 17B-4-1303 is
1519
renumbered and amended to read:
1520
[17B-4-1303]. 17C-1-603. Agency report.
1521
(1) (a) On or before November 1 of each year, each agency shall prepare and file a
1522
report with the county auditor, the State Tax Commission, the State Board of Education, and
1523
each taxing entity that levies a tax on property from which the agency collects tax increment.
1524
(b) The requirement of Subsection (1)(a) to file a copy of the report with the state as a
1525
taxing entity is met if the agency files a copy with the State Tax Commission and the state
1526
auditor.
1527
(2) Each report under Subsection (1) shall contain:
1528
(a) an estimate of the tax increment to be paid to the agency for the calendar year
1529
ending December 31; and
1530
(b) an estimate of the tax increment to be paid to the agency for the calendar year
1531
beginning the next January 1.
1532
Section 40.
Section
17C-1-604
, which is renumbered from Section 17B-4-1304 is
1533
renumbered and amended to read:
1534
[17B-4-1304]. 17C-1-604. Audit requirements.
1535
Each agency shall comply with the audit requirements of Title 51, Chapter 2a,
1536
Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
1537
Entities Act.
1538
Section 41.
Section
17C-1-605
, which is renumbered from Section 17B-4-1305 is
1539
renumbered and amended to read:
1540
[17B-4-1305]. 17C-1-605. Audit report.
1541
(1) Each agency required to be audited under Section [
17B-4-1304
]
17C-1-604
shall,
1542
within 180 days after the end of the agency's fiscal year, file a copy of the audit report with the
1543
county auditor, the State Tax Commission, the State Board of Education, and each taxing entity
1544
that levies a tax on property from which the agency collects tax increment.
1545
(2) Each audit report under Subsection (1) shall include:
1546
(a) the tax increment collected by the agency for each project area;
1547
(b) the amount of tax increment paid to each taxing entity under Section [
17B-4-1008
]
1548
17C-1-410
;
1549
(c) the outstanding principal amount of bonds issued or other loans incurred to finance
1550
the costs associated with the agency's project areas; and
1551
(d) the actual amount expended for:
1552
(i) acquisition of property;
1553
(ii) site improvements or site preparation costs;
1554
(iii) installation of public utilities or other public improvements; and
1555
(iv) administrative costs of the agency.
1556
Section 42.
Section
17C-1-606
, which is renumbered from Section 17B-4-1306 is
1557
renumbered and amended to read:
1558
[17B-4-1306]. 17C-1-606. County auditor report on project areas.
1559
(1) (a) On or before March 31 of each year, the auditor of each county in which an
1560
agency is located shall prepare a report on the project areas within each agency.
1561
(b) The county auditor shall send a copy of each report under Subsection (1)(a) to the
1562
agency that is the subject of the report, the State Tax Commission, the State Board of
1563
Education, and each taxing entity that levies a tax on property from which the agency collects
1564
tax increment.
1565
(2) Each report under Subsection (1)(a) shall report:
1566
(a) the total assessed property value within each project area for the previous tax year;
1567
(b) the base taxable value of property within each project area for the previous tax year;
1568
(c) the tax increment available to be paid to the agency for the previous tax year;
1569
(d) the tax increment requested by the agency for the previous tax year; and
1570
(e) the tax increment paid to the agency for the previous tax year.
1571
(3) Within 30 days after a request by an agency, the State Tax Commission, the State
1572
Board of Education, or any taxing entity that levies a tax on property from which the agency
1573
receives tax increment, the county auditor or the county assessor shall provide access to:
1574
(a) the county auditor's method and calculations used to make adjustments under
1575
Section [
17B-4-1006
]
17C-1-408
;
1576
(b) the unequalized assessed valuation of an existing or proposed project area, or any
1577
parcel or parcels within an existing or proposed project area, if the equalized assessed valuation
1578
has not yet been determined for that year; [and]
1579
(c) the most recent equalized assessed valuation of an existing or proposed project area
1580
or any parcel or parcels within an existing or proposed project area; and
1581
(d) the tax rate of each taxing entity adopted as of November 1 for the previous tax
1582
year.
1583
Section 43.
Section
17C-1-607
is enacted to read:
1584
17C-1-607. State Tax Commission and county assessor required to account for
1585
new growth.
1586
The State Tax Commission and the assessor of each county in which a redevelopment,
1587
economic development, or community development project area is located shall count as new
1588
growth the assessed value of property with respect to which the taxing entity is receiving taxes
1589
or increased taxes for the first time.
1590
Section 44.
Section
17C-1-701
, which is renumbered from Section 17B-4-1401 is
1591
renumbered and amended to read:
1592
Part 7. Dissolution
1593
[17B-4-1401]. 17C-1-701. Dissolution by ordinance -- Restrictions -- Filing
1594
copy of ordinance -- Agency records -- Dissolution expenses.
1595
(1) (a) Subject to Subsection (1)(b), the legislative body of the community that created
1596
an agency may, by ordinance, deactivate and dissolve the agency.
1597
(b) An ordinance dissolving an agency may not be adopted unless the agency has no
1598
outstanding bonded indebtedness, other unpaid loans, indebtedness, or advances, and no legally
1599
binding contractual obligations with persons or entities other than the community.
1600
(2) (a) Within ten days after adopting an ordinance under Subsection (1), the
1601
community legislative body shall file a certified copy of the ordinance with the lieutenant
1602
governor.
1603
(b) Upon the lieutenant governor's issuance of the certificate of dissolution under
1604
Section
67-1a-6.5
, the agency is dissolved.
1605
(c) Within ten days after receiving the certificate of dissolution from the lieutenant
1606
governor under Section
67-1a-6.5
, the community legislative body shall send a copy of the
1607
certificate of dissolution and the ordinance adopted under Subsection (1) to the State Board of
1608
Education, and each taxing entity.
1609
(d) The community legislative body shall publish a notice of dissolution in a
1610
newspaper of general circulation in the county in which the dissolved agency is located.
1611
(3) The books, documents, records, papers, and seal of each dissolved agency shall be
1612
deposited for safekeeping and reference with the recorder of the community that dissolved the
1613
agency.
1614
(4) The agency shall pay all expenses of the deactivation and dissolution.
1615
Section 45.
Section
17C-2-101
, which is renumbered from Section 17B-4-401 is
1616
renumbered and amended to read:
1617
CHAPTER 2. REDEVELOPMENT
1618
Part 1. Redevelopment Project Area Plan
1619
[17B-4-401]. 17C-2-101. Resolution designating survey area -- Request to
1620
adopt resolution.
1621
(1) An agency board may begin the process of adopting a redevelopment project area
1622
plan by adopting a resolution that:
1623
[(a) for a proposed redevelopment project area plan:]
1624
[(i)] (a) designates an area located within the agency's boundaries as a survey area;
1625
[(ii)] (b) contains a statement that the survey area requires study to determine whether:
1626
[(A)] (i) one or more redevelopment projects within the survey area are feasible; and
1627
[(B)] (ii) blight exists within the survey area; and
1628
[(iii)] (c) contains a description or map of the boundaries of the survey area[; or].
1629
[(b) for a proposed economic development or education housing development project
1630
area plan, authorizes the preparation of a draft project area plan.]
1631
(2) (a) Any person or any group, association, corporation, or other entity may submit a
1632
written request to the board to adopt a resolution under Subsection (1).
1633
(b) A request under Subsection (2)(a) may include plans showing the redevelopment[,
1634
economic development, or education housing development] proposed for an area within the
1635
agency's boundaries.
1636
(c) The board may, in its sole discretion, grant or deny a request under Subsection
1637
(2)(a).
1638
Section 46.
Section
17C-2-102
, which is renumbered from Section 17B-4-402 is
1639
renumbered and amended to read:
1640
[17B-4-402]. 17C-2-102. Process for adopting redevelopment project area
1641
plan -- Prerequisites -- Restrictions.
1642
(1) (a) In order to adopt a redevelopment project area plan, after adopting a resolution
1643
under Subsection [
17B-4-401
]
17C-2-101
(1) the agency shall:
1644
(i) cause a blight study to be conducted within the survey area as provided in Section
1645
17C-2-301
;
1646
(ii) provide notice of a blight hearing as required under Part 5, Redevelopment Notice
1647
Requirements;
1648
(iii) hold a blight hearing as provided in Section
17C-2-302
; and
1649
(iv) after the blight hearing has been held, hold a board meeting, either in conjunction
1650
with the blight hearing or at a subsequent board meeting, at which the board shall:
1651
(A) consider:
1652
(I) the issue of blight and the evidence and information relating to the existence or
1653
nonexistence of blight; and
1654
(II) whether adoption of one or more redevelopment project area plans should be
1655
pursued; and
1656
(B) by resolution:
1657
(I) make a finding regarding the existence of blight in the proposed redevelopment
1658
project area;
1659
(II) select one or more project areas comprising part or all of the survey area; and
1660
(III) authorize the preparation of a draft project area plan for each project area;
1661
[(a)] (v) prepare a draft of a project area plan and conduct any examination,
1662
investigation, and negotiation regarding the project area plan that the agency considers
1663
appropriate;
1664
[(b) request input on the draft project area plan from the planning commission of the
1665
community in which the proposed project area is located;]
1666
[(c)] (vi) make the draft project area plan available to the public at the agency's offices
1667
during normal business hours;
1668
[(d)] (vii) provide notice of the plan hearing as provided in Sections [
17B-4-702
]
1669
17C-2-502
and [
17B-4-704
]
17C-2-504
;
1670
[(e)] (viii) hold a public hearing on the draft project area plan and, at that public
1671
hearing:
1672
[(i)] (A) allow public comment on:
1673
[(A)] (I) the draft project area plan; and
1674
[(B)] (II) whether the draft project area plan should be revised, approved, or rejected;
1675
and
1676
[(ii)] (B) receive all written and hear all oral objections to the draft project area plan;
1677
[(f)] (ix) before holding the plan hearing, provide an opportunity for the State Board of
1678
Education and each taxing entity that levies a tax on property within the proposed project area
1679
to consult with the agency regarding the draft project area plan;
1680
[(g)] (x) if applicable, hold the election required under Subsection [
17B-4-406
]
1681
17C-2-105
(3);
1682
[(h) for a redevelopment project area plan:]
1683
[(i) comply with the requirements of Part 6, Blight Determination in Redevelopment
1684
Project Areas;]
1685
[(ii) before providing notice of the plan hearing, hold at least one public hearing to:]
1686
[(A) inform the public about each area being considered for a redevelopment project
1687
area; and]
1688
[(B) allow public input into agency deliberations on proposing each redevelopment
1689
project area;]
1690
[(iii) select one or more project areas comprising part or all of the survey area; and]
1691
[(iv) before sending the first notice to assessment owners of property for a public input
1692
hearing, blight hearing, or combined public input and blight hearing, prepare and adopt
1693
guidelines setting forth and governing the reasonable opportunities of record property owners
1694
and tenants to participate in the redevelopment;]
1695
[(i)] (xi) after holding the plan hearing, at the same meeting or at a subsequent meeting
1696
consider:
1697
[(i)] (A) the oral and written objections to the draft project area plan and evidence and
1698
testimony for [or] and against adoption of the draft project area plan; and
1699
[(ii)] (B) whether to revise, approve, or reject the draft project area plan;
1700
[(j) subject to Subsection (5),] (xii) approve the draft project area plan, with or without
1701
revisions, as the project area plan by a resolution that complies with Section [
17B-4-407
]
1702
17C-2-106
; and
1703
[(k)] (xiii) submit the project area plan to the community legislative body for adoption.
1704
(b) If an agency makes a finding under Subsection (1)(a)(iv)(B) that blight exists in the
1705
proposed redevelopment project area, that finding has no effect until the taxing entity
1706
committee approves the finding.
1707
(2) An agency may not propose a project area plan under Subsection (1) unless the
1708
community in which the proposed project area is located:
1709
(a) has a planning commission; and
1710
(b) has adopted a general plan under:
1711
(i) if the community is a city or town, Title 10, Chapter 9a, Part 4, General Plan; or
1712
(ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.
1713
(3) (a) Subject to Subsection (3)(b), an agency board may not approve a project area
1714
plan more than one year after[: (i) for a redevelopment project area plan,] adoption of a
1715
resolution making a finding of blight under Subsection [
17B-4-601
(1)(d)(ii); or (ii) for an
1716
economic development or education housing development project area plan, the date of the
1717
plan hearing.] (1)(a)(iv)(B).
1718
(b) If a project area plan is submitted to an election under Subsection [
17B-4-406
(3)]
1719
17C-2-105
(3), the time between the plan hearing and the date of the election does not count for
1720
purposes of calculating the year period under Subsection (3)(a).
1721
(4) (a) Except as provided in Subsection (4)(b), a draft project area plan may not be
1722
modified to add real property to the proposed project area unless the board holds a plan hearing
1723
to consider the addition and gives notice of the plan hearing as required under Sections
1724
[
17B-4-702
]
17C-2-502
and [
17B-4-704
]
17C-2-504
.
1725
(b) The notice and hearing requirements under Subsection (4)(a) do not apply to a draft
1726
project area plan being modified to add real property to the proposed project area if:
1727
(i) the property is contiguous to the property already included in the proposed project
1728
area under the draft project area plan;
1729
(ii) the record owner of the property consents to adding the real property to the
1730
proposed project area; and
1731
(iii) [for a redevelopment project area,] the property is located within the survey area.
1732
[(5) From July 1, 2005 through June 30, 2006, an agency may not adopt a project area
1733
plan for a redevelopment project requiring a finding of blight unless:]
1734
[(a) before February 15, 2005, the agency has authorized a blight study; and]
1735
[(b) the blight study authorized before February 15, 2005, is completed before July 1,
1736
2005.]
1737
Section 47.
Section
17C-2-103
, which is renumbered from Section 17B-4-403 is
1738
renumbered and amended to read:
1739
[17B-4-403]. 17C-2-103. Redevelopment project area plan requirements.
1740
(1) Each redevelopment project area plan and draft project area plan shall:
1741
(a) describe the boundaries of the project area;
1742
(b) contain a general statement of the land uses, layout of principal streets, population
1743
densities, and building intensities of the project area and how they will be affected by the
1744
redevelopment[, economic development, or education housing development];
1745
(c) state the standards that will guide the redevelopment[, economic development, or
1746
education housing development];
1747
(d) show how the purposes of this [chapter] title will be attained by the
1748
redevelopment[, economic development, or education housing development];
1749
(e) be consistent with the general plan of the community in which the project area is
1750
located and show that the redevelopment[, economic development, or education housing
1751
development] will conform to the community's general plan;
1752
(f) [if the agency board made a finding of blight under Subsection
17B-4-601
(1)(d)(ii),]
1753
describe how the redevelopment will reduce or eliminate blight in the project area;
1754
[(g) if the project area plan is for economic development, describe how the economic
1755
development will create additional jobs;]
1756
[(h) if the project area plan is for education housing development, describe how the
1757
education housing development will meet the needs of the community in which the project area
1758
is located;]
1759
[(i)] (g) describe any specific project or projects that are the object of the proposed
1760
redevelopment[, economic development, or education housing development];
1761
[(j)] (h) identify how private developers, if any, will be selected to undertake the
1762
redevelopment[, economic development, or education housing development] and identify each
1763
private developer currently involved in the redevelopment[, economic development, or
1764
education housing development] process;
1765
[(k) contain a time limit of no more than three years after adoption of the project area
1766
plan for the agency to commence implementation of the project area plan, unless the project
1767
area plan is adopted again as if it were an amended project area plan under Section
17B-4-411
;]
1768
[(l) if the project area plan authorizes the use of eminent domain, contain a time limit
1769
of no more than five years after the effective date of the project area plan for the agency to
1770
commence acquisition of property through the use of eminent domain;]
1771
[(m) if the project area plan provides for tax increment to be paid to the agency:]
1772
[(i) contain a time limit of no more than 25 years for tax increment to be paid to the
1773
agency from the project area unless the taxing entity committee consents to a longer period;
1774
and]
1775
[(ii) contain a provision that the project area may not exceed 100 acres of private real
1776
property unless:]
1777
[(A) the agency obtains the consent of the taxing entity committee; or]
1778
[(B) the project area is a superfund site;]
1779
[(n)] (i) state the reasons for the selection of the project area;
1780
[(o)] (j) describe the physical, social, and economic conditions existing in the project
1781
area;
1782
[(p) provide a financial analysis describing the proposed method of financing the
1783
proposed redevelopment, economic development, or education housing development;]
1784
[(q)] (k) describe any tax incentives offered private entities for facilities located in the
1785
project area;
1786
[(r) contain the report and state any recommendations of the community's planning
1787
commission;]
1788
[(s)] (l) include [an] the analysis[, as provided] described in Subsection (2)[, of
1789
whether adoption of the project area plan is:];
1790
[(i) for a redevelopment project area plan, necessary and appropriate to reduce or
1791
eliminate blight; or]
1792
[(ii) for an economic development or education housing development project area plan,
1793
beneficial under a benefit analysis;]
1794
[(t)] (m) if any of the existing buildings or uses in the project area are included in or
1795
eligible for inclusion in the National Register of Historic Places or the State Register, state that
1796
the agency shall comply with Subsection
9-8-404
(1) as though the agency were a state agency;
1797
and
1798
[(u)] (n) include other information that the agency determines to be necessary or
1799
advisable.
1800
(2) Each analysis under Subsection (1)[(s)(ii)](l) shall consider:
1801
(a) the benefit of any financial assistance or other public subsidy proposed to be
1802
provided by the agency, including:
1803
(i) an evaluation of the reasonableness of the costs of [economic development or
1804
education housing development] the redevelopment;
1805
(ii) efforts the agency or developer has made or will make to maximize private
1806
investment;
1807
(iii) the rationale for use of tax increment, including an analysis of whether the
1808
proposed development might reasonably be expected to occur in the foreseeable future solely
1809
through private investment; and
1810
(iv) an estimate of the total amount of tax increment that will be expended in
1811
undertaking [economic development or education housing development] redevelopment and
1812
the length of time for which it will be expended; and
1813
(b) the anticipated public benefit to be derived from the [economic development or
1814
education housing development] redevelopment, including:
1815
(i) the beneficial influences upon the tax base of the community;
1816
(ii) the associated business and economic activity likely to be stimulated; and
1817
[(iii) in the case of economic development, the number of jobs or employment
1818
anticipated to be generated or preserved.]
1819
(iii) whether adoption of the project area plan is necessary and appropriate to reduce or
1820
eliminate blight.
1821
Section 48.
Section
17C-2-104
, which is renumbered from Section 17B-4-405 is
1822
renumbered and amended to read:
1823
[17B-4-405]. 17C-2-104. Existing and historic buildings and uses.
1824
If any of the existing buildings or uses in a project area are included in or eligible for
1825
inclusion in the National Register of Historic Places or the State Register, the agency shall
1826
comply with Subsection
9-8-404
(1) as though the agency were a state agency.
1827
Section 49.
Section
17C-2-105
, which is renumbered from Section 17B-4-406 is
1828
renumbered and amended to read:
1829
[17B-4-406]. 17C-2-105. Objections to project area plan -- Owners'
1830
alternative project area plan -- Election if 40% of property owners object.
1831
(1) At any time before the plan hearing, any person may file with the agency a written
1832
statement of objections to the draft project area plan.
1833
(2) If the record owners of property of a majority of the private real property included
1834
within the proposed project area file a written petition before or at the plan hearing, proposing
1835
an alternative project area plan, the agency shall consider that proposed plan in conjunction
1836
with the project area plan proposed by the agency.
1837
(3) (a) If the record property owners of at least 40% of the private land area within the
1838
proposed project area object in writing to the draft project area plan before or at the plan
1839
hearing and do not withdraw their objections, an agency may not approve the project area plan
1840
until approved by voters within the boundaries of the agency in which the proposed project area
1841
is located at an election as provided in Subsection (3)(b).
1842
(b) (i) Except as provided in this section, each election required under Subsection
1843
(3)(a) shall comply with Title 20A, Election Code.
1844
(ii) An election under Subsection (3)(a) may be held on the same day and with the
1845
same election officials as an election held by the community in which the proposed project area
1846
is located.
1847
(iii) If a majority of those voting on the proposed project area plan vote in favor of it,
1848
the project area plan shall be considered approved and the agency shall confirm the approval by
1849
resolution.
1850
(4) If the record property owners of 2/3 of the private land area within the proposed
1851
project area object in writing to the draft project area plan before or at the plan hearing and do
1852
not withdraw their objections, the project area plan may not be adopted and the agency may not
1853
reconsider the project area plan for three years.
1854
Section 50.
Section
17C-2-106
, which is renumbered from Section 17B-4-407 is
1855
renumbered and amended to read:
1856
[17B-4-407]. 17C-2-106. Board resolution approving redevelopment
1857
project area plan -- Requirements.
1858
[(1)] Each board resolution approving a draft redevelopment[, economic development,
1859
or education housing development] project area plan as the project area plan under Subsection
1860
[
17B-4-402
(1)(j)]
17C-2-102
(1)(a)(xii) shall contain:
1861
[(a)] (1) a legal description of the boundaries of the project area that is the subject of
1862
the project area plan;
1863
[(b)] (2) the agency's purposes and intent with respect to the project area;
1864
[(c)] (3) the project area plan incorporated by reference; [and]
1865
(4) a statement that the board previously made a finding of blight within the project
1866
area and the date of the board's finding of blight; and
1867
[(d)] (5) the board findings and determinations that:
1868
[(i)] (a) there is a need to effectuate a public purpose;
1869
[(ii)] (b) there is a public benefit under the analysis described in [Subsections
1870
17B-4-403
(1)(t) and] Subsection
17C-2-103
(2);
1871
[(iii)] (c) it is economically sound and feasible to adopt and carry out the project area
1872
plan;
1873
[(iv)] (d) the project area plan conforms to the community's general plan; and
1874
[(v)] (e) carrying out the project area plan will promote the public peace, health, safety,
1875
and welfare of the community in which the project area is located.
1876
[(2) (a) As used in this Subsection (2), "comparable dwellings" means residential
1877
housing facilities that are:]
1878
[(i) within the project area or in other areas not generally less desirable in regard to
1879
public utilities and public and commercial facilities;]
1880
[(ii) at rents or prices within the financial means of the families and persons displaced
1881
from the project area; and]
1882
[(iii) decent, safe, and sanitary and equal in number and available to displaced families
1883
and persons and reasonably accessible to their places of employment.]
1884
[(b) In addition to the requirements under Subsection (1), each board resolution
1885
approving a redevelopment project area plan shall:]
1886
[(i) state that the board previously made a finding of blight within the project area and
1887
the date of the board's finding of blight; and]
1888
[(ii) contain the board's findings and determinations that, if the project area plan may
1889
result in the temporary or permanent displacement of any residential occupants in the project
1890
area:]
1891
[(A) the agency has a feasible method or plan for the relocation of families and persons
1892
displaced from the project area;]
1893
[(B) comparable dwellings exist or will be provided to the families and persons
1894
displaced by the project area plan; and]
1895
[(C) the board is satisfied that permanent housing facilities will be available within
1896
three years from the time occupants of the project area are displaced and, pending the
1897
development of these housing facilities, there will be available to the displaced occupants
1898
adequate temporary housing facilities at rents comparable to those in the community at the time
1899
of their displacement.]
1900
Section 51.
Section
17C-2-107
, which is renumbered from Section 17B-4-408 is
1901
renumbered and amended to read:
1902
[17B-4-408]. 17C-2-107. Plan to be adopted by community legislative
1903
body.
1904
(1) A project area plan approved by board resolution under Section [
17B-4-407
]
1905
17C-2-106
may not take effect until:
1906
(a) it has been adopted by ordinance of the legislative body of the community that
1907
created the agency; and
1908
(b) notice under Section [
17B-4-409
]
17C-2-108
is provided.
1909
(2) Each ordinance under Subsection (1) shall:
1910
(a) be adopted by the community legislative body after the board's approval of a
1911
resolution under Section [
17B-4-407
]
17C-2-106
; and
1912
(b) designate the approved project area plan as the official redevelopment[, economic
1913
development, or education housing development] plan of the project area.
1914
Section 52.
Section
17C-2-108
, which is renumbered from Section 17B-4-409 is
1915
renumbered and amended to read:
1916
[17B-4-409]. 17C-2-108. Notice of project area plan adoption -- Effective
1917
date of plan -- Contesting the formation of the plan.
1918
(1) (a) Upon the community legislative body's adoption of a redevelopment project
1919
area plan, the legislative body shall provide notice as provided in Subsection (1)(b) by:
1920
(i) publishing or causing to be published a notice in a newspaper of general circulation
1921
within the agency's boundaries; or
1922
(ii) if there is no newspaper of general circulation within the agency's boundaries,
1923
causing a notice to be posted in at least three public places within the agency's boundaries.
1924
(b) Each notice under Subsection (1)(a) shall:
1925
(i) set forth the community legislative body's ordinance adopting the project area plan
1926
or a summary of the ordinance; and
1927
(ii) include a statement that the project area plan is available for general public
1928
inspection and the hours for inspection.
1929
(2) The project area plan shall become effective on the date of:
1930
(a) if notice was published under Subsection (1)(a), publication of the notice; or
1931
(b) if notice was posted under Subsection (1)(a), posting of the notice.
1932
(3) (a) [(i)] For a period of [60] 30 days after the effective date of the project area plan
1933
under Subsection (2), any person in interest may[, except as provided in Subsection (3)(a)(ii),]
1934
contest the project area plan or the procedure used to adopt the project area plan if the plan or
1935
procedure fails to comply with applicable statutory requirements.
1936
[(ii) Notwithstanding Subsection (3)(a)(i), a challenge to a finding of blight may be
1937
made only under Section
17B-4-605
.]
1938
(b) After the [60-day] 30-day period under Subsection (3)(a)[(i)] expires, no person
1939
may contest the project area plan or procedure used to adopt the project area plan for any cause.
1940
(4) [(a) Except as provided in Subsection (4)(b), upon] Upon adoption of the project
1941
area plan by the community's legislative body, the agency may carry out the project area plan.
1942
[(b) An agency may not commence implementation of a project area plan more than
1943
three years after the community legislative body adopts the plan, unless the plan is readopted as
1944
if it were an amended project area plan under Section
17B-4-411
.]
1945
(5) Each agency shall make the adopted project area plan available to the general
1946
public at its offices during normal business hours.
1947
Section 53.
Section
17C-2-109
, which is renumbered from Section 17B-4-410 is
1948
renumbered and amended to read:
1949
[17B-4-410]. 17C-2-109. Agency required to transmit and record
1950
documents after adoption of project area plan.
1951
Within 30 days after the community legislative body adopts, under Section [
17B-4-408
]
1952
17C-2-107
, a project area plan, the agency shall:
1953
(1) record with the recorder of the county in which the project area is located a
1954
document containing:
1955
(a) a description of the land within the project area;
1956
(b) a statement that the project area plan for the project area has been adopted; and
1957
(c) the date of adoption;
1958
(2) transmit a copy of the description of the land within the project area and an accurate
1959
map or plat indicating the boundaries of the project area to the Automated Geographic
1960
Reference Center created under Section
63F-1-506
; and
1961
(3) for a project area plan that provides for the payment of tax increment to the agency,
1962
transmit a copy of the description of the land within the project area, a copy of the community
1963
legislative body ordinance adopting the project area plan, and a map or plat indicating the
1964
boundaries of the project area to:
1965
(a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any
1966
part of the project area is located;
1967
(b) the officer or officers performing the function of auditor or assessor for each taxing
1968
entity that does not use the county assessment roll or collect its taxes through the county;
1969
(c) the legislative body or governing board of each taxing entity;
1970
(d) the State Tax Commission; and
1971
(e) the State Board of Education.
1972
Section 54.
Section
17C-2-110
, which is renumbered from Section 17B-4-411 is
1973
renumbered and amended to read:
1974
[17B-4-411]. 17C-2-110. Amending a project area plan.
1975
(1) An adopted project area plan may be amended as provided in this section.
1976
[(2) Except as provided in Subsection (4)(a), a project area plan may not be amended
1977
after March 21, 2005, to enlarge or add to a project area.]
1978
(2) If an agency proposes to amend an adopted redevelopment project area plan to
1979
enlarge the project area:
1980
(a) subject to Subsection (2)(e), the requirements under this part that apply to adopting
1981
a project area plan apply equally to the proposed amendment as if it were a proposed project
1982
area plan;
1983
(b) for a pre-July 1, 1993 project area plan, the base year taxable value for the new area
1984
added to the project area shall be determined under Subsection
17C-1-102
(6)(a) using the
1985
effective date of the amended project area plan;
1986
(c) for a post-June 30, 1993 project area plan:
1987
(i) the base year taxable value for the new area added to the project area shall be
1988
determined under Subsection
17C-1-102
(6)(b) using the date of the taxing entity committee's
1989
consent referred to in Subsection (2)(c)(ii); and
1990
(ii) the agency shall obtain the consent of the taxing entity committee before the agency
1991
may collect tax increment from the area added to the project area by the amendment;
1992
(d) the agency shall make a finding regarding the existence of blight in the area
1993
proposed to be added to the project area by following the procedure set forth in Subsections
1994
17C-2-102
(1)(a)(i) through (iv); and
1995
(e) the agency need not make a finding regarding the existence of blight in the project
1996
area as described in the original project area plan, if the agency made a finding of the existence
1997
of blight regarding that project area in connection with adoption of the original project area
1998
plan.
1999
(3) [An] If a proposed amendment does not propose to enlarge a project area, an
2000
agency board may adopt a resolution approving an amendment to an adopted project area plan
2001
after:
2002
(a) the agency gives notice, as provided in Section [
17B-4-702
]
17C-2-502
, of the
2003
proposed amendment and of the public hearing required by Subsection (3)(b);
2004
(b) the agency board holds a public hearing on the proposed amendment that meets the
2005
requirements of a plan hearing;
2006
(c) the agency obtains the taxing entity committee's consent to the amendment, if the
2007
amendment proposes:
2008
(i) to enlarge the area within the project area from which tax increment is collected;
2009
(ii) to permit the agency to receive a greater percentage of tax increment or to receive
2010
tax increment for a longer period of time, or both, than allowed under the adopted project area
2011
plan; [and] or
2012
(iii) for an amendment to a project area plan that was adopted before April 1, 1983, to
2013
expand the area from which tax increment is collected to exceed 100 acres of private property;
2014
and
2015
(d) the agency obtains the consent of the legislative body or governing board of each
2016
taxing entity affected, if the amendment proposes to permit the agency to receive, from less
2017
than all taxing entities, a greater percentage of tax increment or to receive tax increment for a
2018
longer period of time, or both, than allowed under the adopted project area plan.
2019
(4) (a) An adopted project area plan may be amended without complying with the
2020
notice and public hearing requirements of Subsections (2)(a) and (3)(a) and (b) and without
2021
obtaining taxing entity committee approval under Subsection (3)(c) if the amendment:
2022
(i) makes a minor adjustment in the legal description of a project area boundary
2023
requested by a county assessor or county auditor to avoid inconsistent property boundary lines;
2024
or
2025
(ii) subject to Subsection (4)(b), removes a parcel of real property from a project area
2026
because the agency determines that:
2027
(A) the parcel is no longer blighted; or
2028
(B) inclusion of the parcel is no longer necessary or desirable to the project area[; and].
2029
(b) An amendment removing a parcel of real property from a project area under
2030
Subsection (4)(a)(ii) may not be made without the consent of the record property owner of the
2031
parcel being removed.
2032
(5) (a) An amendment approved by board resolution under this section may not take
2033
effect until adopted by ordinance of the legislative body of the community in which the project
2034
area that is the subject of the project area plan being amended is located.
2035
(b) Upon a community legislative body passing an ordinance adopting an amendment
2036
to a project area plan, the agency whose project area plan was amended shall comply with the
2037
requirements of Section [
17B-4-410
]
17C-2-109
to the same extent as if the amendment were a
2038
project area plan.
2039
Section 55.
Section
17C-2-201
, which is renumbered from Section 17B-4-501 is
2040
renumbered and amended to read:
2041
Part 2. Redevelopment Project Area Budget
2042
[17B-4-501]. 17C-2-201. Project area budget -- Requirements for
2043
adopting -- Contesting the budget or procedure -- Time limit.
2044
(1) If an agency anticipates funding all or a portion of a post-June 30, 1993
2045
redevelopment project area plan with tax increment, the agency shall, subject to Section
2046
[
17B-4-503
]
17C-2-202
, adopt a project area budget as provided in this part.
2047
(2) To adopt a project area budget, the agency shall:
2048
(a) prepare a draft of a project area budget;
2049
(b) make a copy of the draft project area budget available to the public at the agency's
2050
offices during normal business hours;
2051
(c) provide notice of the budget hearing as required by Part [7] 5, Redevelopment
2052
Notice Requirements;
2053
[(d) at least seven days before the budget hearing:]
2054
[(i) publish a display advertisement that complies with Section
17B-4-502
in a
2055
newspaper that is:]
2056
[(A) of general circulation within the county in which the proposed project area is
2057
located; and]
2058
[(B) to the extent practicable, of general interest and readership and not of limited
2059
subject matter; or]
2060
[(ii) if there is no newspaper of general circulation within the county in which the
2061
proposed project area is located, post a notice that complies with Section
17B-4-502
in at least
2062
three conspicuous places within the agency's boundaries;]
2063
[(e)] (d) hold a public hearing on the draft project area budget and, at that public
2064
hearing, allow public comment on:
2065
(i) the draft project area budget; and
2066
(ii) whether the draft project area budget should be revised, adopted, or rejected;
2067
[(f)] (e) (i) if required under Subsection [
17B-4-505
]
17C-2-204
(1), obtain the
2068
approval of the taxing entity committee on the draft project area budget or a revised version of
2069
the draft project area budget; or
2070
(ii) if applicable, comply with the requirements of Subsection [
17B-4-505
]
2071
17C-2-204
(2); and
2072
[(g)] (f) after the budget hearing, hold a board meeting in the same meeting as the
2073
public hearing or in a subsequent meeting to:
2074
(i) consider comments made and information presented at the public hearing relating to
2075
the draft project area budget; and
2076
(ii) adopt by resolution the draft project area budget, with any revisions, as the project
2077
area budget.
2078
(3) (a) For a period of [60] 30 days after the agency's adoption of the project area
2079
budget under Subsection (2)[(g)](f), any person in interest may contest the project area budget
2080
or the procedure used to adopt the project area budget if the budget or procedure fails to
2081
comply with applicable statutory requirements.
2082
(b) After the [60-day] 30-day period under Subsection (3)(a) expires, no person may
2083
contest the project area budget or procedure used to adopt the project area budget for any cause.
2084
Section 56.
Section
17C-2-202
, which is renumbered from Section 17B-4-503 is
2085
renumbered and amended to read:
2086
[17B-4-503]. 17C-2-202. Combined incremental value -- Restriction
2087
against adopting project area budget -- Taxing entity committee may waive restriction.
2088
[(1) For purposes of this section:]
2089
[(a) "Adjusted tax increment" means:]
2090
[(i) for tax increment under a pre-July 1, 1993 project area plan, tax increment under
2091
Section
17B-4-1003
, excluding tax increment under Subsection
17B-4-1003
(3); and]
2092
[(ii) for tax increment under a post-June 30, 1993 project area plan, tax increment
2093
under Section
17B-4-1004
, excluding tax increment under Subsection
17B-4-1004
(3).]
2094
[(b) "Combined incremental value" means the combined total of all incremental values
2095
from all project areas, except a military installation project area, within the agency's boundaries
2096
under adopted project area plans and adopted project area budgets at the time that a project area
2097
budget for a new project area is being considered.]
2098
[(c) "Incremental value" means a figure derived by multiplying the marginal value of
2099
the property located within a project area on which tax increment is collected by a number that
2100
represents the percentage of adjusted tax increment from that project area that is paid to the
2101
agency.]
2102
[(d) "Marginal value" means the difference between actual taxable value and base
2103
taxable value.]
2104
[(e) "Military installation project area" means a project area or a portion of a project
2105
area located within a federal military installation ordered closed by the federal Defense Base
2106
Realignment and Closure Commission.]
2107
[(f) "Taxable value" means the value of property as shown on the last equalized
2108
assessment roll as certified by the county assessor.]
2109
[(2) (a)] (1) Except as provided in Subsection (2)[(b)], an agency may not adopt a
2110
redevelopment project area budget if, at the time the redevelopment project area budget is
2111
being considered, the combined incremental value for the agency exceeds 10% of the total
2112
taxable value of property within the agency's boundaries in the year that the redevelopment
2113
project area budget is being considered.
2114
[(b)] (2) A taxing entity committee may waive the restrictions imposed by Subsection
2115
[(2)(a)] (1).
2116
Section 57.
Section
17C-2-203
, which is renumbered from Section 17B-4-504 is
2117
renumbered and amended to read:
2118
[17B-4-504]. 17C-2-203. Part of tax increment funds to be used for
2119
housing -- Waiver of requirement.
2120
(1) (a) Except as provided in Subsection (1)(b), each redevelopment project area
2121
budget adopted on or after May 1, 2000 that provides for more than $100,000 of annual tax
2122
increment to be paid to the agency shall allocate at least 20% of the tax increment for housing
2123
as provided in Section [
17B-4-1010
]
17C-1-412
.
2124
(b) The 20% requirement of Subsection (1)(a) may be waived[: (i)] in part or whole by
2125
the mutual consent of the loan fund board and the taxing entity committee if they determine
2126
that 20% of tax increment is more than is needed to address the community's need for income
2127
targeted housing[, as defined in Section
17B-4-1010
; or].
2128
[(ii) in fifth and sixth class counties, by the taxing entity committee for economic
2129
development project area budgets adopted on or after May 1, 2002, if the economic
2130
development project area consists of an area without housing units.]
2131
(2) A project area budget not required under Subsection (1)(a) to allocate tax increment
2132
for housing may allocate 20% of tax increment payable to the agency over the life of the
2133
project area for housing as provided in Section [
17B-4-1010
]
17C-1-412
if the project area
2134
budget is under a project area plan that is adopted on or after July 1, 1998.
2135
Section 58.
Section
17C-2-204
, which is renumbered from Section 17B-4-505 is
2136
renumbered and amended to read:
2137
[17B-4-505]. 17C-2-204. Consent of taxing entity committee.
2138
(1) (a) Except as provided in Subsection (1)(b) and subject to Subsection (2), each
2139
agency shall obtain the consent of the taxing entity committee for each redevelopment project
2140
area budget under a post-June 30, 1993 project area plan before the agency may collect any tax
2141
increment from the redevelopment project area.
2142
(b) For a project area budget adopted from July 1, 1998 through May 1, 2000 that
2143
allocates 20% or more of the tax increment for housing as provided in Section [
17B-4-1010
]
2144
17C-1-412
, an agency:
2145
(i) need not obtain the consent of the taxing entity committee for the project area
2146
budget; and
2147
(ii) may not collect any tax increment from all or part of the project area until after:
2148
(A) the loan fund board has certified the project area budget as complying with the
2149
requirements of Section [
17B-4-1010
]
17C-1-412
; and
2150
(B) the agency board has approved and adopted the project area budget by a two-thirds
2151
vote.
2152
(2) (a) Before a taxing entity committee may consent to a project area budget adopted
2153
on or after May 1, 2000 that is required under Subsection [
17B-4-504
]
17C-2-203
(1)(a) to
2154
allocate 20% of tax increment for housing, the agency shall:
2155
(i) adopt a housing plan showing the uses for the housing funds; and
2156
(ii) provide a copy of the housing plan to the taxing entity committee and the loan fund
2157
board.
2158
(b) If an agency amends a housing plan prepared under Subsection (2)(a), the agency
2159
shall provide a copy of the amendment to the taxing entity committee and the loan fund board.
2160
Section 59.
Section
17C-2-205
, which is renumbered from Section 17B-4-506 is
2161
renumbered and amended to read:
2162
[17B-4-506]. 17C-2-205. Filing a copy of the project area budget.
2163
Each agency adopting a project area budget shall:
2164
(1) within 30 days after adopting the project area budget, file a copy of the project area
2165
budget with the auditor of the county in which the project area is located, the State Tax
2166
Commission, the state auditor, the State Board of Education, and each taxing entity affected by
2167
the agency's collection of tax increment under the project area budget; and
2168
(2) if the project area budget allocates tax increment for housing under Section
2169
[
17B-4-1010
]
17C-1-412
, file a copy of the project area budget with the loan fund board.
2170
Section 60.
Section
17C-2-206
, which is renumbered from Section 17B-4-507 is
2171
renumbered and amended to read:
2172
[17B-4-507]. 17C-2-206. Amending a project area budget.
2173
(1) [Subject to Subsection (5), an] An agency may by resolution amend a project area
2174
budget as provided in this section.
2175
(2) To amend an adopted project area budget, the agency shall:
2176
(a) advertise and hold one public hearing on the proposed amendment as provided in
2177
Subsection (3);
2178
(b) obtain the approval of the taxing entity committee if the agency was required under
2179
Section [
17B-4-505
]
17C-2-204
to obtain the consent of the taxing entity committee for the
2180
project area budget as originally adopted; and
2181
(c) adopt a resolution amending the project area budget.
2182
(3) The public hearing required under Subsection (2)(a) shall be conducted according
2183
to the procedures and requirements of [Sections
17B-4-501
and
17B-4-502
] Subsections
2184
17C-2-201
(2)(c) and (d), except that if the amended project area budget proposes that the
2185
agency be paid a greater proportion of tax increment from a project area than was to be paid
2186
under the previous project area budget, the [advertisement] notice shall state the percentage
2187
paid under the previous project area budget and the percentage proposed under the amended
2188
project area budget.
2189
(4) If a proposed amendment is not adopted, the agency shall continue to operate under
2190
the previously adopted project area budget without the proposed amendment.
2191
[(5) A project area budget may not be amended after March 21, 2005, if the
2192
amendment provides for the agency to receive tax increment for a longer period of time than
2193
allowed under the project area budget without the amendment.]
2194
Section 61.
Section
17C-2-301
, which is renumbered from Section 17B-4-602 is
2195
renumbered and amended to read:
2196
Part 3. Blight Determination in Redevelopment Project Areas
2197
[17B-4-602]. 17C-2-301. Blight study -- Requirements -- Deadline.
2198
(1) Each blight study required under Subsection [
17B-4-601
]
17C-2-102
(1)(a)(i) shall:
2199
(a) undertake a parcel by parcel survey of the survey area;
2200
[(a)] (b) provide data so the board and taxing entity committee may determine:
2201
(i) whether the conditions described in [Subsections
17B-4-604
(1)(a)(i) and (ii)]
2202
Subsection
17C-2-303
(1):
2203
(A) exist in part or all of the survey area; and
2204
[(ii) whether the factors listed in Subsection
17B-4-604
(1)(a)(iii) are present in the
2205
survey area; and]
2206
(B) qualify an area within the survey area as a project area; and
2207
[(iii)] (ii) whether the survey area contains all or part of a superfund site;
2208
[(b)] (c) include a written report setting forth:
2209
(i) the conclusions reached; [and]
2210
(ii) any recommended area within the survey area qualifying as a project area; and
2211
[(ii)] (iii) any other information requested by the agency to determine whether a
2212
redevelopment project area is feasible; and
2213
[(c)] (d) be completed within one year after the adoption of the survey area resolution.
2214
(2) (a) If a blight study is not completed within one year after the adoption of the
2215
resolution under Subsection [
17B-4-401
(1)(a)]
17C-2-101
(1) designating a survey area, the
2216
agency may not approve a redevelopment project area plan based on that blight study unless it
2217
first adopts a new resolution under Subsection [
17B-4-401
(1)(a)]
17C-2-101
(1).
2218
(b) A new resolution under Subsection (2)(a) shall in all respects be considered to be a
2219
resolution under Subsection [
17B-4-401
(1)(a)]
17C-2-101
(1) adopted for the first time, except
2220
that any actions taken toward completing a blight study under the resolution that the new
2221
resolution replaces shall be considered to have been taken under the new resolution.
2222
Section 62.
Section
17C-2-302
, which is renumbered from Section 17B-4-603 is
2223
renumbered and amended to read:
2224
[17B-4-603]. 17C-2-302. Blight hearing -- Owners may review evidence of
2225
blight.
2226
(1) In each hearing required under Subsection [
17B-4-601
(1)(c)]
17C-2-102
(1)(a)(iii),
2227
the agency shall:
2228
(a) permit all evidence of the existence or nonexistence of blight within the proposed
2229
redevelopment project area to be presented; and
2230
(b) permit each record owner of property located within the proposed redevelopment
2231
project area or the record property owner's representative the opportunity to:
2232
(i) examine and cross-examine witnesses providing evidence of the existence or
2233
nonexistence of blight; and
2234
(ii) present evidence and testimony, including expert testimony, concerning the
2235
existence or nonexistence of blight.
2236
(2) The agency shall allow record owners of property located within a proposed
2237
redevelopment project area the opportunity, for at least 30 days before the hearing, to review
2238
the evidence of blight compiled by the agency or by the person or firm conducting the blight
2239
study for the agency, including any expert report.
2240
Section 63.
Section
17C-2-303
, which is renumbered from Section 17B-4-604 is
2241
renumbered and amended to read:
2242
[17B-4-604]. 17C-2-303. Conditions on board determination of blight --
2243
Conditions of blight caused by the developer.
2244
(1) An agency board may not make a finding of blight in a resolution under [Section
2245
17B-4-601
] Subsection
17C-2-102
(1) unless the board finds that [the redevelopment project
2246
area]:
2247
[(a) (i) contains buildings or improvements used or intended to be used for residential,
2248
commercial, industrial, or other urban purposes, or any combination of those uses;]
2249
[(ii) contains buildings or improvements on at least 50% of the number of parcels of
2250
private real property whose acreage is at least 50% of the acreage of the private real property
2251
within the proposed redevelopment project area; and]
2252
[(iii) is unfit or unsafe to occupy or may be conducive to ill health, transmission of
2253
disease, infant mortality, juvenile delinquency, or crime because of any three or more of the
2254
following factors:]
2255
[(A) defective character of physical construction;]
2256
[(B) high density of population or overcrowding;]
2257
[(C) inadequate ventilation, light, or spacing between buildings;]
2258
[(D) mixed character and shifting of uses, resulting in obsolescence, deterioration, or
2259
dilapidation;]
2260
[(E) economic deterioration or continued disuse;]
2261
[(F) lots of irregular shape or inadequate size for proper usefulness and development,
2262
or laying out of lots in disregard of the contours and other physical characteristics of the ground
2263
and surrounding conditions;]
2264
[(G) inadequate sanitation or public facilities which may include streets, open spaces,
2265
and utilities;]
2266
[(H) areas that are subject to being submerged by water; and]
2267
[(I) existence of any hazardous or solid waste, defined as any substance defined,
2268
regulated, or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste,
2269
pollutant, contaminant, or toxic substance, or identified as hazardous to human health or the
2270
environment under state or federal law or regulation; or]
2271
(a) (i) the proposed project area consists predominantly of nongreenfield parcels;
2272
(ii) the proposed project area is currently zoned for urban purposes and generally
2273
served by utilities;
2274
(iii) at least 50% of the parcels within the proposed project area contain nonagricultural
2275
or nonaccessory buildings or improvements used or intended for residential, commercial,
2276
industrial, or other urban purposes, or any combination of those uses;
2277
(iv) the present condition or use of the proposed project area substantially impairs the
2278
sound growth of the municipality, retards the provision of housing accommodations, or
2279
constitutes an economic liability or is detrimental to the public health, safety, or welfare, as
2280
shown by the existence within the proposed project area of at least four of the following
2281
factors:
2282
(A) one of the following, although sometimes interspersed with well maintained
2283
buildings and infrastructure:
2284
(I) substantial physical dilapidation, deterioration, or defective construction of
2285
buildings or infrastructure; or
2286
(II) significant noncompliance with current building code, safety code, health code, or
2287
fire code requirements or local ordinances;
2288
(B) unsanitary or unsafe conditions in the proposed project area that threaten the
2289
health, safety, or welfare of the community;
2290
(C) environmental hazards, as defined in state or federal law, that require remediation
2291
as a condition for current or future use and development;
2292
(D) excessive vacancy, abandoned buildings, or vacant lots within an area zoned for
2293
urban use and served by utilities;
2294
(E) abandoned or outdated facilities that pose a threat to public health, safety, or
2295
welfare;
2296
(F) criminal activity in the project area, higher than that of comparable nonblighted
2297
areas in the municipality or county; and
2298
(G) defective or unusual conditions of title rendering the title nonmarketable; and
2299
(v) (A) at least 50% of the parcels within the proposed project area are affected by at
2300
least one of the factors, but not necessarily the same factor, listed in Subsection (1)(a)(iv); and
2301
(B) the affected parcels comprise at least 66% of the acreage of the proposed project
2302
area; or
2303
(b) [is] the proposed project area includes some or all of a superfund site.
2304
(2) No single parcel comprising 10% or more of the acreage of the proposed project
2305
area may be counted as satisfying Subsection (1)(a)(iii) or (iv) unless at least 50% of the area of
2306
that parcel is occupied by buildings or improvements.
2307
[(2)] (3) (a) For purposes of Subsection (1), if a developer involved in the
2308
redevelopment project [causes] has caused a condition listed in Subsection (1)(a)[(iii)](iv)
2309
within the proposed project area, [the] that condition [caused by the developer] may not be
2310
used in the determination of blight.
2311
(b) Subsection [(2)] (3)(a) does not apply to a condition that was caused by an owner or
2312
tenant who becomes a developer [under Section
17B-4-901
].
2313
Section 64.
Section
17C-2-304
, which is renumbered from Section 17B-4-605 is
2314
renumbered and amended to read:
2315
[17B-4-605]. 17C-2-304. Challenging a finding of blight -- Time limit -- De
2316
novo review.
2317
(1) If the board makes a finding of blight under [Section
17B-4-601
] Subsection
2318
17C-2-102
(1) and that finding is approved by resolution adopted by the taxing entity
2319
committee, a record owner of property located within the proposed redevelopment project area
2320
may challenge the finding by filing an action with the district court for the county in which the
2321
property is located.
2322
(2) Each challenge under Subsection (1) shall be filed within 30 days after the taxing
2323
entity committee approves the board's finding of blight.
2324
(3) In each action under this section[: (a)], the district court shall review [de novo] the
2325
finding of blight[; and] under the standards of review provided in Subsection
10-9a-801
(3).
2326
[(b) the agency maintains the burden of proof regarding the existence of blight.]
2327
Section 65.
Section
17C-2-401
, which is renumbered from Section 17B-4-801 is
2328
renumbered and amended to read:
2329
Part 4. Redevelopment Hearings
2330
[17B-4-801]. 17C-2-401. Combining hearings.
2331
A board may combine[: (1)] any combination of a blight hearing [with a public input
2332
hearing; and (2)], a plan hearing [with], and a budget hearing.
2333
Section 66.
Section
17C-2-402
, which is renumbered from Section 17B-4-802 is
2334
renumbered and amended to read:
2335
[17B-4-802]. 17C-2-402. Continuing a hearing.
2336
[Pursuant to the provisions of Section
17B-4-705
] Subject to Section 17C-2-403, the
2337
board may continue from time to time a:
2338
(1) blight hearing;
2339
[(2) public input hearing;]
2340
[(3) combined blight hearing and plan hearing under Subsection
17B-4-801
(1);]
2341
[(4)] (2) plan hearing;
2342
[(5)] (3) budget hearing; or
2343
[(6)] (4) combined [plan] hearing [and budget hearing] under [Subsection
2344
17B-4-801
(2)] Section
17C-2-401
.
2345
Section 67.
Section
17C-2-403
, which is renumbered from Section 17B-4-705 is
2346
renumbered and amended to read:
2347
[17B-4-705]. 17C-2-403. Notice required for continued hearing.
2348
The board shall give notice of a hearing continued under Section [
17B-4-802
]
2349
17C-2-402
by announcing at the hearing:
2350
(1) the date, time, and place the hearing will be resumed; or
2351
(2) that it is being continued to a later time and causing a notice of the continued
2352
hearing to be:
2353
(a) published once in a newspaper of general circulation within the agency boundaries
2354
at least seven days before the hearing is scheduled to resume; or
2355
(b) if there is no newspaper of general circulation, posted in at least three conspicuous
2356
places within the boundaries of the agency in which the project area or proposed project area is
2357
located.
2358
Section 68.
Section
17C-2-501
, which is renumbered from Section 17B-4-701 is
2359
renumbered and amended to read:
2360
Part 5. Redevelopment Notice Requirements
2361
[17B-4-701]. 17C-2-501. Agency to provide notice of hearings.
2362
(1) Each agency shall provide notice, as provided in this part, of each:
2363
(a) blight hearing;
2364
[(b) public input hearing;]
2365
[(c)] (b) plan hearing; and
2366
[(d)] (c) budget hearing.
2367
(2) [(a)] The notice required under Subsection (1) for [a blight hearing] any of the
2368
hearings listed in that subsection may be combined with the notice required for [a public input
2369
hearing if those two] any of the other hearings if the hearings are combined under [Subsection
2370
17B-4-801
(1)] Section
17C-2-401
.
2371
[(b) The notice required under Subsection (1) for a plan hearing may be combined with
2372
the notice required for a budget hearing if those two hearings are combined under Subsection
2373
17B-4-801
(2).]
2374
Section 69.
Section
17C-2-502
, which is renumbered from Section 17B-4-702 is
2375
renumbered and amended to read:
2376
[17B-4-702]. 17C-2-502. Requirements for notice provided by agency.
2377
(1) The notice required by Section [
17B-4-701
]
17C-2-501
shall be given by:
2378
(a) (i) publishing one notice, excluding the map referred to in Subsection [(2)] (3)(b),
2379
in a newspaper of general circulation within the county in which the project area or proposed
2380
project area is located, at least [once a week for the four successive weeks immediately
2381
preceding] 14 days before the hearing; or
2382
(ii) if there is no newspaper of general circulation, posting notice at least 14 days
2383
before the hearing in at least three conspicuous places within the county in which the project
2384
area or proposed project area is located; and
2385
(b) at least 30 days before the hearing:
2386
(i) [sending] mailing notice [by certified mail] to[: (A)] each [assessment] record
2387
owner of property located within the project area or proposed project area; and
2388
[(B) each assessment owner of property located outside but within 300 feet of the
2389
project area or proposed project area;]
2390
(ii) mailing notice to:
2391
(A) the State Tax Commission;
2392
(B) the assessor and auditor of the county in which the project area or proposed project
2393
area is located; and
2394
(C) (I) each member of the taxing entity committee; or
2395
(II) if a taxing entity committee has not yet been formed, the State Board of Education
2396
and the legislative body or governing board of each taxing entity.
2397
(2) The mailing of the notice to record property owners required under Subsection
2398
(1)(b)(i) shall be conclusively considered to have been properly completed if:
2399
(a) the agency mails the notice to the property owners as shown in the records,
2400
including an electronic database, of the county recorder's office and at the addresses shown in
2401
those records; and
2402
(b) the county recorder's office records used by the agency in identifying owners to
2403
whom the notice is mailed and their addresses were obtained or accessed from the county
2404
recorder's office no earlier than 30 days before the mailing.
2405
[(2)] (3) The agency shall include in each notice required under Section [
17B-4-701
]
2406
17C-2-501
:
2407
(a) (i) a specific description of the boundaries of the project area or proposed project
2408
area; or
2409
(ii) (A) a mailing address or telephone number where a person may request that a copy
2410
of the description be sent at no cost to the person by mail or facsimile transmission; and
2411
(B) if the agency has an Internet website, an Internet address where a person may gain
2412
access to an electronic, printable copy of the description;
2413
(b) a map of the boundaries of the project area or proposed project area;
2414
(c) an explanation of the purpose of the hearing; and
2415
(d) a statement of the date, time, and location of the hearing.
2416
[(3)] (4) The agency shall include in each notice under Subsection (1)(b)(ii):
2417
(a) a statement that property tax revenues resulting from an increase in valuation of
2418
property within the project area or proposed project area will be paid to the agency for
2419
redevelopment[, economic development, or education housing development] purposes rather
2420
than to the taxing entity to which the tax revenues would otherwise have been paid if:
2421
(i) a majority of the taxing entity committee consents to the project area budget; and
2422
(ii) the project area plan provides for the agency to receive tax increment; and
2423
(b) an invitation to the recipient of the notice to submit to the agency comments
2424
concerning the subject matter of the hearing before the date of the hearing.
2425
[(4)] (5) An agency may include in a notice under Subsection (1) any other information
2426
the agency considers necessary or advisable, including the public purpose served by the project
2427
and any future tax benefits expected to result from the project.
2428
Section 70.
Section
17C-2-503
, which is renumbered from Section 17B-4-703 is
2429
renumbered and amended to read:
2430
[17B-4-703]. 17C-2-503. Additional requirements for notice of a blight
2431
hearing.
2432
[(1) The first notice to an assessment owner of property within a proposed
2433
redevelopment project area for a public input hearing, blight hearing, or combined public input
2434
and blight hearing under Subsection
17B-4-801
(1) shall include the statement required by
2435
Section
17B-4-902
.]
2436
[(2)] Each notice under Section [
17B-4-702
]
17C-2-502
for a blight hearing shall
2437
include a statement that:
2438
[(a)] (1) a redevelopment project area is being proposed;
2439
[(b)] (2) the proposed redevelopment project area may be declared to have blight;
2440
[(c)] (3) the record owner of property within the proposed project area has the right to
2441
present evidence at the blight hearing contesting the existence of blight;
2442
[(d)] (4) except for a hearing continued under Section
17C-2-402
, the agency will
2443
notify the [assessment] record property owners referred to in Subsection [
17B-4-702
]
2444
17C-2-502
(1)(b)(i) of each additional public hearing held by the agency concerning the
2445
redevelopment project prior to the adoption of the redevelopment project area plan; and
2446
[(e)] (5) persons contesting the existence of blight in the proposed redevelopment
2447
project area may appear before the agency board and show cause why the proposed
2448
redevelopment project area should not be designated as a redevelopment project area.
2449
Section 71.
Section
17C-2-504
, which is renumbered from Section 17B-4-704 is
2450
renumbered and amended to read:
2451
[17B-4-704]. 17C-2-504. Additional requirements for notice of a plan
2452
hearing.
2453
Each notice under Section [
17B-4-702
]
17C-2-502
of a plan hearing shall include:
2454
(1) a statement that any person objecting to the draft project area plan or contesting the
2455
regularity of any of the proceedings to adopt it may appear before the agency board at the
2456
hearing to show cause why the draft project area plan should not be adopted; and
2457
(2) a statement that the proposed project area plan is available for inspection at the
2458
agency offices.
2459
Section 72.
Section
17C-2-505
, which is renumbered from Section 17B-4-502 is
2460
renumbered and amended to read:
2461
[17B-4-502]. 17C-2-505. Additional requirements for notice of a budget
2462
hearing.
2463
[(1) Each display advertisement published under Subsection
17B-4-501
(2)(d) shall
2464
appear in a portion of the newspaper other than where legal notices and classified
2465
advertisements appear.]
2466
[(2)] Each [display advertisement published and] notice [posted] under [Subsection
2467
17B-4-501
(2)(d)] Section
17C-2-502
of a budget hearing shall contain:
2468
[(a)] (1) the following statement:
2469
["NOTICE OF BUDGET HEARING FOR (NAME OF PROJECT AREA)]
2470
"The (name of agency) has requested $________ in property tax revenues that will be
2471
generated by development within the (name of project area) to fund a portion of project costs
2472
within the (name of project area). These property tax revenues will be used for the following:
2473
(list major budget categories and amounts). These property taxes will be taxes levied by the
2474
following governmental entities, and, assuming current tax rates, the taxes paid to the agency
2475
for this project area from each taxing entity will be as follows: (list each taxing entity levying
2476
taxes and the amount of total taxes that would be paid from each taxing entity). All of the
2477
property taxes to be paid to the agency for the development in the project area are taxes that
2478
will be generated only if the project area is developed.
2479
All concerned citizens are invited to attend the project area budget hearing scheduled
2480
for (date, time, and place of hearing). A copy of the (name of project area) project area budget
2481
is available at the offices of (name of agency and office address)."; and
2482
[(b)] (2) other information that the agency considers appropriate.
2483
Section 73.
Section
17C-3-101
is enacted to read:
2484
CHAPTER 3. ECONOMIC DEVELOPMENT
2485
Part 1. Economic Development Project Area Plan
2486
17C-3-101. Resolution authorizing the preparation of a draft project area plan --
2487
Request to adopt resolution.
2488
(1) An agency board may begin the process of adopting an economic development
2489
project area plan by adopting a resolution that authorizes the preparation of a draft project area
2490
plan.
2491
(2) (a) Any person or any group, association, corporation, or other entity may submit a
2492
written request to the board to adopt a resolution under Subsection (1).
2493
(b) A request under Subsection (2)(a) may include plans showing the economic
2494
development proposed for an area within the agency's boundaries.
2495
(c) The board may, in its sole discretion, grant or deny a request under Subsection
2496
(2)(a).
2497
Section 74.
Section
17C-3-102
is enacted to read:
2498
17C-3-102. Process for adopting an economic development project area plan --
2499
Prerequisites -- Restrictions.
2500
(1) In order to adopt an economic development project area plan, after adopting a
2501
resolution under Subsection
17C-3-101
(1) the agency shall:
2502
(a) prepare a draft of an economic development project area plan and conduct any
2503
examination, investigation, and negotiation regarding the project area plan that the agency
2504
considers appropriate;
2505
(b) make the draft project area plan available to the public at the agency's offices
2506
during normal business hours;
2507
(c) provide notice of the plan hearing as provided in Part 4, Economic Development
2508
Notice Requirements;
2509
(d) hold a public hearing on the draft project area plan and, at that public hearing:
2510
(i) allow public comment on:
2511
(A) the draft project area plan; and
2512
(B) whether the draft project area plan should be revised, approved, or rejected; and
2513
(ii) receive all written and hear all oral objections to the draft project area plan;
2514
(e) before holding the plan hearing, provide an opportunity for the State Board of
2515
Education and each taxing entity that levies a tax on property within the proposed project area
2516
to consult with the agency regarding the draft project area plan;
2517
(f) after holding the plan hearing, at the same meeting or at a subsequent meeting
2518
consider:
2519
(i) the oral and written objections to the draft project area plan and evidence and
2520
testimony for or against adoption of the draft project area plan; and
2521
(ii) whether to revise, approve, or reject the draft project area plan;
2522
(g) approve the draft project area plan, with or without revisions, as the project area
2523
plan by a resolution that complies with Section
17C-3-105
; and
2524
(h) submit the project area plan to the community legislative body for adoption.
2525
(2) An agency may not propose a project area plan under Subsection (1) unless the
2526
community in which the proposed project area is located:
2527
(a) has a planning commission; and
2528
(b) has adopted a general plan under:
2529
(i) if the community is a city or town, Title 10, Chapter 9a, Part 4, General Plan; or
2530
(ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.
2531
(3) An agency board may not approve a project area plan more than one year after the
2532
date of the plan hearing.
2533
(4) (a) Except as provided in Subsection (4)(b), a draft project area plan may not be
2534
modified to add real property to the proposed project area unless the board holds a plan hearing
2535
to consider the addition and gives notice of the plan hearing as required under Part 4,
2536
Economic Development Notice Requirements.
2537
(b) The notice and hearing requirements under Subsection (4)(a) do not apply to a draft
2538
project area plan being modified to add real property to the proposed project area if:
2539
(i) the property is contiguous to the property already included in the proposed project
2540
area under the draft project area plan; and
2541
(ii) the record owner of the property consents to adding the real property to the
2542
proposed project area.
2543
Section 75.
Section
17C-3-103
is enacted to read:
2544
17C-3-103. Project area plan requirements.
2545
(1) Each economic development project area plan and draft project area plan shall:
2546
(a) describe the boundaries of the project area;
2547
(b) contain a general statement of the land uses, layout of principal streets, population
2548
densities, and building intensities of the project area and how they will be affected by the
2549
economic development;
2550
(c) state the standards that will guide the economic development;
2551
(d) show how the purposes of this title will be attained by the economic development;
2552
(e) be consistent with the general plan of the community in which the project area is
2553
located and show that the economic development will conform to the community's general
2554
plan;
2555
(f) describe how the economic development will create additional jobs;
2556
(g) describe any specific project or projects that are the object of the proposed
2557
economic development;
2558
(h) identify how private developers, if any, will be selected to undertake the economic
2559
development and identify each private developer currently involved in the economic
2560
development process;
2561
(i) state the reasons for the selection of the project area;
2562
(j) describe the physical, social, and economic conditions existing in the project area;
2563
(k) describe any tax incentives offered private entities for facilities located in the
2564
project area;
2565
(l) include an analysis, as provided in Subsection (2), of whether adoption of the
2566
project area plan is beneficial under a benefit analysis;
2567
(m) if any of the existing buildings or uses in the project area are included in or eligible
2568
for inclusion in the National Register of Historic Places or the State Register, state that the
2569
agency shall comply with Subsection
9-8-404
(1) as though the agency were a state agency; and
2570
(n) include other information that the agency determines to be necessary or advisable.
2571
(2) Each analysis under Subsection (1)(l) shall consider:
2572
(a) the benefit of any financial assistance or other public subsidy proposed to be
2573
provided by the agency, including:
2574
(i) an evaluation of the reasonableness of the costs of economic development;
2575
(ii) efforts the agency or developer has made or will make to maximize private
2576
investment;
2577
(iii) the rationale for use of tax increment, including an analysis of whether the
2578
proposed development might reasonably be expected to occur in the foreseeable future solely
2579
through private investment; and
2580
(iv) an estimate of the total amount of tax increment that will be expended in
2581
undertaking economic development and the length of time for which it will be expended; and
2582
(b) the anticipated public benefit to be derived from the economic development,
2583
including:
2584
(i) the beneficial influences upon the tax base of the community;
2585
(ii) the associated business and economic activity likely to be stimulated; and
2586
(iii) the number of jobs or employment anticipated to be generated or preserved.
2587
Section 76.
Section
17C-3-104
is enacted to read:
2588
17C-3-104. Existing and historic buildings and uses.
2589
If any of the existing buildings or uses in a project area are included in or eligible for
2590
inclusion in the National Register of Historic Places or the State Register, the agency shall
2591
comply with Subsection
9-8-404
(1) as though the agency were a state agency.
2592
Section 77.
Section
17C-3-105
is enacted to read:
2593
17C-3-105. Board resolution approving project area plan -- Requirements.
2594
Each board resolution approving a draft economic development project area plan as the
2595
project area plan under Subsection
17C-3-102
(1)(g) shall contain:
2596
(1) a legal description of the boundaries of the project area that is the subject of the
2597
project area plan;
2598
(2) the agency's purposes and intent with respect to the project area;
2599
(3) the project area plan incorporated by reference; and
2600
(4) the board findings and determinations that:
2601
(a) there is a need to effectuate a public purpose;
2602
(b) there is a public benefit under the analysis described in Subsection
17C-3-103
(2);
2603
(c) it is economically sound and feasible to adopt and carry out the project area plan;
2604
(d) the project area plan conforms to the community's general plan; and
2605
(e) carrying out the project area plan will promote the public peace, health, safety, and
2606
welfare of the community in which the project area is located.
2607
Section 78.
Section
17C-3-106
is enacted to read:
2608
17C-3-106. Plan to be adopted by community legislative body.
2609
(1) A project area plan approved by board resolution under Subsection
2610
17C-3-102
(1)(g) may not take effect until it has been adopted by ordinance of the legislative
2611
body of the community that created the agency and notice under Section
17C-3-107
is
2612
provided.
2613
(2) Each ordinance under Subsection (1) shall:
2614
(a) be adopted by the community legislative body after the board's approval of a
2615
resolution under Subsection
17C-3-102
(1)(g); and
2616
(b) designate the approved project area plan as the official economic development plan
2617
of the project area.
2618
Section 79.
Section
17C-3-107
is enacted to read:
2619
17C-3-107. Notice of project area plan adoption -- Effective date of plan --
2620
Contesting the formation of the plan.
2621
(1) (a) Upon the community legislative body's adoption of a project area plan, the
2622
legislative body shall provide notice as provided in Subsection (1)(b) by:
2623
(i) publishing or causing to be published a notice in a newspaper of general circulation
2624
within the agency's boundaries; or
2625
(ii) if there is no newspaper of general circulation within the agency's boundaries,
2626
causing a notice to be posted in at least three public places within the agency's boundaries.
2627
(b) Each notice under Subsection (1)(a) shall:
2628
(i) set forth the community legislative body's ordinance adopting the project area plan
2629
or a summary of the ordinance; and
2630
(ii) include a statement that the project area plan is available for general public
2631
inspection and the hours for inspection.
2632
(2) The project area plan shall become effective on the date of:
2633
(a) if notice was published under Subsection (1)(a), publication of the notice; or
2634
(b) if notice was posted under Subsection (1)(a), posting of the notice.
2635
(3) (a) For a period of 30 days after the effective date of the project area plan under
2636
Subsection (2), any person in interest may contest the project area plan or the procedure used to
2637
adopt the project area plan if the plan or procedure fails to comply with applicable statutory
2638
requirements.
2639
(b) After the 30-day period under Subsection (3)(a) expires, no person may contest the
2640
project area plan or procedure used to adopt the project area plan for any cause.
2641
(4) Upon adoption of the project area plan by the community's legislative body, the
2642
agency may carry out the project area plan.
2643
(5) Each agency shall make the adopted project area plan available to the general
2644
public at its offices during normal business hours.
2645
Section 80.
Section
17C-3-108
is enacted to read:
2646
17C-3-108. Agency required to transmit and record documents after adoption of
2647
project area plan.
2648
Within 30 days after the community legislative body adopts, under Section
17C-3-106
,
2649
an economic development project area plan, the agency shall:
2650
(1) record with the recorder of the county in which the project area is located a
2651
document containing:
2652
(a) a description of the land within the project area;
2653
(b) a statement that the project area plan for the project area has been adopted; and
2654
(c) the date of adoption;
2655
(2) transmit a copy of the description of the land within the project area and an accurate
2656
map or plat indicating the boundaries of the project area to the Automated Geographic
2657
Reference Center created under Section
63F-1-506
; and
2658
(3) for a project area plan that provides for the payment of tax increment to the agency,
2659
transmit a copy of the description of the land within the project area, a copy of the community
2660
legislative body ordinance adopting the project area plan, and a map or plat indicating the
2661
boundaries of the project area to:
2662
(a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any
2663
part of the project area is located;
2664
(b) the officer or officers performing the function of auditor or assessor for each taxing
2665
entity that does not use the county assessment roll or collect its taxes through the county;
2666
(c) the legislative body or governing board of each taxing entity;
2667
(d) the State Tax Commission; and
2668
(e) the State Board of Education.
2669
Section 81.
Section
17C-3-109
is enacted to read:
2670
17C-3-109. Amending an economic development project area plan.
2671
(1) An adopted economic development project area plan may be amended as provided
2672
in this section.
2673
(2) If an agency proposes to amend an adopted economic development project area
2674
plan to enlarge the project area:
2675
(a) the requirements under this part that apply to adopting a project area plan apply
2676
equally to the proposed amendment as if it were a proposed project area plan;
2677
(b) the base year taxable value for the new area added to the project area shall be
2678
determined under Subsection
17C-1-102
(6)(b) using the date of the taxing entity committee's
2679
consent referred to in Subsection (2)(c); and
2680
(c) the agency shall obtain the consent of the taxing entity committee before the agency
2681
may collect tax increment from the area added to the project area by the amendment.
2682
(3) If a proposed amendment does not propose to enlarge a project area, an agency
2683
board may adopt a resolution approving an amendment to an adopted project area plan after:
2684
(a) the agency gives notice, as provided in Section
17C-3-402
, of the proposed
2685
amendment and of the public hearing required by Subsection (3)(b);
2686
(b) the agency board holds a public hearing on the proposed amendment that meets the
2687
requirements of a plan hearing;
2688
(c) the agency obtains the taxing entity committee's consent to the amendment, if the
2689
amendment proposes:
2690
(i) to enlarge the area within the project area from which tax increment is collected; or
2691
(ii) to permit the agency to receive a greater percentage of tax increment or to receive
2692
tax increment for a longer period of time than allowed under the adopted project area plan; and
2693
(d) the agency obtains the consent of the legislative body or governing board of each
2694
taxing entity affected, if the amendment proposes to permit the agency to receive, from less
2695
than all taxing entities, a greater percentage of tax increment or to receive tax increment for a
2696
longer period of time, or both, than allowed under the adopted project area plan.
2697
(4) (a) An adopted project area plan may be amended without complying with the
2698
notice and public hearing requirements of Subsections (2)(a) and (3)(a) and (b) and without
2699
obtaining taxing entity committee approval under Subsection (3)(c) if the amendment:
2700
(i) makes a minor adjustment in the legal description of a project area boundary
2701
requested by a county assessor or county auditor to avoid inconsistent property boundary lines;
2702
or
2703
(ii) subject to Subsection (4)(b), removes a parcel of real property from a project area
2704
because the agency determines that inclusion of the parcel is no longer necessary or desirable to
2705
the project area.
2706
(b) An amendment removing a parcel of real property from a project area under
2707
Subsection (4)(a) may not be made without the consent of the record property owner of the
2708
parcel being removed.
2709
(5) (a) An amendment approved by board resolution under this section may not take
2710
effect until adopted by ordinance of the legislative body of the community in which the project
2711
area that is the subject of the project area plan being amended is located.
2712
(b) Upon a community legislative body passing an ordinance adopting an amendment
2713
to a project area plan, the agency whose project area plan was amended shall comply with the
2714
requirements of Section
17C-3-108
to the same extent as if the amendment were a project area
2715
plan.
2716
Section 82.
Section
17C-3-201
is enacted to read:
2717
Part 2. Economic Development Project Area Budget
2718
17C-3-201. Project area budget -- Requirements for adopting -- Contesting the
2719
budget or procedure -- Time limit.
2720
(1) If an agency anticipates funding all or a portion of a post-June 30, 1993 economic
2721
development project area plan with tax increment, the agency shall, subject to Section
2722
17C-3-202
, adopt a project area budget as provided in this part.
2723
(2) To adopt an economic development project area budget, the agency shall:
2724
(a) prepare a draft of an economic development project area budget;
2725
(b) make a copy of the draft project area budget available to the public at the agency's
2726
offices during normal business hours;
2727
(c) provide notice of the budget hearing as required by Part 4, Economic Development
2728
Notice Requirements;
2729
(d) hold a public hearing on the draft project area budget and, at that public hearing,
2730
allow public comment on:
2731
(i) the draft project area budget; and
2732
(ii) whether the draft project area budget should be revised, adopted, or rejected;
2733
(e) (i) if required under Subsection
17C-3-203
(1), obtain the approval of the taxing
2734
entity committee on the draft project area budget or a revised version of the draft project area
2735
budget; or
2736
(ii) if applicable, comply with the requirements of Subsection
17C-3-203
(2); and
2737
(f) after the budget hearing, hold a board meeting in the same meeting as the public
2738
hearing or in a subsequent meeting to:
2739
(i) consider comments made and information presented at the public hearing relating to
2740
the draft project area budget; and
2741
(ii) adopt by resolution the draft project area budget, with any revisions, as the project
2742
area budget.
2743
(3) (a) For a period of 30 days after the agency's adoption of the project area budget
2744
under Subsection (2)(f), any person in interest may contest the project area budget or the
2745
procedure used to adopt the project area budget if the budget or procedure fails to comply with
2746
applicable statutory requirements.
2747
(b) After the 30-day period under Subsection (3)(a) expires, no person may contest the
2748
project area budget or procedure used to adopt the project area budget for any cause.
2749
Section 83.
Section
17C-3-202
is enacted to read:
2750
17C-3-202. Part of tax increment funds to be used for housing -- Waiver of
2751
requirement.
2752
(1) (a) Except as provided in Subsection (1)(b), each economic development project
2753
area budget adopted on or after May 1, 2000 that provides for more than $100,000 of annual
2754
tax increment to be paid to the agency shall allocate at least 20% of the tax increment for
2755
housing as provided in Section
17C-1-412
.
2756
(b) The 20% requirement of Subsection (1)(a) may be waived:
2757
(i) in part or whole by the mutual consent of the loan fund board and the taxing entity
2758
committee if they determine that 20% of tax increment is more than is needed to address the
2759
community's need for income targeted housing; or
2760
(ii) in fifth and sixth class counties, by the taxing entity committee for economic
2761
development project area budgets adopted on or after May 1, 2002, if the economic
2762
development project area consists of an area without housing units.
2763
(2) An economic development project area budget not required under Subsection (1)(a)
2764
to allocate tax increment for housing may allocate 20% of tax increment payable to the agency
2765
over the life of the project area for housing as provided in Section
17C-1-412
if the project area
2766
budget is under a project area plan that is adopted on or after July 1, 1998.
2767
Section 84.
Section
17C-3-203
is enacted to read:
2768
17C-3-203. Consent of taxing entity committee.
2769
(1) (a) Except as provided in Subsection (1)(b) and subject to Subsection (2), each
2770
agency shall obtain the consent of the taxing entity committee for each economic development
2771
project area budget under a post-June 30, 1993 economic development project area plan before
2772
the agency may collect any tax increment from the project area.
2773
(b) For an economic development project area budget adopted from July 1, 1998
2774
through May 1, 2000 that allocates 20% or more of the tax increment for housing as provided
2775
in Section
17C-1-412
, an agency:
2776
(i) need not obtain the consent of the taxing entity committee for the project area
2777
budget; and
2778
(ii) may not collect any tax increment from all or part of the project area until after:
2779
(A) the loan fund board has certified the project area budget as complying with the
2780
requirements of Section
17C-1-412
; and
2781
(B) the agency board has approved and adopted the project area budget by a two-thirds
2782
vote.
2783
(2) (a) Before a taxing entity committee may consent to a project area budget adopted
2784
on or after May 1, 2000 that is required under Subsection
17C-3-202
(1)(a) to allocate 20% of
2785
tax increment for housing, the agency shall:
2786
(i) adopt a housing plan showing the uses for the housing funds; and
2787
(ii) provide a copy of the housing plan to the taxing entity committee and the loan fund
2788
board.
2789
(b) If an agency amends a housing plan prepared under Subsection (2)(a), the agency
2790
shall provide a copy of the amendment to the taxing entity committee and the loan fund board.
2791
Section 85.
Section
17C-3-204
is enacted to read:
2792
17C-3-204. Filing a copy of the economic development project area budget.
2793
Each agency adopting an economic development project area budget shall:
2794
(1) within 30 days after adopting the project area budget, file a copy of the project area
2795
budget with the auditor of the county in which the project area is located, the State Tax
2796
Commission, the state auditor, the State Board of Education, and each taxing entity affected by
2797
the agency's collection of tax increment under the project area budget; and
2798
(2) if the project area budget allocates tax increment for housing under Section
2799
17C-1-412
, file a copy of the project area budget with the loan fund board.
2800
Section 86.
Section
17C-3-205
is enacted to read:
2801
17C-3-205. Amending a project area budget.
2802
(1) An agency may by resolution amend an economic development project area budget
2803
as provided in this section.
2804
(2) To amend an adopted economic development project area budget, the agency shall:
2805
(a) advertise and hold one public hearing on the proposed amendment as provided in
2806
Subsection (3);
2807
(b) obtain the approval of the taxing entity committee if the agency was required under
2808
Section
17C-3-203
to obtain the consent of the taxing entity committee for the project area
2809
budget as originally adopted; and
2810
(c) adopt a resolution amending the project area budget.
2811
(3) The public hearing required under Subsection (2)(a) shall be conducted according
2812
to the procedures and requirements of Section
17C-3-201
, except that if the amended project
2813
area budget proposes that the agency be paid a greater proportion of tax increment from a
2814
project area than was to be paid under the previous project area budget, the notice shall state
2815
the percentage paid under the previous project area budget and the percentage proposed under
2816
the amended project area budget.
2817
(4) If a proposed amendment is not adopted, the agency shall continue to operate under
2818
the previously adopted economic development project area budget without the proposed
2819
amendment.
2820
Section 87.
Section
17C-3-301
is enacted to read:
2821
Part 3. Economic Development Hearings
2822
17C-3-301. Combining hearings.
2823
A board may combine a plan hearing with a budget hearing.
2824
Section 88.
Section
17C-3-302
is enacted to read:
2825
17C-3-302. Continuing a hearing.
2826
Subject to Section
17C-3-303
, the board may continue from time to time a:
2827
(1) plan hearing;
2828
(2) budget hearing; or
2829
(3) combined plan hearing and budget hearing under Section
17C-3-301
.
2830
Section 89.
Section
17C-3-303
is enacted to read:
2831
17C-3-303. Notice required for continued hearing.
2832
The board shall give notice of a hearing continued under Section
17C-3-302
by
2833
announcing at the hearing:
2834
(1) the date, time, and place the hearing will be resumed; or
2835
(2) that it is being continued to a later time and causing a notice of the continued
2836
hearing to be:
2837
(a) published once in a newspaper of general circulation within the agency boundaries
2838
at least seven days before the hearing is scheduled to resume; or
2839
(b) if there is no newspaper of general circulation, posted in at least three conspicuous
2840
places within the boundaries of the agency in which the project area or proposed project area is
2841
located.
2842
Section 90.
Section
17C-3-401
is enacted to read:
2843
Part 4. Economic Development Notice Requirements
2844
17C-3-401. Agency to provide notice of hearings.
2845
(1) Each agency shall provide notice, as provided in this part, of each:
2846
(a) plan hearing; and
2847
(b) budget hearing.
2848
(2) The notice required under Subsection (1) for a plan hearing may be combined with
2849
the notice required for a budget hearing if those two hearings are combined under Section
2850
17C-3-301
.
2851
Section 91.
Section
17C-3-402
is enacted to read:
2852
17C-3-402. Requirements for notice provided by agency.
2853
(1) The notice required by Section
17C-3-401
shall be given by:
2854
(a) (i) publishing one notice, excluding the map referred to in Subsection (3)(b), in a
2855
newspaper of general circulation within the county in which the project area or proposed
2856
project area is located, at least 14 days before the hearing; or
2857
(ii) if there is no newspaper of general circulation, posting notice in at least three
2858
conspicuous places within the county in which the project area or proposed project area is
2859
located; and
2860
(b) at least 30 days before the hearing, mailing notice to:
2861
(i) each record owner of property located within the project area or proposed project
2862
area;
2863
(ii) the State Tax Commission;
2864
(iii) the assessor and auditor of the county in which the project area or proposed project
2865
area is located; and
2866
(iv) (A) each member of the taxing entity committee; or
2867
(B) if a taxing entity committee has not yet been formed, the State Board of Education
2868
and the legislative body or governing board of each taxing entity.
2869
(2) The mailing of notice to record property owners required under Subsection (1)(b)(i)
2870
shall be conclusively considered to have been properly completed if:
2871
(a) the agency mails the notice to the property owners as shown in the records,
2872
including an electronic database, of the county recorder's office and at the addresses shown in
2873
those records; and
2874
(b) the county recorder's office records used by the agency in identifying owners to
2875
whom the notice is mailed and their addresses were obtained or accessed from the county
2876
recorder's office no earlier than 30 days before the mailing.
2877
(3) The agency shall include in each notice required under Section
17C-3-401
:
2878
(a) (i) a specific description of the boundaries of the economic development project
2879
area or proposed project area; or
2880
(ii) (A) a mailing address or telephone number where a person may request that a copy
2881
of the description be sent at no cost to the person by mail or facsimile transmission; and
2882
(B) if the agency has an Internet website, an Internet address where a person may gain
2883
access to an electronic, printable copy of the description;
2884
(b) a map of the boundaries of the project area or proposed project area;
2885
(c) an explanation of the purpose of the hearing; and
2886
(d) a statement of the date, time, and location of the hearing.
2887
(4) The agency shall include in each notice under Subsections (1)(b)(ii), (iii), and (iv):
2888
(a) a statement that property tax revenues resulting from an increase in valuation of
2889
property within the economic development project area or proposed project area will be paid to
2890
the agency for economic development purposes rather than to the taxing entity to which the tax
2891
revenues would otherwise have been paid if:
2892
(i) a majority of the taxing entity committee consents to the project area budget; and
2893
(ii) the project area plan provides for the agency to receive tax increment; and
2894
(b) an invitation to the recipient of the notice to submit to the agency comments
2895
concerning the subject matter of the hearing before the date of the hearing.
2896
(5) An agency may include in a notice under Subsection (1) any other information the
2897
agency considers necessary or advisable, including the public purpose served by the project and
2898
any future tax benefits expected to result from the project.
2899
Section 92.
Section
17C-3-403
is enacted to read:
2900
17C-3-403. Additional requirements for notice of a plan hearing.
2901
Each notice under Section
17C-3-402
of a plan hearing shall include:
2902
(1) a statement that any person objecting to the draft project area plan or contesting the
2903
regularity of any of the proceedings to adopt it may appear before the agency board at the
2904
hearing to show cause why the draft project area plan should not be adopted; and
2905
(2) a statement that the proposed economic development project area plan is available
2906
for inspection at the agency offices.
2907
Section 93.
Section
17C-3-404
is enacted to read:
2908
17C-3-404. Additional requirements for notice of a budget hearing.
2909
Each notice under Subsection
17C-3-201
(2)(c) of a budget hearing shall contain:
2910
(1) the following statement:
2911
"The (name of agency) has requested $________ in property tax revenues that will be
2912
generated by development within the (name of project area) to fund a portion of project costs
2913
within the (name of project area). These property tax revenues will be used for the following:
2914
(list major budget categories and amounts). These property taxes will be taxes levied by the
2915
following governmental entities, and, assuming current tax rates, the taxes paid to the agency
2916
for this project area from each taxing entity will be as follows: (list each taxing entity levying
2917
taxes and the amount of total taxes that would be paid from each taxing entity). All of the
2918
property taxes to be paid to the agency for the economic development in the project area are
2919
taxes that will be generated only if the project area is developed.
2920
All concerned citizens are invited to attend the project area budget hearing scheduled
2921
for (date, time, and place of hearing). A copy of the (name of project area) project area budget
2922
is available at the offices of (name of agency and office address)."; and
2923
(2) other information that the agency considers appropriate.
2924
Section 94.
Section
17C-4-101
is enacted to read:
2925
CHAPTER 4. COMMUNITY DEVELOPMENT
2926
Part 1. Community Development Project Area Plan
2927
17C-4-101. Resolution authorizing the preparation of a community development
2928
draft project area plan -- Request to adopt resolution.
2929
(1) An agency board may begin the process of adopting a community development
2930
project area plan by adopting a resolution that authorizes the preparation of a draft community
2931
development project area plan.
2932
(2) (a) Any person or any group, association, corporation, or other entity may submit a
2933
written request to the board to adopt a resolution under Subsection (1).
2934
(b) A request under Subsection (2)(a) may include plans showing the community
2935
development proposed for an area within the agency's boundaries.
2936
(c) The board may, in its sole discretion, grant or deny a request under Subsection
2937
(2)(a).
2938
Section 95.
Section
17C-4-102
is enacted to read:
2939
17C-4-102. Process for adopting project area plan -- Prerequisites -- Restrictions.
2940
(1) In order to adopt a community development project area plan, after adopting a
2941
resolution under Subsection
17C-4-101
(1) the agency shall:
2942
(a) prepare a draft of a community development project area plan and conduct any
2943
examination, investigation, and negotiation regarding the project area plan that the agency
2944
considers appropriate;
2945
(b) make the draft project area plan available to the public at the agency's offices
2946
during normal business hours;
2947
(c) provide notice of the plan hearing as provided in Section
17C-4-402
;
2948
(d) hold a public hearing on the draft project area plan and, at that public hearing:
2949
(i) allow public comment on:
2950
(A) the draft project area plan; and
2951
(B) whether the draft project area plan should be revised, approved, or rejected; and
2952
(ii) receive all written and hear all oral objections to the draft project area plan;
2953
(e) after holding the plan hearing, at the same meeting or at one or more subsequent
2954
meetings consider:
2955
(i) the oral and written objections to the draft project area plan and evidence and
2956
testimony for or against adoption of the draft project area plan; and
2957
(ii) whether to revise, approve, or reject the draft project area plan;
2958
(f) approve the draft project area plan, with or without revisions, as the project area
2959
plan by a resolution that complies with Section
17C-4-104
; and
2960
(g) submit the project area plan to the community legislative body for adoption.
2961
(2) An agency may not propose a community development project area plan under
2962
Subsection (1) unless the community in which the proposed project area is located:
2963
(a) has a planning commission; and
2964
(b) has adopted a general plan under:
2965
(i) if the community is a city or town, Title 10, Chapter 9a, Part 4, General Plan; or
2966
(ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.
2967
(3) (a) Except as provided in Subsection (3)(b), a draft project area plan may not be
2968
modified to add real property to the proposed project area unless the board holds a plan hearing
2969
to consider the addition and gives notice of the plan hearing as required under Section
2970
17C-4-402
.
2971
(b) The notice and hearing requirements under Subsection (3)(a) do not apply to a draft
2972
project area plan being modified to add real property to the proposed project area if:
2973
(i) the property is contiguous to the property already included in the proposed project
2974
area under the draft project area plan; and
2975
(ii) the record owner of the property consents to adding the real property to the
2976
proposed project area.
2977
Section 96.
Section
17C-4-103
is enacted to read:
2978
17C-4-103. Community development project area plan requirements.
2979
Each community development project area plan and draft project area plan shall:
2980
(1) describe the boundaries of the project area;
2981
(2) contain a general statement of the land uses, layout of principal streets, population
2982
densities, and building intensities of the project area and how they will be affected by the
2983
community development;
2984
(3) state the standards that will guide the community development;
2985
(4) show how the purposes of this title will be attained by the community development;
2986
(5) be consistent with the general plan of the community in which the project area is
2987
located and show that the community development will conform to the community's general
2988
plan;
2989
(6) describe any specific project or projects that are the object of the proposed
2990
community development;
2991
(7) identify how private developers, if any, will be selected to undertake the
2992
community development and identify each private developer currently involved in the
2993
community development process;
2994
(8) state the reasons for the selection of the project area;
2995
(9) describe the physical, social, and economic conditions existing in the project area;
2996
(10) describe any tax incentives offered private entities for facilities located in the
2997
project area;
2998
(11) include an analysis or description of the anticipated public benefit to be derived
2999
from the community development, including:
3000
(a) the beneficial influences upon the tax base of the community; and
3001
(b) the associated business and economic activity likely to be stimulated; and
3002
(12) include other information that the agency determines to be necessary or advisable.
3003
Section 97.
Section
17C-4-104
is enacted to read:
3004
17C-4-104. Board resolution approving project area plan -- Requirements.
3005
Each board resolution approving a draft community development project area plan as
3006
the project area plan under Subsection
17C-4-102
(1)(f) shall contain:
3007
(1) a legal description of the boundaries of the project area that is the subject of the
3008
project area plan;
3009
(2) the agency's purposes and intent with respect to the project area;
3010
(3) the project area plan incorporated by reference; and
3011
(4) the board findings and determinations that adoption of the community development
3012
project area plan will:
3013
(a) satisfy a public purpose;
3014
(b) provide a public benefit as shown by the analysis described in Subsection
3015
17C-4-103
(11);
3016
(c) be economically sound and feasible;
3017
(d) conform to the community's general plan; and
3018
(e) promote the public peace, health, safety, and welfare of the community in which the
3019
project area is located.
3020
Section 98.
Section
17C-4-105
is enacted to read:
3021
17C-4-105. Plan to be adopted by community legislative body.
3022
(1) A community development project area plan approved by board resolution under
3023
Section
17C-4-104
may not take effect until it has been adopted by ordinance of the legislative
3024
body of the community that created the agency and notice under Section
17C-4-106
is
3025
provided.
3026
(2) Each ordinance under Subsection (1) shall:
3027
(a) be adopted by the community legislative body after the board's approval of a
3028
resolution under Section
17C-4-104
; and
3029
(b) designate the approved project area plan as the official community development
3030
plan of the project area.
3031
Section 99.
Section
17C-4-106
is enacted to read:
3032
17C-4-106. Notice of project area plan adoption -- Effective date of plan --
3033
Contesting the formation of the plan.
3034
(1) (a) Upon the community legislative body's adoption of a community development
3035
project area plan, the legislative body shall provide notice as provided in Subsection (1)(b) by:
3036
(i) publishing or causing to be published a notice in a newspaper of general circulation
3037
within the agency's boundaries; or
3038
(ii) if there is no newspaper of general circulation within the agency's boundaries,
3039
causing a notice to be posted in at least three public places within the agency's boundaries.
3040
(b) Each notice under Subsection (1)(a) shall:
3041
(i) set forth the community legislative body's ordinance adopting the community
3042
development project area plan or a summary of the ordinance; and
3043
(ii) include a statement that the project area plan is available for general public
3044
inspection and the hours for inspection.
3045
(2) The project area plan shall become effective on the date of:
3046
(a) if notice was published under Subsection (1)(a), publication of the notice; or
3047
(b) if notice was posted under Subsection (1)(a), posting of the notice.
3048
(3) (a) For a period of 30 days after the effective date of the project area plan under
3049
Subsection (2), any person in interest may contest the project area plan or the procedure used to
3050
adopt the project area plan if the plan or procedure fails to comply with applicable statutory
3051
requirements.
3052
(b) After the 30-day period under Subsection (3)(a) expires, no person may contest the
3053
project area plan or procedure used to adopt the project area plan for any cause.
3054
(4) Upon adoption of the community development project area plan by the
3055
community's legislative body, the agency may carry out the project area plan.
3056
(5) Each agency shall make the adopted project area plan available to the general
3057
public at its offices during normal business hours.
3058
Section 100.
Section
17C-4-107
is enacted to read:
3059
17C-4-107. Agency required to transmit and record documents after adoption of
3060
project area plan.
3061
Within 30 days after the community legislative body adopts, under Section
17C-4-105
,
3062
a community development project area plan, the agency shall:
3063
(1) record with the recorder of the county in which the project area is located a
3064
document containing:
3065
(a) a description of the land within the project area;
3066
(b) a statement that the project area plan for the project area has been adopted; and
3067
(c) the date of adoption;
3068
(2) transmit a copy of the description of the land within the project area and an accurate
3069
map or plat indicating the boundaries of the project area to the Automated Geographic
3070
Reference Center created under Section
63F-1-506
; and
3071
(3) for a project area plan that provides for the payment of tax increment to the agency,
3072
transmit a copy of the description of the land within the project area, a copy of the community
3073
legislative body ordinance adopting the project area plan, and a map or plat indicating the
3074
boundaries of the project area to:
3075
(a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any
3076
part of the project area is located;
3077
(b) the officer or officers performing the function of auditor or assessor for each taxing
3078
entity that does not use the county assessment roll or collect its taxes through the county;
3079
(c) the legislative body or governing board of each taxing entity;
3080
(d) the State Tax Commission; and
3081
(e) the State Board of Education.
3082
Section 101.
Section
17C-4-108
is enacted to read:
3083
17C-4-108. Amending a community development project area plan.
3084
(1) Except as provided in Subsection (2), the requirements under this part that apply to
3085
adopting a community development project area plan apply equally to a proposed amendment
3086
of a community development project area plan as though the amendment were a proposed
3087
project area plan.
3088
(2) (a) Notwithstanding Subsection (1), an adopted project area plan may be amended
3089
without complying with the notice and public hearing requirements of this part if the proposed
3090
amendment:
3091
(i) makes a minor adjustment in the legal description of a project area boundary
3092
requested by a county assessor or county auditor to avoid inconsistent property boundary lines;
3093
or
3094
(ii) subject to Subsection (2)(b), removes a parcel of real property from a project area
3095
because the agency determines that inclusion of the parcel is no longer necessary or desirable to
3096
the project area.
3097
(b) An amendment removing a parcel of real property from a community development
3098
project area under Subsection (2)(a)(ii) may not be made without the consent of the record
3099
property owner of the parcel being removed.
3100
(3) (a) An amendment approved by board resolution under this section may not take
3101
effect until adopted by ordinance of the legislative body of the community in which the project
3102
area that is the subject of the project area plan being amended is located.
3103
(b) Upon a community legislative body passing an ordinance adopting an amendment
3104
to a community development project area plan, the agency whose project area plan was
3105
amended shall comply with the requirements of Sections
17C-4-106
and
17C-4-107
to the
3106
same extent as if the amendment were a project area plan.
3107
Section 102.
Section
17C-4-201
is enacted to read:
3108
Part 2. Funds for Community Development Project from Other Entities
3109
17C-4-201. Consent of a taxing entity or public agency to an agency receiving tax
3110
increment or sales tax funds.
3111
(1) An agency may negotiate with a taxing entity and public agency for the taxing
3112
entity's or public agency's consent to the agency receiving the entity's or public agency's tax
3113
increment or sales tax revenues, or both, for the purpose of providing funds to carry out a
3114
proposed or adopted community development project area plan.
3115
(2) The consent of a taxing entity or public agency under Subsection (1) may be
3116
expressed in:
3117
(a) a resolution adopted by the taxing entity or public agency; or
3118
(b) an interlocal agreement, under Title 11, Chapter 13, Interlocal Cooperation Act,
3119
between the taxing entity or public agency and the agency.
3120
(3) A school district may consent to an agency receiving tax increment from the school
3121
district's basic levy only to the extent that the school district also consents to the agency
3122
receiving tax increment from the school district's local levy.
3123
(4) (a) A resolution or interlocal agreement under this section may be amended from
3124
time to time.
3125
(b) Each amendment of a resolution or interlocal agreement shall be subject to and
3126
receive the benefits of the provisions of this part to the same extent as if the amendment were
3127
an original resolution or interlocal agreement.
3128
(5) A taxing entity's or public agency's consent to an agency receiving funds under this
3129
section is not subject to the requirements of Section
10-8-2
.
3130
Section 103.
Section
17C-4-202
is enacted to read:
3131
17C-4-202. Resolution or interlocal agreement to provide funds for the project
3132
area plan -- Notice -- Effective date of resolution or interlocal agreement -- Time to
3133
contest resolution or interlocal agreement -- Availability of resolution or interlocal
3134
agreement.
3135
(1) The approval and adoption of each resolution or interlocal agreement under
3136
Subsection
17C-4-201
(2) shall be in an open and public meeting.
3137
(2) (a) Upon the adoption of a resolution or interlocal agreement under Section
3138
17C-4-201
, the agency shall provide notice as provided in Subsection (2)(b) by:
3139
(i) publishing or causing to be published a notice in a newspaper of general circulation
3140
within the agency's boundaries; or
3141
(ii) if there is no newspaper of general circulation within the agency's boundaries,
3142
causing a notice to be posted in at least three public places within the agency's boundaries.
3143
(b) Each notice under Subsection (2)(a) shall:
3144
(i) set forth a summary of the resolution or interlocal agreement; and
3145
(ii) include a statement that the resolution or interlocal agreement is available for
3146
general public inspection and the hours of inspection.
3147
(3) The resolution or interlocal agreement shall become effective on the date of:
3148
(a) if notice was published under Subsection (2)(a), publication of the notice; or
3149
(b) if notice was posted under Subsection (2)(a), posting of the notice.
3150
(4) (a) For a period of 30 days after the effective date of the resolution or interlocal
3151
agreement under Subsection (3), any person in interest may contest the resolution or interlocal
3152
agreement or the procedure used to adopt the resolution or interlocal agreement if the
3153
resolution or interlocal agreement or procedure fails to comply with applicable statutory
3154
requirements.
3155
(b) After the 30-day period under Subsection (4)(a) expires, no person may contest the
3156
interlocal agreement for any cause.
3157
(5) Each agency that is to receive funds under a resolution or interlocal agreement
3158
under Section
17C-4-201
and each taxing entity or public agency that approves a resolution or
3159
enters into an interlocal agreement under Section
17C-4-201
shall make the resolution or
3160
interlocal agreement, as the case may be, available at its offices to the general public for
3161
inspection and copying during normal business hours.
3162
Section 104.
Section
17C-4-203
is enacted to read:
3163
17C-4-203. Requirement to file a copy of the resolution or interlocal agreement --
3164
County payment of tax increment to the agency.
3165
(1) Each agency that is to receive funds under a resolution or interlocal agreement
3166
under Section
17C-4-201
shall, within 30 days after the effective date of the resolution or
3167
interlocal agreement, file a copy of it with:
3168
(a) the State Tax Commission and the state auditor; and
3169
(b) the auditor of the county in which the project area is located, if the resolution or
3170
interlocal agreement provides for the agency to receive tax increment from the taxing entity or
3171
public agency that adopted the resolution or entered into the interlocal agreement.
3172
(2) Each county that collects property tax on property within a community
3173
development project area shall, in the manner and at the time provided in Section
59-2-1365
,
3174
pay and distribute to the agency the tax increment that the agency is entitled to receive under a
3175
resolution approved or an interlocal agreement adopted under Section
17C-4-201
.
3176
Section 105.
Section
17C-4-204
is enacted to read:
3177
17C-4-204. Adoption of a budget for a community development project area plan
3178
-- Amendment.
3179
(1) An agency may prepare and, by resolution adopted at a regular or special meeting
3180
of the agency board, adopt a budget setting forth:
3181
(a) the anticipated costs, including administrative costs, of implementing the
3182
community development project area plan; and
3183
(b) the tax increment, sales tax, and other revenue the agency anticipates receiving to
3184
fund the project.
3185
(2) An agency may, by resolution adopted at a regular or special meeting of the agency
3186
board, amend a budget adopted under Subsection (1).
3187
(3) Each resolution to adopt or amend a budget under this section shall appear as an
3188
item on the agenda for the regular or special agency board meeting at which the resolution is
3189
adopted. No other notice is required.
3190
Section 106.
Section
17C-4-301
is enacted to read:
3191
Part 3. Community Development Hearings
3192
17C-4-301. Continuing a plan hearing.
3193
Subject to Section
17C-4-302
, a board may continue a plan hearing from time to time.
3194
Section 107.
Section
17C-4-302
is enacted to read:
3195
17C-4-302. Notice required for continued hearing.
3196
The board shall give notice of a hearing continued under Section
17C-4-301
by
3197
announcing at the hearing:
3198
(1) the date, time, and place the hearing will be resumed; or
3199
(2) that it is being continued to a later time and causing a notice of the continued
3200
hearing to be:
3201
(a) published once in a newspaper of general circulation within the agency boundaries
3202
at least seven days before the hearing is scheduled to resume; or
3203
(b) if there is no newspaper of general circulation, posted in at least three conspicuous
3204
places within the boundaries of the agency in which the project area or proposed project area is
3205
located.
3206
Section 108.
Section
17C-4-401
is enacted to read:
3207
Part 4. Community Development Notice Requirements
3208
17C-4-401. Agency required to provide notice of plan hearing.
3209
Each agency shall provide notice of each plan hearing as provided in Section
3210
17C-4-402
.
3211
Section 109.
Section
17C-4-402
is enacted to read:
3212
17C-4-402. Requirements for notice provided by agency.
3213
(1) The notice required by Section
17C-4-401
shall be given by:
3214
(a) (i) publishing one notice, excluding the map referred to in Subsection (2)(b), in a
3215
newspaper of general circulation within the county in which the project area or proposed
3216
project area is located, at least 14 days before the hearing; or
3217
(ii) if there is no newspaper of general circulation, posting notice, at least 14 days
3218
before the hearing, in at least three conspicuous places within the county in which the project
3219
area or proposed project area is located; and
3220
(b) at least 30 days before the hearing, mailing notice to:
3221
(i) each record owner of property located within the project area or proposed project
3222
area;
3223
(ii) the State Tax Commission;
3224
(iii) the assessor and auditor of the county in which the project area or proposed project
3225
area is located; and
3226
(iv) the State Board of Education and the legislative body or governing board of each
3227
taxing entity.
3228
(2) The mailing of the notice to record property owners required under Subsection
3229
(1)(b)(i) shall be conclusively considered to have been properly completed if:
3230
(a) the agency mails the notice to the property owners as shown in the records,
3231
including an electronic database, of the county recorder's office and at the addresses shown in
3232
those records; and
3233
(b) the county recorder's office records used by the agency in identifying owners to
3234
whom the notice is mailed and their addresses were obtained or accessed from the county
3235
recorder's office no earlier than 30 days before the mailing.
3236
(3) The agency shall include in each notice required under Section
17C-4-401
:
3237
(a) (i) a specific description of the boundaries of the project area or proposed project
3238
area; or
3239
(ii) (A) a mailing address or telephone number where a person may request that a copy
3240
of the description be sent at no cost to the person by mail or facsimile transmission; and
3241
(B) if the agency has an Internet website, an Internet address where a person may gain
3242
access to an electronic, printable copy of the description;
3243
(b) a map of the boundaries of the project area or proposed project area;
3244
(c) an explanation of the purpose of the hearing;
3245
(d) a statement of the date, time, and location of the hearing;
3246
(e) an invitation to the recipient of the notice to submit to the agency comments
3247
concerning the subject matter of the hearing before the date of the hearing;
3248
(f) a statement that any person objecting to the draft project area plan or contesting the
3249
regularity of any of the proceedings to adopt it may appear before the agency board at the
3250
hearing to show cause why the draft project area plan should not be adopted; and
3251
(g) a statement that the proposed project area plan is available for inspection at the
3252
agency offices.
3253
(4) An agency may include in a notice under Subsection (1) any other information the
3254
agency considers necessary or advisable, including the public purpose served by the project and
3255
any future tax benefits expected to result from the project.
3256
Section 110. Repealer.
3257
This bill repeals:
3258
Section 17B-4-404, Limit on size of project area in certain project area plans.
3259
Section 17B-4-601, Additional procedure for adopting a redevelopment project
3260
area plan.
3261
Section 17B-4-901, Property owner and tenant opportunities to participate in
3262
redevelopment project -- Preferential opportunities.
3263
Section 17B-4-902, Statement of rights of owners of property in redevelopment
3264
project area.
3265
Section 17B-4-1101, Use of eminent domain prohibited.
3266
Section 17B-4-1104, Limitation on acquisition of property with existing building.
Legislative Review Note
as of 2-7-06 10:02 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.