State Codes and Statutes

Statutes > Utah > Title-11 > Chapter-42 > 11-42-206

11-42-206. Adoption of a resolution or ordinance regarding a proposed assessmentarea -- Designation of an assessment area may not occur if adequate protests filed --Recording of resolution or ordinance and notice of proposed assessment.
(1) After holding a public hearing under Section 11-42-204 and considering protests filedunder Section 11-42-203, and subject to Subsection (3), the governing body shall adopt aresolution or ordinance:
(a) abandoning the proposal to designate an assessment area; or
(b) designating an assessment area as described in the notice under Section 11-42-202 orwith the changes made as authorized under Subsection 11-42-204(4).
(2) If the notice under Section 11-42-202 indicates that the proposed assessment area is avoluntary assessment area, the governing body shall:
(a) delete from the proposed assessment area all property whose owners have notsubmitted an executed consent form consenting to inclusion of the owner's property in theproposed assessment area; and
(b) determine whether to designate a voluntary assessment area, after considering:
(i) the amount of the proposed assessment to be levied on the property within thevoluntary assessment area; and
(ii) the benefits that property within the voluntary assessment area will receive fromimprovements proposed to be financed by assessments on the property.
(3) If adequate protests have been filed, the governing body may not designate anassessment area as described in the notice under Section 11-42-202.
(4) (a) If the governing body adopts a designation resolution or ordinance designating anassessment area, the governing body shall, within 15 days after adopting the designationresolution or ordinance:
(i) record the original or certified copy of the designation resolution or ordinance in theoffice of the recorder of the county in which property within the assessment area is located; and
(ii) file with the recorder of the county in which property within the assessment area islocated a notice of proposed assessment that:
(A) states that the local entity has designated an assessment area; and
(B) lists, by legal description and tax identification number, the property proposed to beassessed.
(b) A governing body's failure to comply with the requirements of Subsection (4)(a) doesnot invalidate the designation of an assessment area.
(5) After the adoption of a designation resolution or ordinance under Subsection (1)(b),the local entity may begin providing the specified improvements.

Enacted by Chapter 329, 2007 General Session