Utah § 42b-107 - Public meeting -- Adoption of ordinance or resolution regarding proposed assessment area -- Limitations.
Full text of Utah Utah Code § 42b-107 — Public meeting -- Adoption of ordinance or resolution regarding proposed assessment area -- Limitations., with citation guidance and answers to common questions.
§ 42b-107. Public meeting -- Adoption of ordinance or resolution regarding proposed assessment area -- Limitations.
Effective 5/4/2022 11-42b-107.
Public meeting -- Adoption of ordinance or resolution regarding proposed assessment area -- Limitations.
(1)
(a)
After holding a public hearing under Section 11-42b-106 and within 90 days after the day that the protest period expires in accordance with Section 11-42b-105, the legislative body shall:
(i)
count the written protests filed or withdrawn in accordance with Section 11-42b-105 and calculate whether adequate protests have been filed; and
(ii)
hold a public meeting to announce the protest tally and whether adequate protests have been filed.
(b)
Adequate protests are filed under Subsection (1)(a) if protests have been filed by a qualified number of owners.
(c)
If adequate protests are not filed, the legislative body at the public meeting may adopt a resolution or ordinance:
(i)
abandoning the proposal to designate an assessment area; or
(ii)
(A)
designating an assessment area; and
(B)
approving a management plan as proposed under Section 11-42b-103, or with changes under Subsection (1)(e).
(d)
If adequate protests are filed, the legislative body at the public meeting:
(i)
may not adopt a resolution or ordinance designating the assessment area; and
(ii)
may adopt a resolution or ordinance to abandon the proposal to designate the assessment area.
(e)
In the absence of adequate protests upon the expiration of the protest period and subject to Subsection (1)(e)(ii), the legislative body may make changes to:
(i)
a beneficial activity proposed for implementation under the proposed management plan; or
(ii)
the area or areas proposed to be included within the assessment area under the proposed management plan.
(2)
A legislative body may not make a change in accordance with Subsection (1)(e)(i) if the change would result in:
(a)
a change in the nature of a beneficial activity or reduction in the estimated amount of benefit to a benefitted property, whether in size, quality, or otherwise, than that described in the proposed management plan;
(b)
an estimated total assessment to any benefitted business within the assessment area that exceeds the estimate described in the proposed management plan; or
(c)
a financing term that extends beyond the estimated term of financing under the proposed management plan.
(3)
After the adoption of an ordinance or resolution described in Subsection (1)(c)(ii), the legislative body may contract with a third party administrator to provide beneficial activities within the assessment area.
Section 42b-107 ("Public meeting -- Adoption of ordinance or resolution regarding proposed assessment area -- Limitations.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 42b-107?
A common citation format is "Utah Code § 42b-107" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 42b-107 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
