Section 109 – Renewal of assessment area designation — Procedure — Disposition of previous revenues.

• (1) Upon the expiration of an assessment area, the legislative body may, for a period not to exceed 10 years, renew the assessment area as provided in this section.

• (2)
  • (a) If there are no changes to the management plan or the designation of the third party administrator, the legislative body may not renew the assessment area unless:
    • (i) subject to Subsection (2)(c), the legislative body gives notice of the proposed renewal;
    • (ii) the legislative body holds a public meeting no more than 90 days after the day on which the legislative body gives notice under Subsection (2)(a)(i); and
    • (iii) at the public meeting described in Subsection (2)(a)(ii), the legislative body adopts an ordinance or resolution renewing the assessment area designation.
  • (b) If there are changes to the management plan or the designation of the third party administrator, the legislative body may not renew the assessment area unless the legislative body:
    • (i) gives notice of the proposed renewal in accordance with Section 11-42b-104;
    • (ii) receives and considers all protests filed under Section 11-42b-105;
    • (iii) holds a public hearing as provided in Section 11-42b-106;
    • (iv) holds a public meeting as provided in Section 11-42b-107; and
    • (v) at the public meeting described in Subsection (2)(b)(iv), adopts an ordinance or resolution renewing the assessment area.
  • (c) The notice described in Subsection (2)(a)(i) shall:
    • (i) state:
      • (A) that the legislative body proposes to renew the assessment area with no changes; and
      • (B) the date, time, and place of the public meeting described in Subsection (2)(a)(ii);
    • (ii)
      • (A) be posted in at least three public places within the specified county’s geographic boundaries at least 20 but not more than 35 days before the day of the public meeting described in Subsection (2)(a)(ii); and
      • (B) be published on the Utah Public Notice Website described in Section 63A-16-601 for four weeks before the public meeting described in Subsection (2)(a)(ii); and
    • (iii) be mailed, postage prepaid, within 10 days after the first publication or posting of the notice under Subsection (2)(c)(ii) to each owner of benefitted property within the assessment area at the owner’s mailing address.

• (3)
  • (a) Upon renewal of an assessment area, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed assessment area.
  • (b) If the renewed assessment area includes a benefitted property that was not included in the previous assessment area, the third party administrator may only expend revenues described in Subsection (3)(a) on benefitted properties that were included in the previous assessment area.
  • (c) If the renewed assessment area does not include a benefitted property that was included in the previous assessment area, the third party administrator shall refund to the owner of the benefitted property the revenues described in Subsection (3)(a) attributable to the benefitted property.

Enacted by Chapter 376, 2022 General Session