11-42-102 - Definitions.
11-42-102. Definitions.
(1) "Adequate protests" means timely filed, written protests under Section 11-42-203 thatrepresent at least 50% of the frontage, area, taxable value, fair market value, lots, number ofconnections, or equivalent residential units of the property proposed to be assessed, according tothe same assessment method by which the assessment is proposed to be levied, after eliminating:
(a) protests relating to:
(i) property that has been deleted from a proposed assessment area; or
(ii) an improvement that has been deleted from the proposed improvements to beprovided to property within the proposed assessment area; and
(b) protests that have been withdrawn under Subsection 11-42-203(3).
(2) "Assessment area" means an area, or, if more than one area is designated, theaggregate of all areas within a local entity's jurisdictional boundaries that is designated by a localentity under Part 2, Designating an Assessment Area, for the purpose of financing the costs ofimprovements, operation and maintenance, or economic promotion activities that benefitproperty within the area.
(3) "Assessment bonds" means bonds that are:
(a) issued under Section 11-42-605; and
(b) payable in part or in whole from assessments levied in an assessment area,improvement revenues, and a guaranty fund or reserve fund.
(4) "Assessment fund" means a special fund that a local entity establishes under Section11-42-412.
(5) "Assessment lien" means a lien on property within an assessment area that arisesfrom the levy of an assessment, as provided in Section 11-42-501.
(6) "Assessment method" means the method by which an assessment is levied againstproperty, whether by frontage, area, taxable value, fair market value, lot, number of connections,equivalent residential unit, or any combination of these methods.
(7) "Assessment ordinance" means an ordinance adopted by a local entity under Section11-42-404 that levies an assessment on benefitted property within an assessment area.
(8) "Assessment resolution" means a resolution adopted by a local entity under Section11-42-404 that levies an assessment on benefitted property within an assessment area.
(9) "Benefitted property" means property within an assessment area that directly orindirectly benefits from improvements, operation and maintenance, or economic promotionactivities.
(10) "Bond anticipation notes" means notes issued under Section 11-42-602 inanticipation of the issuance of assessment bonds.
(11) "Bonds" means assessment bonds and refunding assessment bonds.
(12) "Commercial area" means an area in which at least 75% of the property is devotedto the interchange of goods or commodities.
(13) "Connection fee" means a fee charged by a local entity to pay for the costs ofconnecting property to a publicly owned sewer, storm drainage, water, gas, communications, orelectrical system, whether or not improvements are installed on the property.
(14) "Contract price" means:
(a) the cost of acquiring an improvement, if the improvement is acquired; or
(b) the amount payable to one or more contractors for the design, engineering,inspection, and construction of an improvement.
(15) "Designation ordinance" means an ordinance adopted by a local entity under Section11-42-206 designating an assessment area.
(16) "Designation resolution" means a resolution adopted by a local entity under Section11-42-206 designating an assessment area.
(17) "Economic promotion activities" means activities that promote economic growth ina commercial area of a local entity, including:
(a) sponsoring festivals and markets;
(b) promoting business investment or activities;
(c) helping to coordinate public and private actions; and
(d) developing and issuing publications designed to improve the economic well-being ofthe commercial area.
(18) "Equivalent residential unit" means a dwelling, unit, or development that is equal toa single-family residence in terms of the nature of its use or impact on an improvement to beprovided in the assessment area.
(19) "Governing body" means:
(a) for a county, city, or town, the legislative body of the county, city, or town;
(b) for a local district, the board of trustees of the local district;
(c) for a special service district:
(i) the legislative body of the county, city, or town that established the special servicedistrict, if no administrative control board has been appointed under Section 17D-1-301; or
(ii) the administrative control board of the special service district, if an administrativecontrol board has been appointed under Section 17D-1-301; and
(d) for the military installation development authority created in Section 63H-1-201, theauthority board, as defined in Section 63H-1-102.
(20) "Guaranty fund" means the fund established by a local entity under Section11-42-701.
(21) "Improved property" means property proposed to be assessed within an assessmentarea upon which a residential, commercial, or other building has been built.
(22) "Improvement":
(a) means any publicly owned infrastructure, system, or other facility that:
(i) a local entity is authorized to provide; or
(ii) the governing body of a local entity determines is necessary or convenient to enablethe local entity to provide a service that the local entity is authorized to provide; and
(b) includes facilities in an assessment area, including a private driveway, an irrigationditch, and a water turnout, that:
(i) can be conveniently installed at the same time as an infrastructure, system, or otherfacility described in Subsection (22)(a); and
(ii) are requested by a property owner on whose property or for whose benefit theinfrastructure, system, or other facility is being installed.
(23) "Improvement revenues":
(a) means charges, fees, impact fees, or other revenues that a local entity receives fromimprovements; and
(b) does not include revenue from assessments.
(24) "Incidental refunding costs" means any costs of issuing refunding assessment bondsand calling, retiring, or paying prior bonds, including:
(a) legal and accounting fees;
(b) charges of financial advisors, escrow agents, certified public accountant verificationentities, and trustees;
(c) underwriting discount costs, printing costs, the costs of giving notice;
(d) any premium necessary in the calling or retiring of prior bonds;
(e) fees to be paid to the local entity to issue the refunding assessment bonds and torefund the outstanding prior bonds;
(f) any other costs that the governing body determines are necessary or desirable to incurin connection with the issuance of refunding assessment bonds; and
(g) any interest on the prior bonds that is required to be paid in connection with theissuance of the refunding assessment bonds.
(25) "Installment payment date" means the date on which an installment payment of anassessment is payable.
(26) "Interim warrant" means a warrant issued by a local entity under Section 11-42-601.
(27) "Jurisdictional boundaries" means:
(a) for a county, the boundaries of the unincorporated area of the county; and
(b) for each other local entity, the boundaries of the local entity.
(28) "Local district" means a local district under Title 17B, Limited Purpose LocalGovernment Entities - Local Districts.
(29) "Local entity" means a county, city, town, special service district, local district,military installation development authority created in Section 63H-1-201, or other politicalsubdivision of the state.
(30) "Local entity obligations" means assessment bonds, refunding assessment bonds,interim warrants, and bond anticipation notes issued by a local entity.
(31) "Mailing address" means:
(a) a property owner's last-known address using the name and address appearing on thelast completed real property assessment roll of the county in which the property is located; and
(b) if the property is improved property:
(i) the property's street number; or
(ii) the post office box, rural route number, or other mailing address of the property, if astreet number has not been assigned.
(32) "Net improvement revenues" means all improvement revenues that a local entity hasreceived since the last installment payment date, less all amounts payable by the local entity fromthose improvement revenues for operation and maintenance costs.
(33) "Operation and maintenance costs":
(a) means the costs that a local entity incurs in operating and maintaining improvementsin an assessment area, whether or not those improvements have been financed under this chapter;and
(b) includes service charges, administrative costs, ongoing maintenance charges, andtariffs or other charges for electrical, water, gas, or other utility usage.
(34) "Overhead costs" means the actual costs incurred or the estimated costs to beincurred by a local entity in connection with an assessment area for appraisals, legal fees, filingfees, financial advisory charges, underwriting fees, placement fees, escrow, trustee, and payingagent fees, publishing and mailing costs, costs of levying an assessment, recording costs, and allother incidental costs.
(35) "Prior bonds" means the assessment bonds that are refunded in part or in whole byrefunding assessment bonds.
(36) "Prior assessment ordinance" means the ordinance levying the assessments fromwhich the prior bonds are payable.
(37) "Prior assessment resolution" means the resolution levying the assessments fromwhich the prior bonds are payable.
(38) "Project engineer" means the surveyor or engineer employed by or privateconsulting engineer engaged by a local entity to perform the necessary engineering services forand to supervise the construction or installation of the improvements.
(39) "Property" includes real property and any interest in real property, including waterrights and leasehold rights.
(40) "Property price" means the price at which a local entity purchases or acquires byeminent domain property to make improvements in an assessment area.
(41) "Provide" or "providing," with reference to an improvement, includes theacquisition, construction, reconstruction, renovation, maintenance, repair, operation, andexpansion of an improvement.
(42) "Public agency" means:
(a) the state or any agency, department, or division of the state; and
(b) a political subdivision of the state.
(43) "Reduced payment obligation" means the full obligation of an owner of propertywithin an assessment area to pay an assessment levied on the property after the assessment hasbeen reduced because of the issuance of refunding assessment bonds, as provided in Section11-42-608.
(44) "Refunding assessment bonds" means assessment bonds that a local entity issuesunder Section 11-42-607 to refund, in part or in whole, assessment bonds.
(45) "Reserve fund" means a fund established by a local entity under Section 11-42-702.
(46) "Service" means:
(a) water, sewer, storm drainage, garbage collection, library, recreation, communications,or electric service;
(b) economic promotion activities; or
(c) any other service that a local entity is required or authorized to provide.
(47) "Special service district" has the same meaning as defined in Section 17D-1-102.
(48) "Unimproved property" means property upon which no residential, commercial, orother building has been built.
(49) "Voluntary assessment area" means an assessment area that contains only propertywhose owners have voluntarily consented to an assessment.
Amended by Chapter 92, 2009 General Session
Amended by Chapter 246, 2009 General Session