17C-3-402 - Requirements for notice provided by agency.
17C-3-402. Requirements for notice provided by agency.
(1) The notice required by Section 17C-3-401 shall be given by:
(a) (i) publishing one notice, excluding the map described in Subsection (3)(b), in anewspaper of general circulation within the county in which the project area or proposed projectarea is located, at least 14 days before the hearing;
(ii) if there is no newspaper of general circulation, posting notice in at least threeconspicuous places within the county in which the project area or proposed project area islocated; or
(iii) posting notice, excluding the map described in Subsection (3)(b), at least 14 daysbefore the day on which the hearing is held on:
(A) the Utah Public Notice Website described in Section 63F-1-701; and
(B) the public website of a community located within the boundaries of the project area;and
(b) at least 30 days before the hearing, mailing notice to:
(i) each record owner of property located within the project area or proposed project area;
(ii) the State Tax Commission;
(iii) the assessor and auditor of the county in which the project area or proposed projectarea is located; and
(iv) (A) each member of the taxing entity committee; or
(B) if a taxing entity committee has not yet been formed, the State Board of Educationand the legislative body or governing board of each taxing entity.
(2) The mailing of notice to record property owners required under Subsection (1)(b)(i)shall be conclusively considered to have been properly completed if:
(a) the agency mails the notice to the property owners as shown in the records, includingan electronic database, of the county recorder's office and at the addresses shown in thoserecords; and
(b) the county recorder's office records used by the agency in identifying owners towhom the notice is mailed and their addresses were obtained or accessed from the countyrecorder's office no earlier than 30 days before the mailing.
(3) The agency shall include in each notice required under Section 17C-3-401:
(a) (i) a specific description of the boundaries of the economic development project areaor proposed project area; or
(ii) (A) a mailing address or telephone number where a person may request that a copy ofthe description be sent at no cost to the person by mail or facsimile transmission; and
(B) if the agency has an Internet website, an Internet address where a person may gainaccess to an electronic, printable copy of the description;
(b) a map of the boundaries of the project area or proposed project area;
(c) an explanation of the purpose of the hearing; and
(d) a statement of the date, time, and location of the hearing.
(4) The agency shall include in each notice under Subsections (1)(b)(ii), (iii), and (iv):
(a) a statement that property tax revenues resulting from an increase in valuation ofproperty within the economic development project area or proposed project area will be paid tothe agency for economic development purposes rather than to the taxing entity to which the taxrevenues would otherwise have been paid if:
(i) the taxing entity committee consents to the project area budget; and
(ii) the project area plan provides for the agency to receive tax increment; and
(b) an invitation to the recipient of the notice to submit to the agency commentsconcerning the subject matter of the hearing before the date of the hearing.
(5) An agency may include in a notice under Subsection (1) any other information theagency considers necessary or advisable, including the public purpose served by the project andany future tax benefits expected to result from the project.
Amended by Chapter 279, 2010 General Session