17C-4-202 - Resolution or interlocal agreement to provide funds for the community development project area plan -- Notice -- Effective date of resolution or interlocal agreement -- Time to contest res
17C-4-202. Resolution or interlocal agreement to provide funds for the communitydevelopment project area plan -- Notice -- Effective date of resolution or interlocalagreement -- Time to contest resolution or interlocal agreement -- Availability of resolutionor interlocal agreement.
(1) The approval and adoption of each resolution or interlocal agreement underSubsection 17C-4-201(2) shall be in an open and public meeting.
(2) (a) Upon the adoption of a resolution or interlocal agreement under Section17C-4-201, the agency shall provide notice as provided in Subsection (2)(b) by:
(i) (A) publishing or causing to be published a notice in a newspaper of generalcirculation within the agency's boundaries; or
(B) if there is no newspaper of general circulation within the agency's boundaries,causing a notice to be posted in at least three public places within the agency's boundaries; and
(ii) publishing or causing to be published a notice on the Utah Public Notice Websitecreated in Section 63F-1-701.
(b) Each notice under Subsection (2)(a) shall:
(i) set forth a summary of the resolution or interlocal agreement; and
(ii) include a statement that the resolution or interlocal agreement is available for generalpublic inspection and the hours of inspection.
(3) The resolution or interlocal agreement shall become effective on the date of:
(a) if notice was published under Subsection (2)(a)(i)(A) or (ii), publication of the notice;or
(b) if notice was posted under Subsection (2)(a)(i)(B), posting of the notice.
(4) (a) For a period of 30 days after the effective date of the resolution or interlocalagreement under Subsection (3), any person in interest may contest the resolution or interlocalagreement or the procedure used to adopt the resolution or interlocal agreement if the resolutionor interlocal agreement or procedure fails to comply with applicable statutory requirements.
(b) After the 30-day period under Subsection (4)(a) expires, a person may not, for anycause, contest:
(i) the resolution or interlocal agreement;
(ii) a payment to the agency under the resolution or interlocal agreement; or
(iii) the agency's use of tax increment under the resolution or interlocal agreement.
(5) Each agency that is to receive funds under a resolution or interlocal agreement underSection 17C-4-201 and each taxing entity or public entity that approves a resolution or enters intoan interlocal agreement under Section 17C-4-201 shall make the resolution or interlocalagreement, as the case may be, available at its offices to the general public for inspection andcopying during normal business hours.
Amended by Chapter 90, 2010 General Session
Amended by Chapter 279, 2010 General Session