JurisdictionUtahTitle 11Cities, Counties, and Local Taxing Units
Ch. 11-42aCommercial Property Assessed Clean Energy Act
Part 11-42a-2Energy Assessments
This text of Utah § 11-42a-205 (Installment payment of assessments.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)In an energy assessment resolution or ordinance that a local entity adopts under Subsection 11-42a-201(1)(a), the governing body may provide that some or all of the assessment be paid in installments:
(1)(a) in accordance with the resolution or ordinance; and
(1)(b) over a period not to exceed 30 years from the effective date of the resolution or ordinance.
(2)(2)(a) Each governing body that adopts an energy assessment resolution or ordinance that provides for the assessment to be paid in installments shall ensure that the resolution or ordinance provides that the unpaid balance of the assessment bears interest at a fixed rate, a variable rate, or a combination of fixed and variable rates, as determined by the governing body, from the effective date of the resolution or ordinance or
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(1) In an energy assessment resolution or ordinance that a local entity adopts under Subsection 11-42a-201(1)(a), the governing body may provide that some or all of the assessment be paid in installments:
(1)(a) in accordance with the resolution or ordinance; and
(1)(b) over a period not to exceed 30 years from the effective date of the resolution or ordinance.
(2) (2)(a) Each governing body that adopts an energy assessment resolution or ordinance that provides for the assessment to be paid in installments shall ensure that the resolution or ordinance provides that the unpaid balance of the assessment bears interest at a fixed rate, a variable rate, or a combination of fixed and variable rates, as determined by the governing body, from the effective date of the resolution or ordinance or another date that the resolution or ordinance specifies.
(2)(b) Each governing body that adopts an energy assessment resolution or ordinance that provides for the unpaid balance of the assessment to bear interest at a variable rate shall ensure that the resolution or ordinance specifies:
(2)(b)(i) the basis upon which the rate is to be determined from time to time;
(2)(b)(ii) the manner in which and schedule upon which the rate is to be adjusted; and
(2)(b)(iii) a maximum rate that the assessment may bear.
(3) Interest payable on assessments may include:
(3)(a) interest on energy assessment bonds;
(3)(b) ongoing costs that the local entity incurs for administration of the energy assessment area;
(3)(c) a trustee's fees and expenses; and
(3)(d) any costs that the local entity incurs with respect to:
(3)(d)(i) securing a letter of credit or other instrument to secure payment or repurchase of bonds; or
(3)(d)(ii) retaining a marketing agent or an indexing agent.
(4) A property owner shall pay interest imposed in an energy assessment resolution or ordinance annually or at more frequent intervals as the resolution or ordinance provides, in addition to the amount of each installment.
(5) (5)(a) At any time, a property owner may prepay some or all of the assessment levied against the owner's property.
(5)(b) A local entity may require that a prepayment of an installment include:
(5)(b)(i) an amount equal to the interest that would accrue on the assessment to the next date on which interest is payable on a bond issued or a loan made in anticipation of the collection of the assessment; and
(5)(b)(ii) the amount necessary, as determined by the governing body or the officer that the governing body designates, to ensure the availability of money to pay:
(5)(b)(ii)(A) interest that becomes due and payable on a bond or loan described in Subsection (5)(b)(i); and
(5)(b)(ii)(B) any premiums that become payable on a loan that is prepaid or on a bond that is called for redemption in order to use the money from the prepaid assessment installment.