§ 11-42b-107 — Public meeting -- Adoption of ordinance or resolution regarding proposed assessment area -- Limitations.

(1) (1)(a) After holding a public hearing under Section 11-42b-106 and within 90 days after the day that the protest period expires in accordance with Section 11-42b-105, the legislative body shall:
(1)(a)(i) count the written protests filed or withdrawn in accordance with Section 11-42b-105 and calculate whether adequate protests have been filed; and
(1)(a)(ii) hold a public meeting to announce the protest tally and whether adequate protests have been filed.
(1)(b) Adequate protests are filed under Subsection (1)(a) if protests have been filed by a qualified number of owners.
(1)(c) If adequate protests are not filed, the legislative body at the public meeting may adopt a resolution or ordinance:
(1)(c)(i) abandoning the proposal to designate an assessment area; or
(1)(c)(ii) (1)(c)(ii)(A) designating an assessment area; and
(1)(c)(ii)(B) approving a management plan as proposed under Section 11-42b-103, or with changes under Subsection (1)(e).
(1)(d) If adequate protests are filed, the legislative body at the public meeting:
(1)(d)(i) may not adopt a resolution or ordinance designating the assessment area; and
(1)(d)(ii) may adopt a resolution or ordinance to abandon the proposal to designate the assessment area.
(1)(e) In the absence of adequate protests upon the expiration of the protest period and subject to Subsection (1)(e)(ii), the legislative body may make changes to:
(1)(e)(i) a beneficial activity proposed for implementation under the proposed management plan; or
(1)(e)(ii) the area or areas proposed to be included within the assessment area under the proposed management plan.
(2) A legislative body may not make a change in accordance with Subsection (1)(e)(i) if the change would result in:

(2)(a) a change in the nature of a beneficial activity or reduction in the estimated amount of benefit to a benefitted property, whether in size, quality, or otherwise, than that described in the proposed management plan;
(2)(b) an estimated total assessment to any benefitted business within the assessment area that exceeds the estimate described in the proposed management plan; or
(2)(c) a financing term that extends beyond the estimated term of financing under the proposed management plan.
(3) After the adoption of an ordinance or resolution described in Subsection (1)(c)(ii), the legislative body may contract with a third party administrator to provide beneficial activities within the assessment area.

Legislative History

Enacted by Chapter 376, 2022 General Session