2006 Utah Code - 17A-3-205 — Notice of intent to create special improvement district -- Contents.

     17A-3-205.   Notice of intent to create special improvement district -- Contents.
     (1) Before a special improvement district is created, the governing body shall give notice of its intention to make the improvements and to levy assessments to pay all or a part of the costs of the improvements.
     (a) The notice shall state the purpose for which the assessments are to be levied.
     (b) The notice shall state the method or methods under which the assessments are proposed to be levied, that is, according to frontage, according to area, according to taxable value, according to lots, according to number of connections, or by any combination of these methods.
     (c) The notice shall describe the district. The description may be by metes and bounds, by reference to streets or extensions of streets, by street addresses, by identifiable structures, or by any other means reasonably describing the district so as to permit owners of property in the district to ascertain that their property is within the district. All property to be assessed must be included within the district, but it is not a defect if property which is not to be assessed is included. Different areas that are not connected or contiguous may be included in a single special improvement district and separate boundaries for each of these areas may be established, or all or one or more of these areas may be included within a single boundary.
     (d) In a general way, the notice shall describe the improvements proposed to be made, showing the places the improvements are proposed to be made and the general nature of the improvements. The improvements may be described by type or kind and the places the improvements are proposed to be made may be described by reference to streets or portions of streets or extensions of streets or by any other means the governing body may choose that reasonably describes the improvements proposed to be made.
     (e) The notice shall state the estimated cost of the improvements as determined by the project engineer. If the actual cost of the improvements exceeds the estimated cost, the governing body may, nevertheless, levy assessments in excess of the estimated cost.
     (f) The notice shall state that it is proposed to levy assessments on property in the district to pay all or a portion of the cost of the improvements according to the estimated direct or indirect benefits to be derived from them by the property, which benefits need not actually increase the fair market value of the assessed property.
     (g) The notice shall designate the time within which and the place where protests shall be filed and the time and place at which the governing body will conduct a public hearing to consider these protests.
     (h) If the governing body elects to create and fund from assessments a separate reserve fund for the proposed bond issue as provided in Section 17A-3-233, the notice shall describe how the reserve fund would be funded and how the remaining moneys on deposit in the reserve fund would be disbursed with payment in full of the bonds.
     (i) If the governing body desires to create a special improvement district wherein only properties are assessed, the owners of which voluntarily consent to an assessment, the notice shall include a consent form to be used to obtain the consent of each owner of property to be assessed that:
     (i) estimates the total assessment to be levied against the particular piece of property;
     (ii) describes the additional benefits, if any, to be received from the improvements by the owners of properties to be assessed; and
     (iii) designates a time and date by which the fully executed consent form be received by

the clerk or secretary of the governing body.
     (2) The notice may contain other information the governing body determines to be appropriate, including the amount or proportion of the cost of the improvements to be paid for by the governing entity or from sources other than assessments, the estimated amount of each type of assessment for the various improvements to be made according to the method of assessment chosen by the governing body, and provisions for any optional improvements. The failure to include this information may not be considered jurisdictional or a defect preventing the governing entity from proceeding with the special improvement district. The inclusion of this permitted information is not considered a limitation on the governing entity from subsequently changing its plans in regard to any of the established information.

Amended by Chapter 214, 1990 General Session
Renumbered and Amended by Chapter 186, 1990 General Session