2006 Utah Code - 17A-3-303 — Definitions.

     17A-3-303.   Definitions.
     As used in this part:
     (1) (a) "Assessment" means a special tax levied against property within a special improvement district to pay all or a portion of the costs of making improvements in the district.
     (b) "Assessment" or "assessments" in Subsection 17A-3-321 (3) and Sections 17A-3-322, 17A-3-324, 17A-3-325, 17A-3-326, 17A-3-331, 17A-3-332, 17A-3-333, 17A-3-338, and 17A-3-340, include any reduced payment obligations.
     (2) (a) "Bonds" or "special improvement bonds" means bonds issued under this part payable from assessments, improvement revenues, and from the special improvement guaranty fund, or reserve fund, as applicable, established as provided in this part.
     (b) "Bonds" or "special improvement bonds" in the following provisions include any special improvement refunding bonds:
     (i) Subsection 17A-3-304(3)(d);
     (ii) Sections 17A-3-321, 17A-3-322, 17A-3-325, 17A-3-326, 17A-3-327, 17A-3-331, 17A-3-332, and 17A-3-333;
     (iii) Section 17A-3-336, except the reference in that section to "bond fund"; and
     (iv) Sections 17A-3-337, 17A-3-339, and 17A-3-342.
     (3) (a) "Connection fee" means a fee:
     (i) charged by the governing body to connect onto the municipal sewer, water, gas, or electrical system; and
     (ii) used to finance special improvements in a special improvement district or to pay for the privilege of using existing improvements of the municipality.
     (b) "Connection fee" includes a fee charged by the governing body to pay for the costs of connecting onto the municipal sewer, water, gas, or electrical system even though the improvements are installed on the assessed owner's property.
     (4) "Contract price" means the amount payable to one or more contractors for the designing, engineering, inspection, and making of improvements in a special improvement district. The costs of improvements, other than designing, engineering, and inspection costs, shall be incurred under any contract let to the lowest responsible bidder as required by this part, including amounts payable for extra or additional work when authorized by the governing body or in accordance with the terms of the contract, less appropriate credit for work deleted from the contract when authorized by the governing body, or in accordance with the contract.
     (5) "Economic promotion activities" means promotion and developmental activities such as sponsoring festivals and markets in the downtown area, promoting business investment in the downtown area, helping to coordinate public and private actions in the downtown area, and developing and issuing publications on the downtown area designed to improve the economic well-being of the downtown area.
     (6) "Governing body" means the board of commissioners or city council of a city or the town council of a town.
     (7) "Improvement revenues" means any charges, fees, or other revenues received by a municipality from improvements described in Section 17A-3-304.
     (8) "Incidental refunding costs" means any costs of issuing special improvement refunding bonds and of calling, retiring, or paying prior bonds, including legal fees, accounting fees, charges of fiscal agents, escrow agents, and trustees, underwriting discount, printing costs, giving of notices, any premium necessary in the calling or retiring of the prior bonds, any other

costs that the governing body determines are necessary or desirable in connection with the issuance of special improvement refunding bonds, and any interest on the prior bonds that is required to be paid in connection with the issuance of the special improvement refunding bonds.
     (9) "Installment payment date" means the date on which installment payments of assessments are payable.
     (10) "Municipality" means a city or town of this state.
     (11) (a) "Net improvement revenues" means all improvement revenues received by a municipality since the last installment payment date minus all amounts payable by the municipality from those improvement revenues for items other than the payment of interim warrants and special improvement bonds.
     (b) "Net improvement revenues" shall be calculated as of any installment payment date.
     (12) "Optional improvements" means improvements in a special improvement district that may be conveniently installed at the same time as other improvements in the district and that the governing body provides may be installed at the option of the property owner on whose property or for whose particular benefit the improvements are made, including private driveways, irrigation ditches, and water turnouts.
     (13) "Overhead costs" means the actual costs incurred by a municipality in connection with a special improvement district for appraisals, legal fees, financial advisory charges, escrow and trustee fees, publishing and mailing notices, levying assessments, and all other incidental costs relating to the district.
     (14) "Prior bonds" means the outstanding special improvement bonds that are refunded by an issue of special improvement refunding bonds.
     (15) "Prior ordinance" means the ordinance levying the assessments from which the prior bonds and the interest on those bonds are payable.
     (16) "Property" means real property or any interest in real property.
     (17) "Property price" means the purchase or condemnation price of property acquired in order to make improvements in a special improvement district.
     (18) "Reduced payment obligations" means the reduced amounts of the assessments levied, the interest on assessments established in the prior ordinance, or both, as set forth in the amending ordinance described in Section 17A-3-329.
     (19) "Special improvement district" or "district" means a district created for the purpose of making improvements under this part.
     (20) "Special improvement fund" means the fund established under Section 17A-3-326.
     (21) "Special improvement refunding bonds" means any obligations issued to refund any special improvement bonds.

Amended by Chapter 1, 2000 General Session