Utah Code § 17C-1-101
Title
(1) This title is known as the "Limited Purpose Local Government Entities - Community Reinvestment Agency Act." (2) This chapter is known as "Agency Operations." (3) This part is known as "General Provisions."
Utah Code Title 17C — Limited Purpose Local Government Entities - Community Reinvestment Agency Act
Utah · statute · Utah Code tit. 17C · 173 active provisions
Provisions
Utah Code § 17C-1-102
Definitions
As used in this title: (1) "Adjusted tax increment" means the percentage of tax increment, if less than 100%, that an agency is authorized to receive: (a) for a pre-July 1, 1993, project area plan, under Section 17C-1-403, excluding tax increment under Subsection 17C-1-403(3); (b) for a post-June 30, 1993, project area…
Utah Code § 17C-1-102.5
Project area created on or after May 10, 2016
Beginning on May 10, 2016, an agency: (1) may create a community reinvestment project area under Chapter 5, Community Reinvestment; (2) except as provided in Subsection (3), may not create: (a) an urban renewal project area under Chapter 2, Urban Renewal; (b) an economic development project area under Chapter 3, Econom…
Utah Code § 17C-1-103
Limitations on applicability of title -- Amendment of previously adopted project area plan
(1) Except where expressly provided, nothing in this title may be construed to: (a) impose a requirement or obligation on an agency, with respect to a project area plan adopted or an agency action taken, that was not imposed by the law in effect at the time the project area plan was adopted or the action taken; (b) pro…
Utah Code § 17C-1-104
Actions not subject to land use laws
(1) An action taken under this title is not subject to Title 10, Chapter 20, Municipal Land Use, Development, and Management Act or Title 17, Chapter 79, County Land Use, Development, and Management Act. (2) An ordinance or resolution adopted under this title is not a land use regulation as defined in Section 10-20-102…
Utah Code § 17C-1-201.1
Title
This part is known as "Agency Creation, Powers, and Board."
Utah Code § 17C-1-201.5
Creation of agency -- Name change
(1) A community legislative body may, by ordinance, create a community reinvestment agency. (2) (a) The community legislative body shall: (i) after adopting an ordinance under Subsection (1), file with the lieutenant governor a copy of a notice, subject to Subsection (2)(b), of an impending boundary action, as defined…
Utah Code § 17C-1-202
Agency powers
(1) An agency may: (a) sue and be sued; (b) enter into contracts generally; (c) buy, obtain an option upon, acquire by gift, or otherwise acquire any interest in real or personal property; (d) hold, sell, convey, grant, gift, or otherwise dispose of any interest in real or personal property, subject to the requirements…
Utah Code § 17C-1-203
Agency board -- Quorum
(1) The governing body of an agency is a board consisting of the current members of the community legislative body. (2) A majority of board members constitutes a quorum for the transaction of agency business. (3) A board may not adopt a resolution, pass a motion, or take any other official board action without the conc…
Utah Code § 17C-1-204
Project area development by an adjoining agency -- Requirements
(1) (a) A community, regardless of whether the community has created an agency, may enter into an interlocal agreement with an agency located in the same or an abutting county that authorizes the agency to exercise all the powers granted to an agency under this title within all or a portion of the community. (b) The ag…
Utah Code § 17C-1-205
Transfer of project area from one community to another
(1) As used in this section: (a) "New agency" means the agency created by the new community. (b) "New community" means the community in which the relocated project area is located after the change in community boundaries takes place. (c) "Original agency" means the agency created by the original community. (d) "Origina…
Utah Code § 17C-1-207
Public entities may assist with project area development -- Notice requirements
(1) In order to assist and cooperate in the planning, undertaking, construction, or operation of project area development within an area in which the public entity is authorized to act, a public entity may: (a) (i) provide or cause to be furnished: (A) parks, playgrounds, or other recreational facilities; (B) community…
Utah Code § 17C-1-208
Agency funds
(1) Agency funds shall be accounted for separately from the funds of the community that created the agency. (2) An agency may accumulate retained earnings or fund balances, as appropriate, in any fund.
Utah Code § 17C-1-209
Agency records
An agency shall maintain the agency's minutes, resolutions, and other records separate from those of the community that created the agency.
Utah Code § 17C-1-301.1
Title
This part is known as "Agency Property."
Utah Code § 17C-1-301.5
Agency property exempt from taxation -- Exception
(1) Agency property acquired or held for purposes of this title is public property used for essential public and governmental purposes and, subject to Subsection (2), is exempt from taxation by a taxing entity. (2) The exemption in Subsection (1) does not apply to property that the agency leases to a lessee unless the…
Utah Code § 17C-1-302
Agency property exempt from levy and execution sale -- Judgment against community or agency
(1) (a) (i) All agency property, including funds the agency owns or holds for purposes of this title, is exempt from levy and execution sale, and no execution or judicial process may issue against the property. (ii) A judgment against an agency may not be a charge or lien upon agency property. (b) Subsection (1)(a) doe…
Utah Code § 17C-1-401.1
Title
This part is known as "Project Area Funds."
Utah Code § 17C-1-401.5
Agency receipt and use of project area funds -- Distribution of project area funds
(1) An agency may receive and use project area funds in accordance with this title. (2) (a) A county that collects property tax on property located within a project area shall, in accordance with Section 59-2-1365, distribute to an agency any tax increment that the agency is authorized to receive. (b) Tax increment dis…
Utah Code § 17C-1-402
Taxing entity committee
(1) The provisions of this section apply to a taxing entity committee that is created by an agency for: (a) a post-June 30, 1993, urban renewal project area plan or economic development project area plan; (b) any other project area plan adopted before May 10, 2016, for which the agency created a taxing entity committee…
Utah Code § 17C-1-403
Tax increment under a pre-July 1, 1993, project area plan
(1) Notwithstanding any other provision of law, this section applies retroactively to tax increment under all pre-July 1, 1993, project area plans, regardless of when the applicable project area was created or the applicable project area plan was adopted. (2) (a) Beginning with the first tax year after April 1, 1983, f…
Utah Code § 17C-1-404
Tax increment under a post-June 30, 1993, project area plan
(1) This section applies to tax increment under a post-June 30, 1993, project area plan adopted before May 1, 2006, only. (2) A board may provide in the project area budget for the agency to be paid: (a) if 20% of the project area budget is allocated for housing under Section 17C-2-203: (i) 100% of annual tax increment…
Utah Code § 17C-1-405
Tax increment under a project area plan adopted on or after May 1, 2006
(1) This section applies to tax increment under a project area plan adopted on or after May 1, 2006, and before May 10, 2016. (2) Subject to the approval of the taxing entity committee, a board may provide in the urban renewal or economic development project area budget for the agency to be paid: (a) for an urban renew…
Utah Code § 17C-1-406
Additional tax increment under certain post-June 30, 1993, project area plans
(1) This section applies to a post-June 30, 1993, project area plan adopted before May 1, 2006. (2) An agency may, without the approval of the taxing entity committee, elect to be paid 100% of annual tax increment for each year beyond the periods specified in Subsection 17C-1-404(2) to a maximum of 25 years, including…
Utah Code § 17C-1-407
Limitations on tax increment
(1) (a) If the development of retail sales of goods is the primary objective of an urban renewal project area, tax increment from the urban renewal project area may not be paid to or used by an agency unless the agency makes a development impediment determination under Chapter 2, Part 3, Development Impediment Determin…
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