11-42b-107. Public meeting -- Adoption of ordinance or resolution regarding proposed assessment area -- Limitations.
(1) After holding a public hearing under Sectionand within 90 days after the day that the protest period expires in accordance with Section, the legislative body shall: 11-42b-106 11-42b-105 count the written protests filed or withdrawn in accordance with Sectionand calculate whether adequate protests have been filed; and 11-42b-105 hold a public meeting to announce the protest tally and whether adequate protests have been filed. Adequate protests are filed under Subsectionif protests have been filed by a qualified number of owners. (1)(a) If adequate protests are not filed, the legislative body at the public meeting may adopt a resolution or ordinance: abandoning the proposal to designate an assessment area; or designating an assessment area; and approving a management plan as proposed under Section, or with changes under Subsection. 11-42b-103 (1)(e) If adequate protests are filed, the legislative body at the public meeting: may not adopt a resolution or ordinance designating the assessment area; and may adopt a resolution or ordinance to abandon the proposal to designate the assessment area. In the absence of adequate protests upon the expiration of the protest period and subject to Subsection, the legislative body may make changes to: (1)(e)(ii) a beneficial activity proposed for implementation under the proposed management plan; or 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 Subsectionif the change would result in: (1)(e)(i) 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; an estimated total assessment to any benefitted business within the assessment area that exceeds the estimate described in the proposed management plan; or 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, the legislative body may contract with a third party administrator to provide beneficial activities within the assessment area. (1)(c)(ii)