Title 11, Title 11: Cities, Counties, and Local Taxing Units

11-39-101. Definitions. As used in this chapter: (1) "Bid limit" means: for a building improvement: for the year 2003, $40,000; and for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit fo…

11-39-102. Requirement for plans and specifications and cost estimate. Each local entity intending to undertake a building improvement or public works project paid for by the local entity shall cause: (1) plans and specifications to be made for the building improvement or public …

11-39-103. Requirements for undertaking a building improvement or public works project -- Request for bids -- Notice -- Authority to reject bids. (1) If the estimated cost of the building improvement or public works project exceeds the bid limit, the local entity shall, if it det…

11-39-104. Exceptions. (1) The requirements of Sectiondo not apply to: 11-39-103 emergency repairs; a building improvement or public works project if the estimated cost under Sectionis less than the bid limit; or 11-39-102 the conduct or management of any of the departments, busi…

11-39-105. Retained payments. Each payment that the local entity retains on a contract with a private person, firm, or corporation shall be retained and released as provided in Section.

11-39-106. Attorney's fees and costs in civil action. In a civil action to enforce the provisions of this part against a local entity, the court may award attorney's fees and costs to the prevailing party.

11-39-107. Procurement code. (1) This chapter may not be construed to: prohibit a county or municipal legislative body from adopting the procedures of the procurement code; or limit the application of the procurement code to a special district or special service district. (2) A l…

11-39-108. Use of overhead spray irrigation. (1) As used in this section: "Active recreation area" means an area of local entity property that is: dedicated to active use; and installed or maintained on an area with a slope of not more than 25%. "Active use" means regular use for…

11-40-101. Definitions. As used in this chapter: (1) "Applicant" means a person who seeks employment with a public water utility, either as an employee or as an independent contractor, and who, after employment, would, in the judgment of the public water utility, be in a position…

11-40-102. Criminal background check authorized -- Written notice required. (1) A public water utility may: require an applicant to submit to a criminal background check as a condition of employment; periodically require existing employees of the public water utility to submit to…

11-40-103. Duties of the Criminal Investigation and Technical Services Division -- Costs of separate file and background check. (1) If a public water utility requests the division to conduct a criminal background check, the division shall: release to the public water utility the …

11-40-104. Written notice to person whose employment is denied or terminated -- Right to respond and seek review. If a public water utility denies or terminates the employment of a person because of information obtained through a criminal background check under this chapter, the …

11-41-102. Definitions. As used in this part: (1) "Agreement" means an oral or written agreement between a public entity and a person. (2) "Business entity" means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or a…

11-41-103. Prohibition on retail facility incentive payments -- Exceptions. (1) Except as provided in Subsection, a public entity may not: (2) make a retail facility incentive payment under an agreement that is initiated or entered into on or after July 1, 2022; or initiate or en…

11-41-104. Reporting and notification requirements -- Notice to state auditor. (1) For a fiscal year beginning on or after July 1, 2022, a public entity that makes a retail facility incentive payment described in Subsectionsthroughshall submit a written report to the office on or…

11-41-201. Definitions. As used in this part: (1) "Incentive" means a payment of public funds, funded by tax increment or personal property tax revenue: from a political subdivision to a person; for the development, construction, renovation, operating, or citing of a large load c…

11-41-202. Political subdivisions prohibited from providing incentives -- Exceptions. (1) Beginning on May 6, 2027, except as provided in Subsectionsand (3), a political subdivision may not provide an incentive to a large load data center. (2) (2) A municipality or county, or age…

11-42-101. Title. This chapter is known as the "Assessment Area Act."

11-42-102. Definitions. (1) As used in this chapter: "Adequate protests" means, for all proposed assessment areas except sewer assessment areas, timely filed, written protests under Sectionthat represent at least 40% of the frontage, area, taxable value, fair market value, lots, …

11-42-103. Limit on effect of this chapter. (1) Nothing in this chapter may be construed to authorize a local entity to provide an improvement or service that the local entity is not otherwise authorized to provide. (2) Notwithstanding Subsection, a local entity may provide an en…

11-42-104. Waiver by property owners -- Requirements. (1) The owners of property to be assessed within an assessment area may waive: the prepayment period under Subsection; 11-42-411(6) a procedure that a local entity is required to follow to: designate an assessment area; or lev…

11-42-105. No limitation on other local entity powers -- Conflict with other statutory provisions. (1) This chapter may not be construed to limit a power that a local entity has under other applicable law to: make an improvement or provide a service; create a district; levy an as…

11-42-106. Action to contest assessment or proceeding -- Requirements -- Exclusive remedy -- Bonds and assessment incontestable. (1) A person who contests an assessment or any proceeding to designate an assessment area or levy an assessment may commence a civil action against the…

11-42-107. Accepting donation or contribution. A local entity may accept any donation or contribution from any source for the payment or the making of an improvement in an assessment area.

11-42-108. Utility connections before paving or repaving is done -- Failure to make connection. (1) The governing body may require: that before paving or repaving is done within an assessment area, all water, gas, sewer, and underground electric and telecommunications connections…

11-42-109. Severability. A court's invalidation of any provision of this chapter may not be considered to affect the validity of any other provision of this chapter.

11-42-201. Resolution or ordinance designating an assessment area -- Classifications within an assessment area -- Preconditions to adoption of a resolution or ordinance. (1) Subject to the requirements of this part, a governing body of a local entity intending to levy an assessme…

11-42-202. Requirements applicable to a notice of a proposed assessment area designation -- Notice. (1) Each notice required under Subsectionshall: 11-42-201(2)(a) state that the local entity proposes to: designate one or more areas within the local entity's jurisdictional bounda…

11-42-203. Protests. (1) An owner of property that is proposed to be assessed and who does not want the property to be included in an assessment area may, within 60 days after the day of the hearing described in Subsection, file a written protest: 11-42-204(1) against: the design…

11-42-204. Hearing. (1) On the date and at the time and place specified in the notice under Section, the governing body shall hold a public hearing. 11-42-202 (2) The governing body: subject to Subsection, may continue the public hearing from time to time to a fixed future date a…

11-42-205. Unimproved property. (1) Before a local entity may designate an assessment area in which more than 75% of the property proposed to be assessed consists of unimproved property, and designation of the assessment area would require that the local entity issue bonds, the l…

11-42-206. Public meeting -- Adoption of a resolution or ordinance regarding a proposed assessment area -- Designation prohibited if adequate protests filed -- Recording of resolution or ordinance and notice of proposed assessment. (1) After holding a public hearing under Section…

11-42-207. Adding property to an assessment area. (1) A local entity may add to a designated assessment area property to be benefitted and assessed if the governing body: finds that the inclusion of the property will not adversely affect the owners of property already in the asse…

11-42-208. Recording notice of deletion if property is deleted from an assessment area. If, after adoption of a designation resolution or ordinance under Section, a local entity deletes property from the assessment area, the local entity shall record a notice of deletion in a for…

11-42-301. Improvements made only under contract let to lowest responsive, responsible bidder -- Publishing notice -- Sealed bids -- Procedure -- Exceptions to contract requirement. (1) Except as otherwise provided in this section, a local entity may make improvements in an asses…

11-42-302. Contracts for work in an assessment area -- Sources of payment -- Payments as work progresses. (1) A contract for work in an assessment area or for the purchase of property required to make an improvement in an assessment area may require the contract obligation to be …

11-42-401. Levying an assessment -- Prerequisites -- Assessment list -- Partial payment allocation. (1) If a local entity has designated an assessment area in accordance with, the local entity may levy an assessment against property within that assessment area as provided in this…

11-42-402. Notice of assessment and board of equalization hearing. Each notice required under Subsectionshall: (1) state: that an assessment list is completed and available for examination at the offices of the local entity; the total estimated or actual cost of the improvements;…

11-42-403. Board of equalization -- Hearings -- Corrections to proposed assessment list -- Report to governing body -- Appeal -- Board findings final -- Waiver of objections. (1) After preparing an assessment list under Subsection, the governing body shall appoint a board of equa…

11-42-404. Adoption of a resolution or ordinance levying an assessment -- Notice of the adoption -- Effective date of resolution or ordinance -- Notice of assessment interest. (1) After receiving a final report from a board of equalization under Subsectionor, if applicable, after…

11-42-405. Limit on amount of assessment -- Costs required to be paid by the local entity. (1) An assessment levied within an assessment area may not, in the aggregate, exceed the sum of: the contract price or estimated contract price; the acquisition price of improvements; the r…

11-42-406. Assessment for economic promotion activities -- Duration -- Reporting. (1) If the governing body of a local entity designates an assessment area in accordance with, for economic promotion activities, the governing body: Part 2, Designating an Assessment Area subject to…

11-42-407. Improvements that change the grade of an existing street, alley, or sidewalk -- Improvements that improve an intersection or spaces opposite an alley. (1) If an improvement in an assessment area involves changing the grade of an existing street, alley, or sidewalk, the…

11-42-408. Assessment against government land prohibited -- Exception. (1) Except as provided in Subsection, a local entity may not levy an assessment against property owned by the federal government or a public agency, even if the property benefits from the improvement. (2) Notw…

11-42-409. Assessment requirements and prohibitions -- Economic promotion activities assessment requirements and prohibitions -- Allocation for unassessed benefitted government property. (1) Each local entity that levies an assessment under this chapter: except for an appropriate…

11-42-410. Amending an assessment resolution or ordinance. (1) A governing body may adopt a resolution or ordinance amending the original assessment resolution or ordinance adopted under Sectionto: 11-42-404 correct a deficiency, omission, error, or mistake: with respect to: the …