LegalFix

Section 113 - Expedited community reinvestment project area plan.

UT Code § 17C-5-113 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) As used in this section: (a) "Qualified business entity" means a business entity that: (i) has a primary market for the qualified business entity's goods or services outside of the state; and (ii) is not primarily engaged in retail sales. (b) "Tax increment incentive" means the portion of an agency's tax increment that is paid to a qualified business entity for the purpose of implementing a community reinvestment project area plan.

(a) "Qualified business entity" means a business entity that: (i) has a primary market for the qualified business entity's goods or services outside of the state; and (ii) is not primarily engaged in retail sales.

(i) has a primary market for the qualified business entity's goods or services outside of the state; and

(ii) is not primarily engaged in retail sales.

(b) "Tax increment incentive" means the portion of an agency's tax increment that is paid to a qualified business entity for the purpose of implementing a community reinvestment project area plan.

(2) An agency and a qualified business entity may, in accordance with Subsection (3), enter into an agreement that allows the qualified business entity to receive a tax increment incentive.

(3) An agreement described in Subsection (2) shall set annual postperformance targets for: (a) capital investment within the community reinvestment project area; (b) the number of new jobs created within the community reinvestment project area; (c) the average wage of the jobs described in Subsection (3)(b) that is at least 110% of the prevailing wage of the county within which the community reinvestment project area is located; and (d) the amount of local vendor opportunity generated by the qualified business entity.

(a) capital investment within the community reinvestment project area;

(b) the number of new jobs created within the community reinvestment project area;

(c) the average wage of the jobs described in Subsection (3)(b) that is at least 110% of the prevailing wage of the county within which the community reinvestment project area is located; and

(d) the amount of local vendor opportunity generated by the qualified business entity.

(4) A qualified business entity may only receive a tax increment incentive: (a) if the qualified business entity complies with the agreement described in Subsection (3); (b) on a postperformance basis; and (c) on an annual basis after the agency receives tax increment from a taxing entity.

(a) if the qualified business entity complies with the agreement described in Subsection (3);

(b) on a postperformance basis; and

(c) on an annual basis after the agency receives tax increment from a taxing entity.

(5) An agency may create or amend a community reinvestment project area plan for the purpose of providing a tax increment incentive without complying with the requirements described in Chapter 1, Part 8, Hearing and Notice Requirements, if: (a) the agency: (i) holds a public hearing to consider the need to create or amend a community reinvestment project area plan on an expedited basis; (ii) posts notice at least 14 days before the day on which the public hearing described in Subsection (5)(a)(i) is held on: (A) the community's website; and (B) the Utah Public Notice Website as described in Section 63F-1-701; and (iii) at the hearing described in Subsection (5)(a)(i), adopts a resolution to create or amend the community reinvestment project area plan on an expedited basis; (b) all record property owners within the existing or proposed community reinvestment project area plan give written consent; and (c) each taxing entity affected by the tax increment incentive consents and enters into an interlocal agreement with the agency authorizing the agency to pay a tax increment incentive to the qualified business entity.

(a) the agency: (i) holds a public hearing to consider the need to create or amend a community reinvestment project area plan on an expedited basis; (ii) posts notice at least 14 days before the day on which the public hearing described in Subsection (5)(a)(i) is held on: (A) the community's website; and (B) the Utah Public Notice Website as described in Section 63F-1-701; and (iii) at the hearing described in Subsection (5)(a)(i), adopts a resolution to create or amend the community reinvestment project area plan on an expedited basis;

(i) holds a public hearing to consider the need to create or amend a community reinvestment project area plan on an expedited basis;

(ii) posts notice at least 14 days before the day on which the public hearing described in Subsection (5)(a)(i) is held on: (A) the community's website; and (B) the Utah Public Notice Website as described in Section 63F-1-701; and

(A) the community's website; and

(B) the Utah Public Notice Website as described in Section 63F-1-701; and

(iii) at the hearing described in Subsection (5)(a)(i), adopts a resolution to create or amend the community reinvestment project area plan on an expedited basis;

(b) all record property owners within the existing or proposed community reinvestment project area plan give written consent; and

(c) each taxing entity affected by the tax increment incentive consents and enters into an interlocal agreement with the agency authorizing the agency to pay a tax increment incentive to the qualified business entity.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 113 - Expedited community reinvestment project area plan.