Utah Code § 63N-23-505 — Utah Code / Title 63N / Chapter 63N-23 / § 63N-23-505
§ 63N-23-505. Payment, use, and administration of revenue from a home ownership promotion zone.
Status: in_force

(1) (a) A municipality may receive tax increment and use home ownership promotion zone funds in accordance with this section. (b) The maximum amount of time that a municipality may receive and use tax increment in accordance with a home ownership promotion zone is 15 consecutive years. (2) A county that collects property tax on property located within a home ownership promotion zone shall distribute, in accordance with Section 59-2-1365, 60% of the tax increment the county collects from property within the home ownership promotion zone to the municipality over the home ownership promotion zone to use as described in this section. (3) (a) Tax increment distributed to a municipality in accordance with Subsection (2) is not revenue of the taxing entity or municipality, but home ownership promotion zone funds. (b) An agency created by the municipality within which the home ownership promotion zone is located may administer home ownership promotion zone funds. (c) Before an agency may receive home ownership promotion zone funds from a municipality, the agency shall enter into an interlocal agreement with the municipality. (4) (a) A municipality or agency shall use home ownership promotion zone funds within, or for the direct benefit of, the home ownership promotion zone. (b) If any home ownership promotion zone funds will be used outside of the home ownership promotion zone, the legislative body of the municipality shall make a finding that the use of the home ownership promotion zone funds outside of the home ownership promotion zone will directly benefit the home ownership promotion zone. (5) A municipality or agency shall use home ownership promotion zone funds to achieve the purposes described in Section 63N-23-503 by paying all or part of the costs of any of the following: (a) project improvement costs; (b) systems improvement costs; (c) water exaction costs; (d) street lighting costs; (e) environmental remediation costs; or (f) the costs of the municipality or agency to create and administer the home ownership promotion zone, which may not exceed 3% of the total home ownership promotion zone funds. (6) Home ownership promotion zone funds may be paid to a participant, if the municipality and participant enter into a participation agreement which requires the participant to use the home ownership promotion zone funds as allowed in this section. (7) Home ownership promotion zone funds may be used to pay all of the costs of bonds issued by the municipality in accordance with Title 17C, Chapter 1, Part 5, Agency Bonds, including the cost to issue and repay the bonds including interest. (8) A municipality may: (a) create one or more public infrastructure districts within a home ownership promotion zone under Title 17D, Chapter 4, Public Infrastructure District Act; and (b) pledge and use the home ownership promotion zone funds to guarantee the payment of public infrastructure bonds issued by a public infrastructure district. (9) A municipality, agency, or public infrastructure district that intends to receive or receives tax increment, as defined in Section 59-36-101, shall comply with the requirements described in Title 59, Chapter 36, Tax Increment Financing Reporting.