Utah Code § 17D-4-202.1 — Utah Code / Title 17D / Chapter 17D-4 / § 17D-4-202.1
§ 17D-4-202.1. Convention center public infrastructure -- District board -- Petition and process requirements -- Governing document.
Status: in_force

(1) As used is this section: (a) "City" means a municipality of the first class located in a county of the first class in which a convention center is located. (b) "County" means a county in which a convention center is located. (c) "Lessee" means a lessee of property within the proposed convention center public infrastructure district that leases the property from the city or county for a term of at least 10 years. (d) (i) "Petitioner" means: (A) a surface property owner, a property owner, or lessee of property within a proposed convention center public infrastructure district's boundaries that initiates the formation of a convention center public infrastructure district; or (B) a surface property owner under this chapter, and Title 17B, Chapter 1, Provisions Applicable to All Special Districts, in relation to a convention center public infrastructure district. (ii) "Petitioner" does not include a city, county, or other public entity. (2) A convention center public infrastructure district shall be created in a city upon the submission of a petition in accordance with this part and shall have all the powers of a public infrastructure district under this chapter. (3) A convention center public infrastructure district may only be created within a city in which a convention center is located. (4) The petition described in Subsection (2) shall: (a) include the governing document; and (b) for a petition to a city which has previously authorized revitalization taxes described in Section 63N-23-803, include as part of the governing document approval and authorization of an interlocal agreement pledging and securing the revitalization taxes for debt of the proposed convention center public infrastructure district. (5) (a) The process for creating a convention center public infrastructure district or a convention center public infrastructure district in a capital city shall be initiated by the submission of a petition and a governing document to the city, except that: (i) the city recorder shall certify the petition within 14 days from the day the petitioner submits the petition to the city recorder; (ii) if the city recorder fails to certify the petition within the time described in Subsection (5)(a)(i), the petition shall be considered certified; and (iii) within 30 days from the day that the petitioner submits the petition to the city recorder, or if the city and the petitioner have come to an agreement as described in Subsection (5)(b), the city shall adopt a resolution to approve: (A) the governing document the petitioner submitted with the petition; and (B) the creation of a convention center public infrastructure district or a convention center public infrastructure district in a capital city. (b) Notwithstanding Subsection (5)(a), the city and petitioner may negotiate the finalized terms of the petition, including the terms of an interlocal agreement, within a time period agreed upon by the city and petitioner. (6) (a) The boundaries of a convention center public infrastructure district shall be limited to an area within a one-half-mile radius of a convention center. (b) If a parcel is intersected by the radius described in Subsection (6)(a), the entire parcel may be included in the district. (7) A convention center public infrastructure district shall be subject to the following provisions regarding taxation and financing: (a) a convention center public infrastructure district may levy an administrative tax of up to 0.0005 per dollar of taxable value on taxable property within the district; and (b) the administrative tax shall be used exclusively for administrative expenses and may not be used for capital costs or debt payment. (8) A convention center public infrastructure district shall be governed by the governing document submitted and approved as described in this section. (9) The convention center public infrastructure board shall consist of five members to be appointed by the board in accordance with the governing document as follows: (a) three members shall be representatives of the petitioner and selected by the petitioner; (b) one member may be a representative of the city and selected by the mayor of the city; and (c) one member may be a representative of the county and selected by the mayor of the county. (10) (a) Except as provided in Subsection (10)(b), upon a vacancy or expiration of a term of a board member for a convention center public infrastructure district, the board shall appoint the replacement in the same manner as described in Subsection (9) for the unexpired period of the board member's term. (b) If a city or county mayor chooses not to select a member of the board as described in Subsection (9)(b) or (c), elects in writing to permanently abdicate the board seat, or chooses to vacate a member at any time, the petitioner shall select a member for the replacement who shall not be a representative of the city or county in which the convention center is located. (11) (a) A convention center public infrastructure district shall enter into an interlocal agreement with the relevant county that provides that, for any revenue that is transferred to the convention center public infrastructure district from a convention center reinvestment zone created in accordance with Title 63N, Chapter 23, Part 3, Convention Center Reinvestment Zone or Title 63N, Chapter 23, Part 4, Convention Center Reinvestment Zone in a Capital City, the mayor of the county shall have approval authority for the expenditure of any revenue related to a convention center revitalization project, as that term is defined in Section 63N-23-101. (b) The approval authority described in Subsection (11)(a) does not include approval authority over: (i) any bonds or debt or related terms issued by the convention center public infrastructure district; or (ii) revenue subject to a participation agreement entered into in accordance with Title 63N, Chapter 23, Part 8, Capital City Revitalization Zone.