reglab/housing_qa huggingface dataset:
UT Code § 54-8-11 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 11 - Protests -- Hearings -- Representatives of utilities to be present -- Changes in proposal -- Adoption or abandonment of project.

54-8-11. Protests -- Hearings -- Representatives of utilities to be present -- Changes in proposal -- Adoption or abandonment of project.    (1)   (a) On the date and at the time and place specified in the notice under Section 54-8-9, the governing body shall in open and public session hear all objections to the creation of the proposed district, the making of the proposed improvements, and the benefits accruing to any tract, block, lot, or parcel of land in the proposed district.     (b) Representatives of the public utilities concerned shall be present at each hearing under Subsection (1)(a).     (c) A hearing under Subsection (1)(a) may be adjourned from time to time to a fixed future time and place.     (d) If at any time during a hearing under Subsection (1)(a), it appears to the governing body that changes in the proposed improvements or the proposed district should be made, which, after consultation with the public utilities concerned, appear to affect either the cost or feasibility of the improvements, the hearing shall be adjourned to a fixed future time and place and a new costs and feasibility report prepared on the basis of the contemplated changes.       (2) After the hearing has been concluded and after all persons desiring to be heard have been heard, the governing body:   (a) shall consider the arguments put forth;     (b) may make changes in the area to be included in the district as it considers desirable or necessary, if a costs and feasibility report has been prepared on the basis of those changes; and     (c) shall adopt a resolution either abandoning the district and project or determining to proceed with the district and project, either as described in the notice or with changes made as authorized in this section.      Amended by Chapter 129, 2006 General Session
UT Code § 54-8-12 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 12 - Property owners failing to appear at hearings -- Waiver of rights.

54-8-12. Property owners failing to appear at hearings -- Waiver of rights.  Every person who has real property within the boundaries of the district and who fails to appear before the governing body at the hearing and make any objection he may have to the creation of the district, the making of the improvements and the inclusion of his real property in the district, shall be deemed to have waived every such objection. Such waiver shall not, however, preclude his right to object to the amount of the assessment at the hearing for which provision is made in Section 54-8-17.  Enacted by Chapter 157, 1969 General Session
UT Code § 54-8-13 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 13 - Assessment list to be prepared.

54-8-13. Assessment list to be prepared.  After a decision is taken by a governing body to proceed with the district and project, it shall cause to be prepared an assessment list detailing the total amount to be assessed, the specific properties assessed, and the amount of assessment on each piece of property.  Enacted by Chapter 157, 1969 General Session
UT Code § 54-8-14 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 14 - Declaration of costs -- Contents of resolution.

54-8-14. Declaration of costs -- Contents of resolution.  After the preparation of the proposed assessment list, the governing body shall cause to be prepared for adoption at the hearing hereinafter provided for, a resolution declaring the entire cost of the improvement including the cost of construction as determined from the costs and feasibility report and other incidental costs, legal and fiscal fees and costs, the cost of the publication of notices and all other costs properly incident to the construction of the improvement and the financing thereof. Such resolution shall specify what share, if any, of the total cost is payable from sources other than the imposition of assessments and shall incorporate the proposed assessment list provided for in Section 54-8-13.  Enacted by Chapter 157, 1969 General Session
UT Code § 54-8-15 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 15 - Board of equalization and review -- Appointment -- Functions and authority.

54-8-15. Board of equalization and review -- Appointment -- Functions and authority.  Whenever the governing body of any municipality shall propose to levy any tax under any provision of this chapter, it shall before doing so, appoint a board of equalization and review which shall consist of three or more of its members. This board shall perform the functions of the governing body under Sections 54-8-16 and 54-8-17 and shall have authority to make corrections in the proposed assessments under the provisions of Section 54-8-17. After having concluded the public hearings provided for in Section 54-8-17, the board shall make a report to the body appointing it of any changes or corrections made by it in the assessment list together with its finding that each piece of property within the improvement district will be benefited in amounts not less than the assessment to be levied against such property.  Amended by Chapter 92, 1987 General Session
UT Code § 54-8-16 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 16 - Notice of assessment -- Publication.

 Effective 7/1/2021  54-8-16. Notice of assessment -- Publication.    (1) After the preparation of a resolution under Section 54-8-14, notice of a public hearing on the proposed assessments shall be given.     (2) The notice described in Subsection (1) shall be:   (a) published on the Utah Public Notice Website created in Section 63A-16-601, for at least 20 days before the date fixed for the hearing; and     (b) mailed by certified mail not less than 15 days prior to the date fixed for such hearing to each owner of real property whose property will be assessed for part of the cost of the improvement at the last known address of such owner using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the county wherein said affected property is located.       (3) In addition, a copy of such notice shall be addressed to "Owner" and shall be so mailed addressed to the street number of each piece of improved property to be affected by such assessment.     (4) Each notice shall state that at the specified time and place, the governing body will hold a public hearing upon the proposed assessments and shall state that any owner of any property to be assessed pursuant to the resolution will be heard on the question of whether his property will be benefited by the proposed improvement to the amount of the proposed assessment against his property and whether the amount assessed against his property constitutes more than his proper proportional share of the total cost of the improvement.     (5) The notice shall further state where a copy of the resolution proposed to be adopted levying the assessments against all real property in the district will be on file for public inspection, and that subject to such changes and corrections therein as may be made by the governing body, it is proposed to adopt the resolution at the conclusion of the hearing.     (6) A published notice shall describe the boundaries or area of the district with sufficient particularity to permit each owner of real property therein to ascertain that his property lies in the district.     (7) The mailed notice may refer to the district by name and date of creation and shall state the amount of the assessment proposed to be levied against the real property of the person to whom the notice is mailed.    Amended by Chapter 84, 2021 General SessionAmended by Chapter 345, 2021 General SessionAmended by Chapter 355, 2021 General Session
UT Code § 54-8-17 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 17 - Assessments -- Hearings on -- Corrections of -- Assessment not to exceed benefit.

54-8-17. Assessments -- Hearings on -- Corrections of -- Assessment not to exceed benefit.  On the date and at the time and place specified in the aforesaid notice, the governing body shall, in open and public session, hear all arguments relating to the benefits accruing to any tract, block, lot or parcel of land therein and the amounts proposed to be assessed against any such tract, block, lot or parcel. The hearing may be adjourned from time to time to a fixed future time and place. After the hearing has been concluded and all persons desiring to be heard have been heard, the governing body shall consider the arguments presented and shall make such corrections in the assessment list as may be considered just and equitable. Such corrections may eliminate, may increase, or may decrease the amount of the assessment proposed to be levied against any piece of property. However, no increase of any proposed assessment shall be valid unless the owner of the property is given notice and an opportunity to be heard. After such corrections have been made, the governing body shall make a specific finding that no proposed assessment on the corrected assessment list exceeds the benefit to be derived from the improvement by the piece of property to be so assessed and that no piece of property so listed will bear more than its proper proportionate share of the cost of such improvement.  Enacted by Chapter 157, 1969 General Session
UT Code § 54-8-18 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 18 - Assessments -- Resolution to adopt.

54-8-18. Assessments -- Resolution to adopt.  After the public hearing has been concluded and all corrections made to the assessment list, and in the case of a municipality, after receiving the report from the board of equalization and review, the governing body shall proceed to adopt the assessment resolution.  Enacted by Chapter 157, 1969 General Session
UT Code § 54-8-19 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 19 - Assessments -- Right to levy against property -- Due date -- Notice -- Payment in annual installments.

54-8-19. Assessments -- Right to levy against property -- Due date -- Notice -- Payment in annual installments.    (1) The governing body may levy the assessments under the assessment list in whole or in part at any time after the adoption of the assessment resolution, but if not levied as a whole, any partial levies shall be made on the basis of completed improvements and the property benefited by the improvements.     (2) The amount of the assessment will become due and collectible immediately upon the levying of the assessment and, if it is not paid within 30 days from the date of the levy, it shall, at the expiration of the 30 days, commence to bear interest at a rate fixed by the governing body but not to exceed 7% per annum.     (3)   (a) Notice shall be given in the same manner as provided in Section 54-8-16.     (b) The notice under Subsection (3)(a) shall:   (i) specify the date and amount of the levy affecting each tract, block, lot, or parcel, the date when interest will commence, the amount of such interest, and the period of years over which installment payments may be made;     (ii) identify the easement that may be acquired by Subsection 54-8-26(2); and     (iii) be recorded in the office of the recorder of the county in which the tract, block, lot, or parcel is located.         (4)   (a) If the assessment is not paid within the 30 days allowed, each owner shall be presumed to exercise the right and option to pay the amount due in equal annual installments bearing interest at the rate specified in the notice and extending over the period of years, not exceeding 20 specified in the notice.     (b) The first installment shall become due one year from the date when interest commenced, and one installment shall become due on the same day of the same month annually thereafter.     (c) Any assessment may be prepaid on any annual installment date without interest penalty provided the total balance of the assessment, including accrued interest, costs and penalties, be paid.      Amended by Chapter 129, 2006 General Session
UT Code § 54-8-20 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 20 - Assessments -- Failure to pay installment -- Interest and penalties -- Lien on property -- Sale of property -- Disposition of proceeds.

54-8-20. Assessments -- Failure to pay installment -- Interest and penalties -- Lien on property -- Sale of property -- Disposition of proceeds.  The failure to pay any installment and any interest thereon when due shall ipso facto cause all other installments and the interest thereon to become due and payable and the governing body shall, within 30 days from the date of such default, proceed against the property for the collection of the total amount due thereon, including interest plus 10% additional on unpaid principal and interest as penalties and costs of collection. Special assessments levied hereunder shall rank on an equality with taxes levied against the property assessed by the state, the county and all other taxing districts, and no sale of property for the nonpayment of taxes or other special assessments shall extinguish the lien of other than the taxes or special assessments for the nonpayment of which such sale is had. The proceeds of the sale of any property for nonpayment of special assessments shall be applied in the discharge of such assessments, the interest thereon, costs and penalties. If there are outstanding any special improvement bonds issued pursuant to the improvement in question, proceeds of the sale of any property for nonpayment of any special assessments shall after the payment therefrom of the costs of collection be applied to the costs of redemption prior to maturity of as many of the outstanding special improvement bonds as can be retired with the amount available. Any surplus remaining after the payment of amounts due shall be paid over to the owner of the property sold. The lien of special assessments levied hereunder shall be superior to all other liens against the property assessed except that it shall be on a parity with the lien of ad valorem taxes and a lien of other special assessments and shall be effective from and after the date upon which the resolution levying the assessments is adopted.  Enacted by Chapter 157, 1969 General Session
UT Code § 54-8-21 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 21 - Assessments -- Prepayment of unpaid installments.

54-8-21. Assessments -- Prepayment of unpaid installments.  The governing body may in the resolution levying the assessments provide that all unpaid installments of assessments levied against any piece of property may (but only in their entirety) be paid prior to the dates on which they become due if the property owner paying such installments pays all interest which would accrue thereon to the next succeeding date on which interest is payable on the bonds issued in anticipation of the collection of the assessments, together with such additional amount of interest as in the opinion of the governing body is necessary to assure the availability of money fully sufficient to pay interest on the bonds as interest becomes due and any redemption premiums which may become payable on the bonds in order to retire in advance of maturity bonds in a sufficient amount to utilize the assessments thus paid in advance. If no bonds have been issued then all unpaid installments of assessments levied against any piece of property may be paid in their entirety prior to the date upon which they become due by paying the principal amount due and the interest accrued thereon to the date of payment.  Enacted by Chapter 157, 1969 General Session
UT Code § 54-8-22 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 22 - Bonds -- Issuance authorized -- Amount -- Interest -- Additional requirements.

54-8-22. Bonds -- Issuance authorized -- Amount -- Interest -- Additional requirements.  After the expiration of 30 days from the date of the adoption of the resolution levying the assessments, the county legislative body may issue negotiable interest-bearing bonds in a principal amount not exceeding the unpaid balance of the assessments levied. The bonds shall bear interest at not exceeding 7% per annum, payable semiannually or annually, and shall mature serially over a period not exceeding 20 years, but in no event shall such bonds extend over a longer period of time than the period of time over which such installments of special assessments are due and payable and 90 days thereafter. The bonds shall be of such form and denomination and shall be payable in principal and interest at such times and place, and shall be sold, authorized, and issued in such manner as the county legislative body may determine. The bonds shall be dated no earlier than the date on which the special assessment shall begin to bear interest, and shall be secured by and payable from the irrevocable pledge and dedication of the funds derived from the levy and collection of the special assessments in anticipation of the collection of which they are issued. Any premium received on the sale of the bonds may be applied as other bond proceeds or if not so applied the same shall be placed in the fund for the payment of principal of and interest on the bonds. The bonds shall be callable for redemption from the proceeds of any property sold for the nonpayment of special assessments but not otherwise unless the bonds on the face thereof provide for redemption prior to maturity, and the county legislative body may provide that the bonds shall be redeemable on any interest payment date or dates prior to maturity pursuant to such notice and at such premiums as it deems advisable. The bonds shall be signed by the county executive and the chair of the county legislative body and shall be countersigned by the city recorder or the clerk of the board of the town trustees or the clerk of the county legislative body, whichever is applicable, and one of such signatures may be a facsimile signature. Interest may be evidenced by interest coupons attached to such bonds and signed by a facsimile signature of one of the individuals who signed the bond.  Amended by Chapter 227, 1993 General Session
UT Code § 54-8-23 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 23 - Objection to amount of assessment -- Civil action -- Litigation to question or attack proceedings or legality of bonds.

 Effective 5/5/2021  54-8-23. Objection to amount of assessment -- Civil action -- Litigation to question or attack proceedings or legality of bonds.    (1) No special assessment levied under this chapter shall be declared void, nor shall any such assessment or part thereof be set aside in consequence of any error or irregularity permitted or appearing in any of the proceedings under this chapter, but any party feeling aggrieved by any such special assessment or proceeding may bring a civil action to cause such grievance to be adjudicated if such action is commenced prior to the expiration of the period specified in this section.     (2) The burden of proof to show that such special assessment or part thereof is invalid, inequitable or unjust shall rest upon the party who brings such suit.     (3) Any such litigation shall not be regarded as an appeal within the meaning of the prohibition contained in Section 54-8-18.     (4) Every person whose property is subject to such special assessment and who fails to appear during the public hearings on said assessments to raise his objection to such tax shall be deemed to have waived all objections to such levy except the objection that the governing body lacks jurisdiction to levy such tax.     (5) For a period of 20 days after the governing body has adopted the enactment authorizing the assessment, any taxpayer in the district shall have the right to institute litigation for the purpose of questioning or attacking the proceedings pursuant to which the assessments have been authorized subject to the provisions of the preceding paragraph.     (6) Whenever any enactment authorizing the issuance of any bonds pursuant to the improvement contemplated shall have been adopted such resolution shall be posted on the Utah Public Notice Website created in Section 63A-16-601.     (7) For a period of 20 days thereafter, any person whose property shall have been assessed and any taxpayer in the district shall have the right to institute litigation for the purpose of questioning or attacking the legality of such bonds.     (8) After the expiration of such 20-day period, all proceedings theretofore had by the governing body, the bonds to be issued pursuant thereto, and the special assessments from which such bonds are to be paid, shall become incontestable, and no suit attacking or questioning the legality thereof may be instituted in this state, and no court shall have the authority to inquire into such matters.    Amended by Chapter 355, 2021 General Session
UT Code § 54-8-24 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 8 - Utah Underground Conversion of Utilities Law|Section 24 - Payment to utilities -- Allowable costs.

54-8-24. Payment to utilities -- Allowable costs.    (1) In determining the conversion costs included in the costs and feasibility report required by Section 54-8-7, the public utility corporations shall be entitled to amounts sufficient to repay them for the following, as computed and reflected by the uniform system of accounts approved by the Public Service Commission, Federal Communications Commission, or Federal Power Commission:   (a) the original costs less depreciation taken of the existing overhead electric and communication facilities to be removed;     (b) the estimated costs of removing such overhead electric and communication facilities, less the salvage value of the facilities removed;     (c) if the estimated cost of constructing underground facilities exceeds the original cost of existing overhead electric and communication facilities, then the cost difference between the two; and     (d) the cost of obtaining new easements when technical considerations make it reasonably necessary to utilize easements for the underground facilities different from those used for aboveground facilities, or where the pre-existing easements are insufficient for the underground facilities.       (2) Notwithstanding Subsection (1), if conversion costs are included in tariffs, rules, or regulations filed with or promulgated by the Public Service Commission such conversion costs shall be the costs included in the costs and feasibility report.    Amended by Chapter 306, 2007 General Session