Assessment bonds are not a local entity's general obligation -- Liability and responsibility of a local entity that issues assessment bonds.
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Law
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Utah Code
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Cities, Counties, and Local Taxing Units
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Assessment Area Act
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Interim Warrants, Bond Anticipation Notes, Assessment Bonds, and Refunding Assessment Bonds
- Assessment bonds are not a local entity's general obligation -- Liability and responsibility of a local entity that issues assessment bonds.
- (1) Assessment bonds are not a general obligation of the local entity that issues them.
- (2) A local entity that issues assessment bonds:
- (a) may not be held liable for payment of the bonds except to the extent of:
- (i) funds created and received from assessments against which the bonds are issued;
- (ii) improvement revenues; and
- (iii) the local entity's guaranty fund under Section 11-42-701 or, if applicable, reserve fund under Section 11-42-702; and
- (b) is responsible for:
- (i) the lawful levy of all assessments;
- (ii) the collection and application of improvement revenues, as provided in this chapter;
- (iii) the creation and maintenance of a guaranty fund or, if applicable, a reserve fund; and
- (iv) the faithful accounting, collection, settlement, and payment of:
- (A) assessments and improvement revenues; and
- (B) money in a guaranty fund or, if applicable, a reserve fund.
- (3) If a local entity illegally assesses property that is exempt from assessment, the local entity:
- (a) is liable to the holders of assessment bonds for the payment of the illegal assessment; and
- (b) shall pay the amount for which it is liable under Subsection (3)(a) from the local entity's general fund or other legally available money.
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