Utah Code § 11-57-102 — Utah Code / Title 11 / Chapter 11-57 / § 11-57-102
§ 11-57-102. Definitions.
Status: in_force

As used in this chapter: (1) "Employee" means a person who is not an elected or appointed officer and who is employed on a full- or part-time basis by a political subdivision. (2) "Officer" means a person who is elected or appointed to an office or position within a political subdivision. (3) (a) "Personal use expenditure" means an expenditure made without the authority of law that: (i) is not directly related to the performance of an activity as an officer or employee of a political subdivision; (ii) primarily furthers a personal interest of an officer or employee of a political subdivision or the family, a friend, or an associate of an officer or employee of a political subdivision; and (iii) would constitute taxable income under federal law. (b) "Personal use expenditure" does not include: (i) a de minimis or incidental expenditure; (ii) a monthly vehicle allowance; or (iii) a government vehicle that an officer or employee uses to travel to and from the officer or employee's official duties, including an allowance for personal use as provided by a written policy of the political subdivision. (4) "Political subdivision" means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. (5) "Public funds" means the same as that term is defined in Section 51-7-3.
Utah Code § 11-58-604 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-604
§ 11-58-604. Distribution and use of primary municipality differential.
Status: in_force

(1) This section applies to the payment and use of primary municipality differential. (2) Beginning the first tax year that begins on or after January 1, 2023: (a) the authority shall be paid 25% of primary municipality differential: (i) for the authority's use as provided in Subsection (4); and (ii) (A) for a period of 25 years beginning January 1, 2023; and (B) for a period of time, not to exceed an additional 15 years beyond the period stated in Subsection (2)(a)(ii)(A), if the board determines by resolution, adopted before the expiration of the 25-year period under Subsection (2)(a)(ii)(A), that the additional years will produce a significant benefit to the uses described in Subsection (4) and if the primary municipality and the authority agree to the additional period of time; (b) the authority shall be paid, in addition to the amounts under Subsection (2)(a), a percentage, as defined in Subsection (3), of primary municipality differential for the authority's use as provided in Subsection (4); and (c) the primary municipality shall be paid, for the primary municipality's use for municipal operations, all primary municipality differential remaining after the payment of primary municipality differential to the authority as required under Subsections (2)(a) and (b). (3) The percentage of primary municipality differential paid to the authority as provided in Subsection (2)(b): (a) shall be 40% for the first tax year that begins on or after January 1, 2023, decreasing 2% each year after the 2023 tax year, so that in 2029 the percentage is 28; (b) beginning January 1, 2030, and for a period of seven years, shall be 10%; (c) beginning January 1, 2037, and for a period of 11 years, shall be 8%; and (d) after 2047, shall be 0%. (4) Of the primary municipality differential the authority receives, the authority shall use: (a) 40% for environmental mitigation projects within: (i) the authority jurisdictional land; and (ii) adjacent land to the authority jurisdictional land if the adjacent land is within the municipality from which the primary municipality differential was generated; (b) 40% for mitigation projects, which may include a regional traffic study and an environmental impact mitigation analysis, for communities that are: (i) within the primary municipality; (ii) adjacent to the authority jurisdictional land; and (iii) west of the east boundary of the right of way of a fixed guideway used, as of January 1, 2022, for commuter rail within the primary municipality; and (c) 20% for economic development activities within: (i) the authority jurisdictional land; and (ii) adjacent land to the authority jurisdictional land if the adjacent land is within the municipality from which the primary municipality differential was generated.
Utah Code § 11-58-201 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-201
§ 11-58-201. Creation of Utah Inland Port Authority -- Status and purposes.
Status: in_force

(1) Under the authority of Article XI, Section 8 of the Utah Constitution, there is created the Utah Inland Port Authority. (2) The authority is: (a) an independent, nonprofit, separate body corporate and politic, with perpetual succession; (b) a political subdivision of the state; and (c) a public corporation, as defined in Section 63E-1-102. (3) (a) The purpose of the authority is to fulfill the statewide public purpose of working in concert with applicable state and local government entities, property owners and other private parties, and other stakeholders to encourage and facilitate development of the authority jurisdictional land and land in other authority project areas to maximize the long-term economic and other benefit for the state, consistent with the strategies, policies, and objectives described in this chapter, including: (i) the development of inland port uses on the authority jurisdictional land and on land in other authority project areas; (ii) the development of infrastructure to support inland port uses and associated uses on the authority jurisdictional land and on land in other authority project areas; and (iii) other development on the authority jurisdictional land and on land in other authority project areas. (b) The duties and responsibilities of the authority under this chapter are beyond the scope and capacity of a municipality, which has many other responsibilities and functions that appropriately command the attention and resources of the municipality, and are not municipal functions of purely local concern but are matters of regional and statewide concern, importance, interest, and impact, due to multiple factors, including: (i) the strategic location of the authority jurisdictional land in proximity to significant existing and potential transportation infrastructure, including infrastructure provided and maintained by the state, conducive to facilitating regional, national, and international trade and the businesses and facilities that promote and complement that trade; (ii) the enormous potential for regional and statewide economic and other benefit that can come from the appropriate development of the authority jurisdictional land, including the establishment of a thriving inland port; (iii) the regional and statewide impact that the development of the authority jurisdictional land will have; and (iv) the considerable investment the state is making in connection with the development of the new correctional facility and associated infrastructure located on the authority jurisdictional land. (c) The authority is the mechanism the state chooses to focus resources and efforts on behalf of the state to ensure that the regional and statewide interests, concerns, and purposes described in this Subsection (3) are properly addressed from more of a statewide perspective than any municipality can provide.
Utah Code § 11-42a-304 — Utah Code / Title 11 / Chapter 11-42a / § 11-42a-304
§ 11-42a-304. Default in the payment of an installment of an assessment -- Interest and costs -- Restoring the property owner to the right to pay installments.
Status: in_force

(1) If an assessment is payable in installments and a default occurs in the payment of an installment when due: (a) the local entity may: (i) declare the delinquent amount to be immediately due and subject to collection as provided in this chapter; (ii) if the financed improvements are not completed by the completion deadline to which the property owner agreed in the bond or financing documents, then within 60 days after the completion deadline, accelerate payment of the total unpaid balance of the assessment and declare the whole of the unpaid principal and the interest then due to be immediately due and payable; and (iii) charge and collect all costs of collection, including attorney fees; and (b) except as provided in Subsection (1)(a)(ii), the local entity may not accelerate payment of the total unpaid balance of the assessment. (2) Delinquency interest accrues from the date of delinquency on all applicable amounts described in Subsection (1)(a) until the property owner pays the delinquency in full. (3) A local entity shall ensure that any interest that the local entity assesses under this section and any collection costs that the local entity charges under this section are the same as for delinquent real property taxes for the year in which the balance of the fee or charge becomes delinquent unless the local entity determines otherwise. (4) Notwithstanding Subsection (1), a property owner may regain the right to pay an assessment in installments as if no default had occurred if the owner pays the amount of all unpaid installments that are past due with interest, collection and foreclosure costs, and administrative, redemption, and other fees, including attorney fees, before: (a) the final date that payment may be legally made under a final sale or foreclosure of property to collect delinquent assessment installments, if the governing body enforces collection under Title 59, Chapter 2, Part 13, Collection of Taxes; or (b) the end of the three-month reinstatement period provided in Section 57-1-31, if the governing body enforces collection through the method of foreclosing trust deeds.
Utah Code § 11-59-606 — Utah Code / Title 11 / Chapter 11-59 / § 11-59-606
§ 11-59-606. Bonds exempt from taxes -- Authority may purchase its own bonds.
Status: in_force

(1) A bond issued by the authority under this part is issued for an essential public and governmental purpose and is, together with interest on the bond and income from it, exempt from all state taxes except the corporate franchise tax. (2) The authority may purchase the authority's own bonds at a price that the board determines. (3) Nothing in this section limits the right of an obligee to pursue a remedy for the enforcement of a pledge or lien given under this part by the authority on its rents, fees, grants, properties, or revenues.
Utah Code § 11-30-6 — Utah Code / Title 11 / Chapter 11-30 / § 11-30-6
§ 11-30-6. Contest of petition by attorney general or county attorney -- Attorney general and county attorney as parties.
Status: in_force

(1) A copy of the petition and order shall be served on the attorney general at least 20 days before the hearing. Upon receipt of the petition, the attorney general shall carefully examine the petition and, if the petition is believed to be defective, insufficient, or untrue, or if, in the attorney general's opinion, a reasonable question exists as to the validity of the bonds, the attorney general shall contest the petition. If neither of those conditions exists or if one or more other parties to the action will, in the attorney general's opinion, competently contest the petition, the attorney general may, upon approval of the court, be dismissed as a defendant. (2) If the petition is filed by the state or any agency, authority, instrumentality, or institution of the state, the attorney general may not be made a party to the proceeding and notice shall be served on the county attorney in the county in which the largest expenditure of the proceeds of the bonds is expected to be made. That county attorney shall then in all respects perform the role of the attorney general as set forth in this section. (3) The attorney general or county attorney, as the case may be, may waive the right of appeal and that waiver shall be binding on all successors and assigns. (4) All costs of the attorney general or county attorney incurred in performing duties imposed by this section shall be reimbursed from the proceeds of the bonds if the bonds are issued.
Utah Code § 11-59-201 — Utah Code / Title 11 / Chapter 11-59 / § 11-59-201
§ 11-59-201. Creation of Point of the Mountain State Land Authority -- Status and duties of authority.
Status: in_force

(1) There is created the Point of the Mountain State Land Authority. (2) The authority is: (a) an independent, nonprofit, separate body corporate and politic, with perpetual succession, whose purpose is to facilitate the development of state land; (b) a political subdivision of the state; and (c) a public corporation, as defined in Section 63E-1-102. (3) Subject to Subsection 11-59-103(3), the authority shall manage the point of the mountain state land and shall plan, manage, and implement the development of the point of the mountain state land: (a) beginning May 8, 2018; (b) during the transition period as prison operations on the point of the mountain state land continue and eventually wind down in anticipation of the relocation of prison operations to the new correctional facility; and (c) upon and after the transfer of prison operations to the new correctional facility.
Utah Code § 11-42-108 — Utah Code / Title 11 / Chapter 11-42 / § 11-42-108
§ 11-42-108. Utility connections before paving or repaving is done -- Failure to make connection.
Status: in_force

(1) The governing body may require: (a) that before paving or repaving is done within an assessment area, all water, gas, sewer, and underground electric and telecommunications connections be made under the regulations and at the distances from the street mains to the line of the property abutting on the street to be paved or repaved that the local entity prescribes by resolution or ordinance; and (b) the water company owning the water pipe main, the gas company owning the gas pipe main, and the electric or telecommunications company owning the underground electric or telecommunications facilities to make the connections. (2) Upon the failure of a water company, gas company, or electric or telecommunications company to make a required connection: (a) the local entity may cause the connection to be made; and (b) (i) the cost that the local entity incurs in making the connection shall be deducted from the amount of any debt the local entity owes to the company; and (ii) the local entity may not pay a bill from the company until all the cost has been offset as provided in Subsection (2)(b)(i).
Utah Code § 11-39-105 — Utah Code / Title 11 / Chapter 11-39 / § 11-39-105
§ 11-39-105. Retained payments.
Status: in_force

Each payment that the local entity retains on a contract with a private person, firm, or corporation shall be retained and released as provided in Section 13-8-5.
Utah Code § 11-45-204 — Utah Code / Title 11 / Chapter 11-45 / § 11-45-204
§ 11-45-204. Rules establishing criteria.
Status: in_force

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules to determine: (a) eligibility for a loan; and (b) priorities among energy efficiency projects. (2) When making a rule to determine priorities among energy efficiency projects, the office may consider the following: (a) possible additional sources of revenue; (b) feasibility and practicality of an energy efficiency project; (c) energy savings; (d) annual energy cost savings; (e) projected energy cost payback; (f) financial need of the public facility owner; (g) environmental and other benefits to the state and local community; and (h) availability of federal funds.
Utah Code § 11-59-403 — Utah Code / Title 11 / Chapter 11-59 / § 11-59-403
§ 11-59-403. Audit requirements.
Status: in_force

The authority shall comply with the audit requirements of Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act.
Utah Code § 11-36a-206 — Utah Code / Title 11 / Chapter 11-36a / § 11-36a-206
§ 11-36a-206. Prohibition of school impact fees.
Status: in_force

(1) As used in this section, "school impact fee" means a charge on new development in order to generate revenue for funding or recouping the costs of capital improvements for schools or school facility expansions necessitated by and attributable to the new development. (2) Beginning March 21, 1995, there is a moratorium prohibiting a county, city, town, local school board, or any other political subdivision from imposing or collecting a school impact fee unless hereafter authorized by the Legislature by statute. (3) Collection of any fees authorized before March 21, 1995, by any ordinance, resolution or rule of any county, city, town, local school board, or other political subdivision shall terminate on May 1, 1996, unless hereafter authorized by the Legislature by statute.
Utah Code § 11-42-505 — Utah Code / Title 11 / Chapter 11-42 / § 11-42-505
§ 11-42-505. Default in the payment of an installment of an assessment -- Interest and costs -- Restoring the property owner to the right to pay installments.
Status: in_force

(1) If an assessment is payable in installments and a default occurs in the payment of an installment when due, the governing body may: (a) declare the delinquent amount to be immediately due and subject to collection as provided in this chapter; (b) accelerate payment of the total unpaid balance of the assessment and declare the whole of the unpaid principal and the interest then due to be immediately due and payable; and (c) charge and collect all costs of collection, including attorney fees. (2) Interest shall accrue from the date of delinquency on all applicable amounts under Subsections (1)(a) and (b) until paid in full. (3) Any interest assessed for or collection costs charged under this section shall be: (a) the same as apply to delinquent real property taxes for the year in which the balance of the fee or charge becomes delinquent; or (b) as the governing body determines. (4) Notwithstanding Subsection (1), a property owner shall be restored to the right to pay an assessment in installments in the same manner as if no default had occurred if the owner pays the amount of all unpaid installments that are past due, with interest, collection and foreclosure costs, and administrative, redemption, and other fees, including attorney fees, before: (a) the final date that payment may be legally made under a final sale or foreclosure of property to collect delinquent assessment installments, if collection is enforced under Title 59, Chapter 2, Part 13, Collection of Taxes; or (b) the end of the three-month reinstatement period provided by Section 57-1-31, if collection is enforced through the method of foreclosing trust deeds.
Utah Code § 11-25-10 — Utah Code / Title 11 / Chapter 11-25 / § 11-25-10
§ 11-25-10. Rules and regulations -- Acquisition and disposal of interests in property.
Status: in_force

All residential rehabilitation shall be constructed or completed subject to the rules and regulations of the agency. An agency may acquire by deed, purchase, lease, contract, gift, devise, or otherwise any real or personal property, structures, rights, rights-of-way, franchises, easements, and other interests in lands necessary or convenient for the financing of residential rehabilitation, upon such terms and conditions as it deems advisable, and may lease, sell, or dispose of the same in such manner as may be necessary or desirable to carry out the objectives and purposes of this act.
Utah Code § 11-32-7 — Utah Code / Title 11 / Chapter 11-32 / § 11-32-7
§ 11-32-7. Bond principal and interest -- Security agreements -- Trustee.
Status: in_force

(1) The principal of and interest on any bonds issued under this chapter: (a) shall be secured by a pledge and assignment of the revenues received by the financing authority under the assignment agreement with respect to the delinquent tax receivables purchased with the proceeds of the sale of these bonds; (b) may be secured by a pledge and security interest in the assignment agreement; and (c) may be secured by amounts held in reserve funds, letters of credit, bond insurance, surety bonds, or by such other security devices with respect to the delinquent tax receivables deemed most advantageous by the authority. (2) The proceedings under which the bonds are authorized to be issued under this chapter and any security agreement given to secure the bonds may contain any agreements and provisions customarily contained in instruments securing bonds, including provisions respecting: (a) the collection of the delinquent taxes covered by these proceedings or any security agreement; (b) the terms to be incorporated in the assignment agreement with respect to the delinquent tax receivables; (c) the creation and maintenance of reserve funds from the proceeds of sale of bonds or from the collection of the delinquent taxes; (d) the rights and remedies available to the holders of bonds or to the trustee in the event of a default, as the board of trustees of the authority may determine in accordance with this chapter. (3) The security agreements, trust indentures, or other security devices shall provide that following the exhaustion of all legal means of collection of the delinquent tax receivables no judgment may be entered against the authority or the county or any participant members or the state of Utah or any of its political subdivisions. (4) The proceedings authorizing bonds under this chapter, and any security agreement securing these bonds, may provide that upon default in the payment of the principal of or interest on the bonds or in the performance of any covenant or agreement contained in the proceedings or security agreement, the payment or performance may be enforced by the appointment of a receiver for the delinquent tax receivables with power to compel the county to use the statutory means it has to collect the delinquent tax receivables and apply the revenues in accordance with these proceedings or the security agreement. (5) No breach of a security agreement, covenant, or other agreement may impose any general obligation or liability upon, nor a charge against, the county or any participant member, nor the general credit or taxing power of this state or any of its political subdivisions. (6) The proceedings authorizing the issuance of bonds may provide for the appointment of a trustee, which may be a trust company or bank having trust powers located in or outside of this state.
Utah Code § 11-42b-103 — Utah Code / Title 11 / Chapter 11-42b / § 11-42b-103
§ 11-42b-103. Petition to designate assessment area -- Requirements -- Management plan contents.
Status: in_force

(1) The process for a specified county to designate an assessment area is initiated by the filing of a petition with the legislative body of the specified county. (2) A petition under Subsection (1) shall: (a) include a proposed management plan that: (i) describes: (A) the boundaries and duration of the proposed assessment area; (B) each benefitted property proposed to be assessed; (C) the total estimated amount of assessment to be levied against all benefitted properties for each year an assessment is levied; (D) the method by which the proposed assessment is calculated; (E) the beneficial activities to be paid by assessments for each year an assessment is levied; (F) the total estimated amount of assessment to be expended on beneficial activities for each year an assessment is levied; (G) the proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each owner of benefitted property to calculate the amount of the assessment to be levied against the owner's benefitted property; (H) any proposed benefit zones as described in Subsection 11-42b-102(2)(b)(ii); and (I) the interest, penalties, and costs or other requirements of the proposed assessment; (ii) establishes procedures for collecting the proposed assessment; (iii) requires the legislative body to contract with a third party administrator to implement the proposed beneficial activities within the assessment area; and (iv) includes a statement regarding the right of a benefitted property to impose a surcharge on guests of the benefitted property as provided in Subsection 11-42b-102(4); and (b) be signed by a qualified number of owners.
Utah Code § 11-59-301 — Utah Code / Title 11 / Chapter 11-59 / § 11-59-301
§ 11-59-301. Authority board -- Delegation of power.
Status: in_force

(1) The authority shall be governed by a board, which shall manage and conduct the business and affairs of the authority and shall determine all questions of authority policy. (2) All powers of the authority are exercised through the board. (3) The board may by resolution: (a) delegate powers to authority staff; and (b) designate an authority officer or employee to execute on behalf of the authority a document by which the authority acts to lease, transfer, or otherwise dispose of land that is part of the point of the mountain state land.
Utah Code § 11-14-402 — Utah Code / Title 11 / Chapter 11-14 / § 11-14-402
§ 11-14-402. Exemptions from application of chapter -- Exception.
Status: in_force

(1) Except as provided in Subsection (2), this chapter does not apply to bonds issued by the state of Utah nor to bonds or obligations payable solely from special assessments levied on benefited property. (2) Sections 11-14-303 and 11-14-501 have general application in accordance with their terms.
Utah Code § 11-58-704 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-704
§ 11-58-704. Those executing bonds not personally liable -- Limitation of obligations under bonds -- Negotiability.
Status: in_force

(1) A member of the board or other person executing an authority bond is not liable personally on the bond. (2) (a) A bond issued by the authority is not a general obligation or liability of the state or any of its political subdivisions and does not constitute a charge against their general credit or taxing powers. (b) A bond issued by the authority is not payable out of any funds or properties other than those of the authority. (c) The state and its political subdivisions are not and may not be held liable on a bond issued by the authority. (d) A bond issued by the authority does not constitute indebtedness within the meaning of any constitutional or statutory debt limitation. (3) A bond issued by the authority under this part is fully negotiable.
Utah Code § 11-13-525 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-525
§ 11-13-525. Increase in appropriations for operating and capital budget fund -- Notice.
Status: in_force

(1) The total budget appropriation of a fund described in Section 11-13-524 may be increased by resolution of the governing board at a regular meeting, or special meeting called for that purpose, if written notice of the time, place, and purpose of the meeting has been mailed or delivered to all members of the governing board at least five days before the day of the meeting. (2) The notice may be waived in writing or verbally during attendance at the meeting by a member of the governing board.
Utah Code § 11-43-102 — Utah Code / Title 11 / Chapter 11-43 / § 11-43-102
§ 11-43-102. Memorials by political subdivisions.
Status: in_force

(1) As used in this section: (a) "Political subdivision" means any county, city, town, or school district. (b) "Political subdivision" does not include a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or a special service district under Title 17D, Chapter 1, Special Service District Act. (2) A political subdivision may authorize the use or donation of the political subdivision's land for the purpose of maintaining, erecting, or contributing to the erection or maintenance of a memorial to commemorate those individuals who have: (a) participated in or have given their lives in any of the one or more wars or military conflicts in which the United States of America has been a participant; or (b) given their lives in association with public service on behalf of the state or the political subdivision, including firefighters, peace officers, highway patrol officers, or other public servants. (3) The use or donation of a political subdivision's land in relation to a memorial described in Subsection (2) may include: (a) using or appropriating public funds for the purchase, development, improvement, or maintenance of public land on which a memorial is located or established; (b) using or appropriating public funds for the erection, improvement, or maintenance of a memorial; (c) donating or selling public land for use in relation to a memorial; or (d) authorizing the use of a political subdivision's land for a memorial that is funded or maintained in part or in full by another public or private entity. (4) The political subdivision may specify the form, placement, and design of a memorial that is subject to this section.
Utah Code § 11-51a-104 — Utah Code / Title 11 / Chapter 11-51a / § 11-51a-104
§ 11-51a-104. Emergency abatement of a catastrophic public nuisance -- Indemnify, defend, hold harmless.
Status: in_force

(1) If a chief executive officer of a political subdivision or a county sheriff determines that a public nuisance exists on federally managed land, pursuant to Subsection 11-51a-103(1), and the chief executive officer of a political subdivision or the county sheriff also finds that the catastrophic public nuisance in question adversely affects, or constitutes a threat to, the public health, safety, and welfare of the people of the political subdivision, the chief executive officer of the political subdivision or the county sheriff may, after consulting with the attorney general, pursue all remedies allowed by law. (2) In seeking an emergency abatement of a catastrophic public nuisance, a chief executive officer of a political subdivision or a county sheriff shall attempt, as much as possible, to: (a) coordinate with state and federal agencies; and (b) seek the advice of professionals, including private sector professionals, with expertise in abating a catastrophic public nuisance. (3) The state shall indemnify, defend, and hold a chief executive officer or county sheriff harmless from any claims or damages, including court costs and attorney fees, that are assessed as a result of the chief executive officer's or county sheriff's action, if: (a) the chief executive officer or county sheriff has complied with this chapter; (b) the court challenge against the chief executive officer or county sheriff addresses the chief executive officer's or county sheriff's action in abating a catastrophic public nuisance; and (c) the chief executive officer's or county sheriff's action abating the catastrophic public nuisance were in reasonable furtherance of the detailed proposed abatement plan described in Subsection 11-51a-103(3)(b).
Utah Code § 11-42-107 — Utah Code / Title 11 / Chapter 11-42 / § 11-42-107
§ 11-42-107. Accepting donation or contribution.
Status: in_force

A local entity may accept any donation or contribution from any source for the payment or the making of an improvement in an assessment area.
Utah Code § 11-36a-503 — Utah Code / Title 11 / Chapter 11-36a / § 11-36a-503
§ 11-36a-503. Notice of preparation of an impact fee analysis.
Status: in_force

(1) Before preparing or contracting to prepare an impact fee analysis, each local political subdivision or, subject to Subsection (2), private entity shall provide a public notice for the local political subdivision, as a class A notice under Section 63G-30-102, for at least 10 days. (2) For a private entity required to post notice under Subsection (1): (a) the private entity shall give notice to the general purpose local government in which the private entity's primary business is located; and (b) the general purpose local government described in Subsection (2)(a) shall post the notice on the Utah Public Notice Website and, as available, on the general purpose local government's website.
Utah Code § 11-46-402 — Utah Code / Title 11 / Chapter 11-46 / § 11-46-402
§ 11-46-402. Animal shelter euthanasia training -- Documentation.
Status: in_force

(1) If an animal shelter performs euthanasia on animals, the animal shelter shall: (a) adopt a policy for euthanasia that mandates procedures that comply with the applicable provisions of this part; (b) adopt a euthanasia training program; and (c) require each person who conducts or assists with euthanasia on behalf of the animal shelter to attend a euthanasia training program at least once every two years. (2) An animal shelter described in Subsection (1) shall: (a) ensure that the euthanasia training program is taught by a veterinarian who is licensed in accordance with Title 58, Chapter 28, Veterinary Practice Act; and (b) maintain a record of training dates and who attended.
Utah Code § 11-59-604 — Utah Code / Title 11 / Chapter 11-59 / § 11-59-604
§ 11-59-604. Those executing bonds not personally liable -- Limitation of obligations under bond -- Negotiability.
Status: in_force

(1) A member of the board or other person executing an authority bond is not liable personally on the bond. (2) (a) A bond issued by the authority is not a general obligation or liability of the state or any political subdivision of the state and does not constitute a charge against the general credit or taxing powers of the state or any political subdivision of the state. (b) A bond issued by the authority is not payable out of any funds or properties other than those of the authority. (c) The state and political subdivisions of the state are not and may not be held liable on a bond issued by the authority. (d) A bond issued by the authority does not constitute indebtedness within the meaning of any constitutional or statutory debt limitation. (3) A bond issued by the authority under this part is fully negotiable.
Utah Code § 11-13-311 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-311
§ 11-13-311. Credit for impact alleviation payments against in lieu of ad valorem property taxes -- Federal or state assistance.
Status: in_force

(1) In consideration of the impact alleviation payments and means provided by the project entity or other public agency pursuant to the contracts and determination orders, the project entity or other public agency, as the case may be, shall be entitled to a credit against the fees paid in lieu of ad valorem property taxes as provided by Section 11-13-302, ad valorem property or other taxation by, or other payments in lieu of ad valorem property taxation or other form of tax equivalent payments required by any candidate which is a party to an impact alleviation contract or board order. (2) Each candidate may make application to any federal or state governmental authority for any assistance that may be available from that authority to alleviate the impacts to the candidate. To the extent that the impact was attributable to the project or to the facilities providing additional project capacity, any assistance received from that authority shall be credited to the alleviation obligation with respect to the project or the facilities providing additional project capacity, as the case may be, in proportion to the percentage of impact attributable to the project or facilities providing additional project capacity, but in no event shall the candidate realize less revenues than would have been realized without receipt of any assistance. (3) With respect to school districts the fee in lieu of ad valorem property tax for the state minimum school program required to be paid by the project entity or other public agency under Subsection 11-13-302(2)(b)(i) shall be treated as a separate fee and does not affect any credits for alleviation payments received by the school districts under Subsection 11-13-302(2)(b)(i), or Sections 11-13-305 and 11-13-306.
Utah Code § 11-17-18 — Utah Code / Title 11 / Chapter 11-17 / § 11-17-18
§ 11-17-18. Powers of Governor's Office of Economic Development.
Status: in_force

(1) For purposes of this chapter and for the purposes of the Utah Interlocal Cooperation Act, the Governor's Office of Economic Development, created in Section 63N-1a-301, has all the powers set out in this chapter of, and is subject to the same limitations as, a municipality as though the office were defined as a municipality for purposes of this chapter, but it shall have such powers with respect to economic development or new venture investment fund projects only. (2) The Governor's Office of Economic Development is not authorized to exercise such powers in any manner which will create general obligations of the state or any agency, department, division, or political subdivision of the state.
Utah Code § 11-2-1 — Utah Code / Title 11 / Chapter 11-2 / § 11-2-1
§ 11-2-1. Local authorities may designate and acquire property for playgrounds and recreational facilities.
Status: in_force

The governing body of any city, town, school district, special district, special service district, or county may designate and set apart for use as playgrounds, athletic fields, gymnasiums, public baths, swimming pools, camps, indoor recreation centers, television transmission and relay facilities, or other recreational facilities, any lands, buildings or personal property owned by such cities, towns, counties, special districts, special service districts, or school districts that may be suitable for such purposes; and may, in such manner as may be authorized and provided by law for the acquisition of lands or buildings for public purposes in such cities, towns, counties, special districts, special service districts, and school districts, acquire lands, buildings, and personal property therein for such use; and may equip, maintain, operate and supervise the same, employing such play leaders, recreation directors, supervisors and other employees as it may deem proper. Such acquisition of lands, buildings and personal property and the equipping, maintaining, operating and supervision of the same shall be deemed to be for public, governmental and municipal purposes.
Utah Code § 11-42a-101 — Utah Code / Title 11 / Chapter 11-42a / § 11-42a-101
§ 11-42a-101. Title.
Status: in_force

This chapter is known as the "Commercial Property Assessed Clean Energy Act" or "C-PACE Act."
Utah Code § 11-14-205 — Utah Code / Title 11 / Chapter 11-14 / § 11-14-205
§ 11-14-205. Special registration not required -- Official register supplied by clerk.
Status: in_force

(1) (a) Voter registration shall be administered according to the requirements of Title 20A, Chapter 2, Voter Registration. (b) The governing body may not require or mandate any special registration of voters for a bond election. (2) The county clerk of each county in which a local political subdivision holding the bond election is located shall prepare the official register for the bond election according to the requirements of Section 20A-5-401. (3) The official register's failure to identify those voters not residing in the local political subdivision holding the bond election, or any inaccuracy in that identification, is not a ground for invalidating the bond election.
Utah Code § 11-10-4 — Utah Code / Title 11 / Chapter 11-10 / § 11-10-4
§ 11-10-4. Ordinances making it unlawful to operate without license.
Status: in_force

Each local authority granting licenses under this chapter may adopt ordinances making it unlawful to operate such establishments without being licensed.
Utah Code § 11-73-101 — Utah Code / Title 11 / Chapter 11-73 / § 11-73-101
§ 11-73-101. Definitions.
Status: in_force

7/1/2027As used in this chapter: (1) "Incarcerated individual" means an individual who is confined in a prison, jail, or other correctional facility. (2) "Local government" means a political subdivision of the state, including: (a) a county, city, town, school district, special district, or special service district; (b) an agency or office of a political subdivision of the state; or (c) an official or employee of: (i) a political subdivision of the state; or (ii) an entity described in Subsection (2)(a) or (b).
Utah Code § 11-46-403 — Utah Code / Title 11 / Chapter 11-46 / § 11-46-403
§ 11-46-403. Disposition of animals in an animal shelter.
Status: in_force

(1) As used in this section: (a) "Animal organization" includes both an animal rescue group and an animal shelter. (b) "Animal rescue group" includes a private humane society or a private animal welfare organization. (c) "Animal shelter" does not include a private humane society or a private animal welfare organization. (2) An animal held by or in the custody of an animal shelter that is not adopted, transferred to another animal shelter or an animal rescue group, placed into a community cat program as described in Part 3, Community Cat Act, or reclaimed by the animal's owner, may be euthanized: (a) if no reasonable alternatives to euthanasia are available; and (b) in accordance with the requirements of this part. (3) (a) An animal shelter may euthanize an animal: (i) only after: (A) the holding period for the animal required by Section 11-46-103 is expired; (B) notifying animal shelter and animal rescue groups, except as provided in Subsection (5), that have expressed an interest in receiving animals at risk of euthanasia; (C) no animal shelter or animal rescue group requests the transfer of the animal within two business days after the day on which the animal shelter makes the notice described in Subsection (3)(a)(i)(A); and (D) no animal shelter or animal rescue group collects the animal within two business days after the day on which the animal shelter makes the notice described in Subsection (3)(a)(i)(A); (ii) to prevent unnecessary suffering due to serious injury or disease, in accordance with Subsection 11-46-103(3); or (iii) if the animal is a dog that has been determined to be dangerous or vicious under state or local law. (b) The time periods described in Subsections (3)(a)(i)(C) and (D) may run concurrently with: (i) the holding period required by Section 11-46-103; and (ii) any holding period required by an applicable local ordinance. (4) (a) An animal shelter may provide the notice described in Subsection (3)(a)(i)(B) in accordance with the animal shelter's established internal policies and procedures. (b) An animal organization is responsible for monitoring messages left for the animal organization. (c) If an animal organization maintains an electronic or other digital forum in which an animal shelter may post notices about animals available for placement, the animal organization that maintains the forum is responsible for monitoring the forum. (5) (a) Nothing in Subsection (3)(a)(i) requires an animal shelter to notify or release an animal to an animal rescue group if the animal shelter knows or has reason to believe that: (i) any of the animal rescue group's current directors, officers, or employees have been convicted of a crime related to animal cruelty or neglect; (ii) any of the animal rescue group's current directors, officers, or employees have pending charges related to animal cruelty or neglect; or (iii) the animal rescue group is constrained by court order that prevents the organization from taking in or keeping animals. (b) Subsection (5)(a) does not impose an obligation on an animal shelter to investigate, verify, or monitor: (i) the criminal history or pending criminal charges of or for a director, officer, or employee of an animal rescue group; or (ii) whether an animal rescue group is subject to a court order described in Subsection (5)(a)(iii). (6) An animal shelter is not liable for an act or omission under this section if the animal shelter acts in good faith based on the information available to the animal shelter at the time of the act or omission.
Utah Code § 11-32-9 — Utah Code / Title 11 / Chapter 11-32 / § 11-32-9
§ 11-32-9. Tax exemption.
Status: in_force

All amounts becoming due under assignment agreements and all bonds issued by a financing authority and the interest accruing on them shall be exempt from all taxation in this state, except for the corporate franchise tax.
Utah Code § 11-32-5 — Utah Code / Title 11 / Chapter 11-32 / § 11-32-5
§ 11-32-5. Bonds authorized to pay costs of purchase of delinquent tax receivables.
Status: in_force

(1) A financing authority may issue and sell its bonds on behalf of the participant members for the purpose of: (a) paying the costs of purchasing the delinquent tax receivables of the participant members; (b) paying the costs associated with the issuance of the bonds, including fees and premiums for letters of credit, bond insurance, or other forms of credit enhancement; and (c) funding any reserve funds with respect to the bonds. (2) The aggregate principal amount of any bonds issued pursuant to this section may not exceed 90% of the delinquent tax receivables to be purchased with the proceeds of the bonds. (3) Bonds shall be fully negotiable for all purposes, shall bear such date or dates, shall be issued in such denominations and in such form, shall be serial bonds or term bonds, or both, shall mature at such times not exceeding 4-1/2 years from date of issue, shall bear such interest rate or rates, shall have such registration privileges, shall be executed in such manner, and shall be payable at such places and in such medium of payment as specified by the board of trustees of the financing authority in the proceedings authorizing the bonds. (4) The bonds may bear interest at a variable interest rate as the board of trustees may authorize. The board of trustees may establish a method, formula, or index pursuant to which the interest rate on the bonds may be determined from time to time. (5) The board of trustees of the financing authority may provide for an option to redeem all or a part of the bonds issued prior to maturity upon terms established by it. The bonds shall be sold at public or private sale upon the terms, in the manner, and at such prices, either at, in excess of, or below their face value, as determined by the board of trustees of the financing authority. Bonds may be issued in one or more series. No person executing any bond or assignment agreement under this chapter is subject to personal liability or accountability by reason of this. Bonds shall be authorized, executed, and issued in accordance with this chapter, the articles of incorporation, and the bylaws of the financing authority. No bonds may be issued by a financing authority unless the issuance of the bonds and the terms of the bonds have been approved by the governing body of the county.
Utah Code § 11-34-2 — Utah Code / Title 11 / Chapter 11-34 / § 11-34-2
§ 11-34-2. Bonds issued in foreign denominations -- Required conditions and agreements.
Status: in_force

Any bonds issued by a public body may be denominated in a foreign currency, but only if, at the time of the issuance of the bonds, the public body which issues them enters into one or more foreign exchange agreements, forward exchange agreements, foreign currency exchange agreements, or other similar agreements with a bank or other financial institution, foreign or domestic, the senior unsecured long-term debt obligations of which are rated in one of the highest two rating categories by Moody's Investors Service, Inc. or Standard & Poor's Corporation or another similar nationally recognized securities rating agency, to protect the public body against the risk of a decline in the value of the United States dollar in relation to the foreign currency in which the bonds are denominated. Such agreements shall contain a provision that protects against the risk of a decline in the value of the United States dollar with respect to the interest on the bonds and the principal of the bonds to the maturity or redemption thereof. The costs of such agreements, including without limitation periodic fees and other amounts due to the other party or parties to such agreements, may be paid by the public body from the proceeds of the bonds and other revenues of the public body.
Utah Code § 11-2-6 — Utah Code / Title 11 / Chapter 11-2 / § 11-2-6
§ 11-2-6. Cooperation between school districts and cities, towns and counties.
Status: in_force

Any board of education of any school district may join with any city, town or county in purchasing, equipping, operating and maintaining playgrounds, athletic fields, gymnasiums, baths, swimming pools, television transmission and relay facilities of the type referred to in Section 11-2-2 and other recreational facilities and activities, and may appropriate money therefor.
Utah Code § 11-32-15 — Utah Code / Title 11 / Chapter 11-32 / § 11-32-15
§ 11-32-15. Special fund -- Apportionment of excess amounts.
Status: in_force

(1) The provisions of Title 59, Revenue and Taxation, otherwise notwithstanding, delinquent taxes paid to the county on behalf of the participant members shall be paid into the special fund created with respect to the bonds issued by any authority. (2) Following the payment of all bonds issued with respect to any delinquent tax receivables and all other amounts due and owing under any assignment agreement, amounts remaining on deposit with the authority or in the special fund created with respect to the issuance of the bonds shall be apportioned and distributed as follows: (a) Any amounts which represent the amount by which the delinquent taxes recovered exceed the amount originally paid by the authority at the time of transfer of the delinquent tax receivables to the authority shall be distributed to the respective participant members, including the county, in the proportion of their respective taxes. (b) Any amounts remaining following the distribution directed in Subsection (2)(a) shall be paid to the county.
Utah Code § 11-25-13 — Utah Code / Title 11 / Chapter 11-25 / § 11-25-13
§ 11-25-13. Challenge of program, plan, or area -- Limitation.
Status: in_force

Any action challenging the legality of a comprehensive residential rehabilitation financing program, the selection of a residential rehabilitation area, or the adoption of a plan for public improvements for a residential rehabilitation area shall be commenced within 30 days of the publication of the resolution, ordinance, or other proceedings adopting the program or plan, or selecting the area. After this time no one shall have any cause of action to contest the regularity, formality or legality thereof for any cause whatsoever.
Utah Code § 11-47-101 — Utah Code / Title 11 / Chapter 11-47 / § 11-47-101
§ 11-47-101. Title.
Status: in_force

This chapter is known as "Access to Elected Officials."
Utah Code § 11-13-508 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-508
§ 11-13-508. Tentative budget to be prepared -- Review by governing body.
Status: in_force

(1) On or before the first regularly scheduled meeting of the governing board in November for a calendar year entity and May for a fiscal year entity, the budget officer of an interlocal entity shall prepare for the ensuing year and file with the governing board a tentative budget for each fund for which a budget is required. (2) (a) Each tentative budget under Subsection (1) shall provide in tabular form: (i) actual revenues and expenditures for the last completed fiscal year; (ii) estimated total revenues and expenditures for the current fiscal year; and (iii) the budget officer's estimates of revenues and expenditures for the budget year. (b) The budget officer shall estimate: (i) the amount of revenue available to serve the needs of each fund; (ii) the portion to be derived from all sources other than general property taxes; and (iii) the portion that shall be derived from general property taxes. (3) The tentative budget, when filed by the budget officer with the governing board, shall contain the estimates of expenditures together with specific work programs and any other supporting data required by this part or requested by the governing board. (4) (a) Subject to Subsection (4)(b), the governing board: (i) shall review, consider, and adopt the tentative budget in any regular meeting or special meeting called for that purpose; and (ii) may amend or revise the tentative budget in any manner that the board considers advisable prior to the public hearing under Section 11-13-509. (b) The governing board may not reduce below the legal minimum requirement an appropriation required for debt retirement and interest or reduction of any existing deficits under Section 11-13-513, or otherwise required by law. (5) If a new interlocal entity is created, the governing board shall: (a) prepare a budget covering the period from the date of incorporation to the end of the fiscal year; (b) substantially comply with all other provisions of this part with respect to notices and hearings; and (c) pass the budget as soon after incorporation as feasible.
Utah Code § 11-42-504 — Utah Code / Title 11 / Chapter 11-42 / § 11-42-504
§ 11-42-504. Assessments on property that the local entity acquires at tax sale or foreclosure -- Transferring title of property in lieu of paying assessments -- Reimbursement.
Status: in_force

(1) (a) Each local entity that purchases property at a tax sale or foreclosure under this part shall pay into the assessment fund all applicable annual installments of assessments and interest for as long as the local entity owns the property. (b) A local entity may make payments required under this Subsection (1) from the guaranty fund or reserve fund. (2) (a) In lieu of making payments under Subsection (1), a local entity may elect to transfer title of the property to the owners of all outstanding assessment bonds, refunding assessment bonds, interim warrants, or bond anticipation notes as payment in full for all delinquent assessments with respect to the property only if: (i) the local entity and owners agree to the election to transfer; and (ii) an indenture, private placement memo, or other document or contract memorializing the terms of debt explicitly discloses the terms of the agreement described in Subsection (2)(a)(i). (b) If a local entity transfers title to property as provided in Subsection (2)(a) or sells property it has received from a tax sale or foreclosure, the selling price may not be less than the amount sufficient to reimburse the local entity for all amounts the local entity paid with respect to an assessment on the property, including an amount sufficient to reimburse the guaranty fund or reserve fund, as the case may be, for all amounts paid from the fund for delinquent assessments or installments of assessments relating to the property, plus interest, penalties, and costs. (c) Each local entity that sells property it has received from a tax sale or foreclosure shall place the money it receives from the sale into the guaranty fund, reserve fund, or other local entity fund, as the case may be, to the extent of full reimbursement as required in this section.
Utah Code § 11-13-401 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-401
§ 11-13-401. Application.
Status: in_force

(1) Except as provided in Subsection (2), and notwithstanding any other provision of law, this part applies to a governing authority created under this chapter. (2) This part does not apply to: (a) a taxed interlocal entity, as defined in Section 11-13-602; or (b) a project entity.
Utah Code § 11-45-102 — Utah Code / Title 11 / Chapter 11-45 / § 11-45-102
§ 11-45-102. Definitions.
Status: in_force

As used in this chapter: (1) "Energy code" means the energy efficiency code adopted under Section 15A-1-204. (2) (a) "Energy efficiency project" means: (i) for an existing building, a retrofit to improve energy efficiency; or (ii) for a new building, an enhancement to improve energy efficiency beyond the minimum required by the energy code. (b) "Energy efficiency projects" include the following expenses: (i) construction; (ii) engineering; (iii) energy audit; or (iv) inspection. (3) "Fund" means the Energy Efficiency Fund created in Part 2, Energy Efficiency Fund. (4) "Office" means the Office of Energy Development created in Section 79-6-401. (5) "Political subdivision" means a county, city, town, or school district.
Utah Code § 11-68-601 — Utah Code / Title 11 / Chapter 11-68 / § 11-68-601
§ 11-68-601. Financial reports -- Audit -- Crime insurance.
Status: in_force

(1) (a) The authority shall, following the close of each fiscal year, submit an annual report of the authority's activities for the preceding year to the governor and the Legislature. (b) The report shall contain: (i) a complete operating report detailing the authority's activities; and (ii) financial statements of the authority audited by a certified public accountant according to generally accepted auditing standards. (2) (a) At least once a year, the state auditor shall: (i) audit the books and accounts of the authority; or (ii) contract with a nationally recognized independent certified public accountant to conduct the audit and review the audit report when the audit is completed. (b) The authority shall reimburse the state auditor for the costs of the audit. (c) If the audit is conducted by an independent auditor, the independent auditor shall submit a copy of the audit to the state auditor for review within 90 days after the end of the fiscal year covered by the audit. (3) (a) The authority shall maintain crime insurance coverage of $25,000 for each member of the board. (b) The authority shall maintain crime insurance coverage of $50,000 for the executive director. (c) The authority shall ensure that the crime insurance coverage described in this section is: (i) related to the performance of the duties of office to which the crime insurance relates; (ii) issued by an insurance company authorized to transact business in the state as an insurer; and (iii) recorded by filing proof of the insurance in the office of the State Treasurer. (d) The authority shall pay the crime insurance premiums.
Utah Code § 11-13-204 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-204
§ 11-13-204. Powers and duties of interlocal entities -- Additional powers of energy services interlocal entities -- Length of term of agreement and interlocal entity -- Notice to lieutenant governor -- Recording requirements -- Public Service Commission.
Status: in_force

(1) (a) An interlocal entity: (i) shall adopt bylaws, policies, and procedures for the regulation of its affairs and the conduct of its business; (ii) may: (A) amend or repeal a bylaw, policy, or procedure; (B) sue and be sued; (C) have an official seal and alter that seal at will; (D) make and execute contracts and other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions; (E) acquire real or personal property, or an undivided, fractional, or other interest in real or personal property, necessary or convenient for the purposes contemplated in the agreement creating the interlocal entity and sell, lease, or otherwise dispose of that property; (F) directly or by contract with another: (I) own and acquire facilities and improvements or an undivided, fractional, or other interest in facilities and improvements; (II) construct, operate, maintain, and repair facilities and improvements; and (III) provide the services contemplated in the agreement creating the interlocal entity and establish, impose, and collect rates, fees, and charges for the services provided by the interlocal entity; (G) borrow money, incur indebtedness, and issue revenue bonds, notes, or other obligations and secure their payment by an assignment, pledge, or other conveyance of all or any part of the revenues and receipts from the facilities, improvements, or services that the interlocal entity provides; (H) offer, issue, and sell warrants, options, or other rights related to the bonds, notes, or other obligations issued by the interlocal entity; (I) sell or contract for the sale of the services, output, product, or other benefits provided by the interlocal entity to: (I) public agencies inside or outside the state; and (II) with respect to any excess services, output, product, or benefits, any person on terms that the interlocal entity considers to be in the best interest of the public agencies that are parties to the agreement creating the interlocal entity; and (J) create a local disaster recovery fund in the same manner and to the same extent as authorized for a local government in accordance with Section 53-2a-605; and (iii) may not levy, assess, or collect ad valorem property taxes. (b) An assignment, pledge, or other conveyance under Subsection (1)(a)(ii)(G) may, to the extent provided by the documents under which the assignment, pledge, or other conveyance is made, rank prior in right to any other obligation except taxes or payments in lieu of taxes payable to the state or its political subdivisions. (2) An energy services interlocal entity: (a) except with respect to any ownership interest it has in facilities providing additional project capacity, is not subject to: (i) Part 3, Project Entity Provisions; or (ii) Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act; and (b) may: (i) own, acquire, and, by itself or by contract with another, construct, operate, and maintain a facility or improvement for the generation, transmission, and transportation of electric energy or related fuel supplies; (ii) enter into a contract to obtain a supply of electric power and energy and ancillary services, transmission, and transportation services, and supplies of natural gas and fuels necessary for the operation of generation facilities; (iii) enter into a contract with public agencies, investor-owned or cooperative utilities, and others, whether located in or out of the state, for the sale of wholesale services provided by the energy services interlocal entity; and (iv) adopt and implement risk management policies and strategies and enter into transactions and agreements to manage the risks associated with the purchase and sale of energy, including forward purchase and sale contracts, hedging, tolling and swap agreements, and other instruments. (3) Notwithstanding Section 11-13-216, an agreement creating an interlocal entity or an amendment to that agreement may provide that the agreement may continue and the interlocal entity may remain in existence until the latest to occur of: (a) 50 years after the date of the agreement or amendment; (b) five years after the interlocal entity has fully paid or otherwise discharged all of its indebtedness; (c) five years after the interlocal entity has abandoned, decommissioned, or conveyed or transferred all of its interest in its facilities and improvements; or (d) five years after the facilities and improvements of the interlocal entity are no longer useful in providing the service, output, product, or other benefit of the facilities and improvements, as determined under the agreement governing the sale of the service, output, product, or other benefit. (4) (a) Upon execution of an agreement to approve the creation of an interlocal entity, including an electric interlocal entity and an energy services interlocal entity, the governing body of a member of the interlocal entity under Section 11-13-203 shall: (i) within 30 days after the date of the agreement, jointly file with the lieutenant governor: (A) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and (B) if less than all of the territory of any Utah public agency that is a party to the agreement is included within the interlocal entity, a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and (ii) upon the lieutenant governor's issuance of a certificate of creation under Section 67-1a-6.5: (A) if the interlocal entity is located within the boundary of a single county, submit to the recorder of that county: (I) the original: (Aa) notice of an impending boundary action; (Bb) certificate of creation; and (Cc) approved final local entity plat, if an approved final local entity plat was required to be filed with the lieutenant governor under Subsection (4)(a)(i)(B); and (II) a certified copy of the agreement approving the creation of the interlocal entity; or (B) if the interlocal entity is located within the boundaries of more than a single county: (I) submit to the recorder of one of those counties: (Aa) the original of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb), and (Cc); and (Bb) a certified copy of the agreement approving the creation of the interlocal entity; and (II) submit to the recorder of each other county: (Aa) a certified copy of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb), and (Cc); and (Bb) a certified copy of the agreement approving the creation of the interlocal entity. (b) Upon the lieutenant governor's issuance of a certificate of creation under Section 67-1a-6.5, the interlocal entity is created. (c) Until the documents listed in Subsection (4)(a)(ii) are recorded in the office of the recorder of each county in which the property is located, a newly created interlocal entity may not charge or collect a fee for service provided to property within the interlocal entity. (5) Nothing in this section may be construed as expanding the rights of any municipality or interlocal entity to sell or provide retail service. (6) Except as provided in Subsection (7): (a) nothing in this section may be construed to expand or limit the rights of a municipality to sell or provide retail electric service; and (b) an energy services interlocal entity may not provide retail electric service to customers located outside the municipal boundaries of its members. (7) (a) An energy services interlocal entity created before July 1, 2003, that is comprised solely of Utah municipalities and that, for a minimum of 50 years before July 1, 2010, provided retail electric service to customers outside the municipal boundaries of its members, may provide retail electric service outside the municipal boundaries of its members if: (i) the energy services interlocal entity: (A) enters into a written agreement with each public utility holding a certificate of public convenience and necessity issued by the Public Service Commission to provide service within an agreed upon geographic area for the energy services interlocal entity to be responsible to provide electric service in the agreed upon geographic area outside the municipal boundaries of the members of the energy services interlocal entity; and (B) obtains a franchise agreement, with the legislative body of the county or other governmental entity for the geographic area in which the energy services interlocal entity provides service outside the municipal boundaries of its members; and (ii) each public utility described in Subsection (7)(a)(i)(A) applies for and obtains from the Public Service Commission approval of the agreement specified in Subsection (7)(a)(i)(A). (b) (i) The Public Service Commission shall, after a public hearing held in accordance with Title 52, Chapter 4, Open and Public Meetings Act, approve an agreement described in Subsection (7)(a)(ii) if it determines that the agreement is in the public interest in that it incorporates the customer protections described in Subsection (7)(c) and the franchise agreement described in Subsection (7)(a)(i)(B) provides a reasonable mechanism using a neutral arbiter or ombudsman for resolving potential future complaints by customers of the energy services interlocal entity. (ii) In approving an agreement, the Public Service Commission shall also amend the certificate of public convenience and necessity of any public utility described in Subsection (7)(a)(i) to delete from the geographic area specified in the certificate or certificates of the public utility the geographic area that the energy services interlocal entity has agreed to serve. (c) In providing retail electric service to customers outside of the municipal boundaries of its members, but not within the municipal boundaries of another municipality that grants a franchise agreement in accordance with Subsection (7)(a)(i)(B), an energy services interlocal entity shall comply with the following: (i) the rates and conditions of service for customers outside the municipal boundaries of the members shall be at least as favorable as the rates and conditions of service for similarly situated customers within the municipal boundaries of the members; (ii) the energy services interlocal entity shall operate as a single entity providing service both inside and outside of the municipal boundaries of its members; (iii) a general rebate, refund, or other payment made to customers located within the municipal boundaries of the members shall also be provided to similarly situated customers located outside the municipal boundaries of the members; (iv) a schedule of rates and conditions of service, or any change to the rates and conditions of service, shall be approved by the governing board of the energy services interlocal entity; (v) before implementation of any rate increase, the governing board of the energy services interlocal entity shall first hold a public meeting to take public comment on the proposed increase, after providing: (A) at least 20 days and not more than 60 days' advance written notice to its customers on the ordinary billing; and (B) notice for the interlocal entity, as a class A notice under Section 63G-30-102, for at least 20 days; and (vi) the energy services interlocal entity shall file with the Public Service Commission its current schedule of rates and conditions of service. (d) The Public Service Commission shall make the schedule of rates and conditions of service of the energy services interlocal entity available for public inspection. (e) Nothing in this section: (i) gives the Public Service Commission jurisdiction over the provision of retail electric service by an energy services interlocal entity within the municipal boundaries of its members; or (ii) makes an energy services interlocal entity a public utility under Title 54, Public Utilities. (f) Nothing in this section expands or diminishes the jurisdiction of the Public Service Commission over a municipality or an association of municipalities organized under Title 11, Chapter 13, Interlocal Cooperation Act, except as specifically authorized by this section's language. (g) (i) An energy services interlocal entity described in Subsection (7)(a) retains its authority to provide electric service to the extent authorized by Sections 11-13-202 and 11-13-203 and Subsections 11-13-204(1) through (5). (ii) Notwithstanding Subsection (7)(g)(i), if the Public Service Commission approves the agreement described in Subsection (7)(a)(i), the energy services interlocal entity may not provide retail electric service to customers located outside the municipal boundaries of its members, except for customers located within the geographic area described in the agreement.
Utah Code § 11-30-9 — Utah Code / Title 11 / Chapter 11-30 / § 11-30-9
§ 11-30-9. Failure of validity based on substantial defects or material errors and omissions.
Status: in_force

No court may fail to declare bonds valid under this chapter unless the court finds substantial defects or material errors and omissions in the issuance of the bonds. Matters of form shall be disregarded.
Utah Code § 11-60-102 — Utah Code / Title 11 / Chapter 11-60 / § 11-60-102
§ 11-60-102. Definitions.
Status: in_force

As used in this chapter: (1) "Direct charge" means a charge, fee, assessment, or amount, other than a property tax, that a political subdivision charges to a property owner. (2) "Nonrecurring tax notice charge" means a tax notice charge that a political subdivision certifies to the county treasurer on a one-time or case-by-case basis rather than regularly over multiple calendar years. (3) "Notice of lien" means a notice that: (a) a political subdivision records in the office of the recorder of the county in which a property that is the subject of a nonrecurring tax notice charge is located; and (b) describes the nature and amount of the nonrecurring tax notice charge and whether the political subdivision intends to certify the charge to the county treasurer under statutory authority that allows the treasurer to place the charge on the property tax notice described in Section 59-2-1317. (4) "Political subdivision" means: (a) a county, as that term is defined in Section 17-60-101; (b) a municipality, as that term is defined in Section 10-1-104; (c) a special district, as that term is defined in Section 17B-1-102; (d) a special service district, as that term is defined in Section 17D-1-102; (e) an interlocal entity, as that term is defined in Section 11-13-103; (f) a community reinvestment agency created under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act; (g) a local building authority, as that term is defined in Section 17D-2-102; (h) a conservation district, as that term is defined in Section 17D-3-102; or (i) a local entity, as that term is defined in Sections 11-42-102 and 11-42a-102. (5) "Political subdivision lien" means a lien that a statute expressly authorizes a political subdivision to hold and record, including a direct charge that constitutes, according to an express statutory provision, a lien. (6) "Property tax" means a tax imposed on real property under Title 59, Chapter 2, Property Tax Act, Title 59, Chapter 3, Tax Equivalent Property Act, or Title 59, Chapter 4, Privilege Tax. (7) "Tax notice charge" means the same as that term is defined in Section 59-2-1301.5. (8) "Tax sale" means the tax sale described in Title 59, Chapter 2, Part 13, Collection of Taxes.
Utah Code § 11-42-105 — Utah Code / Title 11 / Chapter 11-42 / § 11-42-105
§ 11-42-105. No limitation on other local entity powers -- Conflict with other statutory provisions.
Status: in_force

(1) This chapter may not be construed to limit a power that a local entity has under other applicable law to: (a) make an improvement or provide a service; (b) create a district; (c) levy an assessment or tax; or (d) issue bonds or refunding bonds. (2) If there is a conflict between a provision of this chapter and any other statutory provision, the provision of this chapter governs.
Utah Code § 11-42-415 — Utah Code / Title 11 / Chapter 11-42 / § 11-42-415
§ 11-42-415. Pledge and use of improvement revenues -- Reducing installment payments -- Notice -- Overpayment of installment.
Status: in_force

(1) A local entity may, by resolution adopted by the governing body, provide for the pledge and use of any improvement revenues to pay: (a) some or all of the costs and expenses of making, operating, and maintaining improvements, to the extent permitted under this chapter; and (b) some or all of the principal of and interest on assessment bonds, interim warrants, and bond anticipation notes issued against the assessment area to make improvements within the assessment area. (2) (a) If the governing body adopts a resolution under Subsection (1), the local entity: (i) may: (A) provide for assessments to be levied in the full amount of the estimated cost of the improvements, as determined by a project engineer; (B) agree to use installment payments from assessments to pay the costs of the improvements and to pay principal of and interest on any assessment bonds, interim warrants, and bond anticipation notes when due; and (C) reduce installment payments, as provided in Subsection (2)(a)(ii), if the local entity receives net improvement revenues and pledges them to pay operation and maintenance costs of the improvements and to pay principal of and interest on assessment bonds, interim warrants, or bond anticipation notes; and (ii) shall authorize a local entity official to: (A) determine on each installment payment date the amount of net improvement revenues that the local entity has received since the last installment payment date; and (B) reduce the amount of the installment payment due on the next succeeding installment payment date by an amount that is no greater than the amount of the net improvement revenues described in Subsection (2)(a)(ii)(A). (b) A local entity may not reduce installment payments under Subsection (2)(a)(ii) if: (i) the reduction exceeds the amount of net improvement revenues that have been pledged to pay: (A) operation and maintenance costs of the improvements; and (B) principal of and interest on assessment bonds, interim warrants, and bond anticipation notes; or (ii) after the reduction, the sum of the assessment installment payments and the net improvement revenues are insufficient to pay: (A) operation and maintenance costs of the improvements; and (B) principal of and interest on assessment bonds, interim warrants, and bond anticipation notes. (c) The local entity shall require that each reduction of installment payments be made so that the assessments levied against each assessed property receive a proportionate share of the reduction. (d) A reduction under Subsection (2)(a)(ii) does not apply to an assessment or interest on an assessment that has been paid. (3) (a) Not more than 14 days after making a determination under Subsection (2)(a)(ii) to reduce an installment payment, the local entity's governing body shall mail notice of the reduction to each owner of property within the assessment area at the property owner's mailing address. (b) The governing body may include the notice required under Subsection (3)(a) with or in any other notice regarding the payment of assessments and interest on assessments that the governing body sends to owners. (4) (a) If an owner of assessed property pays more than the amount of the reduced installment payment on the installment payment date after a notice under Subsection (3) is mailed, the local entity may, by following the procedure under Subsection (3), provide additional notice to the owner that: (i) the owner has overpaid the assessment installment payment; and (ii) the local entity will: (A) credit the amount of the overpayment against the next installment payment due; or (B) if no further installment payment is due, refund the amount of the overpayment upon receipt of a written refund request from the owner. (b) If a local entity receives an overpayment of an installment payment, it shall: (i) credit the amount of the overpayment against the next installment payment due; or (ii) refund the amount of the overpayment to the owner if: (A) no further installment payment is due; and (B) the owner submits a written request for a refund. (c) A local entity is not required to pay interest on an overpayment that it holds.
Utah Code § 11-44-203 — Utah Code / Title 11 / Chapter 11-44 / § 11-44-203
§ 11-44-203. Length of agreements.
Status: in_force

A political subdivision may only enter into a performance efficiency agreement for more than one year if the political subdivision finds that the amount the political subdivision would spend on the performance efficiency measure will not exceed the amount of the cost savings over 20 years from the date of installation of the performance efficiency measure.
Utah Code § 11-14-312 — Utah Code / Title 11 / Chapter 11-14 / § 11-14-312
§ 11-14-312. Prior bonds validated -- Exceptions.
Status: in_force

All bonds issued by any local political subdivision before May 1, 2006, and all proceedings had in the authorization and issuance of them are hereby validated, ratified, and confirmed; and all such bonds are declared to constitute legally binding obligations in accordance with their terms. Nothing in this section shall be construed to affect or validate any bonds, the legality of which is being contested as of May 1, 2006.
Utah Code § 11-42b-107 — Utah Code / Title 11 / Chapter 11-42b / § 11-42b-107
§ 11-42b-107. Public meeting -- Adoption of ordinance or resolution regarding proposed assessment area -- Limitations.
Status: in_force

(1) (a) After holding a public hearing under Section 11-42b-106 and within 90 days after the day that the protest period expires in accordance with Section 11-42b-105, the legislative body shall: (i) count the written protests filed or withdrawn in accordance with Section 11-42b-105 and calculate whether adequate protests have been filed; and (ii) hold a public meeting to announce the protest tally and whether adequate protests have been filed. (b) Adequate protests are filed under Subsection (1)(a) if protests have been filed by a qualified number of owners. (c) If adequate protests are not filed, the legislative body at the public meeting may adopt a resolution or ordinance: (i) abandoning the proposal to designate an assessment area; or (ii) (A) designating an assessment area; and (B) approving a management plan as proposed under Section 11-42b-103, or with changes under Subsection (1)(e). (d) If adequate protests are filed, the legislative body at the public meeting: (i) may not adopt a resolution or ordinance designating the assessment area; and (ii) may adopt a resolution or ordinance to abandon the proposal to designate the assessment area. (e) In the absence of adequate protests upon the expiration of the protest period and subject to Subsection (1)(e)(ii), the legislative body may make changes to: (i) a beneficial activity proposed for implementation under the proposed management plan; or (ii) the area or areas proposed to be included within the assessment area under the proposed management plan. (2) A legislative body may not make a change in accordance with Subsection (1)(e)(i) if the change would result in: (a) a change in the nature of a beneficial activity or reduction in the estimated amount of benefit to a benefitted property, whether in size, quality, or otherwise, than that described in the proposed management plan; (b) an estimated total assessment to any benefitted business within the assessment area that exceeds the estimate described in the proposed management plan; or (c) a financing term that extends beyond the estimated term of financing under the proposed management plan. (3) After the adoption of an ordinance or resolution described in Subsection (1)(c)(ii), the legislative body may contract with a third party administrator to provide beneficial activities within the assessment area.
Utah Code § 11-34-1 — Utah Code / Title 11 / Chapter 11-34 / § 11-34-1
§ 11-34-1. Definitions.
Status: in_force

As used in this chapter: (1) "Bonds" means any evidence or contract of indebtedness that is issued or authorized by a public body, including, without limitation, bonds, refunding bonds, advance refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of indebtedness, warrants, commercial paper, contracts, and leases, whether they are general obligations of the issuing public body or are payable solely from a specified source, including annual appropriations by the public body. (2) "Public body" means the state and any public department, public agency, or other public entity existing under the laws of the state, including, without limitation, any agency, authority, instrumentality, or institution of the state, and any county, city, town, municipal corporation, quasi-municipal corporation, state university or college, school district, special service district, special district, separate legal or administrative entity created under the Interlocal Cooperation Act or other joint agreement entity, community reinvestment agency, and any other political subdivision, public authority, public agency, or public trust existing under the laws of this state.
Utah Code § 11-60-101 — Utah Code / Title 11 / Chapter 11-60 / § 11-60-101
§ 11-60-101. Title.
Status: in_force

This chapter is known as "Political Subdivision Lien Authority."
Utah Code § 11-44-101 — Utah Code / Title 11 / Chapter 11-44 / § 11-44-101
§ 11-44-101. Title.
Status: in_force

This chapter is known as the "Performance Efficiency Act."
Utah Code § 11-42b-109 — Utah Code / Title 11 / Chapter 11-42b / § 11-42b-109
§ 11-42b-109. Renewal of assessment area designation -- Procedure -- Disposition of previous revenues -- Notice requirements.
Status: in_force

(1) Upon the expiration of an assessment area, the legislative body may, for a period not to exceed 10 years, renew the assessment area as provided in this section. (2) (a) If there are no changes to the management plan or the designation of the third party administrator, the legislative body may not renew the assessment area unless: (i) subject to Subsection (2)(c), the legislative body gives notice of the proposed renewal; (ii) the legislative body holds a public meeting no more than 90 days after the day on which the legislative body gives notice under Subsection (2)(a)(i); and (iii) at the public meeting described in Subsection (2)(a)(ii), the legislative body adopts an ordinance or resolution renewing the assessment area designation. (b) If there are changes to the management plan or the designation of the third party administrator, the legislative body may not renew the assessment area unless the legislative body: (i) gives notice of the proposed renewal in accordance with Section 11-42b-104; (ii) receives and considers all protests filed under Section 11-42b-105; (iii) holds a public hearing as provided in Section 11-42b-106; (iv) holds a public meeting as provided in Section 11-42b-107; and (v) at the public meeting described in Subsection (2)(b)(iv), adopts an ordinance or resolution renewing the assessment area. (c) The notice described in Subsection (2)(a)(i) shall: (i) state: (A) that the legislative body proposes to renew the assessment area with no changes; and (B) the date, time, and place of the public meeting described in Subsection (2)(a)(ii); and (ii) be published for the assessment area, as a class B notice under Section 63G-30-102, for at least 20 days, but not more than 35 days, before the day of the public meeting described in Subsection (2)(a)(ii). (3) (a) Upon renewal of an assessment area, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed assessment area. (b) If the renewed assessment area includes a benefitted property that was not included in the previous assessment area, the third party administrator may only expend revenues described in Subsection (3)(a) on benefitted properties that were included in the previous assessment area. (c) If the renewed assessment area does not include a benefitted property that was included in the previous assessment area, the third party administrator shall refund to the owner of the benefitted property the revenues described in Subsection (3)(a) attributable to the benefitted property.
Utah Code § 11-48-101.5 — Utah Code / Title 11 / Chapter 11-48 / § 11-48-101.5
§ 11-48-101.5. Definitions.
Status: in_force

As used in this chapter: (1) (a) "911 ambulance services" means ambulance services rendered in response to a 911 call received by a designated dispatch center that receives 911 or E911 calls. (b) "911 ambulance services" does not mean a seven or 10 digit telephone call received directly by an ambulance provider licensed under Title 53, Chapter 2d, Emergency Medical Services Act. (2) "Municipality" means a city or town. (3) "Political subdivision" means a county, city, town, special district, or special service district.
Utah Code § 11-13-522 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-522
§ 11-13-522. Lapse of appropriations -- Exceptions.
Status: in_force

All unexpended or unencumbered appropriations, except capital projects fund appropriations, lapse at the end of the budget year to the respective fund balance.
Utah Code § 11-65-606 — Utah Code / Title 11 / Chapter 11-65 / § 11-65-606
§ 11-65-606. Lake authority chief financial officer is a public treasurer -- Certain lake authority funds are public funds.
Status: in_force

(1) The lake authority's chief financial officer: (a) is a public treasurer, as defined in Section 51-7-3; and (b) shall invest the lake authority funds specified in Subsection (2) as provided in that subsection. (2) Notwithstanding Subsection 63E-2-110(2)(a), appropriations that the lake authority receives from the state: (a) are public funds; and (b) shall be invested as provided in Title 51, Chapter 7, State Money Management Act.
Utah Code § 11-13-205 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-205
§ 11-13-205. Agreement by public agencies to approve the creation of a new entity to own sewage and wastewater facilities -- Powers and duties of new entities -- Validation of previously created entities -- Notice to lieutenant governor -- Recording requirements.
Status: in_force

(1) It is declared that the policy of the state is to assure the health, safety, and welfare of its citizens, that adequate sewage and wastewater treatment plants and facilities are essential to the well-being of the citizens of the state and that the acquisition of adequate sewage and wastewater treatment plants and facilities on a regional basis in accordance with federal law and state and federal water quality standards and effluent standards in order to provide services to public agencies is a matter of statewide concern and is in the public interest. It is found and declared that there is a statewide need to provide for regional sewage and wastewater treatment plants and facilities, and as a matter of express legislative determination it is declared that the compelling need of the state for construction of regional sewage and wastewater treatment plants and facilities requires the creation of entities under the Interlocal Cooperation Act to own, construct, operate, and finance sewage and wastewater treatment plants and facilities; and it is the purpose of this law to provide for the accomplishment thereof in the manner provided in this section. (2) Any two or more public agencies of the state may also agree to approve the creation of a separate legal or administrative entity to accomplish and undertake the purpose of owning, acquiring, constructing, financing, operating, maintaining, and repairing regional sewage and wastewater treatment plants and facilities. (3) A separate legal or administrative entity created under this section is considered to be a political subdivision and body politic and corporate of the state with power to carry out and effectuate its corporate powers, including the power: (a) to adopt, amend, and repeal rules, bylaws, and regulations, policies, and procedures for the regulation of its affairs and the conduct of its business, to sue and be sued in its own name, to have an official seal and power to alter that seal at will, and to make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under the Interlocal Cooperation Act; (b) to own, acquire, construct, operate, maintain, repair, or cause to be constructed, operated, maintained, and repaired one or more regional sewage and wastewater treatment plants and facilities, all as shall be set forth in the agreement providing for its creation; (c) to borrow money, incur indebtedness and issue revenue bonds, notes or other obligations payable solely from the revenues and receipts derived from all or a portion of the regional sewage and wastewater treatment plants and facilities which it owns, operates, and maintains, such bonds, notes, or other obligations to be issued and sold in compliance with the provisions of Title 11, Chapter 14, Local Government Bonding Act; (d) to enter into agreements with public agencies and other parties and entities to provide sewage and wastewater treatment services on such terms and conditions as it considers to be in the best interests of its participants; and (e) to acquire by purchase or by exercise of the power of eminent domain, any real or personal property in connection with the acquisition and construction of any sewage and wastewater treatment plant and all related facilities and rights-of-way which it owns, operates, and maintains. (4) The provisions of Part 3, Project Entity Provisions, do not apply to a legal or administrative entity created for regional sewage and wastewater treatment purposes under this section. (5) All proceedings previously had in connection with the creation of any legal or administrative entity pursuant to this chapter, and all proceedings previously had by any such entity for the authorization and issuance of bonds of the entity are validated, ratified, and confirmed; and these entities are declared to be validly created interlocal cooperation entities under this chapter. These bonds, whether previously or subsequently issued pursuant to these proceedings, are validated, ratified, and confirmed and declared to constitute, if previously issued, or when issued, the valid and legally binding obligations of the entity in accordance with their terms. Nothing in this section shall be construed to affect or validate any bonds, or the organization of any entity, the legality of which is being contested at the time this act takes effect. (6) (a) The governing body of each party to the agreement to approve the creation of an entity under this section shall: (i) within 30 days after the date of the agreement, jointly file with the lieutenant governor: (A) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and (B) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and (ii) upon the lieutenant governor's issuance of a certificate of creation under Section 67-1a-6.5: (A) if the entity is located within the boundary of a single county, submit to the recorder of that county: (I) the original: (Aa) notice of an impending boundary action; (Bb) certificate of creation; and (Cc) approved final local entity plat; and (II) a certified copy of the agreement approving the creation of the entity; or (B) if the entity is located within the boundaries of more than a single county: (I) submit to the recorder of one of those counties: (Aa) the original of the documents listed in Subsections (6)(a)(ii)(A)(I)(Aa), (Bb), and (Cc); and (Bb) a certified copy of the agreement approving the creation of the entity; and (II) submit to the recorder of each other county: (Aa) a certified copy of the documents listed in Subsections (6)(a)(ii)(A)(I)(Aa), (Bb), and (Cc); and (Bb) a certified copy of the agreement approving the creation of the entity. (b) Upon the lieutenant governor's issuance of a certificate of entity creation under Section 67-1a-6.5, the entity is created. (c) Until the documents listed in Subsection (6)(a)(ii) are recorded in the office of the recorder of each county in which the property is located, a newly created entity under this section may not charge or collect a fee for service provided to property within the entity.
Utah Code § 11-13-219 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-219
§ 11-13-219. Publication of resolutions or agreements -- Contesting legality of resolution or agreement.
Status: in_force

(1) As used in this section: (a) "Enactment" means: (i) a resolution adopted or proceedings taken by a governing body under the authority of this chapter, and includes a resolution, indenture, or other instrument providing for the issuance of bonds; and (ii) an agreement or other instrument that is authorized, executed, or approved by a governing body under the authority of this chapter. (b) "Governing body" means: (i) the legislative body of a public agency; or (ii) the governing authority of an interlocal entity created under this chapter. (c) "Notice of agreement" means the notice authorized by Subsection (3)(c). (d) "Notice of bonds" means the notice authorized by Subsection (3)(d). (2) Any enactment taken or made under the authority of this chapter is not subject to referendum. (3) (a) A governing body need not publish any enactment taken or made under the authority of this chapter. (b) A governing body may provide for the publication of any enactment taken or made by it under the authority of this chapter according to the publication requirements established by this section. (c) (i) If the enactment is an agreement, document, or other instrument, or a resolution or other proceeding authorizing or approving an agreement, document, or other instrument, the governing body may, instead of publishing the full text of the agreement, resolution, or other proceeding, publish a notice of agreement containing: (A) the names of the parties to the agreement; (B) the general subject matter of the agreement; (C) the term of the agreement; (D) a description of the payment obligations, if any, of the parties to the agreement; and (E) a statement that the resolution and agreement will be available for review at the governing body's principal place of business during regular business hours for 30 days after the publication of the notice of agreement. (ii) The governing body shall make a copy of the resolution or other proceeding and a copy of the contract available at its principal place of business during regular business hours for 30 days after the publication of the notice of agreement. (d) If the enactment is a resolution or other proceeding authorizing the issuance of bonds, the governing body may, instead of publishing the full text of the resolution or other proceeding and the documents pertaining to the issuance of bonds, publish a notice of bonds that contains the information described in Subsection 11-14-316(2). (4) (a) If the governing body chooses to publish an enactment, notice of bonds, or notice of agreement, the governing body shall comply with the requirements of this Subsection (4). (b) The governing body shall post the enactment, notice of bonds, or notice of agreement for the governing body's geographic jurisdiction, as a class A notice under Section 63G-30-102, for 30 days. (5) (a) Any person in interest may contest the legality of an enactment or any action performed or instrument issued under the authority of the enactment for 30 days after the posting of the enactment, notice of bonds, or notice of agreement. (b) After the 30 days have passed, no one may contest the regularity, formality, or legality of the enactment or any action performed or instrument issued under the authority of the enactment for any cause whatsoever.
Utah Code § 11-13-305 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-305
§ 11-13-305. Impact alleviation requirements -- Payments in lieu of ad valorem tax -- Source of impact alleviation payment.
Status: in_force

(1) (a) (i) A project entity may assume financial responsibility for or provide for the alleviation of the direct impacts of its project, and make loans to candidates to alleviate impacts created by the construction or operation of any facility owned by others which is utilized to furnish fuel, construction or operation materials for use in the project to the extent the impacts were attributable to the project. (ii) Provision for the alleviation may be made by contract as provided in Subsection (2) or by the terms of a determination order as provided in Section 11-13-306. (b) A Utah public agency that is not a project entity may take the actions set forth in this Subsection (1) as though it were a project entity with respect to its ownership interest in facilities providing additional project capacity. (2) A candidate may, except as otherwise provided in Section 11-13-306, require the project entity or, in the case of facilities providing additional project capacity, any other public agency that owns an interest in those facilities, to enter into a contract with the candidate requiring the project entity or other public agency to assume financial responsibility for or provide for the alleviation of any direct impacts experienced by the candidate as a result of the project or facilities providing additional project capacity, as the case may be. Each contract with respect to a project or facilities providing additional project capacity shall be for a term ending at or before the end of the fiscal year of the candidate who is party to the contract immediately before the fiscal year in which the project becomes, or, in the case of facilities providing additional project capacity, those facilities become subject to the fee set forth in Section 11-13-302, unless terminated earlier as provided in Section 11-13-310, and shall specify the direct impacts or methods to determine the direct impacts to be covered, the amounts, or methods of computing the amounts, of the alleviation payments, or the means to provide for impact alleviation, provisions assuring the timely completion of the project or facilities providing additional project capacity and the furnishing of the services, and such other pertinent matters as shall be agreed to by the project entity or other public agency and the candidate. (3) Beginning at the time specified in Subsection 11-13-302(1), the project entity or other public agency shall make in lieu ad valorem tax payments to that candidate to the extent required by, and in the manner provided in, Section 11-13-302. (4) Payments under any impact alleviation contract or pursuant to a determination by the board shall be made from the proceeds of bonds issued for the project or for the facilities providing additional project capacity or from any other sources of funds available with respect to the project or the facilities providing additional project capacity.
Utah Code § 11-42-301 — Utah Code / Title 11 / Chapter 11-42 / § 11-42-301
§ 11-42-301. Improvements made only under contract let to lowest responsive, responsible bidder -- Publishing notice -- Sealed bids -- Procedure -- Exceptions to contract requirement.
Status: in_force

(1) Except as otherwise provided in this section, a local entity may make improvements in an assessment area only under contract let to the lowest responsive, responsible bidder for the kind of service, material, or form of construction that the local entity's governing body determines in compliance with any applicable local entity ordinances. (2) A local entity may: (a) divide improvements into parts; (b) (i) let separate contracts for each part; or (ii) combine multiple parts into the same contract; and (c) let a contract on a unit basis. (3) (a) A local entity may not let a contract until after providing notice as provided in Subsection (3)(b), as a class A notice under Section 63G-30-102, for at least 15 days before the date specified for receipt of bids. (b) Each notice under Subsection (3)(a) shall notify contractors that the local entity will receive sealed bids at a specified time and place for the construction of the improvements. (c) Notwithstanding a local entity's failure, through inadvertence or oversight, to publish the notice or to publish the notice within 15 days before the date specified for receipt of bids, the governing body may proceed to let a contract for the improvements if the local entity receives at least three sealed and bona fide bids from contractors by the time specified for the receipt of bids. (d) A local entity may publish a notice required under this Subsection (3) at the same time as a notice under Section 11-42-202. (4) (a) A local entity may accept as a sealed bid a bid that is: (i) manually sealed and submitted; or (ii) electronically sealed and submitted. (b) The governing body or project engineer shall, at the time specified in the notice under Subsection (3), open and examine the bids. (c) In open session, the governing body: (i) shall declare the bids; and (ii) may reject any or all bids if the governing body considers the rejection to be for the public good. (d) The local entity may award the contract to the lowest responsive, responsible bidder even if the price bid by that bidder exceeds the estimated costs as determined by the project engineer. (e) A local entity may in any case: (i) refuse to award a contract; (ii) obtain new bids after giving a new notice under Subsection (3); (iii) determine to abandon the assessment area; or (iv) not make some of the improvements proposed to be made. (5) A local entity is not required to let a contract as provided in this section for: (a) an improvement or part of an improvement the cost of which or the making of which is donated or contributed; (b) an improvement that consists of furnishing utility service or maintaining improvements; (c) labor, materials, or equipment supplied by the local entity; (d) the local entity's acquisition of completed or partially completed improvements in an assessment area; (e) design, engineering, and inspection costs incurred with respect to the construction of improvements in an assessment area; or (f) additional work performed in accordance with the terms of a contract duly let to the lowest responsive, responsible bidder. (6) A local entity may itself furnish utility service and maintain improvements within an assessment area. (7) (a) A local entity may acquire completed or partially completed improvements in an assessment area, but may not pay an amount for those improvements that exceeds their fair market value. (b) Upon the local entity's payment for completed or partially completed improvements, title to the improvements shall be conveyed to the local entity or another public agency. (8) The provisions of Title 11, Chapter 39, Building Improvements and Public Works Projects, and Section 72-6-108 do not apply to improvements to be constructed in an assessment area.
Utah Code § 11-65-203 — Utah Code / Title 11 / Chapter 11-65 / § 11-65-203
§ 11-65-203. Policies and objectives of the lake authority -- Additional duties of the lake authority.
Status: in_force

(1) The policies and objectives of the lake authority are to: (a) protect and improve: (i) the quality of Utah Lake's water, consistent with the Clean Water Act, 33 U.S.C. Sec. 1251 et seq., and Title 19, Chapter 5, Water Quality Act; (ii) the beneficial and public trust uses of Utah Lake; (iii) Utah Lake's environmental quality; and (iv) the quality of Utah Lake's lakebed and sediments; (b) enhance the recreational opportunities afforded by Utah Lake; (c) enhance long-term economic benefits to the area, the region, and the state; (d) respect and maintain sensitivity to the unique natural environment of areas in and around the lake authority boundary; (e) improve air quality and minimize resource use; (f) comply with existing land use and other agreements and arrangements between property owners and applicable governmental authorities; (g) promote and encourage management and uses that are compatible with or complement the public trust and uses in areas in proximity to Utah Lake; (h) take advantage of Utah Lake's strategic location and other features that make Utah Lake attractive: (i) to residents for recreational purposes; (ii) for tourism and leisure; and (iii) for business opportunities; (i) encourage the development and use of cost-efficient clean energy in project areas; (j) as consistent with applicable public trust, support and promote land uses on land within the lake authority boundary and land in adjacent political subdivisions that generate economic development, including rural economic development; (k) respect and not interfere with water rights or the operation of water facilities or water projects associated with Utah Lake; (l) respect and maintain sensitivity to the unique Native American history, historical sites, and artifacts within and around the lake authority boundary; and (m) protect the ability of the Provo airport to operate and grow, consistent with applicable environmental regulations, recognizing the significant state investment in the airport and the benefits that a thriving airport provides to the quality of life and the economy. (2) In fulfilling the lake authority's duties and responsibilities relating to the management of Utah Lake and to achieve and implement the management policies and objectives under Subsection (1), the lake authority shall: (a) work to identify funding sources, including federal, state, and local government funding and private funding, for capital improvement projects in and around Utah Lake; (b) review and identify land use and zoning policies and practices to recommend to land use policymakers and administrators of adjoining municipalities that are consistent with and will help to achieve the policies and objectives stated in Subsection (1); (c) consult and coordinate with other applicable governmental entities to improve and enhance transportation and other infrastructure and facilities in order to maximize the potential of Utah Lake to attract, retain, and service users who will help enhance the long-term economic benefit to the state; and (d) pursue policies that the board determines are designed to avoid or minimize negative environmental impacts of management. (3) The lake authority shall respect: (a) a permit issued by a governmental entity applicable to Utah Lake; (b) a governmental entity's easement or other interest affecting Utah Lake; (c) an agreement between governmental entities, including between a state agency and the federal government, relating to Utah Lake; and (d) the public trust doctrine as applicable to land within the lake authority boundary. (4) (a) The lake authority may use lake authority money to encourage, incentivize, fund, or require development that: (i) mitigates noise, air pollution, light pollution, surface and groundwater pollution, and other negative environmental impacts; (ii) includes building or project designs that minimize negative impacts to the June Sucker, avian species, and other wildlife; (iii) mitigates traffic congestion; or (iv) uses high efficiency building construction and operation. (b) In consultation with the municipality in which management is expected to occur and applicable state agencies, the lake authority shall establish minimum mitigation and environmental standards for management occurring on land within the lake authority boundary.
Utah Code § 11-68-501 — Utah Code / Title 11 / Chapter 11-68 / § 11-68-501
§ 11-68-501. Authority may issue bonds -- Resolution authorizing issuance of authority bonds -- Characteristics of bonds.
Status: in_force

(1) The authority may issue bonds, as provided in this part, to fund development consistent with the master plan adopted under Subsection 11-68-301(9)(c). (2) The authority may not issue bonds under this part unless the board first: (a) adopts a parameters resolution that sets forth: (i) the maximum: (A) amount of the bonds; (B) term; and (C) interest rate; and (ii) the expected security for the bonds; and (b) submits the parameters resolution for review and recommendation to the State Finance Review Commission created in Section 63C-25-201. (3) (a) As provided in the authority resolution authorizing the issuance of bonds under this part or the trust indenture under which the bonds are issued, bonds issued under this part may be issued in one or more series and may be sold at public or private sale and in the manner provided in the resolution or indenture. (b) Bonds issued under this part shall bear the date, be payable at the time, bear interest at the rate, be in the denomination and in the form, carry the conversion or registration privileges, have the rank or priority, be executed in the manner, be subject to the terms of redemption or tender, with or without premium, be payable in the medium of payment and at the place, and have other characteristics as provided in the authority resolution authorizing the bonds' issuance or the trust indenture under which the bonds are issued. (4) Upon the board's adoption of a resolution providing for the issuance of bonds, the board may provide for the publication of the resolution: (a) in a newspaper having general circulation in the authority's boundaries; and (b) as required in Section 45-1-101. (5) In lieu of publishing the entire resolution, the board may publish notice of bonds that contains the information described in Subsection 11-14-316(2). (6) For a period of 30 days after the publication, any person in interest may contest: (a) the legality of the resolution or proceeding; (b) any bonds that may be authorized by the resolution or proceeding; or (c) any provisions made for the security and payment of the bonds. (7) (a) A person may contest the matters set forth in Subsection (6) by filing a verified written complaint, within 30 days after the publication under Subsection (5), in the district court of the county in which the person resides. (b) A person may not contest the matters set forth in Subsection (6), or the regularity, formality, or legality of the resolution or proceeding, for any reason, after the 30-day period for contesting provided in Subsection (7)(a). (8) No later than 60 days after the closing day of any bonds, the authority shall report the bonds issuance, including the amount of the bonds, terms, interest rate, and security, to: (a) the Executive Appropriations Committee; and (b) the State Finance Review Commission created in Section 63C-25-201.
Utah Code § 11-41-103 — Utah Code / Title 11 / Chapter 11-41 / § 11-41-103
§ 11-41-103. Prohibition on retail facility incentive payments -- Exceptions.
Status: in_force

(1) Except as provided in Subsection (2), a public entity may not: (a) make a retail facility incentive payment under an agreement that is initiated or entered into on or after July 1, 2022; or (b) initiate or enter into an agreement on or after July 1, 2022, to make a retail facility incentive payment. (2) Notwithstanding Subsection (1), a public entity that is not the office may make a retail facility incentive payment for: (a) a retail facility located entirely within a census tract in which more than 50% of residents have a household income at or below 80% of the county area median income; (b) a retail facility included as part of a mixed-use development in which: (i) the mixed-use development has received approval from the legislative body to begin development; (ii) the mixed-use development includes or is planned to include at least one housing unit for every 1,250 square feet of retail space: (A) within the mixed-use development; or (B) within 1/4 mile radius of the property line of the planned retail facility; and (iii) at least 10% of the new or proposed housing units within the mixed-use development qualify as moderate income housing, in accordance with the moderate income housing plan of the municipality or county in which the development is located; (c) a retail facility included as part of a development in which: (i) the retail facility has a gross sales floor area of no more than 20,000 square feet; and (ii) no other retail facility with a gross sales floor area of more than 20,000 square feet is located within the same development; (d) a retail facility located within a county of the fourth, fifth, or sixth class; (e) a retail facility for a small business; (f) a retail facility for a Utah-based nonprofit arts or cultural organization; or (g) a retail facility for a ski resort that: (i) has been in operation for at least 40 years; and (ii) provides at least 1,000 acres for skiing. (3) Nothing in this section prohibits a public entity from making: (a) an expenditure for a public facility, including: (i) water rights and water supply, treatment, storage, and distribution facilities; (ii) wastewater collection and treatment facilities; (iii) storm water, drainage, and flood control facilities; (iv) municipal power facilities; (v) roadway facilities; (vi) parks, recreation facilities, open space, and trails; (vii) public safety facilities; (viii) environmental mitigation, as provided in Section 11-36a-205; and (ix) municipal natural gas facilities; or (b) a payment of public funds for: (i) the development, construction, renovation, or operation of: (A) public infrastructure; or (B) a structured parking facility; (ii) the demolition of an existing retail facility; (iii) assistance under a state or local: (A) main street program; or (B) historic preservation program; (iv) environmental mitigation or sanitation, if determined by a state or federal agency under applicable state or federal law; (v) assistance under a water conservation program or energy efficiency program, if any business entity located within the public entity's boundaries or subject to the public entity's jurisdiction is eligible to participate in the program; (vi) emergency aid or assistance, if any business entity located within the public entity's boundaries or subject to the public entity's jurisdiction is eligible to receive the emergency aid or assistance; or (vii) assistance under a public safety or security program, if any business entity located within the public entity's boundaries or subject to the public entity's jurisdiction is eligible to participate in the program. (4) A person who receives a retail facility incentive payment for a mixed-use development in accordance with Subsection (2)(b) may not use the retail facility incentive payment for the development, construction, renovation, or operation of housing units within the mixed-use development unless the housing units qualify as moderate income housing in accordance with the moderate income housing plan of the municipality or county in which the development is located. (5) (a) For each fiscal year that a public entity makes a retail facility incentive payment described in Subsections (2)(a) through (c), the public entity shall submit a written report to the office in accordance with Subsection 11-41-104(1). (b) For each fiscal year that a public entity makes a retail facility incentive payment described in Subsections (2)(d) through (g), the public entity shall submit a notification to the office in accordance with Subsection 11-41-104(2).
Utah Code § 11-14-311 — Utah Code / Title 11 / Chapter 11-14 / § 11-14-311
§ 11-14-311. Bond anticipation notes.
Status: in_force

(1) (a) If the governing body considers it advisable and in the interests of the local political subdivision to anticipate the issuance of bonds to be issued under this chapter, the governing body may, pursuant to appropriate resolution, issue bond anticipation notes. (b) Each resolution authorizing the issuance of bond anticipation notes shall: (i) describe the bonds in anticipation of which the notes are to be issued; (ii) specify the principal amount of the notes and the maturity dates of the notes; and (iii) specify either the rates of interest, if any, on the notes or the method by which interest on the notes may be determined while the notes are outstanding. (c) If the resolution specifies a method by which the interest rates on the notes may be determined, the resolution may specify the maximum rate of interest which the notes may bear. (2) Bond anticipation notes shall be issued and sold in a manner and at a price, either at, below, or above face value, as the governing body determines by resolution. Interest on bond anticipation notes may be made payable semiannually, annually, or at maturity. Bond anticipation notes may be made redeemable prior to maturity at the option of the governing body in the manner and upon the terms fixed by the resolution authorizing their issuance. Bond anticipation notes shall be executed and shall be in a form and have details and terms as provided in the authorizing resolution. (3) Contemporaneously with the issuance of the bonds in anticipation of which bond anticipation notes are issued, provision shall be made for the retirement of any outstanding bond anticipation notes. (4) Whenever the bonds in anticipation of which notes are issued are to be payable from ad valorem taxes and constitute full general obligations of the local political subdivision, the bond anticipation notes and the interest on them shall be secured by a pledge of the full faith and credit of the local political subdivision in the manner provided in Section 11-14-310 and shall also be made payable from funds derived from the sale of the bonds in anticipation of which the notes are issued. Whenever the bonds in anticipation of which the notes are to be issued are to be payable solely from revenues derived from the operation of revenue-producing facilities, these bond anticipation notes and the interest on them shall be secured by a pledge of the income and revenues derived by the local political subdivision from the revenue-producing facilities and shall also be made payable from funds derived from the sale of the bonds in anticipation of which the notes are issued. (5) Bond anticipation notes issued under this section may be refunded by the issuance of other bond anticipation notes issued under this section. (6) Sections 11-14-304, 11-14-305, 11-14-315, 11-14-316, and 11-14-401 apply to all bond anticipation notes issued under this section. (7) Bonds are not considered to have been issued outside of the 10-year period described in Section 11-14-301, if the issuance of the bonds is anticipated under this section by bond anticipation notes issued before the expiration of the 10-year period.
Utah Code § 11-59-402 — Utah Code / Title 11 / Chapter 11-59 / § 11-59-402
§ 11-59-402. Amending the authority annual budget.
Status: in_force

(1) The authority board may by resolution amend an annual authority budget. (2) An amendment of the annual authority budget that would increase the total expenditures may be made only after public hearing by notice published as required for initial adoption of the annual budget. (3) The authority may not make expenditures in excess of the total expenditures established in the annual budget as it is adopted or amended.
Utah Code § 11-14-404 — Utah Code / Title 11 / Chapter 11-14 / § 11-14-404
§ 11-14-404. Severability clause.
Status: in_force

If any one or more sentences, clauses, phrases, provisions or sections of this chapter or the application thereof to any set of circumstances shall be held by final judgment of any court of competent jurisdiction to be invalid, the remaining sentences, clauses, phrases, provisions and sections hereof and the application of this chapter to other sets of circumstances shall nevertheless continue to be valid and effective, the legislature hereby declaring that all provisions of this chapter are severable.
Utah Code § 11-7-2 — Utah Code / Title 11 / Chapter 11-7 / § 11-7-2
§ 11-7-2. Contract -- Requirements -- Time in effect.
Status: in_force

Any contract made pursuant to Section 11-7-1 shall: (1) Be in writing. (2) Set forth in detail the extent of the fire protection to be afforded by the party or parties contracting to furnish fire protection. (3) Set forth in detail the amount and method of payment to be made by the party or parties. (4) Be in effect for at least one year but not more than five years.
Utah Code § 11-58-601 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-601
§ 11-58-601. General differential and nonmunicipal differential.
Status: in_force

(1) As used in this section: (a) "Designation order" means a written determination, issued by the executive director, that designates a transition date and a trigger date, which may be the same date, for the parcel specified in the written determination. (b) "Post-designation parcel" means a parcel within a project area after the transition date for that parcel. (c) "Pre-designation parcel" means a parcel within a project area before the transition date for that parcel. (d) "Transition date" means the date indicated in a designation order after which the parcel that is the subject of the designation order is a post-designation parcel. (e) "Trigger date" means the date indicated in a designation order upon which tax differential payments due to the authority commence. (2) This section applies to nonmunicipal differential and general differential to be paid to the authority. (3) The authority shall be paid 75% of nonmunicipal differential generated from a pre-designation parcel that is part of the authority jurisdictional land: (a) for the period beginning November 2019 and ending the earlier of: (i) the transition date for that parcel; and (ii) November 30, 2044; and (b) for a period of up to 15 years following November 2044 if, before the end of November 2044: (i) the parcel has not become a post-designation parcel; and (ii) the board adopts a resolution approving the extension. (4) (a) As provided in Subsection (4)(b), the authority shall be paid: (i) 75% of nonmunicipal differential generated from a post-designation parcel that is part of the authority jurisdictional land; and (ii) up to 75% of general differential, as determined by the board and included in a project area plan adopted or amended under Part 5, Project Area Plan and Budget, generated from a post-designation parcel that is not part of the authority jurisdictional land. (b) The property tax differential paid under Subsection (4)(a) from a post-designation parcel shall be paid: (i) for a period of 25 years beginning on the trigger date for that parcel; and (ii) for a period of up to an additional 15 years beyond the period stated in Subsection (4)(b)(i) if the board determines by resolution that the additional years of nonmunicipal differential or general differential, as the case may be, from that parcel will produce a significant benefit. (5) (a) For purposes of this section, the authority may designate an improved portion of a parcel in a project area as a separate parcel. (b) An authority designation of an improved portion of a parcel as a separate parcel under Subsection (5)(a) does not constitute a subdivision, as defined in Section 10-20-102 or Section 17-79-102. (c) A county recorder shall assign a separate tax identification number to the improved portion of a parcel designated by the authority as a separate parcel under Subsection (5)(a).
Utah Code § 11-13-519 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-519
§ 11-13-519. Review of individual governmental fund budgets -- Hearing.
Status: in_force

(1) The governing board of an interlocal entity may, at any time during the budget year, review an individual budget of the governmental fund for the purpose of determining if the total of an individual budget should be increased. (2) If the governing board decides that the budget total of one or more governmental funds described in Subsection (1) should be increased, it shall hold a public hearing on the increase in accordance with the procedures established in Sections 11-13-509 and 11-13-510.
Utah Code § 11-13-528 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-528
§ 11-13-528. Annual financial reports -- Audit reports.
Status: in_force

(1) Within 180 days after the close of each fiscal year, the interlocal entity shall prepare an annual financial report in conformity with generally accepted accounting principles as prescribed in the Uniform Accounting Manual of the Utah State Auditor. (2) The requirement under Subsection (1) may be satisfied by presentation of the audit report furnished by the auditor. (3) The interlocal entity shall: (a) file copies of the annual financial report or the audit report furnished by the auditor with the state auditor; and (b) maintain the report as a public document in the interlocal entity office.
Utah Code § 11-8-3 — Utah Code / Title 11 / Chapter 11-8 / § 11-8-3
§ 11-8-3. Department of Environmental Quality to negotiate loans for sewage facilities.
Status: in_force

(1) The Department of Environmental Quality may negotiate loans from the Retirement Systems Fund, State Land Principal Fund, or any state fiduciary fund which has sums available for loaning, as these funds are defined in Title 51, Chapter 5, Funds Consolidation Act, not to exceed $1,000,000 in any fiscal year for the purposes of providing the funding for the loans provided for in Section 11-8-2. (2) The terms of any borrowing and repayment shall be negotiated between the borrower and the lender consistent with the legal duties of the lender.
Utah Code § 11-58-208 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-208
§ 11-58-208. New aviation fuel incentive -- Requirements.
Status: in_force

(1) As used in this section: (a) "Aviation fuel" means fuel that is: (i) used by a carrier; and (ii) subject to an aviation fuel tax under Title 59, Chapter 13, Part 4, Aviation Fuel. (b) "Aviation fuel incentive" means a grant awarded by the authority to a qualifying carrier from the incentive account as provided in this section. (c) "Aviation fuel project" means a project for the development of facilities in the state to increase the production of aviation fuel. (d) "Base production year" means the fiscal year designated by the authority under Subsection (3). (e) "Carrier" means a federally certificated air carrier, as defined in Section 59-13-102. (f) "Commission" means the State Tax Commission. (g) "Incentive account" means an account that the authority establishes and maintains under Subsection (4) and from which the authority pays an aviation fuel incentive. (h) "Incentive year" means any of the first 10 consecutive fiscal years immediately following the base production year. (i) "New aviation fuel" means the quantity of aviation fuel produced by a refinery during an incentive year that exceeds the quantity of aviation fuel produced by the refinery during the base production year. (j) "Qualifying carrier" means a carrier that meets the requirements of Subsection (4). (k) "Refinery" means the same as that term is defined in Section 79-6-701. (2) As provided in this section, the authority may award a grant of up to $1,000,000 per incentive year from the incentive account to a carrier that the authority determines to be a qualifying carrier. (3) The authority shall designate as the base production year the fiscal year that the authority determines to be the fiscal year that precedes the first fiscal year during which new aviation fuel is expected to be produced. (4) (a) The authority shall establish and maintain an account for the deposit of money under Section 59-5-121 and for the authority's payment of aviation fuel incentives under this section. (b) The authority shall maintain and account for money in the account described in Subsection (4)(a) separate from all other money of the authority. (5) A carrier that seeks to be awarded an aviation fuel incentive for a fiscal year shall: (a) submit to the authority an application that meets the requirements of Subsection (6); and (b) demonstrate to the authority's satisfaction that: (i) a refinery from which the carrier purchases aviation fuel has invested at least $5,000,000 since May 3, 2023 in an aviation fuel project; and (ii) due to the aviation fuel project, the refinery, during an incentive year: (A) has produced at least 4,500,000 gallons more aviation fuel for use by carriers in the state than the refinery produced during the base production year; and (B) has not produced less gas and diesel fuel than the refinery produced during the base production year. (6) (a) An application under Subsection (5) shall include information that the authority determines to be relevant to the authority's determination of whether the carrier qualifies for an aviation fuel incentive, including: (i) for the application for the first incentive year that the carrier submits an application under this section: (A) the amount of the refinery's investment in an aviation fuel project; and (B) the quantity of aviation fuel and gas and diesel fuel produced by the refinery during the base production year; (ii) the quantity of aviation fuel and gas and diesel fuel produced by the refinery during the applicable incentive year; and (iii) verification that the new aviation fuel was produced for use by a carrier in the state. (b) An application under Subsection (5) shall be submitted to the authority before a deadline established by the authority. (c) Multiple carriers may not rely on the same refinery to support the carriers' applications for an aviation fuel incentive. (7) (a) A carrier may receive an aviation fuel incentive for no more than 15 consecutive incentive years. (b) The maximum cumulative amount a carrier may receive as an aviation fuel incentive is $10,000,000 or one-third of the amount the refineries represented in the carrier's applications invested in an aviation fuel project, whichever is less. (c) The authority may not award aviation fuel incentives in excess of the amount that the Division of Finance deposits into the incentive account under Section 59-5-121. (d) If more than one carrier qualifies for an aviation fuel incentive in an incentive year, the authority shall prorate money granted to qualifying carriers based on the percentage of new aviation fuel produced by the refineries represented in a carrier's application as compared to the total amount of new aviation fuel produced by all refineries represented in the applications of all qualifying carriers. (8) (a) For purposes of determining whether a carrier meets the requirements to be a qualifying carrier, the authority may require a carrier that submits an application for an aviation fuel incentive to provide the authority with a document that expressly directs and authorizes the commission to disclose to the authority the carrier's returns and other information that would otherwise be subject to confidentiality under Section 59-1-403 or Section 6103, Internal Revenue Code. (b) Upon the commission's receipt of a document described in Subsection (8)(a), the commission shall provide the authority with the returns and other information requested by the authority that the document directs and authorizes the commission to provide to the authority. (9) The authority may adopt a policy establishing: (a) the application and reporting criteria for a carrier to receive an aviation fuel incentive under this section; and (b) procedures for establishing the base production year. (10) (a) Within 90 days after the end of the 15th fiscal year after the base production year, the authority shall pay to the Division of Finance all money in the account that the port authority has not awarded by grant under this section. (b) Any money that the authority pays to the Division of Finance under Subsection (10)(a) is considered to be severance tax revenue collected under Section 59-5-102 in the fiscal year during which the authority pays the money to the Division of Finance.
Utah Code § 11-70-403 — Utah Code / Title 11 / Chapter 11-70 / § 11-70-403
§ 11-70-403. Use of enhanced property tax revenue.
Status: in_force

The fairpark district may use enhanced property tax revenue collected from a project area for a development project outside the fairpark district boundary if approved by the board.
Utah Code § 11-70-604 — Utah Code / Title 11 / Chapter 11-70 / § 11-70-604
§ 11-70-604. Those executing bonds not personally liable -- Limitation of obligations under bonds -- Negotiability.
Status: in_force

(1) A member of the board or other person executing a fairpark district bond is not liable personally on the bond. (2) (a) A bond issued by the fairpark district is not a general obligation or liability of the state or any of its political subdivisions and does not constitute a charge against their general credit or taxing powers. (b) A bond issued by the fairpark district is not payable out of any funds or properties other than those of the fairpark district. (c) The state and its political subdivisions are not and may not be held liable on a bond issued by the fairpark district. (d) A bond issued by the fairpark district does not constitute indebtedness within the meaning of any constitutional or statutory debt limitation. (3) A bond issued by the fairpark district under this part is fully negotiable.
Utah Code § 11-36a-703 — Utah Code / Title 11 / Chapter 11-36a / § 11-36a-703
§ 11-36a-703. Procedures for challenging an impact fee.
Status: in_force

(1) (a) A local political subdivision may establish, by ordinance or resolution, or a private entity may establish by prior written policy, an administrative appeals procedure to consider and decide a challenge to an impact fee. (b) If the local political subdivision or private entity establishes an administrative appeals procedure, the local political subdivision shall ensure that the procedure includes a requirement that the local political subdivision make its decision no later than 30 days after the day on which the challenge to the impact fee is filed. (2) A challenge under Subsection 11-36a-701(3)(a) is initiated by filing: (a) if the local political subdivision or private entity has established an administrative appeals procedure under Subsection (1), the necessary document, under the administrative appeals procedure, for initiating the administrative appeal; (b) a request for arbitration as provided in Section 11-36a-705; or (c) an action in district court. (3) The sole remedy for a successful challenge under Subsection 11-36a-701(1), which determines that an impact fee process was invalid, or an impact fee is in excess of the fee allowed under this act, is a declaration that, until the local political subdivision or private entity enacts a new impact fee study, from the date of the decision forward, the entity may charge an impact fee only as the court has determined would have been appropriate if it had been properly enacted. (4) Subsections (2), (3), 11-36a-701(3), and 11-36a-702(1) may not be construed as requiring a person or an entity to exhaust administrative remedies with the local political subdivision before filing an action in district court under Subsections (2), (3), 11-36a-701(3), and 11-36a-702(1). (5) The judge may award reasonable attorney fees and costs to the prevailing party in an action brought under this section. (6) This chapter may not be construed as restricting or limiting any rights to challenge impact fees that were paid before the effective date of this chapter.
Utah Code § 11-65-301 — Utah Code / Title 11 / Chapter 11-65 / § 11-65-301
§ 11-65-301. Utah Lake Authority board -- Delegation of power.
Status: in_force

(1) The lake authority shall be governed by a board which shall manage and conduct the business and affairs of the lake authority and shall determine all questions of lake authority policy. (2) All powers of the lake authority are exercised through the board or, as provided in Section 11-65-305, the executive director. (3) The board may by resolution delegate powers to lake authority staff. (4) To consult with and advise the board in the performance of the board's duties in fulfilling the purposes of the lake authority, the board shall appoint: (a) one or more advisory committees; (b) one or more technical committees; (c) one or more local government groups; and (d) one or more stakeholder groups.
Utah Code § 11-62-102 — Utah Code / Title 11 / Chapter 11-62 / § 11-62-102
§ 11-62-102. Definition.
Status: in_force

As used in this chapter, "parking citation, civil citation, or administrative fine" means a citation or other action by a county, city, or town that under a law other than this chapter authorizes the county, city, or town to impose a fine against an individual.
Utah Code § 11-30-8 — Utah Code / Title 11 / Chapter 11-30 / § 11-30-8
§ 11-30-8. Injunction -- Other orders.
Status: in_force

(1) Upon motion of the public body to the court in which the validation proceeding is pending, whether before or after the date set for hearing, the court may: (a) enjoin the commencement, prosecution, or maintenance of any other action involving the validity of the bonds; (b) order all other actions or proceedings consolidated with the validation proceeding pending before the court; and (c) make orders that are necessary or proper to effect consolidation or to avoid unnecessary costs or delays. (2) The orders described in Subsection (1) are not appealable.
Utah Code § 11-59-102 — Utah Code / Title 11 / Chapter 11-59 / § 11-59-102
§ 11-59-102. Definitions.
Status: in_force

As used in this chapter: (1) "Authority" means the Point of the Mountain State Land Authority, created in Section 11-59-201. (2) "Board" means the authority's board, created in Section 11-59-301. (3) "Development": (a) means the construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including: (i) the demolition or preservation or repurposing of a building, infrastructure, or other facility; (ii) surveying, testing, locating existing utilities and other infrastructure, and other preliminary site work; and (iii) any associated planning, design, engineering, and related activities; and (b) includes all activities associated with: (i) marketing and business recruiting activities and efforts; (ii) leasing, or selling or otherwise disposing of, all or any part of the point of the mountain state land; and (iii) planning and funding for mass transit infrastructure to service the point of the mountain state land. (4) "Facilities division" means the Division of Facilities Construction and Management, created in Section 63A-5b-301. (5) "New correctional facility" means the state correctional facility being developed in Salt Lake City to replace the state correctional facility in Draper. (6) "Point of the mountain state land" means: (a) the approximately 700 acres of state-owned land in Draper, including land used for the operation of a state correctional facility until completion of the new correctional facility and state-owned land in the vicinity of the current state correctional facility; and (b) any land, in addition to the land described in Subsection (6)(a), that: (i) the state or authority acquires; and (ii) is contiguous to the land described in Subsection (6)(a). (7) "Public entity" means: (a) the state, including each department, division, or other agency of the state; or (b) a county, city, town, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state, including the authority. (8) "Publicly owned infrastructure and improvements": (a) means infrastructure, improvements, facilities, or buildings that: (i) benefit the public; and (ii) (A) are owned by a public entity or a utility; or (B) are publicly maintained or operated by a public entity; and (b) includes: (i) facilities, lines, or systems that provide: (A) water, chilled water, or steam; or (B) sewer, storm drainage, natural gas, electricity, energy storage, clean energy, microgrids, or telecommunications service; (ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking facilities, and public transportation facilities; and (iii) greenspace, parks, trails, recreational amenities, or other similar facilities. (9) "Taxing entity" means the same as that term is defined in Section 59-2-102.
Utah Code § 11-68-502 — Utah Code / Title 11 / Chapter 11-68 / § 11-68-502
§ 11-68-502. Sources from which bonds may be made payable -- Authority powers regarding bonds.
Status: in_force

(1) The principal and interest on bonds issued by the authority may be made payable from: (a) the income and revenues of the development projects financed with the proceeds of the bonds; (b) the income and revenues of certain designated development projects whether or not they were financed in whole or in part with the proceeds of the bonds; (c) the income, revenues, proceeds, and funds the authority derives from or holds in connection with the authority undertaking and carrying out development; (d) revenue from a special event tax under Title 59, Chapter 12, Part 23, Fair Park Special Event Tax; (e) authority revenues generally; (f) a contribution, loan, grant, or other financial assistance from the federal government or a public entity in aid of the development; or (g) funds derived from any combination of the sources listed in Subsections (1)(a) through (g). (2) (a) In connection with the issuance of authority bonds, the authority may: (i) pledge all or any part of the authority's gross or net rents, fees, or revenues to which the authority's right then exists or may thereafter come into existence; and (ii) make the covenants and take the action that may be necessary, convenient, or desirable to secure the authority's bonds, or, except as otherwise provided in this chapter, that will tend to make the bonds more marketable, even though such covenants or actions are not specifically enumerated in this chapter. (b) The authority may not use all or any portion of the fair park land as collateral for any bonds or encumber the fair park land by mortgage, deed of trust, or otherwise as collateral for any bonds.
Utah Code § 11-61-105 — Utah Code / Title 11 / Chapter 11-61 / § 11-61-105
§ 11-61-105. Political activity outside a public building.
Status: in_force

(1) Except as provided in Section 11-61-103 and Subsection (2), a political subdivision may not prohibit a political activity, including signature gathering or petition circulation, on public grounds. (2) A political subdivision may impose a time, place, and manner restriction on political activities outside a public building in accordance with Section 11-61-104.
Utah Code § 11-36a-401 — Utah Code / Title 11 / Chapter 11-36a / § 11-36a-401
§ 11-36a-401. Impact fee enactment.
Status: in_force

(1) (a) A local political subdivision or private entity wishing to impose impact fees shall pass an impact fee enactment in accordance with Section 11-36a-402. (b) An impact fee imposed by an impact fee enactment may not exceed the highest fee justified by the impact fee analysis. (2) An impact fee enactment may not take effect until 90 days after the day on which the impact fee enactment is approved.
Utah Code § 11-70-204 — Utah Code / Title 11 / Chapter 11-70 / § 11-70-204
§ 11-70-204. Fairpark district accommodations tax.
Status: in_force

(1) As used in this section: (a) "Accommodations and services" means an accommodation or service described in Subsection 59-12-103(1)(i). (b) "Accommodations tax" means a tax imposed as provided in this section. (2) By resolution, the fairpark district board may impose an accommodations tax on a provider for amounts paid or charged for accommodations and services, if the place of accommodation is located within the district sales tax area. (3) The maximum rate of an accommodations tax is 15% of the amounts paid to or charged by the provider for accommodations and services. (4) A provider may recover an amount equal to the accommodations tax from customers, if the provider includes the amount as a separate billing line item. (5) If the fairpark district imposes an accommodations tax, a public entity other than the fairpark district, may not impose, on the amounts paid or charged for accommodations and services within the district sales tax area, any other tax described in: (a) Title 59, Chapter 12, Sales and Use Tax Act; or (b) Title 59, Chapter 28, State Transient Room Tax Act. (6) Except as provided in Subsection (8) or (9), an accommodations tax shall be administered, collected, and enforced in accordance with: (a) the same procedures used to administer, collect, and enforce the tax under: (i) Title 59, Chapter 12, Part 1, Tax Collection; or (ii) Title 59, Chapter 12, Part 2, Local Sales and Use Tax Act; and (b) Title 59, Chapter 1, General Taxation Policies. (7) The location of a transaction shall be determined in accordance with Sections 59-12-211 through 59-12-215. (8) (a) An accommodations tax is not subject to Section 59-12-107.1 or 59-12-123 or Subsections 59-12-205(2) and (4) through (6). (b) The exemptions described in Sections 59-12-104, 59-12-104.1, and 59-12-104.6 do not apply to an accommodations tax. (9) The State Tax Commission shall: (a) except as provided in Subsection (9)(b), distribute the revenue collected from an accommodations tax to the fairpark district; and (b) retain and deposit an administrative charge in accordance with Section 59-1-306 from revenue the commission collects from an accommodations tax. (10) (a) If the fairpark district imposes, repeals, or changes the rate of an accommodations tax, the implementation, repeal, or change takes effect: (i) on the first day of a calendar quarter; and (ii) after a 90-day period beginning on the date the State Tax Commission receives the notice described in Subsection (10)(b) from the fairpark district. (b) The notice required in Subsection (10)(a)(ii) shall state: (i) that the fairpark district will impose, repeal, or change the rate of an accommodations tax; (ii) the effective date of the implementation, repeal, or change of the accommodations tax; and (iii) the rate of the accommodations tax. (11) In addition to the uses permitted under Section 11-70-207, the fairpark district may allocate revenue from an accommodations tax to a county in which a place of accommodation that is subject to the accommodations tax is located, if: (a) the county had a transient room tax described in Section 59-12-301 in effect at the time the fairpark district board imposed an accommodations tax; and (b) the revenue replaces revenue that the county received from a county transient room tax described in Section 59-12-301 for the county's general operations and administrative expenses.
Utah Code § 11-14-101 — Utah Code / Title 11 / Chapter 11-14 / § 11-14-101
§ 11-14-101. Title.
Status: in_force

This chapter is known as the "Local Government Bonding Act."
Utah Code § 11-51a-102 — Utah Code / Title 11 / Chapter 11-51a / § 11-51a-102
§ 11-51a-102. Definitions.
Status: in_force

As used in this chapter: (1) "Catastrophic public nuisance" means a condition on state or federal land where natural resources and biota have been managed or neglected to such an extent as to cause: (a) the threat of a catastrophic wildfire demonstrated by: (i) stand density, basal area, or ground fuel load greater than 150% of land health standards; or (ii) an insect or disease infestation severe enough to threaten the mortality of at least 20% of the trees in the area; or (b) a condition in the area that threatens the: (i) quantity or quality of the public water supply of a political subdivision; (ii) health, safety, or welfare of the citizens of a political subdivision; (iii) air quality of a nonattainment area; or (iv) vegetative resources required to support land health and authorized livestock grazing. (2) "Chief executive officer" means: (a) for a municipality: (i) the mayor, if the municipality is operating under a form of municipal government other than the council-manager form of government; or (ii) the city manager, if the municipality is operating under the council-manager form of government; and (b) for a county: (i) the chair of the county commission, if the county is operating under the county commission or expanded county commission form of government; (ii) the county executive officer, if the county is operating under the county-executive form of government; or (iii) the county manager, if the county is operating under the council-manager form of government. (3) "County sheriff" means an individual: (a) elected to the office of county sheriff; and (b) who fulfills the duties described in Section 17-72-201. (4) "Federal agency" means the: (a) United States Bureau of Land Management; (b) United States Forest Service; (c) United States Fish and Wildlife Service; or (d) National Park Service. (5) "Federally managed land" means land that is managed by a federal agency. (6) "Political subdivision" means a municipality or county.
Utah Code § 11-58-205 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-205
§ 11-58-205. Applicability of other law -- Cooperation of state and local governments -- Municipality to consider board input -- Prohibition relating to natural resources -- Inland port as permitted or conditional use -- Municipal services -- Disclosure by nonauthority governing body member -- Services from state agencies -- Procurement policy.
Status: in_force

(1) Except as otherwise provided in this chapter, the authority does not have and may not exercise any powers relating to the regulation of land uses on the authority jurisdictional land. (2) (a) Except as provided in Subsection (2)(b), the authority is subject to and governed by Sections 63E-2-106, 63E-2-107, 63E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed by Title 63E, Independent Entities Code. (b) Notwithstanding Subsection 63E-2-109(2)(c), the executive director may make policies as approved by the board as described in Section 11-58-209. (3) A department, division, or other agency of the state and a political subdivision of the state shall cooperate with the authority to the fullest extent possible to provide whatever support, information, or other assistance the board requests that is reasonably necessary to help the authority fulfill its duties and responsibilities under this chapter. (4) In making decisions affecting the authority jurisdictional land, the legislative body of a municipality in which the authority jurisdictional land is located shall consider input from the authority board. (5) (a) No later than December 31, 2018, the ordinances of a municipality with authority jurisdictional land within its boundary shall allow an inland port as a permitted or conditional use, subject to standards that are: (i) determined by the municipality; and (ii) consistent with the policies and objectives stated in Subsection 11-58-203(1). (b) A municipality whose ordinances do not comply with Subsection (5)(a) within the time prescribed in that subsection shall allow an inland port as a permitted use without regard to any contrary provision in the municipality's land use ordinances. (6) (a) The transporting, unloading, loading, transfer, or temporary storage of natural resources may not be prohibited on the authority jurisdictional land. (b) Notwithstanding a permitted or conditional use allowed under applicable municipal ordinances, contaminated land may not be used for a distribution center unless the contaminated land is owned by a private landowner. (7) (a) A municipality whose boundary includes authority jurisdictional land shall provide the same municipal services to the area of the municipality that is within the authority jurisdictional land as the municipality provides to other areas of the municipality with similar zoning and a similar development level. (b) The level and quality of municipal services that a municipality provides within authority jurisdictional land shall be fairly and reasonably consistent with the level and quality of municipal services that the municipality provides to other areas of the municipality with similar zoning and a similar development level. (8) (a) As used in this Subsection (8): (i) "Direct financial benefit" means the same as that term is defined in Section 11-58-304. (ii) "Nonauthority governing body member" means a member of the board or other body that has authority to make decisions for a nonauthority government owner. (iii) "Nonauthority government owner" mean a state agency or nonauthority local government entity that owns land that is part of the authority jurisdictional land. (iv) "Nonauthority local government entity": (A) means a county, city, town, special district, special service district, community reinvestment agency, or other political subdivision of the state; and (B) excludes the authority. (v) "State agency" means a department, division, or other agency or instrumentality of the state, including an independent state agency. (b) A nonauthority governing body member who owns or has a financial interest in land that is part of the authority jurisdictional land or who reasonably expects to receive a direct financial benefit from development of authority jurisdictional land shall submit a written disclosure to the authority board and the nonauthority government owner. (c) A written disclosure under Subsection (8)(b) shall describe, as applicable: (i) the nonauthority governing body member's ownership or financial interest in property that is part of the authority jurisdictional land; and (ii) the direct financial benefit the nonauthority governing body member expects to receive from development of authority jurisdictional land. (d) A nonauthority governing body member required under Subsection (8)(b) to submit a written disclosure shall submit the disclosure no later than 30 days after: (i) the nonauthority governing body member: (A) acquires an ownership or financial interest in property that is part of the authority jurisdictional land; or (B) first knows that the nonauthority governing body member expects to receive a direct financial benefit from the development of authority jurisdictional land; or (ii) the effective date of this Subsection (8), if that date is later than the period described in Subsection (8)(d)(i). (e) A written disclosure submitted under this Subsection (8) is a public record. (9) (a) The authority may request and, upon request, shall receive: (i) fuel dispensing and motor pool services provided by the Division of Fleet Operations; (ii) surplus property services provided by the Division of Purchasing and General Services; (iii) information technology services provided by the Division of Technology Services; (iv) archive services provided by the Division of Archives and Records Service; (v) financial services provided by the Division of Finance; (vi) human resources services provided by the Division of Human Resource Management; (vii) legal services provided by the Office of the Attorney General; and (viii) banking services provided by the Office of the State Treasurer. (b) Nothing in Subsection (9)(a) may be construed to relieve the authority of the obligation to pay the applicable fee for the service provided. (10) (a) To govern authority procurements, the board shall adopt a procurement policy that the board determines to be substantially consistent with applicable provisions of Title 63G, Chapter 6a, Utah Procurement Code. (b) The board may delegate to the executive director the responsibility to adopt a procurement policy. (c) The board's determination under Subsection (10)(a) of substantial consistency is final and conclusive.
Utah Code § 11-13-309 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-309
§ 11-13-309. Venue for civil action -- No trial de novo.
Status: in_force

(1) (a) A person may bring a civil action seeking to challenge, enforce, or otherwise have reviewed, any order of the board, or any alleviation contract. (2) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if a person brings an action described in Subsection (1)(a) in the district court, the person shall bring the action in: (a) the county in which the candidate, to which the order or contract pertains, is located; or (b) Salt Lake County if the candidate is the state of Utah. (3) Any action brought in any judicial district shall be ordered transferred to the court where venue is proper under this section. (4) In any civil action seeking to challenge, enforce, or otherwise review, any order of the board, a trial de novo may not be held. (5) The matter shall be considered on the record compiled before the board, and the findings of fact made by the board may not be set aside by the court unless the board clearly abused its discretion.
Utah Code § 11-63-401 — Utah Code / Title 11 / Chapter 11-63 / § 11-63-401
§ 11-63-401. Annual certification to local regulating authority.
Status: in_force

(1) A trampoline park operator shall provide the certifications described in Subsection (2): (a) at the time a trampoline park operator applies to a local regulating authority to renew a business license to operate a trampoline park; and (b) if the term of the license described in Subsection (1)(a) exceeds one year, at least once per calendar year. (2) In accordance with Subsection (1), a trampoline park operator shall certify compliance with this chapter by submitting to the local regulating authority: (a) an inspection certificate described in Subsection 11-63-402(3); and (b) the certification of insurance described in Subsection 11-63-501(2).
Utah Code § 11-13-524 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-524
§ 11-13-524. Operating and capital budgets for proprietary funds.
Status: in_force

(1) (a) As used in this section, "operating and capital budget" means a plan of financial operation for a proprietary or other required special fund, including estimates of operating and capital revenues and expenses for the budget year. (b) Except as otherwise expressly provided in this section, the other provisions of this part governing budgets and fiscal procedures and controls do not apply to the operating and capital budgets provided for in this section. (2) Subject to Subsection (3), the governing board shall adopt for the ensuing budget year an operating and capital budget for each proprietary fund and shall adopt the type of budget for other special funds, if applicable, under generally accepted accounting principles. (3) Operating and capital budgets shall be adopted and administered in the following manner: (a) On or before the first regularly scheduled meeting of the governing board, in November for a calendar year entity or May for a fiscal year entity, the budget officer shall prepare for the ensuing fiscal year, and file with the governing board, a tentative operating and capital budget for each proprietary fund and for other required special funds, together with any supporting data required by the board. (b) The governing board: (i) shall adopt the tentative operating and capital budget in a regular meeting or special meeting called for that purpose; and (ii) may amend or revise the tentative operating and capital budget in any manner that the board considers advisable prior to a public hearing. (c) The governing board shall comply with the notice and hearing requirements of Subsection (3) and Sections 11-13-509 through 11-13-511 in approving a final operating and capital budget. (d) If the tentative operating and capital budget approved by the governing board for a proprietary fund includes appropriations that are not reasonable allocations of costs between funds or that provide funds to a member without consideration, the governing board shall, at least seven days before the day of the hearing, mail to each interlocal entity customer, a written notice stating: (i) the date, time, and place of the operating and capital budget hearing; and (ii) the purpose of the operating and capital budget hearing, including: (A) the enterprise fund from which money is being transferred; (B) the amount being transferred; and (C) the fund or member to which the money is being transferred. (e) (i) The governing board shall adopt an operating and capital budget for each proprietary fund for the ensuing fiscal year before the beginning of each fiscal year. (ii) A copy of the operating and capital budget as finally adopted for each proprietary fund shall be: (A) filed in the interlocal entity's office and with each member; and (B) available to the public during regular business hours. (iii) The interlocal entity shall also file a copy of the operating and capital budget with the state auditor within 30 days after adoption. (f) (i) Upon final adoption, the operating and capital budget is in effect for the budget year, subject to later amendment. (ii) During the budget year, the governing board may, in any regular meeting or special meeting called for that purpose, review an operating and capital budget for the purpose of determining if the total of the budget should be increased. (iii) If the governing board decides that the operating and capital budget total of one or more proprietary funds should be increased, the board shall follow the procedures established in Section 11-13-525. (4) An interlocal entity shall maintain a proprietary fund or other required special fund in compliance with Sections 11-13-501 through 11-13-505, 11-13-516, 11-13-518, and 11-13-526 through 11-13-532.
Utah Code § 11-58-803 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-803
§ 11-58-803. Port authority reporting.
Status: in_force

(1) (a) On or before November 1 of each year, the authority shall prepare and file a report with the county auditor of each county in which the authority jurisdictional land is located, the State Tax Commission, the State Board of Education, and each taxing entity that levies a tax on property from which the authority collects property tax differential. (b) The requirement of Subsection (1)(a) to file a copy of the report with the state as a taxing entity is met if the authority files a copy with the State Tax Commission and the state auditor. (2) Each report under Subsection (1) shall contain: (a) an estimate of the property tax differential to be paid to the authority for the calendar year ending December 31; and (b) an estimate of the property tax differential to be paid to the authority for the calendar year beginning the next January 1. (3) Before November 30 of each year, the board shall present a report to the Executive Appropriations Committee of the Legislature, as the Executive Appropriations Committee directs, that includes: (a) an accounting of how authority funds have been spent, including funds spent on the environmental sustainability component of the authority business plan under Subsection 11-58-202(1)(a); (b) an update about the progress of the development and implementation of the authority business plan under Subsection 11-58-202(1)(a), including the development and implementation of the environmental sustainability component of the plan; and (c) an explanation of the authority's progress in achieving the policies and objectives described in Subsection 11-58-203(1). (4) The authority shall comply with the requirements described in Title 59, Chapter 36, Tax Increment Financing Reporting.
Utah Code § 11-13-226 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-226
§ 11-13-226. Competitive procurement -- Subject to state procurement code -- Exception.
Status: in_force

(1) The governing board of each interlocal entity shall adopt rules or policies for the competitive public procurement of goods and services required for the operation of the interlocal entity. (2) Subject to Section 11-13-316, an interlocal entity is subject to and shall comply with Title 63G, Chapter 6a, Utah Procurement Code, unless the board rules or policies adopted under Subsection (1) include provisions to: (a) establish a procurement officer of the interlocal entity and define the duties of the procurement officer; (b) define the values of procurement thresholds used to determine the method of procurement the interlocal entity will use based on those thresholds; (c) address small purchases and establish small purchase thresholds and methods applicable to small purchases; (d) establish a procurement method that uses only objective criteria to award a contract to the lowest responsible bidder that submits a responsive bid; (e) establish a procurement method that allows subjective criteria to award a contract to the vendor that submits the highest scoring proposal, including: (i) a selection or evaluation committee of at least three individuals; and (ii) documented independent scoring by the selection or evaluation committee to determine best value; (f) establish a method to allow for the cancellation of a solicitation; (g) establish a method for creating a list of approved, qualified vendors; (h) establish a method to request information before initiating a procurement process; (i) allow the purchase of a procurement item under a state cooperative contract, as defined in Section 63G-6a-103, or another government approved contract that results from a competitive process; (j) establish a procurement appeals process; (k) establish documentation requirements applicable to procurements; (l) establish notice requirements relating to the interlocal entity's issuance of a solicitation; (m) require that a procurement be awarded based on the criteria included in a solicitation; (n) allow for a procurement from a single source under documented and properly noticed conditions; (o) allow for an emergency procurement under documented conditions; (p) prohibit a cost-plus-percentage-of-cost contract and a cost-reimbursement contract, with exceptions similar to exceptions under Subsections 63G-6a-1205(5) and (6); (q) limit the length of a contract, allowing for documented exceptions; (r) require that the total value of the contract over the entire contract period determines the procurement threshold; (s) prohibit dividing a procurement into multiple procurements to avoid an applicable procurement threshold; (t) prohibit the acceptance of bribes, gifts, or other favors from a vendor in exchange for favorable treatment on a procurement; (u) describe bond requirements for a construction contract; and (v) establish standard terms and conditions for a contract with the interlocal entity.
Utah Code § 11-62-101 — Utah Code / Title 11 / Chapter 11-62 / § 11-62-101
§ 11-62-101. Title.
Status: in_force

This chapter is known as the "Imposition of Fines by a County, City, or Town."
Utah Code § 11-42-204 — Utah Code / Title 11 / Chapter 11-42 / § 11-42-204
§ 11-42-204. Hearing.
Status: in_force

(1) On the date and at the time and place specified in the notice under Section 11-42-202, the governing body shall hold a public hearing. (2) (a) The governing body: (i) subject to Subsection (2)(a)(ii), may continue the public hearing from time to time to a fixed future date and time; and (ii) may not hold a public hearing that is a continuance less than five days before the deadline for filing protests described in Section 11-42-203. (b) The continuance of a public hearing does not restart or extend the protest period described in Subsection 11-42-203(1). (3) At the public hearing, the governing body shall hear all: (a) objections to the designation of the proposed assessment area or the improvements proposed to be provided in the assessment area; (b) objections to whether the assessment will meet the requirements of Section 11-42-409; (c) objections to the inclusion within the assessment area of an unassessed benefitted government property, the benefit for which the other assessed properties will collectively pay; and (d) persons desiring to be heard.
Utah Code § 11-45-205 — Utah Code / Title 11 / Chapter 11-45 / § 11-45-205
§ 11-45-205. Approval of loan.
Status: in_force

(1) In approving a loan, the office shall: (a) review the loan application, plans, and specifications for the project; (b) determine whether or not to grant the loan by applying the office's eligibility criteria; and (c) if the loan is granted, prioritize the energy efficiency project by applying the office's priority criteria. (2) The office may provide conditions on a loan to ensure that: (a) the proceeds of the loan will be used to pay the cost of the project; and (b) the project will be completed.
Utah Code § 11-46-206 — Utah Code / Title 11 / Chapter 11-46 / § 11-46-206
§ 11-46-206. Sterilization deposit -- When required for redemption by owner of impounded animal.
Status: in_force

(1) Upon the second impound within a 12-month period and upon any subsequent impound of an animal that is claimed by its owner, an animal shelter may release the impounded animal to its owner only upon payment of all impound fees required by the shelter and: (a) receipt of proof the animal has been sterilized; or (b) a sterilization deposit. (2) The sterilization deposit shall be refunded to the owner only if the owner provides proof of sterilization to the animal shelter within 30 days of release of the animal to the owner.
Utah Code § 11-63-305 — Utah Code / Title 11 / Chapter 11-63 / § 11-63-305
§ 11-63-305. Reporting of injuries -- Emergency response plan.
Status: in_force

(1) An operator shall develop, implement, and follow an in-house injury reporting system and emergency response plan for injuries. (2) The operator shall retain any records related to the injury reporting system and emergency response plan described in Subsection (1). (3) The operator shall make available to the Department of Health or the local health department, upon request: (a) the information contained in the injury reporting system described in Subsection (1); and (b) the records described in Subsection (2).
Utah Code § 11-27-3 — Utah Code / Title 11 / Chapter 11-27 / § 11-27-3
§ 11-27-3. Action by resolution of governing body -- Purposes for bond issue -- Exchange or sale -- Interest rate limitations inapplicable -- Principal amount -- Investment of proceeds -- Safekeeping and application of proceeds -- Computing indebtedness -- Payment of bonds -- Combination issues -- Laws applicable to issuance -- Payment from taxes or pledged revenues.
Status: in_force

(1) Any formal action taken by the governing body of a public body under the authority of this chapter may be taken by resolution of that governing body. (2) (a) The governing body of any public body may by resolution provide for the issuance of refunding bonds to refund outstanding bonds issued by the public body or its predecessor, either prior to or after the effective date of this chapter, only: (i) to pay or discharge all or any part of any outstanding series or issue of bonds, including applicable interest, in arrears or about to become due and for which sufficient funds are not available; (ii) to achieve a savings; or (iii) to achieve another objective that the governing body finds to be beneficial to the public body. (b) Any refunding bonds may be delivered in exchange for the outstanding bonds being refunded or may be sold in a manner, at terms, with details, and at a price above, at, or below par as the governing body determines advisable. The refunding bonds may be issued without an election, unless an election is required by the Utah Constitution. (c) The governing body may, by resolution, delegate to one or more officers of the local political subdivision the authority to: (i) in accordance with and within the parameters set forth in the resolution, approve the final interest rate or rates, price, principal amount, maturity or maturities, redemption features, and other terms of the bond; and (ii) approve and execute all documents relating to the issuance of a bond. (d) It is the express intention of the Legislature that interest rate limitations elsewhere appearing in the laws of the state not apply to nor limit the rates of interest borne by refunding bonds. (3) Advance refunding bonds may be issued in a principal amount in excess of the principal amount of the bonds to be refunded as determined by the governing body. This amount may be equal to the full amount required to pay the principal of, interest on, and redemption premiums, if any, due in connection with the bonds to be refunded to and including their dates of maturity or redemption in accordance with the advance refunding plan adopted by the governing body, together with all costs incurred in accomplishing this refunding. The principal amount of refunding bonds may be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for the retirement or redemption of the bonds to be refunded. Any reserves held or taxes levied or collected to secure the bonds to be refunded may be applied to the redemption or retirement of the bonds, or otherwise, as the governing body may determine. (4) Prior to the application of the proceeds derived from the sale of advance refunding bonds to the purposes for which the bonds have been issued, these proceeds, together with any other legally available funds, including reserve funds, may be invested and reinvested only in government obligations maturing at such times as may be required to provide funds sufficient to pay principal of, interest on, and redemption premiums, if any, due in connection with the bonds to be refunded or the advance refunding bonds, or both, in accordance with the advance refunding plan. To the extent incidental expenses have been capitalized, these bond proceeds may be used to defray these expenses. (5) The governing body may contract regarding the safekeeping and application of the proceeds of sale of advance refunding bonds and other funds included with them and the income from them, including the right to appoint a trustee, which may be any trust company or state or national bank having powers of a trust company inside or outside the state. The governing body may provide in the advance refunding plan that until such money is required to redeem or retire the bonds to be refunded, the advance refunding bond proceeds and other funds, and the income from them, shall be used to pay and secure payment of principal of, interest on, and redemption premiums, if any, due in connection with all or a portion of the advance refunding bonds or the bonds being refunded, or both. (6) In computing indebtedness for the purpose of any applicable constitutional or statutory debt limitation, there shall be deducted from the amount of outstanding indebtedness the principal amount of outstanding general obligation bonds for the payment of which there has been dedicated and deposited in escrow government obligations, the principal of or interest on which, or both, will be sufficient to provide for the payment of these general obligation bonds as to principal, interest, and redemption premiums, if any, when due at maturity or upon some earlier date upon which the bonds have been called for redemption in accordance with their terms. (7) When a public body has irrevocably set aside for and pledged to the payment of bonds to be refunded proceeds of advance refunding bonds and other money in amounts which, together with known earned income from their investment, will be sufficient in amount to pay the principal of, interest on, and any redemption premiums due on the bonds to be refunded as the same become due and to accomplish the refunding as scheduled, the refunded bonds shall be considered duly paid and discharged for the purpose of any applicable constitutional or statutory debt limitation. (8) Refunding bonds and bonds issued for any other purpose may be issued separately or issued in combination in one or more series or issues by the same issuer. (9) Except as specifically provided in this section, refunding bonds issued under this chapter shall be issued in accordance with the provisions of law applicable to the type of bonds of the issuer being refunded in effect either at the time of the issuance of the refunding bonds or at the time of issuance of the bonds to be refunded. Refunding bonds and coupons, if any, pertaining to them may bear facsimile signatures as provided in Section 11-14-304. (10) Refunding bonds may be made payable from any taxes or pledged revenues, or both, or any assessments, special improvement guaranty funds, or other funds which might be legally pledged for the payment of the bonds to be refunded at the time of the issuance of the refunding bonds or at the time of the issuance of the bonds to be refunded, as the governing body may determine.
Utah Code § 11-32-8 — Utah Code / Title 11 / Chapter 11-32 / § 11-32-8
§ 11-32-8. Dissolution of financing authority.
Status: in_force

(1) The governing body of a county may at any time dissolve a financing authority created by the county in the manner then provided in Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, subject to the limitations of this chapter. (2) A financing authority may not be dissolved unless all outstanding bonds and other obligations of the authority are paid in full as to principal, interest, and redemption premiums, if any, or unless provision for the payment of them when due has been made. (3) Upon the dissolution of a financing authority all assets and money of the authority remaining after a provision has been made for the payment of all outstanding bonds and obligations of the authority shall be transferred to the participant members as described in Section 11-32-15 or as agreed upon between the county and the other participant members.
Utah Code § 11-42a-102 — Utah Code / Title 11 / Chapter 11-42a / § 11-42a-102
§ 11-42a-102. Definitions.
Status: in_force

(1) "Air quality standards" means that a vehicle's emissions are equal to or cleaner than the standards established in bin 4 Table S04-1, of 40 C.F.R. 86.1811-04(c)(6). (2) (a) "Assessment" means the assessment that a local entity or the C-PACE district levies on private property under this chapter to cover the costs of an energy efficiency upgrade, a clean energy system, or an electric vehicle charging infrastructure. (b) "Assessment" does not constitute a property tax but shares the same priority lien as a property tax. (3) "Assessment fund" means a special fund that a local entity establishes under Section 11-42a-206. (4) "Benefitted property" means private property within an energy assessment area that directly benefits from improvements. (5) "Bond" means an assessment bond and a refunding assessment bond. (6) (a) "Clean energy system" means an energy system that: (i) produces energy from clean resources, including: (A) a photovoltaic system; (B) a solar thermal system; (C) a wind system; (D) a geothermal system, including a generation system, a direct-use system, or a ground source heat pump system; (E) a micro-hydro system; (F) a biofuel system; (G) energy derived from nuclear fuel; or (H) any other clean source system that the governing body of the local entity approves; or (ii) stores energy, including: (A) a battery storage system; or (B) any other energy storing system that the governing body or chief executive officer of a local entity approves. (b) "Clean energy system" includes any improvement that relates physically or functionally to any of the products, systems, or devices listed in Subsection (6)(a)(i) or (ii). (c) "Clean energy system" does not include a system described in Subsection (6)(a)(i) if the system provides energy to property outside the energy assessment area, unless the system: (i) (A) existed before the creation of the energy assessment area; and (B) beginning before January 1, 2017, provides energy to property outside of the area that became the energy assessment area; (ii) provides energy to property outside the energy assessment area under an agreement with a public electrical utility that is substantially similar to agreements for other renewable energy systems that are not funded under this chapter; or (iii) is a biofuel system. (7) (a) "Commercial or industrial real property" means private real property used directly or indirectly or held for one of the following purposes or activities, regardless of whether the purpose or activity is for profit: (i) commercial; (ii) mining; (iii) agricultural; (iv) industrial; (v) manufacturing; (vi) trade; (vii) professional; (viii) a private or public club; (ix) a lodge; (x) a business; or (xi) a similar purpose. (b) "Commercial or industrial real property" includes: (i) private real property that is used as or held for dwelling purposes and contains: (A) more than four rental units; or (B) one or more owner-occupied or rental condominium units affiliated with a hotel; and (ii) real property owned by: (A) the military installation development authority, created in Section 63H-1-201; or (B) the Utah Inland Port Authority, created in Section 11-58-201. (8) "Contract price" means: (a) up to 100% of the cost of installing, acquiring, refinancing, or reimbursing for an improvement, as determined by the owner of the property benefitting from the improvement; or (b) the amount payable to one or more contractors for the assessment, design, engineering, inspection, and construction of an improvement. (9) "C-PACE" means commercial property assessed clean energy. (10) "C-PACE district" means the statewide authority established in Section 11-42a-106 to implement the C-PACE Act in collaboration with governing bodies, under the direction of OED. (11) "Electric vehicle charging infrastructure" means equipment that is: (a) permanently affixed to commercial or industrial real property; and (b) designed to deliver electric energy to a qualifying electric vehicle or a qualifying plug-in hybrid vehicle. (12) "Energy assessment area" means an area: (a) within the jurisdictional boundaries of a local entity that approves an energy assessment area or, if the C-PACE district or a state interlocal entity levies the assessment, the C-PACE district or the state interlocal entity; (b) containing only the commercial or industrial real property of owners who have voluntarily consented to an assessment under this chapter for the purpose of financing the costs of improvements that benefit property within the energy assessment area; and (c) in which the proposed benefitted properties in the area are: (i) contiguous; or (ii) located on one or more contiguous or adjacent tracts of land that would be contiguous or adjacent property but for an intervening right-of-way, including a sidewalk, street, road, fixed guideway, or waterway. (13) "Energy assessment bond" means a bond: (a) issued under Section 11-42a-401; and (b) payable in part or in whole from assessments levied in an energy assessment area. (14) "Energy assessment lien" means a lien on property within an energy assessment area that arises from the levy of an assessment in accordance with Section 11-42a-301. (15) "Energy assessment ordinance" means an ordinance that a local entity adopts under Section 11-42a-201 that: (a) designates an energy assessment area; (b) levies an assessment on benefitted property within the energy assessment area; and (c) if applicable, authorizes the issuance of energy assessment bonds. (16) "Energy assessment resolution" means one or more resolutions adopted by a local entity under Section 11-42a-201 that: (a) designates an energy assessment area; (b) levies an assessment on benefitted property within the energy assessment area; and (c) if applicable, authorizes the issuance of energy assessment bonds. (17) "Energy efficiency upgrade" means an improvement that is: (a) permanently affixed to commercial or industrial real property; and (b) designed to reduce energy or water consumption, including: (i) insulation in: (A) a wall, roof, floor, or foundation; or (B) a heating and cooling distribution system; (ii) a window or door, including: (A) a storm window or door; (B) a multiglazed window or door; (C) a heat-absorbing window or door; (D) a heat-reflective glazed and coated window or door; (E) additional window or door glazing; (F) a window or door with reduced glass area; or (G) other window or door modifications; (iii) an automatic energy control system; (iv) in a building or a central plant, a heating, ventilation, or air conditioning and distribution system; (v) caulk or weatherstripping; (vi) a light fixture that does not increase the overall illumination of a building, unless an increase is necessary to conform with the applicable building code; (vii) an energy recovery system; (viii) a daylighting system; (ix) measures to reduce the consumption of water, through conservation or more efficient use of water, including installation of: (A) low-flow toilets and showerheads; (B) timer or timing systems for a hot water heater; or (C) rain catchment systems; (x) a modified, installed, or remodeled fixture that is approved as a utility cost-saving measure by the governing body or executive of a local entity; (xi) measures or other improvements to effect seismic upgrades; (xii) structures, measures, or other improvements to provide automated parking or parking that reduces land use; (xiii) the extension of an existing natural gas distribution company line; (xiv) an energy efficient elevator, escalator, or other vertical transport device; (xv) any other improvement that the governing body or executive of a local entity approves as an energy efficiency upgrade; or (xvi) any improvement that relates physically or functionally to any of the improvements listed in Subsections (17)(b)(i) through (xv). (18) "Energy system" means a product, system, device, or interacting group of devices that: (a) produces or stores energy; and (b) is permanently affixed to commercial or industrial real property not located in the certified service area of a distribution electrical cooperative, as defined in Section 54-2-1. (19) "Governing body" means: (a) for a county, city, or town, the legislative body of the county, city, or town; (b) for a special district, the board of trustees of the special district; (c) for a special service district: (i) if no administrative control board has been appointed under Section 17D-1-301, the legislative body of the county, city, town, or metro township that established the special service district; or (ii) if an administrative control board has been appointed under Section 17D-1-301, the administrative control board of the special service district; (d) for a public infrastructure district, the board of the public infrastructure district; (e) for the military installation development authority created in Section 63H-1-201, the board, as that term is defined in Section 63H-1-102; and (f) for the Utah Inland Port Authority, created in Section 11-58-201, the board, as defined in Section 11-58-102. (20) "Improvement" means a publicly or privately owned energy efficiency upgrade, clean energy system, or electric vehicle charging infrastructure that: (a) a property owner has requested; or (b) has been or is being installed on a property for the benefit of the property owner. (21) "Incidental refunding costs" means any costs of issuing a refunding assessment bond and calling, retiring, or paying prior bonds, including: (a) legal and accounting fees; (b) charges of financial advisors, escrow agents, certified public accountant verification entities, and trustees; (c) underwriting discount costs, printing costs, and the costs of giving notice; (d) any premium necessary in the calling or retiring of prior bonds; (e) fees to be paid to the local entity to issue the refunding assessment bond and to refund the outstanding prior bonds; (f) any other costs that the governing body determines are necessary and proper to incur in connection with the issuance of a refunding assessment bond; and (g) any interest on the prior bonds that is required to be paid in connection with the issuance of the refunding assessment bond. (22) "Installment payment date" means the date on which an installment payment of an assessment is payable. (23) "Jurisdictional boundaries" means: (a) for the C-PACE district or any state interlocal entity, the boundaries of the state; and (b) for each local entity, the boundaries of the local entity. (24) (a) "Local entity" means: (i) a county, city, or town; (ii) a special service district, a special district, or an interlocal entity as that term is defined in Section 11-13-103; (iii) a public infrastructure district, created under Title 17D, Chapter 4, Public Infrastructure District Act; (iv) a state interlocal entity; (v) the military installation development authority, created in Section 63H-1-201; (vi) the Utah Inland Port Authority, created in Section 11-58-201; or (vii) any political subdivision of the state. (b) "Local entity" includes the C-PACE district solely in connection with: (i) the designation of an energy assessment area; (ii) the levying of an assessment; and (iii) the assignment of an energy assessment lien to a third-party lender under Section 11-42a-302. (25) "Local entity obligations" means energy assessment bonds and refunding assessment bonds that a local entity issues. (26) "OED" means the Office of Energy Development created in Section 79-6-401. (27) "OEM vehicle" means the same as that term is defined in Section 19-1-402. (28) "Overhead costs" means the actual costs incurred or the estimated costs to be incurred in connection with an energy assessment area, including: (a) appraisals, legal fees, filing fees, facilitation fees, and financial advisory charges; (b) underwriting fees, placement fees, escrow fees, trustee fees, and paying agent fees; (c) publishing and mailing costs; (d) costs of levying an assessment; (e) recording costs; and (f) all other incidental costs. (29) "Parameters resolution" means a resolution or ordinance that a local entity adopts in accordance with Section 11-42a-201. (30) "Prior bonds" means the energy assessment bonds refunded in part or in whole by a refunding assessment bond. (31) "Prior energy assessment ordinance" means the ordinance levying the assessments from which the prior bonds are payable. (32) "Prior energy assessment resolution" means the resolution levying the assessments from which the prior bonds are payable. (33) "Property" includes real property and any interest in real property, including water rights and leasehold rights. (34) "Public electrical utility" means a large-scale electric utility as that term is defined in Section 54-2-1. (35) "Qualifying electric vehicle" means a vehicle that: (a) meets air quality standards; (b) is not fueled by natural gas; (c) draws propulsion energy from a battery with at least 10 kilowatt hours of capacity; and (d) is an OEM vehicle except that the vehicle is fueled by a fuel described in Subsection (35)(c). (36) "Qualifying plug-in hybrid vehicle" means a vehicle that: (a) meets air quality standards; (b) is not fueled by natural gas or propane; (c) has a battery capacity that meets or exceeds the battery capacity described in Subsection 30D(b)(3), Internal Revenue Code; and (d) is fueled by a combination of electricity and: (i) diesel fuel; (ii) gasoline; or (iii) a mixture of gasoline and ethanol. (37) "Reduced payment obligation" means the full obligation of an owner of property within an energy assessment area to pay an assessment levied on the property after the local entity has reduced the assessment because of the issuance of a refunding assessment bond, in accordance with Section 11-42a-403. (38) "Refunding assessment bond" means an assessment bond that a local entity issues under Section 11-42a-403 to refund, in part or in whole, energy assessment bonds. (39) "Special district" means a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts. (40) "Special service district" means the same as that term is defined in Section 17D-1-102. (41) "State interlocal entity" means: (a) an interlocal entity created under Chapter 13, Interlocal Cooperation Act, by two or more counties, cities, or towns that collectively represent at least a majority of the state's population; or (b) an entity that another state authorized, before January 1, 2017, to issue bonds, notes, or other obligations or refunding obligations to finance or refinance projects in the state. (42) "Third-party lender" means a trust company, savings bank, savings and loan association, bank, credit union, or any other entity that provides loans directly to property owners for improvements authorized under this chapter.
Utah Code § 11-58-303 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-303
§ 11-58-303. Term of board members -- Quorum -- Compensation.
Status: in_force

(1) The term of a board member appointed under Subsection 11-58-302(2) is four years, except that the initial term of two of the three members appointed under Subsection 11-58-302(2)(a) is two years. (2) Each board member shall serve until a successor is duly appointed and qualified. (3) A board member may serve multiple terms if duly appointed to serve each term under Subsection 11-58-302(2). (4) A majority of voting members constitutes a quorum, and the action of a majority of voting members constitutes action of the board. (5) (a) A board member who is not a legislator may not receive compensation or benefits for the member's service on the board, but may receive per diem and reimbursement for travel expenses incurred as a board member as allowed in: (i) Sections 63A-3-106 and 63A-3-107; and (ii) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107. (b) Compensation and expenses of a board member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.