reglab/statecodes huggingface dataset:
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 8 - Sewage and Culinary Water Systems › Section 4 - Sewer lateral disclosure required.

Effective 5/9/2017
11-8-4.
Sewer lateral disclosure required.
(1) As used in this section:
(a) "Public owner" means the same as that term is defined in Section 11-8-1.
(b) "Public provider" means a public owner or a public retail water provider.
(c) "Public retail water provider" means a public entity that provides culinary water to end users.
(d) "Retail water line" means a pipe that connects a property to a public retail water provider's water main line.
(e) "Sanitary sewer service" means service provided by a public owner's sanitary sewer facilities.
(f) "Sewer lateral" means a pipe that connects a property to a public owner's sanitary sewer main line.
(2)
(a) Twice per calendar year, a public provider shall, in accordance with Subsection (2)(b), distribute a disclosure that:
(i)
(A) for a public owner, includes the definition of a sewer lateral; or
(B) for a public retail water provider, includes the definition of a retail water line; and
(ii) states whether the record owner of the property or the public provider is responsible for repair and replacement of the sewer lateral or retail water line that serves the property.
(b) A public provider may distribute the disclosure described in Subsection (2)(a) by:
(i) twice per calendar year conspicuously placing the disclosure:
(A) on each bill for sanitary sewer service or culinary water service in a particular billing cycle; or
(B) in a newsletter that is circulated within the boundaries of the area served by the public provider;
(ii) conspicuously placing the disclosure on the public provider's website;
(iii) including the disclosure in a broad based social media campaign; or
(iv) any other means reasonably calculated to make the disclosure available to individuals served by the public provider.
(c) A public provider's failure to comply with a provision of this Subsection (2) does not result in any liability for the public provider based on the public provider's failure to comply.
Amended by Chapter 102, 2017 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 10 - Business Allowing Consumption of Liquor on Premises › Section 1 - Business license required -- Authorization for issuance, denial, suspension, or revocation by local authority.

Effective 5/9/2017
11-10-1.
Business license required -- Authorization for issuance, denial, suspension, or revocation by local authority.
(1) As used in this chapter, the following have the meaning set forth in Section 32B-1-102:
(a) "alcoholic product";
(b) "bar establishment license";
(c) "local authority"; and
(d) "restaurant."
(2) A person may not operate an association, a restaurant, a bar, or a business similar to a business operated under a bar establishment license, or other similar business that allows a person to possess or consume an alcoholic product on the premises of the association, restaurant, bar, or similar business premises without a business license.
(3)
(a) A local authority may issue a business license to a person who owns or operates an association, restaurant, bar, or similar business that allows a person to hold, store, possess, or consume an alcoholic product on the premises.
(b) A business license issued under this Subsection (3) does not permit a person to hold, store, possess, or consume an alcoholic product on the premises other than as provided in Title 32B, Alcoholic Beverage Control Act.
(4) A local authority may suspend or revoke a business license for a violation of Title 32B, Alcoholic Beverage Control Act.
(5) A local authority shall set policy by written rules that establish criteria and procedures for granting, denying, suspending, or revoking a business license issued under this chapter.
(6) A business license issued under this section does not constitute written consent of the local authority within the meaning of Title 32B, Alcoholic Beverage Control Act.
Amended by Chapter 455, 2017 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 10 - Business Allowing Consumption of Liquor on Premises › Section 2 - Qualifications of licensee.

Effective 5/9/2017
11-10-2.
Qualifications of licensee.
(1) A license may not be granted:
(a) unless the licensee is of good moral character, over the age of 21 years, and lawfully present in the United States;
(b) to anyone who has been convicted of a felony or misdemeanor involving moral turpitude;
(c) to any partnership or association, any member of which lacks any of the qualifications set out in this section; or
(d) to any corporation, if any of its directors or officers lacks any qualification set out in this section.
(2) The local authority shall, before issuing licenses, satisfy itself by written evidence executed by the applicant that the applicant meets the standards set forth.
Amended by Chapter 455, 2017 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 10 - Business Allowing Consumption of Liquor on Premises › Section 4 - Ordinances making it unlawful to operate without license.

11-10-4.
Ordinances making it unlawful to operate without license.
Each local authority granting licenses under this chapter may adopt ordinances making it unlawful to operate such establishments without being licensed.
Amended by Chapter 23, 1990 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 1 - General Provisions › Section 102 - Purpose of chapter.

11-13-102.
Purpose of chapter.
The purpose of this chapter is:
(1) to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and under forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and
(2) to provide the benefit of economy of scale, economic development, and utilization of natural resources for the overall promotion of the general welfare of the state.
Renumbered and Amended by Chapter 286, 2002 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 201 - Joint exercise of power, privilege, or authority by public agencies -- Relationship to the Municipal Cable Television and Public Telecommunications Services Act.

Effective 5/12/2015
11-13-201.
Joint exercise of power, privilege, or authority by public agencies -- Relationship to the Municipal Cable Television and Public Telecommunications Services Act.
(1)
(a) Any power, privilege, or authority exercised or capable of exercise by a Utah public agency may be exercised and enjoyed jointly with any other Utah public agency having the same power, privilege, or authority, in a manner consistent with the provisions of this chapter, and jointly with any out-of-state public agency to the extent that the laws governing the out-of-state public agency permit such joint exercise or enjoyment.
(b) Any agency of the state government when acting jointly with any public agency may exercise and enjoy all of the powers, privileges, and authority conferred by this chapter upon a public agency.
(2) This chapter may not enlarge or expand the authority of a public agency not authorized to offer and provide cable television services and public telecommunications services under Title 10, Chapter 18, Municipal Cable Television and Public Telecommunications Services Act, to offer or provide cable television services and public telecommunications services.
Amended by Chapter 265, 2015 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 202.5 - Approval of certain agreements -- Review by attorney.

Effective 5/10/2016
11-13-202.5.
Approval of certain agreements -- Review by attorney.
(1) Each agreement under Section 11-13-202 and each agreement under Section 11-13-212 shall be approved by:
(a) except as provided in Subsections (1)(b) and (c), the commission, board, council, or other body or officer vested with the executive power of the public agency;
(b) the legislative body of the public agency if the agreement:
(i) requires the public agency to adjust its budget for a current or future fiscal year;
(ii) includes an out-of-state public agency as a party;
(iii) provides for the public agency to acquire or construct:
(A) a facility; or
(B) an improvement to real property;
(iv) provides for the public agency to acquire or transfer title to real property;
(v) provides for the public agency to issue bonds;
(vi) creates an interlocal entity; or
(vii) provides for the public agency to share taxes or other revenues; or
(c) if the public agency is a public agency under Subsection 11-13-103(19)(b), the director or other head of the applicable state department, division, or agency.
(2) If an agreement is required under Subsection (1) to be approved by the public agency's legislative body, the resolution or ordinance approving the agreement shall:
(a) specify the effective date of the agreement; and
(b) if the agreement creates an interlocal entity:
(i) declare that it is the legislative body's intent to create an interlocal entity;
(ii) describe the public purposes for which the interlocal entity is created; and
(iii) describe the powers, duties, and functions of the interlocal entity.
(3) The officer or body required under Subsection (1) to approve an agreement shall, before the agreement may take effect, submit the agreement to the attorney authorized to represent the public agency for review as to proper form and compliance with applicable law.
Amended by Chapter 382, 2016 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 203.5 - Powers, immunities, and privileges of law enforcement officers under an agreement for law enforcement -- Requirements for out-of-state officers.

Effective 5/3/2023
11-13-203.5.
Powers, immunities, and privileges of law enforcement officers under an agreement for law enforcement -- Requirements for out-of-state officers.
(1) While performing duties under an agreement for law enforcement services under Subsection 11-13-202(1)(d), whether inside or outside the law enforcement officer's own jurisdiction, each law enforcement officer shall possess:
(a) all law enforcement powers that the officer possesses within the officer's own jurisdiction, including the power to arrest; and
(b) the same immunities and privileges as if the duties were performed within the officer's own jurisdiction.
(2) Except as provided in Subsection (3), an agreement between a public agency in this state and an out-of-state public agency providing for reciprocal law enforcement services under Subsection 11-13-202(1)(d) shall require each individual from the out-of-state public agency assigned to law enforcement duty in this state:
(a) to be certified as a peace officer in the state of the out-of-state public agency; and
(b) to apply to the Peace Officer Standards and Training Council, created in Section 53-6-106, for recognition before undertaking duties in this state under the agreement.
(3) The requirements under Subsection (2)(b) do not apply to an agreement between a public agency of this state and an out-of-state public agency to provide reciprocal law enforcement services under Subsection 11-13-202(1)(d) if the agreement:
(a) only provides for aid or assistance to be given by an out-of-state peace officer to a peace officer of this state:
(i) during an emergency; or
(ii) when aid or assistance is requested by the public agency of this state; and
(b) does not include a provision allowing an out-of-state officer to be regularly assigned to law enforcement duties in this state.
Amended by Chapter 452, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 206 - Requirements for agreements for joint or cooperative action.

Effective 5/8/2018
11-13-206.
Requirements for agreements for joint or cooperative action.
(1) Each agreement under Section 11-13-202, 11-13-203, 11-13-205, or 11-13-227 shall specify:
(a) its duration;
(b) if the agreement creates an interlocal entity:
(i) the precise organization, composition, and nature of the interlocal entity;
(ii) the powers delegated to the interlocal entity;
(iii) the manner in which the interlocal entity is to be governed; and
(iv) subject to Subsection (2), the manner in which the members of its governing board are to be appointed or selected;
(c) its purpose or purposes;
(d) the manner of financing the joint or cooperative action and of establishing and maintaining a budget for it;
(e) the permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;
(f) the process, conditions, and terms for withdrawal of a participating public agency from the interlocal entity or the joint or cooperative undertaking;
(g)
(i) whether voting is based upon one vote per member or weighted; and
(ii) if weighted voting is allowed, the basis upon which the vote weight will be determined; and
(h) any other necessary and proper matters.
(2) Each agreement under Section 11-13-203 or 11-13-205 that creates an interlocal entity shall require that Utah public agencies that are parties to the agreement have the right to appoint or select members of the interlocal entity's governing board with a majority of the voting power.
Amended by Chapter 424, 2018 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 207 - Additional requirements for agreement not establishing interlocal entity.

Effective 5/8/2018
11-13-207.
Additional requirements for agreement not establishing interlocal entity.
(1) If an agreement under Section 11-13-202 or 11-13-227 does not establish an interlocal entity to conduct the joint or cooperative undertaking, the agreement shall, in addition to the items specified in Section 11-13-206, provide for:
(a) the joint or cooperative undertaking to be administered by:
(i) an administrator; or
(ii) a joint board with representation from the public agencies that are parties to the agreement;
(b) the manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking;
(c) the functions to be performed by the joint or cooperative undertaking; and
(d) the powers of the joint administrator.
(2) The creation, operation, governance, and fiscal procedures of a joint or cooperative undertaking are governed by this chapter.
Amended by Chapter 424, 2018 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 208 - Agreement does not relieve public agency of legal obligation or responsibility -- Exception.

Effective 5/12/2015
11-13-208.
Agreement does not relieve public agency of legal obligation or responsibility -- Exception.
(1) Except as provided in Subsection (2), an agreement made under this chapter does not relieve a public agency of an obligation or responsibility imposed upon it by law.
(2) If an obligation or responsibility of a public agency is actually and timely performed by a joint or cooperative undertaking or by an interlocal entity created by an agreement made under this chapter, that performance may be offered in satisfaction of the obligation or responsibility.
Amended by Chapter 265, 2015 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 209 - Filing of agreement.

11-13-209.
Filing of agreement.
An agreement made under this chapter does not take effect until it is filed with the keeper of records of each of the public agencies that are parties to the agreement.
Renumbered and Amended by Chapter 286, 2002 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 210 - Controversies involving agreements between Utah public agencies and out-of-state agencies.

11-13-210.
Controversies involving agreements between Utah public agencies and out-of-state agencies.
(1) In any case or controversy involving the performance or interpretation of or the liability under an agreement entered into under this chapter between or among one or more Utah public agencies and one or more out-of-state public agencies, the public agencies that are parties to the agreement shall be real parties in interest and the state may maintain an action to recoup or otherwise make itself whole for any damages or liabilities which it may incur by reason of being joined as a party to the case or controversy.
(2) An action shall be maintainable against any public agency whose default, failure to perform, or other conduct caused or contributed to the incurring of damage or liability by the state.
Renumbered and Amended by Chapter 286, 2002 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 211 - Public agencies authorized to provide resources to joint or cooperative undertaking or interlocal entity.

Effective 5/12/2015
11-13-211.
Public agencies authorized to provide resources to joint or cooperative undertaking or interlocal entity.
A public agency entering into an agreement under this chapter under which a joint or cooperative undertaking is established or an interlocal entity is created may:
(1) appropriate funds to the joint or cooperative undertaking or interlocal entity;
(2) sell, lease, give, or otherwise supply tangible and intangible property to the joint or cooperative undertaking or interlocal entity; and
(3) provide personnel or services for the joint or cooperative undertaking or interlocal entity as may be within its legal power to furnish.
Amended by Chapter 265, 2015 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 212 - Contracts between public agencies or with interlocal entities to perform services, activities, or undertakings -- Facilities and improvements.

11-13-212.
Contracts between public agencies or with interlocal entities to perform services, activities, or undertakings -- Facilities and improvements.
(1)
(a) Public agencies may contract with each other and one or more public agencies may contract with an interlocal entity created under this chapter to perform any service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform.
(b) Each contract under Subsection (1)(a) shall be authorized as provided in Section 11-13-202.5.
(c) Each contract under Subsection (1)(a) shall set forth fully the purposes, powers, rights, objectives, and responsibilities of the contracting parties.
(d) In order to perform a service, activity, or undertaking provided for in a contract under Subsection (1)(a), a public agency may create, construct, or otherwise acquire facilities or improvements in excess of those required to meet the needs and requirements of the parties to the contract.
(2) An interlocal entity created by agreement under this chapter may create, construct, or otherwise acquire facilities or improvements to render services or provide benefits in excess of those required to meet the needs or requirements of the public agencies that are parties to the agreement if it is determined by the public agencies to be necessary to accomplish the purposes and realize the benefits set forth in Section 11-13-102.
Amended by Chapter 38, 2003 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 213 - Agreements for joint ownership, operation, or acquisition of facilities or improvements.

11-13-213.
Agreements for joint ownership, operation, or acquisition of facilities or improvements.
Any two or more public agencies may make agreements between or among themselves:
(1) for the joint ownership of any one or more facilities or improvements which they have authority by law to own individually;
(2) for the joint operation of any one or more facilities or improvements which they have authority by law to operate individually;
(3) for the joint acquisition by gift, grant, purchase, construction, condemnation or otherwise of any one or more such facilities or improvements and for the extension, repair or improvement thereof;
(4) for the exercise by an interlocal entity of its powers with respect to any one or more facilities or improvements and the extensions, repairs, or improvements of them; or
(5) any combination of the foregoing.
Renumbered and Amended by Chapter 286, 2002 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 214 - Conveyance or acquisition of property by public agency.

11-13-214.
Conveyance or acquisition of property by public agency.
In carrying out the provisions of this chapter, any public agency may convey property to or acquire property from any other public agency for consideration as may be agreed upon.
Renumbered and Amended by Chapter 286, 2002 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 215 - Sharing tax or other revenues.

11-13-215.
Sharing tax or other revenues.
(1) A county, city, town, or other local political subdivision may, at the discretion of the local governing body, share its tax and other revenues with other counties, cities, towns, or local political subdivisions, the state, or a federal government agency.
(2) Each decision to share tax and other revenues shall be made as provided in Section 11-13-202.5.
Amended by Chapter 38, 2003 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 216 - Term of agreements.

Effective 5/13/2014
11-13-216.
Term of agreements.
(1) Except as provided in Subsections (2) and 11-13-204(3), each agreement under this chapter shall extend for a term not to exceed 50 years.
(2) Subsection (1) does not apply to an agreement to which:
(a) a project entity is a party;
(b) an electric interlocal entity is a party; or
(c) an energy services interlocal entity is a party.
Amended by Chapter 8, 2014 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 217 - Control and operation of joint facility or improvement provided by agreement.

Effective 5/12/2015
11-13-217.
Control and operation of joint facility or improvement provided by agreement.
Any facility or improvement jointly owned or jointly operated by any two or more public agencies or acquired or constructed pursuant to an agreement under this chapter may be operated by any one or more of the interested public agencies designated for the purpose or may be operated by a joint or cooperative undertaking or an interlocal entity created for the purpose or through an agreement by an interlocal entity and a public agency receiving service or other benefits from such entity or may be controlled and operated in some other manner, all as may be provided by appropriate agreement. Payment for the cost of such operation shall be made as provided in any such agreement.
Amended by Chapter 265, 2015 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 218 - Authority of public agencies or interlocal entities to issue bonds -- Applicable provisions.

Effective 5/10/2016
11-13-218.
Authority of public agencies or interlocal entities to issue bonds -- Applicable provisions.
(1) A public agency may, in the same manner as it may issue bonds for its individual acquisition of a facility or improvement or for constructing, improving, or extending a facility or improvement, issue bonds to:
(a) acquire an interest in a jointly owned facility or improvement, a combination of a jointly owned facility or improvement, or any other facility or improvement; or
(b) pay all or part of the cost of constructing, improving, or extending a jointly owned facility or improvement, a combination of a jointly owned facility or improvement, or any other facility or improvement.
(2)
(a) An interlocal entity may issue bonds or notes under a resolution, trust indenture, or other security instrument for the purpose of:
(i) financing its facilities or improvements; or
(ii) providing for or financing an energy efficiency upgrade, a renewable energy system, or electric vehicle charging infrastructure in accordance with Title 11, Chapter 42, Assessment Area Act.
(b) The bonds or notes may be sold at public or private sale, mature at such times and bear interest at such rates, and have such other terms and security as the entity determines.
(c) The bonds or notes described in this Subsection (2) are not a debt of any public agency that is a party to the agreement.
(3) The governing board may, by resolution, delegate to one or more officers of the interlocal entity or to a committee of designated members of the governing board the authority to:
(a) in accordance with and within the parameters set forth in the resolution, approve the final interest rate, price, principal amount, maturity, redemption features, or other terms of a bond or note; and
(b) approve and execute all documents relating to the issuance of the bond or note.
(4) Bonds and notes issued under this chapter are declared to be negotiable instruments and their form and substance need not comply with the Uniform Commercial Code.
(5)
(a) An interlocal entity shall issue bonds in accordance with, as applicable:
(i)Chapter 14, Local Government Bonding Act;
(ii)Chapter 27, Utah Refunding Bond Act;
(iii) this chapter; or
(iv) any other provision of state law that authorizes issuance of bonds by a public body.
(b) An interlocal entity is a public body as defined in Section 11-30-2.
Amended by Chapter 371, 2016 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 218.1 - Pledge of revenues to pay for bonds.

Effective 5/12/2015
11-13-218.1.
Pledge of revenues to pay for bonds.
(1) In addition to any assignment, pledge, or conveyance made in accordance with Subsection 11-13-204(1)(a)(ii)(G), bonds issued by an interlocal entity may be payable from and secured by the pledge of all or any specified part of:
(a) the revenues to be derived by the interlocal entity from providing the entity's services and from the operation of the entity's facilities and other properties;
(b) sales and use taxes, property taxes, and other taxes;
(c) federal, state, or local grants; or
(d) other funds legally available to the interlocal entity.
(2) An assignment, pledge, or conveyance made by an interlocal entity to secure bonds shall be created and perfected in accordance with, and have the effect provided in, Section 11-14-501.
Enacted by Chapter 265, 2015 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 220 - Qualifications of officers or employees performing services under agreements.

11-13-220.
Qualifications of officers or employees performing services under agreements.
Other provisions of law which require an officer or employee of a public agency to be an elector or resident of the public agency or to have other qualifications not generally applicable to all of the contracting agencies in order to qualify for that office or employment are not applicable to officers or employees who hold office or perform services for more than one public agency pursuant to agreements executed under this chapter.
Renumbered and Amended by Chapter 286, 2002 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 221 - Compliance with chapter sufficient to effectuate agreements.

11-13-221.
Compliance with chapter sufficient to effectuate agreements.
When public agencies enter into agreements under this chapter whereby they utilize a power or facility jointly, or whereby one political agency provides a service or facility to another, compliance with the requirements of this chapter is sufficient to effectuate those agreements.
Renumbered and Amended by Chapter 286, 2002 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 222 - Employees performing services under agreements.

Effective 5/12/2015
11-13-222.
Employees performing services under agreements.
(1) An employee performing services for two or more public agencies under an agreement under this chapter shall be considered to be:
(a) an employee of the public agency employing the employee's services even though the employee performs those functions outside of the territorial limits of any one of the contracting public agencies; and
(b) an employee of the public agencies under the provisions of Title 63G, Chapter 7, Governmental Immunity Act of Utah.
(2) Unless otherwise provided in an agreement that creates an interlocal entity, each employee of a public agency that is a party to the agreement shall:
(a) remain an employee of that public agency, even though assigned to perform services for another public agency under the agreement; and
(b) continue to be governed by the rules, rights, entitlements, and status that apply to an employee of that public agency.
(3) All of the privileges, immunities from liability, exemptions from laws, ordinances, and rules, pensions and relief, disability, workers compensation, and other benefits that apply to an officer, agent, or employee of a public agency while performing functions within the territorial limits of the public agency apply to the same degree and extent when the officer, agent, or employee performs functions or duties under the agreement outside the territorial limits of that public agency.
Amended by Chapter 265, 2015 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 225 - Establishment of interlocal entity personnel system.

Effective 5/8/2018
11-13-225.
Establishment of interlocal entity personnel system.
(1) An interlocal entity shall establish a system of personnel administration for the interlocal entity as provided in this section.
(2) The interlocal entity shall administer the system described in Subsection (1) in a manner that will effectively provide for:
(a) recruiting, selecting, and advancing employees on the basis of the employee's relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment;
(b) equitable and adequate compensation;
(c) employee training as needed to assure high-quality performance;
(d)
(i) retaining an employee on the basis of the adequacy of the employee's performance; and
(ii) separation of an employee whose inadequate performance cannot be corrected;
(e) fair treatment of an applicant or employee in all aspects of personnel administration without regard to race, color, religion, sex, national origin, political affiliation, age, or disability, and with proper regard for the applicant's or employee's privacy and constitutional rights; and
(f) a formal procedure for processing the appeals and grievances of an employee without discrimination, coercion, restraint, or reprisal.
(3) An interlocal entity shall ensure that any employee training described in Subsection (2)(c) complies with Title 63G, Chapter 22, State Training and Certification Requirements.
Amended by Chapter 200, 2018 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 226 - Competitive procurement.

Effective 5/12/2015
11-13-226.
Competitive procurement.
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.
Enacted by Chapter 265, 2015 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 2 - Public Agencies' Joint Exercise of Powers › Section 227 - Transportation reinvestment zones.

Effective 5/14/2019
11-13-227.
Transportation reinvestment zones.
(1) Subject to the provisions of this part, any two or more public agencies may enter into an agreement with one another to create a transportation reinvestment zone as described in this section.
(2) To create a transportation reinvestment zone, two or more public agencies, at least one of which has land use authority over the transportation reinvestment zone area, shall:
(a) define the transportation infrastructure need and proposed improvement;
(b) define the boundaries of the zone;
(c) establish terms for sharing sales tax revenue among the members of the agreement;
(d) establish a base year to calculate the increase of property tax revenue within the zone;
(e) establish terms for sharing any increase in property tax revenue within the zone; and
(f) before an agreement is approved as required in Section 11-13-202.5, hold a public hearing regarding the details of the proposed transportation reinvestment zone.
(3) Any agreement to establish a transportation reinvestment zone is subject to the requirements of Sections 11-13-202, 11-13-202.5, 11-13-206, and 11-13-207.
(4)
(a) Each public agency that is party to an agreement under this section shall annually publish a report including a statement of the increased tax revenue and the expenditures made in accordance with the agreement.
(b) Each public agency that is party to an agreement under this section shall transmit a copy of the report described in Subsection (4)(a) to the state auditor.
(5) If any surplus revenue remains in a tax revenue account created as part of a transportation reinvestment zone agreement, the parties may use the surplus for other purposes as determined by agreement of the parties.
(6)
(a) An action taken under this section is not subject to:
(i) Section 10-8-2;
(ii)Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act;
(iii)Title 17, Chapter 27a, County Land Use, Development, and Management Act; or
(iv) Section 17-50-312.
(b) An ordinance, resolution, or agreement adopted under this title is not a land use regulation as defined in Sections 10-9a-103 and 17-27a-103.
Amended by Chapter 479, 2019 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 3 - Project Entity Provisions › Section 301 - Project entity and generation output requirements.

Effective 5/10/2016
11-13-301.
Project entity and generation output requirements.
(1) Each project entity:
(a) shall:
(i) except for construction of facilities providing replacement project capacity, before undertaking the construction of a project and before undertaking the construction of facilities to provide additional project capacity, offer to sell or make available at least 50% of the generation output of or electric energy produced by the project or additional project capacity, respectively;
(ii) establish rules and procedures for an offer under Subsection (1)(a)(i) that provide at least 60 days for a prospective power purchaser to accept the offer before the offer is considered rejected; and
(iii) make each offer under Subsection (1)(a)(i):
(A) under a long-term arrangement that may be an undivided ownership interest, a participation interest, a power sales agreement, or otherwise; and
(B) to one or more power purchasers in the state that supply electric energy at wholesale or retail; and
(b) may undertake construction of facilities providing replacement project capacity for its project.
(2)
(a) The generation output or electric energy production available to power purchasers in the state from a project shall be at least 5% of the total generation output or electric energy production of the project.
(b)
(i) Subject to Subsection (2)(b)(ii)(B), at least a majority of the generation capacity, generation output, or electric energy production facilities providing additional project capacity shall be:
(A) made available as needed to meet the estimated electric requirements of entities or consumers within the state; and
(B) owned, purchased, or consumed by entities or consumers within the state.
(ii)
(A) As used in this Subsection (2)(b)(ii), "default provision" means a provision authorizing a nondefaulting party to succeed to or require the disposition of the rights and interests of a defaulting party.
(B) The requirements of Subsection (2)(b)(i) do not apply to the extent that those requirements are not met due to the operation of a default provision in an agreement providing for ownership or other interests in facilities providing additional project capacity.
Amended by Chapter 382, 2016 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 3 - Project Entity Provisions › Section 304 - Certificate of public convenience and necessity required -- Exceptions.

Effective 5/10/2016
11-13-304.
Certificate of public convenience and necessity required -- Exceptions.
(1) Before proceeding with the construction of any electrical generating plant or transmission line, each interlocal entity and each out-of-state public agency shall first obtain from the public service commission a certificate, after hearing, that public convenience and necessity requires such construction and in addition that such construction will in no way impair the public convenience and necessity of electrical consumers of the state of Utah at the present time or in the future.
(2) The requirement to obtain a certificate of public convenience and necessity applies to each project initiated after the section's effective date but does not apply to:
(a) a project for which a feasibility study was initiated prior to the effective date;
(b) any facilities providing additional project capacity;
(c) any facilities providing replacement project capacity; or
(d) transmission lines required for the delivery of electricity from a project described in Subsection (2)(a), or facilities providing additional project capacity, or facilities providing replacement project capacity within the corridor of a transmission line, with reasonable deviation, of a project producing as of April 21, 1987.
Amended by Chapter 382, 2016 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 3 - Project Entity Provisions › Section 306 - Procedure in case of inability to formulate contract for impact alleviation.

11-13-306.
Procedure in case of inability to formulate contract for impact alleviation.
(1) If the project entity or other public agency and a candidate are unable to agree upon the terms of an impact alleviation contract or to agree that the candidate has or will experience any direct impacts, the project entity or other public agency and the candidate shall each have the right to submit the question of whether or not these direct impacts have been or will be experienced, and any other questions regarding the terms of the impact alleviation contract to the board for its determination.
(2) Within 40 days after receiving a notice of a request for determination, the board shall hold a public hearing on the questions at issue, at which hearing the parties shall have an opportunity to present evidence. Within 20 days after the conclusion of the hearing, the board shall enter an order embodying its determination and directing the parties to act in accordance with it. The order shall contain findings of facts and conclusions of law setting forth the reasons for the board's determination. To the extent that the order pertains to the terms of an impact alleviation contract, the terms of the order shall satisfy the criteria for contract terms set forth in Section 11-13-305.
(3) At any time 20 or more days before the hearing begins, either party may serve upon the adverse party an offer to agree to specific terms or payments. If within 10 days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance, together with proof of service thereof, and the board shall enter a corresponding order. An offer not accepted shall be deemed withdrawn and evidence concerning it is not admissible except in a proceeding to determine costs. If the order finally obtained by the offeree is not more favorable than the offer, the offeree shall pay the costs incurred after the making of the offer, including a reasonable attorney's fee. The fact that an offer is made but not accepted does not preclude a subsequent offer.
Renumbered and Amended by Chapter 286, 2002 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 3 - Project Entity Provisions › Section 307 - Method of amending impact alleviation contract.

11-13-307.
Method of amending impact alleviation contract.
An impact alleviation contract or a determination order may be amended with the consent of the parties, or otherwise in accordance with their provisions. In addition, any party may propose an amendment to a contract or order which, if not agreed to by the other parties, may be submitted by the proposing party to the board for a determination of whether or not the amendment shall be incorporated into the contract or order. The board shall determine whether or not a contract or determination order shall be amended under the procedures and standards set forth in Sections 11-13-305 and 11-13-306.
Renumbered and Amended by Chapter 286, 2002 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 3 - Project Entity Provisions › Section 308 - Effect of failure to comply.

11-13-308.
Effect of failure to comply.
The construction or operation of a project or of facilities providing additional project capacity may commence and proceed, notwithstanding the fact that all impact alleviation contracts or determination orders with respect to the project or facilities providing additional project capacity have not been entered into or made or that any appeal or review concerning the contract or determination has not been finally resolved. The failure of the project entity or other public agency to comply with the requirements of this chapter or with the terms of any alleviation contract or determination order or any amendment to them may not be grounds for enjoining the construction or operation of the project or facilities providing additional project capacity.
Renumbered and Amended by Chapter 286, 2002 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 3 - Project Entity Provisions › Section 309 - Venue for civil action -- No trial de novo.

11-13-309.
Venue for civil action -- No trial de novo.
(1) Any civil action seeking to challenge, enforce, or otherwise have reviewed, any order of the board, or any alleviation contract, shall be brought only in the district court for the county within which is located the candidate to which the order or contract pertains. If the candidate is the state of Utah, the action shall be brought in the district court for Salt Lake County. Any action brought in any judicial district shall be ordered transferred to the court where venue is proper under this section.
(2) In any civil action seeking to challenge, enforce, or otherwise review, any order of the board, a trial de novo may not be held. 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 district court unless the board clearly abused its discretion.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 13 - Interlocal Cooperation Act › Part 3 - Project Entity Provisions › Section 310 - Termination of impact alleviation contract.

Effective 7/1/2023
11-13-310.
Termination of impact alleviation contract.
(1) If the project or any part of it or the facilities providing additional project capacity or any part of them, or the output from the project or facilities providing additional project capacity become subject, in addition to the requirements of Section 11-13-302, to ad valorem property taxation or other payments in lieu of ad valorem property taxation, or other form of tax equivalent payments to any candidate which is a party to an impact alleviation contract with respect to the project or facilities providing additional project capacity or is receiving impact alleviation payments or means with respect to the project or facilities providing additional project capacity pursuant to a determination by the board, then the impact alleviation contract or the requirement to make impact alleviation payments or provide means therefor pursuant to the determination, as the case may be, shall, at the election of the candidate, terminate.
(2) In any event, each impact alleviation contract or determination order shall terminate upon the project, or, in the case of facilities providing additional project capacity, those facilities becoming subject to the provisions of Section 11-13-302, except that no impact alleviation contract or agreement entered by a school district shall terminate because of in lieu ad valorem property tax fees levied under Subsection 11-13-302(2)(b)(i) or because of ad valorem property taxes levied under Section 53F-2-301 for the state minimum school program.
(3) In addition, if the construction of the project, or, in the case of facilities providing additional project capacity, of those facilities, is permanently terminated for any reason, each impact alleviation contract and determination order, and the payments and means required thereunder, shall terminate.
(4) No termination of an impact alleviation contract or determination order may terminate or reduce any liability previously incurred pursuant to the contract or determination order by the candidate beneficiary under it.
(5) If the provisions of Section 11-13-302, or its successor, are held invalid by a court of competent jurisdiction, and no ad valorem taxes or other form of tax equivalent payments are payable, the remaining provisions of this chapter shall continue in operation without regard to the commencement of commercial operation of the last generating unit of that project or of facilities providing additional project capacity.
Amended by Chapter 7, 2023 General Session