reglab/statecodes huggingface dataset:
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 30 - Utah Bond Validation Act › Section 3 - Petition to establish validity of bonds -- Contents -- Court action.

11-30-3.
Petition to establish validity of bonds -- Contents -- Court action.
(1) A public body may, at any time after it has authorized the issuance of bonds for other than a project financing involving more than one series of bonds to finance such project or at any time after it has authorized the issuance of the first series of bonds to finance a project in more than one series, but before the issuance and delivery of any such bonds or such first series of bonds, as the case may be, file a petition to establish the validity of such bonds.
(2) The petition shall be filed in the district court of the county in which the public body maintains its principal office, and shall name as defendants all taxpayers, property owners, citizens of the public body, including nonresidents owning property or subject to taxation therein, all other persons having or claiming any right, title, or interest in any property or funds affected by or to be affected by the bonds, all parties to any contract or instrument which is part of the validation proceedings, and, pursuant to Section 11-30-6, either the attorney general or the county attorney of the county in which the largest expenditure of proceeds of the bonds is expected to be made.
(3) The petition shall set forth and affirm, by proper allegation of law and fact:
(a) the statutory authority by which the petition is filed;
(b) the statutory authority by which the public body authorized the issuance of the bonds;
(c) the ordinance, resolution, or other proceedings by which the public body authorized the issuance and delivery of the bonds;
(d) the holding of an election and the results of that election, if an election was required;
(e) the purpose of the bonds; and
(f) the source of funds from which the bonds are to be paid.
(4) The petitioner may set forth any additional information with respect to such bonds and any questions of law or fact concerning the validity of the bonds that the petitioner desires the court to adjudicate separately in rendering its judgment, as well as those allegations of law or fact necessary to its consideration.
(5) The petitioner shall then petition the court to render judgment affirming the validity of the bonds and to pass upon any questions for separate adjudication set forth in the petition. Any petitioner may amend or supplement the petition at any time on or before the hearing, but not thereafter without permission of the court.
(6) No amendment or supplement may require republication of the order unless there has been a change in the issuer or there has been a substantial change in the use of the proceeds or the manner of repayment of the bonds.
Enacted by Chapter 197, 1987 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 30 - Utah Bond Validation Act › Section 4 - Hearing on petition.

11-30-4.
Hearing on petition.
Upon the filing of the petition, the court shall issue an order in the form of a notice against all defendants requiring them to appear at a time and place to be designated in the order, and to show cause why the prayers of the petition should not be granted. The time of the hearing shall be not less than 20 nor more than 30 days from the date of the issuing of the order. The place of the hearing shall be within the county in which the petition is filed. The order shall set forth a general description of the petition but need not set forth the entire petition or any attached exhibits.
Enacted by Chapter 197, 1987 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 30 - Utah Bond Validation Act › Section 5 - Publication of order for hearing.

Effective 5/3/2023
11-30-5.
Publication of order for hearing.
(1) Prior to the date set for hearing, the clerk of the court shall publish the order for the public body's jurisdiction, as a class A notice under Section 63G-30-102, for three weeks.
(2) If a refunding bond is being validated, all holders of the bonds to be refunded may be made defendants to the action, in which case notice may be made, and if so made shall be considered sufficient, by mailing a copy of the order to each holder's last-known address.
(3) By publication of the order, all defendants shall have been duly served and shall be parties to the proceedings.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 30 - Utah Bond Validation Act › Section 6 - Contest of petition by attorney general or county attorney -- Attorney general and county attorney as parties.

11-30-6.
Contest of petition by attorney general or county attorney -- Attorney general and county attorney as parties.
(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 his 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.
Enacted by Chapter 197, 1987 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 30 - Utah Bond Validation Act › Section 7 - Pleadings -- Questions of law and fact -- Judgment.

11-30-7.
Pleadings -- Questions of law and fact -- Judgment.
(1) A defendant may file, amend, or supplement any pleading to the proceeding at any time on or before the hearing, but not after the hearing begins, unless permission is given by the court.
(2) At the time and place designated in the order, the court shall:
(a) proceed to hear and determine all questions of law and fact; and
(b) enter orders that will best enable the court properly to try and determine all questions of law and fact and to enter a judgment with the least possible delay.
(3) The judgment shall be based upon a written opinion of the court that:
(a) makes findings of fact; and
(b) separately states the court's conclusions of law.
(4) To the extent possible and practicable under the circumstances, the court shall render final judgment within 10 days after the day on which the hearing is concluded.
Amended by Chapter 134, 2012 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 30 - Utah Bond Validation Act › Section 8 - Injunction -- Other orders.

11-30-8.
Injunction -- Other orders.
(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.
Amended by Chapter 134, 2012 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 30 - Utah Bond Validation Act › Section 9 - Failure of validity based on substantial defects or material errors and omissions.

11-30-9.
Failure of validity based on substantial defects or material errors and omissions.
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.
Enacted by Chapter 197, 1987 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 30 - Utah Bond Validation Act › Section 10 - Appeals to Supreme Court.

11-30-10.
Appeals to Supreme Court.
(1) An appeal may be taken only to the Supreme Court and may be taken only by a party appearing at the hearing.
(2) No appeal is allowed unless the notice of appeal is filed within 10 days after the date of entry of the judgment.
(3) The Supreme Court shall expedite and give priority to the docketing, briefing, hearing, and decision on appeal.
Amended by Chapter 134, 2012 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 30 - Utah Bond Validation Act › Section 11 - Final judgment -- Permanent injunction.

11-30-11.
Final judgment -- Permanent injunction.
(1)If the judgment upholds the validity of the bonds, and no appeal is taken, or if an appeal is taken from any judgment and at any time thereafter a judgment is rendered holding the bonds to be valid, the judgment shall, notwithstanding any other provision of law, including, without limitation, Rules 55(c) and 60(b) of the Utah Rules of Civil Procedure, be binding and conclusive as to the validity of the bonds against the public body issuing the bonds and all other parties to the petition, and shall constitute a permanent injunction against the institution by any person of any action or proceeding contesting the validity of the bonds or any other matter adjudicated or that might have been adjudicated in the proceedings.
(2) After a final judgment has been entered holding the bonds to be valid, as to any action or proceeding contesting the validity of the bonds or any other matter adjudicated or that might have been adjudicated in the proceedings:
(a) no court has jurisdiction to adjudicate such matters; and
(b) all rights of taxpayers, citizens, and others to litigate such matters shall lapse.
Enacted by Chapter 197, 1987 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 30 - Utah Bond Validation Act › Section 12 - No challenge based on procedural error.

11-30-12.
No challenge based on procedural error.
No bond validated under this chapter may be challenged because the validation proceeding was not in compliance with this chapter unless the deficiency renders the proceeding in any way unconstitutional.
Enacted by Chapter 197, 1987 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 31 - Utah Public Finance Act › Section 2 - Definitions.

Effective 2/27/2023
11-31-2.
Definitions.
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) "Legislative body" means, with respect to any action to be taken by a public body with respect to bonds, the board, commission, council, agency, or other similar body authorized by law to take legislative action on behalf of the public body, and in the case of the state, the Legislature, the state treasurer, the commission created under Section 63B-1-201, and any other entities the Legislature designates.
(3) "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 the state.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 31 - Utah Public Finance Act › Section 3 - Issuance of bonds -- Registration for offer and sale.

11-31-3.
Issuance of bonds -- Registration for offer and sale.
(1) Any bonds authorized by law to be issued may be issued without regard to the treatment of interest on those bonds for purposes of federal income taxation.
(2)
(a) Any public body authorized to issue bonds may take any actions and enter into any agreements necessary or appropriate to register or qualify the bonds described in this section for offer and sale under the federal or any state's or nation's securities laws and to comply with those laws.
(b) Those actions and agreements on behalf of the state may be taken and entered into by the commission created under Section 63B-1-201 or by the state treasurer, as appropriate.
Amended by Chapter 12, 2001 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 1 - Short title.

11-32-1.
Short title.
(1) This chapter shall be known as the "Utah Interlocal Financing Authority Act."
(2) All bonds issued pursuant to authority of this chapter shall contain on their face a recital to that effect.
Enacted by Chapter 143, 1987 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 2 - Definitions.

Effective 2/27/2023
11-32-2.
Definitions.
As used in this chapter:
(1) "Assignment agreement" means the agreement, security agreement, indenture, or other documentation by which the county transfers the delinquent tax receivables to the authority in consideration of the amounts paid by the authority under the assignment agreement, as provided in this chapter.
(2) "Bonds" means any bonds, notes, or other evidence of indebtedness of the financing authority issued under this chapter.
(3) "Delinquent tax receivables" means those ad valorem tangible property taxes levied within any county, for any year, which remain unpaid and owing the participant members within the county, as of January 15 of the following year, plus any interest and penalties accruing or assessed to them.
(4) "Financing authority" or "authority" means a nonprofit corporation organized under this chapter by a county on behalf of the participant members within the county as the financing authority for the participant members solely for the purpose of financing the assignment of the delinquent tax receivables of the participant members for which it was created.
(5) "Governing body" means the council, commission, county legislative body, board of education, board of trustees, or any other governing entity of a public body in which the legislative powers of the public body are vested.
(6) "Participant members" means those public bodies, including the county, the governing bodies of which approve the creation of an authority as provided in Section 11-32-3 and on whose behalf the authority acts.
(7) "Public body" means any city, town, county, school district, special service district, special district, community reinvestment agency, or any other entity entitled to receive ad valorem property taxes, existing under the laws of the state.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 3.5 - Entry into an established interlocal finance authority -- Withdrawal from an interlocal finance authority -- Effect of outstanding debt -- Effect on organization.

11-32-3.5.
Entry into an established interlocal finance authority -- Withdrawal from an interlocal finance authority -- Effect of outstanding debt -- Effect on organization.
(1) The governing body of any public body, which is not at that time a member of a financing authority established in the county in which the public body is located, may, by resolution, elect to join the authority.
(2) The resolution shall state the name of the public body and that the public body thereby petitions for membership in the authority. A certified copy of the resolution shall be delivered to the authority.
(3) The public body shall become a participant member of the authority, upon receipt by the authority of the resolution, but only with respect to any financing initiated after the public body has become a member of the authority.
(4) A participant member may elect to withdraw from an authority by resolution adopted by the governing body of the participant member following:
(a) the payment of all outstanding bonds for which a participant member's delinquent tax receivables have been assigned;
(b) the distribution of remaining amounts as provided in Section 11-32-15; and
(c) satisfactory completion of any independent accounting audits requested by the authority or the county.
(5) The resolution of the governing body of the public body which is withdrawing its membership shall state the name of the public body it represents and that the public body thereby petitions for withdrawal from the authority. A certified copy of the resolution shall be delivered to the authority. The membership of the public body in the authority shall terminate upon receipt of the resolution by the authority.
(6) A public body which has withdrawn from membership in an authority may elect to join such authority to participate in future financings by the authority.
(7)
(a) By resolution of its governing body, a participant member may elect not to participate in future financings of the authority. Such election shall be effective upon delivery of a certified copy of the resolution to the authority.
(b) In addition to the method outlined in Subsection (7)(a), a participant member may be considered to have elected not to participate in future financings in any reasonable manner selected by the authority.
(8) For purposes of determining the presence of a quorum of the board of trustees or for other purposes, the board of trustees of an authority may treat participant members which have elected or are considered to have elected not to participate in a financing as not being participant members.
(9) The composition organization of the authority shall change upon the entrance, election to participate, election not to participate, or withdrawal of a participant member.
Amended by Chapter 324, 2010 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 5 - Bonds authorized to pay costs of purchase of delinquent tax receivables.

11-32-5.
Bonds authorized to pay costs of purchase of delinquent tax receivables.
(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.
Enacted by Chapter 143, 1987 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 6 - Payment of bonds.

11-32-6.
Payment of bonds.
(1) Except as secured as provided in Subsection 11-32-7(1)(c), all bonds issued by a financing authority and the interest and premium, if any, on them, shall be payable solely out of amounts received by the authority under the assignment agreement with respect to the delinquent tax receivables acquired with the proceeds of that issue of bonds and from the proceeds of the bonds. All bonds shall so state on their face.
(2) The amounts payable by the county or the participant members under the assignment agreement shall be payable solely from a special fund into which the county shall pay all of the amounts received with respect to the delinquent tax receivables covered by the assignment agreement. All bonds shall so state on their face.
(3) Nothing in this chapter may be construed as requiring the state of Utah or any political subdivision of the state to pay any amounts due on any bond issued under this chapter, or, except for the county and the other participant members, to pay any amount due to a financing authority under the terms of any assignment agreement.
(4) Except with respect to the delinquent tax receivables pledged, nothing in this chapter may be construed as requiring the county or any participant member to appropriate any money to pay principal of or interest on the bonds or the amounts due under any assignment agreement.
(5) If a county or any participant member fails to pay any amounts due to an authority under any assignment agreement, the authority may compel the county to take the necessary legal action to collect the delinquent tax receivables covered by the assignment agreement and to use any or all of the statutory means it has to collect the delinquent taxes.
Enacted by Chapter 143, 1987 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 7 - Bond principal and interest -- Security agreements -- Trustee.

11-32-7.
Bond principal and interest -- Security agreements -- Trustee.
(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.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 8 - Dissolution of financing authority.

11-32-8.
Dissolution of financing authority.
(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.
Amended by Chapter 300, 2000 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 9 - Tax exemption.

11-32-9.
Tax exemption.
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.
Enacted by Chapter 143, 1987 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 10 - Application to other laws and proceedings -- Notice.

Effective 5/3/2023
11-32-10.
Application to other laws and proceedings -- Notice.
(1) This chapter is supplemental to all existing laws relating to the collection of delinquent taxes by participant members.
(2)
(a) No ordinance, resolution, or proceeding in respect to any transaction authorized by this chapter is necessary except as specifically required in this chapter nor is the publication of any resolution, proceeding, or notice relating to any transaction authorized by this chapter necessary except as required by this chapter.
(b) A publication made under this chapter may be made:
(i) for the public body's jurisdiction, as a class A notice under Section 63G-30-102, for at least seven days; and
(ii) as required in Section 45-1-101.
(c) No resolution adopted or proceeding taken under this chapter may be subject to referendum petition or to an election other than as permitted in this chapter.
(d) All proceedings adopted under this chapter may be adopted on a single reading at any legally convened meeting of the governing body or bodies or the board of trustees of the authority as appropriate.
(3) Any formal action or proceeding taken by the governing body of a county or other public body or the board of trustees of an authority under the authority of this chapter may be taken by resolution of the governing body or the board of trustees as appropriate.
(4) This chapter shall apply to all authorities created, assignment agreements executed, and bonds issued after this chapter takes effect.
(5) All proceedings taken before the effective date of this chapter by a county or other public body in connection with the creation and operation of a financing authority are validated, ratified, approved, and confirmed.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 11 - Publication of resolutions -- Notice -- Content.

Effective 5/3/2023
11-32-11.
Publication of resolutions -- Notice -- Content.
(1) The governing body of any county, or the board of trustees of any financing authority, may provide for the publication of any resolution or other proceeding adopted by it under this chapter:
(a) for the county, as a class A notice under Section 63G-30-102, for at least seven days; and
(b) as required in Section 45-1-101.
(2) In case of a resolution or other proceeding providing for the issuance of bonds, the board of trustees of a financing authority may, in lieu of publishing the entire resolution or other proceeding, publish a notice of bonds to be issued, titled as such, containing:
(a) the name of the financing authority and the participant members;
(b) the purposes of the issue;
(c) the maximum principal amount which may be issued;
(d) the maximum number of years over which the bonds may mature;
(e) the maximum interest rate which the bonds may bear;
(f) the maximum discount from par, expressed as a percentage of principal amount, at which the bonds may be sold; and
(g) the time and place where a copy of the resolution or other proceedings authorizing the issuance of the bonds may be examined, which shall be at an office of the financing authority, identified in the notice, during regular business hours of the financing authority as described in the notice and for a period of at least 30 days after the publication of the notice.
(3) For a period of 30 days after the publication, any person in interest may contest the legality of the resolution or proceeding or any bonds or assignment agreements which may be authorized by them or any provisions made for the security and payment of the bonds or for the security and payment of the assignment agreement. After such time no person has any cause of action to contest the regularity, formality, or legality of same for any cause.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 12 - Investment in and deposit of bonds.

11-32-12.
Investment in and deposit of bonds.
Bonds issued under this chapter shall be securities in which all persons and organizations authorized to invest in any obligations of political subdivisions of this state, may properly and legally invest any funds, including capital belonging to them or within their control. Bonds are also declared to be securities which may properly and legally be deposited with, and received by, any state, county, or municipal officer, or agency of the state for any purpose for which the deposit of any obligations of political subdivisions of this state is authorized by law.
Enacted by Chapter 143, 1987 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 13 - Financing authority as public entity -- Liberal construction of chapter.

11-32-13.
Financing authority as public entity -- Liberal construction of chapter.
A financing authority is a public entity and an instrumentality of the state performing essential governmental functions on behalf of participant members. To better enable financing authorities to perform these functions, this chapter shall be liberally construed.
Enacted by Chapter 143, 1987 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 14 - Provisions of chapter control when conflict occurs.

11-32-14.
Provisions of chapter control when conflict occurs.
To the extent that any one or more provisions of this chapter are in conflict with any other law or laws, the provisions of this chapter are controlling.
Enacted by Chapter 143, 1987 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 15 - Special fund -- Apportionment of excess amounts.

11-32-15.
Special fund -- Apportionment of excess amounts.
(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.
Amended by Chapter 324, 2010 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 16 - Deferral or abatement of taxes unaffected.

11-32-16.
Deferral or abatement of taxes unaffected.
The provisions of this chapter may not be construed to prevent the county from exercising any of its powers to defer or abate taxes as provided by statute.
Enacted by Chapter 143, 1987 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 32 - Utah Interlocal Financing Authority Act › Section 17 - Anticipation of taxes to be considered in fixing tax rate.

11-32-17.
Anticipation of taxes to be considered in fixing tax rate.
To the extent that a participant member uses the provisions of this chapter to anticipate the collection of delinquent taxes in any given year, such participant member shall take such anticipation into account in fixing its tax rate for the following year.
Enacted by Chapter 143, 1987 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 34 - Foreign Currency Bonds › Section 1 - Definitions.

Effective 2/27/2023
11-34-1.
Definitions.
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.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 34 - Foreign Currency Bonds › Section 2 - Bonds issued in foreign denominations -- Required conditions and agreements.

11-34-2.
Bonds issued in foreign denominations -- Required conditions and agreements.
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.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 2 - Impact Fees › Section 201 - Impact fees.

11-36a-201.
Impact fees.
(1) A local political subdivision or private entity shall ensure that any imposed impact fees comply with the requirements of this chapter.
(2) A local political subdivision and private entity may establish impact fees only for those public facilities defined in Section 11-36a-102.
(3) Nothing in this chapter may be construed to repeal or otherwise eliminate an impact fee in effect on the effective date of this chapter that is pledged as a source of revenues to pay bonded indebtedness that was incurred before the effective date of this chapter.
Enacted by Chapter 47, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 2 - Impact Fees › Section 203 - Private entity assessment of impact fees -- Charges for water rights, physical infrastructure -- Notice -- Audit.

Effective 2/27/2023
11-36a-203.
Private entity assessment of impact fees -- Charges for water rights, physical infrastructure -- Notice -- Audit.
(1) A private entity:
(a) shall comply with the requirements of this chapter before imposing an impact fee; and
(b) except as otherwise specified in this chapter, is subject to the same requirements of this chapter as a local political subdivision.
(2) A private entity may only impose a charge for water rights or physical infrastructure necessary to provide water or sewer facilities by imposing an impact fee.
(3) Where notice and hearing requirements are specified, a private entity shall comply with the notice and hearing requirements for special districts.
(4) A private entity that assesses an impact fee under this chapter is subject to the audit requirements of Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 2 - Impact Fees › Section 204 - Other names for impact fees.

11-36a-204.
Other names for impact fees.
(1) A fee that meets the definition of impact fee under Section 11-36a-102 is an impact fee subject to this chapter, regardless of what term the local political subdivision or private entity uses to refer to the fee.
(2) A local political subdivision or private entity may not avoid application of this chapter to a fee that meets the definition of an impact fee under Section 11-36a-102 by referring to the fee by another name.
Enacted by Chapter 47, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 2 - Impact Fees › Section 205 - Environmental mitigation impact fees.

11-36a-205.
Environmental mitigation impact fees.
Notwithstanding the requirements and prohibitions of this chapter, a local political subdivision may impose and assess an impact fee for environmental mitigation when:
(1) the local political subdivision has formally agreed to fund a Habitat Conservation Plan to resolve conflicts with the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531, et seq. or other state or federal environmental law or regulation;
(2) the impact fee bears a reasonable relationship to the environmental mitigation required by the Habitat Conservation Plan; and
(3) the legislative body of the local political subdivision adopts an ordinance or resolution:
(a) declaring that an impact fee is required to finance the Habitat Conservation Plan;
(b) establishing periodic sunset dates for the impact fee; and
(c) requiring the legislative body to:
(i) review the impact fee on those sunset dates;
(ii) determine whether or not the impact fee is still required to finance the Habitat Conservation Plan; and
(iii) affirmatively reauthorize the impact fee if the legislative body finds that the impact fee must remain in effect.
Enacted by Chapter 47, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 2 - Impact Fees › Section 206 - Prohibition of school impact fees.

Effective 1/24/2018
11-36a-206.
Prohibition of school impact fees.
(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.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 3 - Establishing an Impact Fee › Section 301 - Impact fee facilities plan.

11-36a-301.
Impact fee facilities plan.
(1) Before imposing an impact fee, each local political subdivision or private entity shall, except as provided in Subsection (3), prepare an impact fee facilities plan to determine the public facilities required to serve development resulting from new development activity.
(2) A municipality or county need not prepare a separate impact fee facilities plan if the general plan required by Section 10-9a-401 or 17-27a-401, respectively, contains the elements required by Section 11-36a-302.
(3) A local political subdivision or a private entity with a population, or serving a population, of less than 5,000 as of the last federal census that charges impact fees of less than $250,000 annually need not comply with the impact fee facilities plan requirements of this part, but shall ensure that:
(a) the impact fees that the local political subdivision or private entity imposes are based upon a reasonable plan that otherwise complies with the common law and this chapter; and
(b) each applicable notice required by this chapter is given.
Amended by Chapter 200, 2013 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 3 - Establishing an Impact Fee › Section 303 - Impact fee analysis.

11-36a-303.
Impact fee analysis.
(1) Subject to the notice requirements of Section 11-36a-504, each local political subdivision or private entity intending to impose an impact fee shall prepare a written analysis of each impact fee.
(2) Each local political subdivision or private entity that prepares an impact fee analysis under Subsection (1) shall also prepare a summary of the impact fee analysis designed to be understood by a lay person.
Enacted by Chapter 47, 2011 General Session