Title 11, Cities, Counties, and Local Taxing Units

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.

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 Uta…

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:…

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 cre…

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…

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.

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 feder…

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 electri…

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 …

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 fac…

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…

11-13-219. Publication of resolutions or agreements -- Contesting legality of resolution or agreement. (1) As used in this section: (a) "Enactment" means: (i) a resolution adopted or proceedings taken by a governing body under the authority of this chapter, and includes a resolut…

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 a…

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 r…

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 e…

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) i…

11-13-226. Competitive procurement -- Subject to state procurement code -- Exception. (1) The governing board of each interlocal entity shall adopt rules or policies for the competitive public procurement of goods and services required for the operation of the interlocal entity. …

11-13-228. Water District Water Development Council. (1) As used in this section: (a) "Council" means the Water District Water Development Council created pursuant to this section. (b) "Division" means the Division of Water Resources. (c) "Generational" means sufficient to meet a…

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 faciliti…

11-13-302. Payment of fee in lieu of ad valorem property tax by certain energy suppliers -- Method of calculating -- Collection -- Extent of tax lien. (1)(a) Each project entity created under this chapter that owns a project and that sells any capacity, service, or other benefit …

11-13-303. Source of project entity's payment of sales and use tax -- Gross receipts taxes for facilities providing additional project capacity. (1) A project entity is not exempt from sales and use taxes under Title 59, Chapter 12, Sales and Use Tax Act, to the extent provided i…

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 se…

11-13-305. Impact alleviation requirements -- Payments in lieu of ad valorem tax -- Source of impact alleviation payment. (1)(a)(i) A project entity may assume financial responsibility for or provide for the alleviation of the direct impacts of its project, and make loans to cand…

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 …

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 or…

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 o…

11-13-309. Venue for civil action -- No trial de novo. (1)(a) A person may bring a civil action seeking to challenge, enforce, or otherwise have reviewed, any order of the board, or any alleviation contract. (2) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if a…

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 …

11-13-311. Credit for impact alleviation payments against in lieu of ad valorem property taxes -- Federal or state assistance. (1) In consideration of the impact alleviation payments and means provided by the project entity or other public agency pursuant to the contracts and det…

11-13-312. Exemption from privilege tax. Title 59, Chapter 4, Privilege Tax, does not apply to a project, or any part of it, or to facilities providing additional project capacity, or any part of them, or to the possession or other beneficial use of a project or facilities provid…

11-13-313. Arbitration of disputes. Any impact alleviation contract may provide that disputes between the parties will be submitted to arbitration pursuant to Title 78B, Chapter 11, Utah Uniform Arbitration Act.

11-13-314. Eminent domain authority of certain commercial project entities. (1)(a) Subject to Subsections (2) and (3), a commercial project entity that existed as a project entity before January 1, 1980, may, with respect to a project or facilities providing additional project ca…

11-13-316. Project entity oversight. (1) Notwithstanding any other provision of law, a project entity is a political subdivision that is subject to the authority of the legislative auditor general pursuant to Utah Constitution, Article VI, Section 33, and Section 36-12-15. (2) A …

11-13-318. Notice of decommissioning or disposal of project entity assets. (1) As used in this section: (a) "Critical switchyard equipment" means equipment located in a switchyard that is necessary for the delivery of electricity to the transmission or distribution system, includ…

11-13-319. Project entity continued operation study. (1) The Office of Energy Development shall conduct a study to: (a) evaluate all environmental regulations and permits to be filed to continue operation of a project entity's existing coal-powered electrical generation facility;…

11-13-320. Air quality permitting transition process. (1) As used in this section: (a) "Alternative permit" means the same as that term is defined in Section 19-2-109.4. (b) "Division" means the Division of Air Quality created in Section 19-1-105. (c) "Pre-existing permit" means …

11-13-401. Application. (1) Except as provided in Subsection (2), and notwithstanding any other provision of law, this part applies to a governing authority created under this chapter. (2) This part does not apply to: (a) a taxed interlocal entity, as defined in Section 11-13-602…

11-13-402. Governance -- Powers of governing authority. (1) If an interlocal agreement does not establish an interlocal entity to conduct the joint or cooperative undertaking, the joint or cooperative undertaking shall be administered by a joint administrator established in accor…

11-13-403. Annual compensation -- Per diem compensation -- Participation in group insurance plan -- Reimbursement of expenses. (1)(a) A member of a governing authority may receive compensation for service on the governing authority, as determined by the governing authority. (b) T…

11-13-404. Quorum of the governing authority -- Meetings of the governing authority. (1)(a)(i) Except as provided in Subsection (1)(b) or in the interlocal agreement creating the interlocal entity or joint or cooperative undertaking, a majority of the governing authority constitu…

11-13-501. Definitions. As used in this part: (1) "Appropriation" means an allocation of money by the governing board in a budget for a specific purpose. (2) "Budget" means a plan of financial operations for a fiscal year that embodies estimates of proposed expenditures for given…

11-13-502. Application -- Conflicts with federal law -- Other applicable law. (1) This part does not apply to a taxed interlocal entity as defined in Section 11-13-602. (2) Except as provided in Subsection (1), and notwithstanding any other provision of law, this part governs an …

11-13-503. Fiscal year. The fiscal year of an interlocal entity shall be, as determined by the governing board: (1) the calendar year; or (2) the period from July 1 to the following June 30.

11-13-504. Uniform accounting system. An interlocal entity shall: (1) establish and maintain the interlocal entity's accounting records, and financial statements prepared from those records, as required by generally accepted accounting principles; and (2) adopt and implement inte…

11-13-505. Funds and account groups maintained. An interlocal entity shall establish and maintain, according to its own accounting needs, some or all of the funds and account groups in its system of accounts, as required by generally accepted accounting principles.

11-13-506. Budget required for certain funds -- Capital projects fund. (1) The budget officer shall prepare for each budget year a budget, subject to Section 11-13-507, for each of the following funds, to the extent applicable: (a) the general fund; (b) each special revenue fund,…