United States — Utah Act or statute

United States — Utah legislation

Utah Code § 11-13-202.5, 2003

Certain agreements must be approved by the specified public agency authority, and then reviewed by the agency attorney before they take effect.

agreement approvalbondsinterlocal agreementsinterlocal entitieslegal reviewpublic agencypublic agency approvalpublic agency budgetingreal propertytax revenue sharing

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01

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“Certain agreements must be approved by the specified public agency authority, and then reviewed by the agency attorney before they take effect.”

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Subsection 11-13-202.5(3)

Before an agreement takes effect, the approving officer or body must submit it to the public agency’s attorney for review.

Section 11-13-202.5(3)

04

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Source record from le.utah.gov · Enacted 2003

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Showing 21 of 21 provisions

Provision 21

Part 11-13-2

part 11-13-2 Public Agencies' Joint Exercise of Powers

§ 11-13-202.5Approval of certain agreements -- Review by attorney.Provision

Certain agreements must be approved by the specified public agency authority, and then reviewed by the agency attorney before they take effect.

Approval of certain agreements -- Review by attorney. Each agreement under Section 11-13-202 and each agreement under Section 11-13-212 shall be approved by: 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; the legislative body of the public agency if the agreement: requires the public agency to adjust its budget for a current or future fiscal year; includes an out-of-state public agency as a party; provides for the public agency to acquire or construct: a facility; or an improvement to real property; provides for the public agency to acquire or transfer title to real property; provides for the public agency to issue bonds; creates an interlocal entity; or provides for the public agency to share taxes or other revenues; or 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. 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: specify the effective date of the agreement; and if the agreement creates an interlocal entity: declare that it is the legislative body's intent to create an interlocal entity; describe the public purposes for which the interlocal entity is created; and describe the powers, duties, and functions of the interlocal entity. 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.
Section 11-13-202.5Verify source
§ 11-13-202.5(1)Subsection 11-13-202.5(1)Provision

Certain interlocal agreements must be approved by the public agency’s executive body, or by the legislative body in listed cases, or by the relevant state department head for certain public agencies.

Each agreement under Section 11-13-202 and each agreement under Section 11-13-212 shall be approved by: 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; the legislative body of the public agency if the agreement: requires the public agency to adjust its budget for a current or future fiscal year; includes an out-of-state public agency as a party; provides for the public agency to acquire or construct: a facility; or an improvement to real property; provides for the public agency to acquire or transfer title to real property; provides for the public agency to issue bonds; creates an interlocal entity; or provides for the public agency to share taxes or other revenues; or 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.
Section 11-13-202.5(1)Verify source
§ 11-13-202.5(1)(a)Subsection 11-13-202.5(1)(a)Provision

Except as provided in Subsections (1)(b) and (c), this refers to the commission, board, council, or other body or officer vested with the executive power of the public agency.

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;
Section 11-13-202.5(1)(a)Verify source
§ 11-13-202.5(1)(b)Subsection 11-13-202.5(1)(b)Provision

The legislative body of the public agency is implicated when an agreement has any of the listed features.

the legislative body of the public agency if the agreement: requires the public agency to adjust its budget for a current or future fiscal year; includes an out-of-state public agency as a party; provides for the public agency to acquire or construct: a facility; or an improvement to real property; provides for the public agency to acquire or transfer title to real property; provides for the public agency to issue bonds; creates an interlocal entity; or provides for the public agency to share taxes or other revenues; or
Section 11-13-202.5(1)(b)Verify source
§ 11-13-202.5(1)(b)(i)Subsection 11-13-202.5(1)(b)(i)Provision

The public agency must adjust its budget for a current or future fiscal year.

requires the public agency to adjust its budget for a current or future fiscal year;
Section 11-13-202.5(1)(b)(i)Verify source
§ 11-13-202.5(1)(b)(ii)Subsection 11-13-202.5(1)(b)(ii)Provision

includes an out-of-state public agency as a party;

includes an out-of-state public agency as a party;
Section 11-13-202.5(1)(b)(ii)Verify source
§ 11-13-202.5(1)(b)(iii)Subsection 11-13-202.5(1)(b)(iii)Provision

provides for the public agency to acquire or construct: a facility; or an improvement to real property;

provides for the public agency to acquire or construct: a facility; or an improvement to real property;
Section 11-13-202.5(1)(b)(iii)Verify source
§ 11-13-202.5(1)(b)(iii)(A)Subsection 11-13-202.5(1)(b)(iii)(A)Provision

a facility; or

a facility; or
Section 11-13-202.5(1)(b)(iii)(A)Verify source
§ 11-13-202.5(1)(b)(iii)(B)Subsection 11-13-202.5(1)(b)(iii)(B)Provision

an improvement to real property;

an improvement to real property;
Section 11-13-202.5(1)(b)(iii)(B)Verify source
§ 11-13-202.5(1)(b)(iv)Subsection 11-13-202.5(1)(b)(iv)Provision

A public agency may acquire or transfer title to real property.

provides for the public agency to acquire or transfer title to real property;
Section 11-13-202.5(1)(b)(iv)Verify source
§ 11-13-202.5(1)(b)(v)Subsection 11-13-202.5(1)(b)(v)Provision

provides for the public agency to issue bonds;

provides for the public agency to issue bonds;
Section 11-13-202.5(1)(b)(v)Verify source
§ 11-13-202.5(1)(b)(vi)Subsection 11-13-202.5(1)(b)(vi)Provision

creates an interlocal entity; or

creates an interlocal entity; or
Section 11-13-202.5(1)(b)(vi)Verify source
§ 11-13-202.5(1)(b)(vii)Subsection 11-13-202.5(1)(b)(vii)Provision

provides for the public agency to share taxes or other revenues; or

provides for the public agency to share taxes or other revenues; or
Section 11-13-202.5(1)(b)(vii)Verify source
§ 11-13-202.5(1)(c)Subsection 11-13-202.5(1)(c)Provision

If the public agency qualifies under Subsection 11-13-103(19)(b), the applicable state department, division, or agency head is identified.

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.
Section 11-13-202.5(1)(c)Verify source
§ 11-13-202.5(2)Subsection 11-13-202.5(2)Provision

If a public agency’s legislative body must approve an agreement, the approving resolution or ordinance must state the agreement’s effective date and, if an interlocal entity is created, its intended creation, public purposes, and powers, duties, and functions.

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: specify the effective date of the agreement; and if the agreement creates an interlocal entity: declare that it is the legislative body's intent to create an interlocal entity; describe the public purposes for which the interlocal entity is created; and describe the powers, duties, and functions of the interlocal entity.
Section 11-13-202.5(2)Verify source
§ 11-13-202.5(2)(a)Subsection 11-13-202.5(2)(a)Provision

specify the effective date of the agreement; and

specify the effective date of the agreement; and
Section 11-13-202.5(2)(a)Verify source
§ 11-13-202.5(2)(b)Subsection 11-13-202.5(2)(b)Provision

If an agreement creates an interlocal entity, the legislative body must state its intent to create it and describe the entity’s public purposes, powers, duties, and functions.

if the agreement creates an interlocal entity: declare that it is the legislative body's intent to create an interlocal entity; describe the public purposes for which the interlocal entity is created; and describe the powers, duties, and functions of the interlocal entity.
Section 11-13-202.5(2)(b)Verify source
§ 11-13-202.5(2)(b)(i)Subsection 11-13-202.5(2)(b)(i)Provision

declare that it is the legislative body's intent to create an interlocal entity;

declare that it is the legislative body's intent to create an interlocal entity;
Section 11-13-202.5(2)(b)(i)Verify source
§ 11-13-202.5(2)(b)(ii)Subsection 11-13-202.5(2)(b)(ii)Provision

describe the public purposes for which the interlocal entity is created; and

describe the public purposes for which the interlocal entity is created; and
Section 11-13-202.5(2)(b)(ii)Verify source
§ 11-13-202.5(2)(b)(iii)Subsection 11-13-202.5(2)(b)(iii)Provision

describe the powers, duties, and functions of the interlocal entity.

describe the powers, duties, and functions of the interlocal entity.
Section 11-13-202.5(2)(b)(iii)Verify source
§ 11-13-202.5(3)Subsection 11-13-202.5(3)Provision

Before an agreement takes effect, the approving officer or body must submit it to the public agency’s attorney for review.

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.
Section 11-13-202.5(3)Verify source

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