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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 11-14a-1

A local government entity may not adopt a new debt resolution unless it follows the section’s notice and hearing requirements.

Source excerpt

bond financingdebt financedebt instrumentsdebt issuanceentity classificationfinal resolutionlocal government debtlocal government entitiesmunicipal financemunicipal obligationsproject fundingpublic hearingpublic hearing noticeresolution adoptionvoter approval
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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“A local government entity may not adopt a new debt resolution unless it follows the section’s notice and hearing requirements.”

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Notice of debt issuance.

A local government entity may not adopt a new debt resolution unless it follows the section’s notice and hearing requirements.

Section 11-14a-1

Subsection 11-14a-1(1)(d)

“Rejected Project” means a project that a local government entity sought voter approval for general obligation bond financing for but did not receive.

Section 11-14a-1(1)(d)

Subsection 11-14a-1(4)(a)

The resolution considered at the hearing must identify the debt type, maximum principal amount, interest rate, term, and repayment method.

Section 11-14a-1(4)(a)

Subsection 11-14a-1(4)(c)

A local government entity may later adopt, amend and adopt, or reject a resolution without repeating the published notice requirements.

Section 11-14a-1(4)(c)

04

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Source record from le.utah.gov · Legal dates not recorded

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Showing 37 of 37 provisions

Provision 34Amendment 3
§ 11-14a-1Notice of debt issuance.Amendment

Source excerpt

A local government entity may not adopt a new debt resolution unless it follows the section’s notice and hearing requirements.

Notice of debt issuance. For purposes of this chapter: "Debt" includes bonds, lease purchase agreements, certificates of participation, and contracts with municipal building authorities. "Debt" does not include tax and revenue anticipation notes or refunding bonds. "Local government entity" means a county, city, town, school district, special district, or special service district. "Local government entity" does not mean an entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act that has assets over $10,000,000. "New debt resolution" means a resolution authorizing the issuance of debt wholly or partially to fund a rejected project. "Rejected Project" means a project for which a local government entity sought voter approval for general obligation bond financing and failed to receive that approval. Unless a local government entity complies with the requirements of this section, it may not adopt a new debt resolution. Before adopting a new debt resolution, a local government entity shall advertise the local government entity's intent to issue debt by providing a notice of that intent for the local government entity, as a class A notice under Section 63G-30-102 , for the two weeks before the meeting at which the resolution will be considered. The local government entity shall ensure that the notice: except for website publication, is at least as large as the bill or other mailing that it accompanies; is entitled, in type size no smaller than 24 point, "Intent to Issue Debt"; and contains the information required by Subsection (3)(c) . The local government entity shall ensure that the advertisement or notice described in Subsection (3)(a) : identifies the local government entity; states that the entity will meet on a day, time, and place identified in the advertisement or notice to hear public comments regarding a resolution authorizing the issuance of debt by the entity and to explain to the public the reasons for the issuance of debt; contains: the name of the entity that will issue the debt; the purpose of the debt; and that type of debt and the maximum principal amount that may be issued; invites all concerned citizens to attend the public hearing; and states that some or all of the proposed debt would fund a project whose general obligation bond financing was rejected by the voters. The resolution considered at the hearing shall identify: the type of debt proposed to be issued; the maximum principal amount that might be issued; the interest rate; the term of the debt; and how the debt will be repaid. Except as provided in Subsection (4)(b)(ii) , the resolution considered at the hearing need not be in final form and need not be adopted or rejected at the meeting at which the public hearing is held. The local government entity may not, in the final resolution, increase the maximum principal amount of debt contained in the notice and discussed at the hearing. The local government entity may adopt, amend and adopt, or reject the resolution at a later meeting without recomplying with the published notice requirements of this section.
Section 11-14a-1Verify source
§ 11-14a-1(1)Subsection 11-14a-1(1)Provision

Source excerpt

This subsection defines several terms used in the chapter, including “debt,” “local government entity,” “new debt resolution,” and “rejected project.”

For purposes of this chapter: "Debt" includes bonds, lease purchase agreements, certificates of participation, and contracts with municipal building authorities. "Debt" does not include tax and revenue anticipation notes or refunding bonds. "Local government entity" means a county, city, town, school district, special district, or special service district. "Local government entity" does not mean an entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act that has assets over $10,000,000. "New debt resolution" means a resolution authorizing the issuance of debt wholly or partially to fund a rejected project. "Rejected Project" means a project for which a local government entity sought voter approval for general obligation bond financing and failed to receive that approval.
Section 11-14a-1(1)Verify source
§ 11-14a-1(1)(a)Subsection 11-14a-1(1)(a)Provision

Source excerpt

“Debt” includes certain municipal financing instruments and excludes tax and revenue anticipation notes and refunding bonds.

"Debt" includes bonds, lease purchase agreements, certificates of participation, and contracts with municipal building authorities. "Debt" does not include tax and revenue anticipation notes or refunding bonds.
Section 11-14a-1(1)(a)Verify source
§ 11-14a-1(1)(a)(i)Subsection 11-14a-1(1)(a)(i)Provision

Source excerpt

“Debt” includes bonds, lease purchase agreements, certificates of participation, and contracts with municipal building authorities.

"Debt" includes bonds, lease purchase agreements, certificates of participation, and contracts with municipal building authorities.
Section 11-14a-1(1)(a)(i)Verify source
§ 11-14a-1(1)(a)(ii)Subsection 11-14a-1(1)(a)(ii)Provision

Source excerpt

“Debt” does not include tax and revenue anticipation notes or refunding bonds.

"Debt" does not include tax and revenue anticipation notes or refunding bonds.
Section 11-14a-1(1)(a)(ii)Verify source
§ 11-14a-1(1)(b)Subsection 11-14a-1(1)(b)Provision

Source excerpt

This subsection defines “local government entity” and excludes certain interlocal-agreement entities with assets over $10,000,000.

"Local government entity" means a county, city, town, school district, special district, or special service district. "Local government entity" does not mean an entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act that has assets over $10,000,000.
Section 11-14a-1(1)(b)Verify source
§ 11-14a-1(1)(b)(i)Subsection 11-14a-1(1)(b)(i)Provision

Source excerpt

This provision defines “local government entity” as a county, city, town, school district, special district, or special service district.

"Local government entity" means a county, city, town, school district, special district, or special service district.
Section 11-14a-1(1)(b)(i)Verify source
§ 11-14a-1(1)(b)(ii)Subsection 11-14a-1(1)(b)(ii)Provision

Source excerpt

The term “local government entity” excludes certain entities created by interlocal agreement that have assets over $10,000,000.

"Local government entity" does not mean an entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act that has assets over $10,000,000.
Section 11-14a-1(1)(b)(ii)Verify source
§ 11-14a-1(1)(c)Subsection 11-14a-1(1)(c)Provision

Source excerpt

Defines “new debt resolution” as a resolution that authorizes issuing debt to fund a rejected project, in whole or in part.

"New debt resolution" means a resolution authorizing the issuance of debt wholly or partially to fund a rejected project.
Section 11-14a-1(1)(c)Verify source
§ 11-14a-1(1)(d)Subsection 11-14a-1(1)(d)Provision

Source excerpt

“Rejected Project” means a project that a local government entity sought voter approval for general obligation bond financing for but did not receive.

"Rejected Project" means a project for which a local government entity sought voter approval for general obligation bond financing and failed to receive that approval.
Section 11-14a-1(1)(d)Verify source
§ 11-14a-1(2)Subsection 11-14a-1(2)Provision

Source excerpt

A local government entity may not adopt a new debt resolution unless it complies with this section.

Unless a local government entity complies with the requirements of this section, it may not adopt a new debt resolution.
Section 11-14a-1(2)Verify source
§ 11-14a-1(3)Subsection 11-14a-1(3)Provision

Source excerpt

Before adopting a new debt resolution, a local government entity must give public notice of the intent to issue debt and make sure the notice meets stated size, wording, and content requirements.

Before adopting a new debt resolution, a local government entity shall advertise the local government entity's intent to issue debt by providing a notice of that intent for the local government entity, as a class A notice under Section 63G-30-102 , for the two weeks before the meeting at which the resolution will be considered. The local government entity shall ensure that the notice: except for website publication, is at least as large as the bill or other mailing that it accompanies; is entitled, in type size no smaller than 24 point, "Intent to Issue Debt"; and contains the information required by Subsection (3)(c) . The local government entity shall ensure that the advertisement or notice described in Subsection (3)(a) : identifies the local government entity; states that the entity will meet on a day, time, and place identified in the advertisement or notice to hear public comments regarding a resolution authorizing the issuance of debt by the entity and to explain to the public the reasons for the issuance of debt; contains: the name of the entity that will issue the debt; the purpose of the debt; and that type of debt and the maximum principal amount that may be issued; invites all concerned citizens to attend the public hearing; and states that some or all of the proposed debt would fund a project whose general obligation bond financing was rejected by the voters.
Section 11-14a-1(3)Verify source
§ 11-14a-1(3)(a)Subsection 11-14a-1(3)(a)Provision

Source excerpt

A local government entity must advertise its intent to issue debt before adopting a new debt resolution.

Before adopting a new debt resolution, a local government entity shall advertise the local government entity's intent to issue debt by providing a notice of that intent for the local government entity, as a class A notice under Section 63G-30-102 , for the two weeks before the meeting at which the resolution will be considered.
Section 11-14a-1(3)(a)Verify source
§ 11-14a-1(3)(b)Subsection 11-14a-1(3)(b)Provision

Source excerpt

The local government entity must make the notice meet the stated size, heading, and content requirements, except for website publication.

The local government entity shall ensure that the notice: except for website publication, is at least as large as the bill or other mailing that it accompanies; is entitled, in type size no smaller than 24 point, "Intent to Issue Debt"; and contains the information required by Subsection (3)(c) .
Section 11-14a-1(3)(b)Verify source
§ 11-14a-1(3)(b)(i)Subsection 11-14a-1(3)(b)(i)Provision

Source excerpt

An exception applies for website publication.

except for website publication, is at least as large as the bill or other mailing that it accompanies;
Section 11-14a-1(3)(b)(i)Verify source
§ 11-14a-1(3)(b)(ii)Subsection 11-14a-1(3)(b)(ii)Provision

Source excerpt

An entitled party may use the phrase “Intent to Issue Debt” in at least 24-point type.

is entitled, in type size no smaller than 24 point, "Intent to Issue Debt"; and
Section 11-14a-1(3)(b)(ii)Verify source
§ 11-14a-1(3)(b)(iii)Subsection 11-14a-1(3)(b)(iii)Provision

Source excerpt

contains the information required by Subsection (3)(c) .

contains the information required by Subsection (3)(c) .
Section 11-14a-1(3)(b)(iii)Verify source
§ 11-14a-1(3)(c)Subsection 11-14a-1(3)(c)Provision

Source excerpt

The local government entity must make sure the required advertisement or notice includes specified details about the debt hearing, the debt itself, and the public invitation.

The local government entity shall ensure that the advertisement or notice described in Subsection (3)(a) : identifies the local government entity; states that the entity will meet on a day, time, and place identified in the advertisement or notice to hear public comments regarding a resolution authorizing the issuance of debt by the entity and to explain to the public the reasons for the issuance of debt; contains: the name of the entity that will issue the debt; the purpose of the debt; and that type of debt and the maximum principal amount that may be issued; invites all concerned citizens to attend the public hearing; and states that some or all of the proposed debt would fund a project whose general obligation bond financing was rejected by the voters.
Section 11-14a-1(3)(c)Verify source
§ 11-14a-1(3)(c)(i)Subsection 11-14a-1(3)(c)(i)Provision

Source excerpt

identifies the local government entity;

identifies the local government entity;
Section 11-14a-1(3)(c)(i)Verify source
§ 11-14a-1(3)(c)(ii)Subsection 11-14a-1(3)(c)(ii)Provision

Source excerpt

The entity must meet at the advertised day, time, and place to hear public comments and explain the reasons for issuing debt.

states that the entity will meet on a day, time, and place identified in the advertisement or notice to hear public comments regarding a resolution authorizing the issuance of debt by the entity and to explain to the public the reasons for the issuance of debt;
Section 11-14a-1(3)(c)(ii)Verify source
§ 11-14a-1(3)(c)(iii)Subsection 11-14a-1(3)(c)(iii)Provision

Source excerpt

contains: the name of the entity that will issue the debt; the purpose of the debt; and that type of debt and the maximum principal amount that may be issued;

contains: the name of the entity that will issue the debt; the purpose of the debt; and that type of debt and the maximum principal amount that may be issued;
Section 11-14a-1(3)(c)(iii)Verify source
§ 11-14a-1(3)(c)(iii)(A)Subsection 11-14a-1(3)(c)(iii)(A)Provision

Source excerpt

the name of the entity that will issue the debt;

the name of the entity that will issue the debt;
Section 11-14a-1(3)(c)(iii)(A)Verify source
§ 11-14a-1(3)(c)(iii)(B)Subsection 11-14a-1(3)(c)(iii)(B)Provision

Source excerpt

the purpose of the debt; and

the purpose of the debt; and
Section 11-14a-1(3)(c)(iii)(B)Verify source
§ 11-14a-1(3)(c)(iii)(C)Subsection 11-14a-1(3)(c)(iii)(C)Provision

Source excerpt

It refers to a type of debt and the maximum principal amount that may be issued.

that type of debt and the maximum principal amount that may be issued;
Section 11-14a-1(3)(c)(iii)(C)Verify source
§ 11-14a-1(3)(c)(iv)Subsection 11-14a-1(3)(c)(iv)Provision

Source excerpt

invites all concerned citizens to attend the public hearing; and

invites all concerned citizens to attend the public hearing; and
Section 11-14a-1(3)(c)(iv)Verify source
§ 11-14a-1(3)(c)(v)Subsection 11-14a-1(3)(c)(v)Provision

Source excerpt

states that some or all of the proposed debt would fund a project whose general obligation bond financing was rejected by the voters.

states that some or all of the proposed debt would fund a project whose general obligation bond financing was rejected by the voters.
Section 11-14a-1(3)(c)(v)Verify source
§ 11-14a-1(4)Subsection 11-14a-1(4)Amendment

Source excerpt

The local government entity may not increase the maximum principal amount of debt in the final resolution, and it may later adopt, amend and adopt, or reject the resolution without republishing notice.

The resolution considered at the hearing shall identify: the type of debt proposed to be issued; the maximum principal amount that might be issued; the interest rate; the term of the debt; and how the debt will be repaid. Except as provided in Subsection (4)(b)(ii) , the resolution considered at the hearing need not be in final form and need not be adopted or rejected at the meeting at which the public hearing is held. The local government entity may not, in the final resolution, increase the maximum principal amount of debt contained in the notice and discussed at the hearing. The local government entity may adopt, amend and adopt, or reject the resolution at a later meeting without recomplying with the published notice requirements of this section.
Section 11-14a-1(4)Verify source
§ 11-14a-1(4)(a)Subsection 11-14a-1(4)(a)Provision

Source excerpt

The resolution considered at the hearing must identify the debt type, maximum principal amount, interest rate, term, and repayment method.

The resolution considered at the hearing shall identify: the type of debt proposed to be issued; the maximum principal amount that might be issued; the interest rate; the term of the debt; and how the debt will be repaid.
Section 11-14a-1(4)(a)Verify source
§ 11-14a-1(4)(a)(i)Subsection 11-14a-1(4)(a)(i)Provision

Source excerpt

the type of debt proposed to be issued;

the type of debt proposed to be issued;
Section 11-14a-1(4)(a)(i)Verify source
§ 11-14a-1(4)(a)(ii)Subsection 11-14a-1(4)(a)(ii)Provision

Source excerpt

This phrase refers to the highest principal amount that may be issued.

the maximum principal amount that might be issued;
Section 11-14a-1(4)(a)(ii)Verify source
§ 11-14a-1(4)(a)(iii)Subsection 11-14a-1(4)(a)(iii)Provision

Source excerpt

the interest rate;

the interest rate;
Section 11-14a-1(4)(a)(iii)Verify source
§ 11-14a-1(4)(a)(iv)Subsection 11-14a-1(4)(a)(iv)Provision

Source excerpt

the term of the debt; and

the term of the debt; and
Section 11-14a-1(4)(a)(iv)Verify source
§ 11-14a-1(4)(a)(v)Subsection 11-14a-1(4)(a)(v)Provision

Source excerpt

how the debt will be repaid.

how the debt will be repaid.
Section 11-14a-1(4)(a)(v)Verify source
§ 11-14a-1(4)(b)Subsection 11-14a-1(4)(b)Provision

Source excerpt

The resolution at the public hearing does not have to be final, and the local government entity may not increase the maximum principal debt amount in the final resolution, except as provided in Subsection (4)(b)(ii).

Except as provided in Subsection (4)(b)(ii) , the resolution considered at the hearing need not be in final form and need not be adopted or rejected at the meeting at which the public hearing is held. The local government entity may not, in the final resolution, increase the maximum principal amount of debt contained in the notice and discussed at the hearing.
Section 11-14a-1(4)(b)Verify source
§ 11-14a-1(4)(b)(i)Subsection 11-14a-1(4)(b)(i)Provision

Source excerpt

Except as provided in Subsection (4)(b)(ii) , the resolution considered at the hearing need not be in final form and need not be adopted or rejected at the meeting at which the public hearing is held.

Except as provided in Subsection (4)(b)(ii) , the resolution considered at the hearing need not be in final form and need not be adopted or rejected at the meeting at which the public hearing is held.
Section 11-14a-1(4)(b)(i)Verify source
§ 11-14a-1(4)(b)(ii)Subsection 11-14a-1(4)(b)(ii)Provision

Source excerpt

The local government entity may not increase the maximum principal amount of debt in the final resolution beyond what was in the notice and discussed at the hearing.

The local government entity may not, in the final resolution, increase the maximum principal amount of debt contained in the notice and discussed at the hearing.
Section 11-14a-1(4)(b)(ii)Verify source
§ 11-14a-1(4)(c)Subsection 11-14a-1(4)(c)Amendment

Source excerpt

A local government entity may later adopt, amend and adopt, or reject a resolution without repeating the published notice requirements.

The local government entity may adopt, amend and adopt, or reject the resolution at a later meeting without recomplying with the published notice requirements of this section.
Section 11-14a-1(4)(c)Verify source

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