11-13-202.  Agreements for joint or cooperative undertaking, for providing or exchanging services, or for law enforcement services — Effective date of agreement — Public agencies may restrict their authority or exempt each other regarding permits and fees.

(1)  Any two or more public agencies may enter into an agreement with one another under this chapter:

Terms Used In Utah Code 11-13-202

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interlocal entity: means :
(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or
(b) a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103
  • Joint or cooperative undertaking: means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. See Utah Code 11-13-103
  • Public agency: means :
    (a) a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state;
    (b) the state or any department, division, or agency of the state;
    (c) any agency of the United States;
    (d) any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or
    (e) any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103
  • Statute: A law passed by a legislature.
  • Transportation reinvestment zone: means an area created by two or more public agencies by interlocal agreement to capture increased property or sales tax revenue generated by a transportation infrastructure project as described in Section 11-13-227. See Utah Code 11-13-103
    • (a)  for joint or cooperative action;

    (b)  to provide services that they are each authorized by statute to provide;

    (c)  to exchange services that they are each authorized by statute to provide;

    (d)  for a public agency to provide law enforcement services to one or more other public agencies, if the public agency providing law enforcement services under the interlocal agreement is authorized by law to provide those services, or to provide joint or cooperative law enforcement services between or among public agencies that are each authorized by law to provide those services;

    (e)  to create a transportation reinvestment zone as defined in Section 11-13-103; or

    (f)  to do anything else that they are each authorized by statute to do.

    • (2)  An agreement under Subsection (1) does not take effect until each public agency that is a party to the agreement approves the agreement, as provided in Section 11-13-202.5.

    (3) 

    (a)  In an agreement under Subsection (1), a public agency that is a party to the agreement may agree:

    (i)  to restrict its authority to issue permits to or assess fees from another public agency that is a party to the agreement; and

    (ii)  to exempt another public agency that is a party to the agreement from permit or fee requirements.

    (b)  A provision in an agreement under Subsection (1) whereby the parties agree as provided in Subsection (3)(a) is subject to all remedies provided by law and in the agreement, including injunction, mandamus, abatement, or other remedy to prevent, enjoin, abate, or enforce the provision.

    (4)  In an interlocal agreement between a county and one or more municipalities for law enforcement service within an area that includes some or all of the unincorporated area of the county, each county and municipality that is a party to the agreement shall ensure that the agreement requires:

    (a)  in a county of the second through sixth class, the county sheriff to provide or direct the law enforcement service provided under the agreement; or

    (b)  in a county of the first class, the chief executive for law enforcement services to be appointed to provide or direct the law enforcement service provided under the agreement.

    (5)  A peace officer employed by the interlocal entity, as defined in Section 11-13-103, as of May 3, 2023, who transfers to the county sheriff’s office before July 1, 2025, retains the protections of 3.

    Amended by Chapter 181, 2023 General Session

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