Utah Code 11-13-206. Requirements for agreements for joint or cooperative action

11-13-206. Requirements for agreements for joint or cooperative action.

(1)

Each agreement under Section 11-13-202, 11-13-203, 11-13-205, or 11-13-227 shall specify:

Terms Used In Utah Code 11-13-206

Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103
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

Member: means a public agency that, with another public agency, creates an interlocal entity under Section 11-13-203. See Utah Code 11-13-103

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Property: includes both real and personal property. See Utah Code 68-3-12.5

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
(a)	its duration;

(b)

if the agreement creates an interlocal entity:

(i)	the precise organization, composition, and nature of the interlocal entity;

(ii)	the powers delegated to the interlocal entity;

(iii)

the manner in which the interlocal entity is to be governed; and

(iv)	subject to Subsection (2), the manner in which the members of its governing board are to be appointed or selected;

(c)	its purpose or purposes;

(d)	the manner of financing the joint or cooperative action and of establishing and maintaining a budget for it;

(e)	the permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;

(f)	the process, conditions, and terms for withdrawal of a participating public agency from the interlocal entity or the joint or cooperative undertaking;

(g)

(i)	whether voting is based upon one vote per member or weighted; and

(ii)	if weighted voting is allowed, the basis upon which the vote weight will be determined; and

(h)	any other necessary and proper matters.

(2)	Each agreement under Section 11-13-203 or 11-13-205 that creates an interlocal entity shall require that Utah public agencies that are parties to the agreement have the right to appoint or select members of the interlocal entity’s governing board with a majority of the voting power.

Amended by Chapter 424, 2018 General Session

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