11-13-208.  Agreement does not relieve public agency of legal obligation or responsibility — Exception.

(1)  Except as provided in Subsection (2), an agreement made under this chapter does not relieve a public agency of an obligation or responsibility imposed upon it by law.

Terms Used In Utah Code 11-13-208

  • 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
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
    (2)  If an obligation or responsibility of a public agency is actually and timely performed by a joint or cooperative undertaking or by an interlocal entity created by an agreement made under this chapter, that performance may be offered in satisfaction of the obligation or responsibility.

    Amended by Chapter 265, 2015 General Session