(1) 

Terms Used In Utah Code 11-13-212

  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • 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)  Public agencies may contract with each other and one or more public agencies may contract with an interlocal entity created under this chapter to perform any service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform.

    (b)  Each contract under Subsection (1)(a) shall be authorized as provided in Section 11-13-202.5.

    (c)  Each contract under Subsection (1)(a) shall set forth fully the purposes, powers, rights, objectives, and responsibilities of the contracting parties.

    (d)  In order to perform a service, activity, or undertaking provided for in a contract under Subsection (1)(a), a public agency may create, construct, or otherwise acquire facilities or improvements in excess of those required to meet the needs and requirements of the parties to the contract.

    • (2)  An interlocal entity created by agreement under this chapter may create, construct, or otherwise acquire facilities or improvements to render services or provide benefits in excess of those required to meet the needs or requirements of the public agencies that are parties to the agreement if it is determined by the public agencies to be necessary to accomplish the purposes and realize the benefits set forth in Section 11-13-102.

    Amended by Chapter 38, 2003 General Session

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