Utah Code 11-13-219. Publication of resolutions or agreements — Contesting legality of resolution or agreement

11-13-219. Publication of resolutions or agreements — Contesting legality of resolution or agreement.

(1)

As used in this section:

Terms Used In Utah Code 11-13-219

Contract: A legal written agreement that becomes binding when signed.
Governing authority: means a governing board or joint administrator. 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

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Person: means :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)

“Enactment” means:

(i)	a resolution adopted or proceedings taken by a governing body under the authority of this chapter, and includes a resolution, indenture, or other instrument providing for the issuance of bonds; and

(ii)	an agreement or other instrument that is authorized, executed, or approved by a governing body under the authority of this chapter.

(b)

“Governing body” means:

(i)	the legislative body of a public agency; or

(ii)	the governing authority of an interlocal entity created under this chapter.

(c)	“Notice of agreement” means the notice authorized by Subsection (3)(c).

(d)	“Notice of bonds” means the notice authorized by Subsection (3)(d).

(2)	Any enactment taken or made under the authority of this chapter is not subject to referendum.

(3)

(a)	A governing body need not publish any enactment taken or made under the authority of this chapter.

(b)	A governing body may provide for the publication of any enactment taken or made by it under the authority of this chapter according to the publication requirements established by this section.

(c)

(i)

If the enactment is an agreement, document, or other instrument, or a resolution or other proceeding authorizing or approving an agreement, document, or other instrument, the governing body may, instead of publishing the full text of the agreement, resolution, or other proceeding, publish a notice of agreement containing:

(A)	the names of the parties to the agreement;

(B)	the general subject matter of the agreement;

(C)	the term of the agreement;

(D)	a description of the payment obligations, if any, of the parties to the agreement; and

(E)	a statement that the resolution and agreement will be available for review at the governing body’s principal place of business during regular business hours for 30 days after the publication of the notice of agreement.

(ii)	The governing body shall make a copy of the resolution or other proceeding and a copy of the contract available at its principal place of business during regular business hours for 30 days after the publication of the notice of agreement.

(d)

If the enactment is a resolution or other proceeding authorizing the issuance of bonds, the governing body may, instead of publishing the full text of the resolution or other proceeding and the documents pertaining to the issuance of bonds, publish a notice of bonds that contains the information described in Subsection 11-14-316(2).

(4)

(a)	If the governing body chooses to publish an enactment, notice of bonds, or notice of agreement, the governing body shall comply with the requirements of this Subsection (4).

(b)	The governing body shall post the enactment, notice of bonds, or notice of agreement for the governing body’s geographic jurisdiction, as a class A notice under Section 63G-30-102, for 30 days.

(5)

(a)	Any person in interest may contest the legality of an enactment or any action performed or instrument issued under the authority of the enactment for 30 days after the posting of the enactment, notice of bonds, or notice of agreement.

(b)	After the 30 days have passed, no one may contest the regularity, formality, or legality of the enactment or any action performed or instrument issued under the authority of the enactment for any cause whatsoever.

Amended by Chapter 435, 2023 General Session

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