(1)  A public body may, at any time after it has authorized the issuance of bonds for other than a project financing involving more than one series of bonds to finance such project or at any time after it has authorized the issuance of the first series of bonds to finance a project in more than one series, but before the issuance and delivery of any such bonds or such first series of bonds, as the case may be, file a petition to establish the validity of such bonds.

Terms Used In Utah Code 11-30-3

  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Attorney general: means the attorney general of the state or one of his assistants. See Utah Code 11-30-2
  • Bonds: means any evidence or contract of indebtedness that is issued or authorized by a public body, including, without limitation, bonds, refunding bonds, advance refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of indebtedness, warrants, commercial paper, contracts, and leases, whether they are general obligations of the issuing public body or are payable solely from a specified source, including annual appropriations by the public body. See Utah Code 11-30-2
  • Contract: A legal written agreement that becomes binding when signed.
  • County attorney: means the county attorney of a county or one of his assistants. See Utah Code 11-30-2
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public body: means the state or any agency, authority, instrumentality, or institution of the state, or any county, municipality, quasi-municipal corporation, school district, special district, special service district, political subdivision, or other governmental entity existing under the laws of the state, whether or not possessed of any taxing power. See Utah Code 11-30-2
  • Validity: means any matter relating to the legality and validity of the bonds and the security therefor, including, without limitation, the legality and validity of:
(a) a public body's authority to issue and deliver the bonds;
(b) any ordinance, resolution, or statute granting the public body authority to issue and deliver the bonds;
(c) all proceedings, elections, if any, and any other actions taken or to be taken in connection with the issuance, sale, or delivery of the bonds;
(d) the purpose, location, or manner of the expenditure of funds;
(e) the organization or boundaries of the public body;
(f) any assessments, taxes, rates, rentals, fees, charges, or tolls levied or that may be levied in connection with the bonds;
(g) any lien, proceeding, or other remedy for the collection of those assessments, taxes, rates, rentals, fees, charges, or tolls;
(h) any contract or lease executed or to be executed in connection with the bonds;
(i) the pledge of any taxes, revenues, receipts, rentals, or property, or encumbrance thereon or security interest therein to secure the bonds; and
(j) any covenants or provisions contained in or to be contained in the bonds. See Utah Code 11-30-2
(2)  The petition shall be filed in the district court of the county in which the public body maintains its principal office, and shall name as defendants all taxpayers, property owners, citizens of the public body, including nonresidents owning property or subject to taxation therein, all other persons having or claiming any right, title, or interest in any property or funds affected by or to be affected by the bonds, all parties to any contract or instrument which is part of the validation proceedings, and, pursuant to Section 11-30-6, either the attorney general or the county attorney of the county in which the largest expenditure of proceeds of the bonds is expected to be made.

(3)  The petition shall set forth and affirm, by proper allegation of law and fact:

(a)  the statutory authority by which the petition is filed;

(b)  the statutory authority by which the public body authorized the issuance of the bonds;

(c)  the ordinance, resolution, or other proceedings by which the public body authorized the issuance and delivery of the bonds;

(d)  the holding of an election and the results of that election, if an election was required;

(e)  the purpose of the bonds; and

(f)  the source of funds from which the bonds are to be paid.

(4)  The petitioner may set forth any additional information with respect to such bonds and any questions of law or fact concerning the validity of the bonds that the petitioner desires the court to adjudicate separately in rendering its judgment, as well as those allegations of law or fact necessary to its consideration.

(5)  The petitioner shall then petition the court to render judgment affirming the validity of the bonds and to pass upon any questions for separate adjudication set forth in the petition. Any petitioner may amend or supplement the petition at any time on or before the hearing, but not thereafter without permission of the court.

(6)  No amendment or supplement may require republication of the order unless there has been a change in the issuer or there has been a substantial change in the use of the proceeds or the manner of repayment of the bonds.

Enacted by Chapter 197, 1987 General Session

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