Utah Code 11-30-6. Contest of petition by attorney general or county attorney — Attorney general and county attorney as parties
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(1) | A copy of the petition and order shall be served on the attorney general at least 20 days before the hearing. Upon receipt of the petition, the attorney general shall carefully examine the petition and, if the petition is believed to be defective, insufficient, or untrue, or if, in the attorney general’s opinion, a reasonable question exists as to the validity of the bonds, the attorney general shall contest the petition. If neither of those conditions exists or if one or more other parties to the action will, in the attorney general’s opinion, competently contest the petition, the attorney general may, upon approval of the court, be dismissed as a defendant. |
(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) | If the petition is filed by the state or any agency, authority, instrumentality, or institution of the state, the attorney general may not be made a party to the proceeding and notice shall be served on the county attorney in the county in which the largest expenditure of the proceeds of the bonds is expected to be made. That county attorney shall then in all respects perform the role of the attorney general as set forth in this section. |
(3) | The attorney general or county attorney, as the case may be, may waive his right of appeal and that waiver shall be binding on all successors and assigns. |
(4) | All costs of the attorney general or county attorney incurred in performing duties imposed by this section shall be reimbursed from the proceeds of the bonds if the bonds are issued. |
Enacted by Chapter 197, 1987 General Session