17C-1-504. Contesting the legality of resolution authorizing bonds — Time limit — Presumption.
| (1) |
Any person may contest the legality of the resolution authorizing issuance of the bond or any provisions for the security and payment of the bond for a period of 30 days after:
Terms Used In Utah Code 17C-1-504- Contest: means to file a written complaint in the district court of the county in which the agency is located. See Utah Code 17C-1-102
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Person: means :Utah Code 68-3-12.5
- Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
- Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
| (a) |
publication of the resolution authorizing the bond; or |
| (b) |
publication of a notice of bond containing substantially the items required under Subsection 11-14-316(2). |
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| (2) |
After the 30-day period described in Subsection (1), no person may bring a lawsuit or other proceeding contesting the regularity, formality, or legality of the bond for any reason. |
| (3) |
In a lawsuit or other proceeding involving the question of whether a bond issued under this part is valid or enforceable or involving the security for a bond, if a bond recites that the agency issued the bond in connection with project area development:
| (a) |
the bond shall be conclusively presumed to have been issued for that purpose; and |
| (b) |
the project area plan and project area shall be conclusively presumed to have been properly formed, adopted, planned, located, and implemented in accordance with this title. |
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Amended by Chapter 350, 2016 General Session
