63G-7-702. Payment of claim or judgment against political subdivision — Procedure by governing body — Payment options.
| (1) |
Terms Used In Utah Code 63G-7-702- Claim: means any asserted demand for or cause of action for money or damages, whether arising under the common law, under state constitutional provisions, or under state statutes, against a governmental entity or against an employee in the employee's personal capacity. See Utah Code 63G-7-102
- Contract: A legal written agreement that becomes binding when signed.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 63G-7-102
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
| (a) |
Each claim approved by a political subdivision or any final judgment obtained against a political subdivision shall be submitted to the governing body of the political subdivision. |
| (b) |
The governing body shall pay the claim immediately from the general funds of the political subdivision unless:
| (i) |
the funds are appropriated to some other use or restricted by law or contract for other purposes; |
| (ii) |
the political subdivision opts to pay the claim or award in installments under Subsection (2); or |
| (iii) |
the political subdivision elects to bond for the portion of the claim, judgment, or settlement that exceeds $3,000,000 in accordance with Subsection 11-14-103(1)(d). |
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| (2) |
Except as provided in Subsection (3), if the subdivision is unable to pay the claim or award during the current fiscal year, it may pay the claim or award in not more than 10 ensuing annual installments of equal size or in whatever other installments that are agreeable to the claimant. |
| (3) |
If a political subdivision elects to bond for the portion of a claim, judgment, or settlement that exceeds $3,000,000 in accordance with Subsection 11-14-103(1)(d), the political subdivision may issue bonds with a maturity date not to exceed 21 years. |
Amended by Chapter 386, 2016 General Session
