Utah Code 11-13-202.5. Approval of certain agreements — Review by attorney
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(1) Each agreement under Section 11-13-202 and each agreement under Section 11-13-212 shall be approved by:
Terms Used In Utah Code 11-13-202.5
- Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
- 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.
- Interlocal entity: means :(12)(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or(12)(b) a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103
- Out-of-state public agency: means a public agency as defined in Subsection (19)(c), (d), or (e). See Utah Code 11-13-103
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public agency: means :
(19)(a) a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state;(19)(b) the state or any department, division, or agency of the state;(19)(c) any agency of the United States;(19)(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(19)(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- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) except as provided in Subsections (1)(b) and (c), the commission, board, council, or other body or officer vested with the executive power of the public agency;(1)(b) the legislative body of the public agency if the agreement:(1)(b)(i) requires the public agency to adjust its budget for a current or future fiscal year;(1)(b)(ii) includes an out-of-state public agency as a party;(1)(b)(iii) provides for the public agency to acquire or construct:(1)(b)(iii)(A) a facility; or(1)(b)(iii)(B) an improvement to real property;(1)(b)(iv) provides for the public agency to acquire or transfer title to real property;(1)(b)(v) provides for the public agency to issue bonds;(1)(b)(vi) creates an interlocal entity; or(1)(b)(vii) provides for the public agency to share taxes or other revenues; or(1)(c) if the public agency is a public agency under Subsection 11-13-103(19)(b), the director or other head of the applicable state department, division, or agency.(2) If an agreement is required under Subsection (1) to be approved by the public agency’s legislative body, the resolution or ordinance approving the agreement shall:(2)(a) specify the effective date of the agreement; and(2)(b) if the agreement creates an interlocal entity:(2)(b)(i) declare that it is the legislative body’s intent to create an interlocal entity;(2)(b)(ii) describe the public purposes for which the interlocal entity is created; and(2)(b)(iii) describe the powers, duties, and functions of the interlocal entity.(3) The officer or body required under Subsection (1) to approve an agreement shall, before the agreement may take effect, submit the agreement to the attorney authorized to represent the public agency for review as to proper form and compliance with applicable law.