11-13-219 - Publication of resolutions or agreements -- Contesting legality of resolution or agreement.
11-13-219. Publication of resolutions or agreements -- Contesting legality ofresolution or agreement.
(1) As used in this section:
(a) "Enactment" means:
(i) a resolution adopted or proceedings taken by a governing body under the authority ofthis chapter, and includes a resolution, indenture, or other instrument providing for the issuanceof bonds; and
(ii) an agreement or other instrument that is authorized, executed, or approved by agoverning body under the authority of this chapter.
(b) "Governing body" means:
(i) the legislative body of a public agency; and
(ii) the governing body of an interlocal entity created under this chapter.
(c) "Notice of bonds" means the notice authorized by Subsection (3)(d).
(d) "Notice of agreement" means the notice authorized by Subsection (3)(c).
(e) "Official newspaper" means the newspaper selected by a governing body underSubsection (4)(b) to publish its enactments.
(2) Any enactment taken or made under the authority of this chapter is not subject toreferendum.
(3) (a) A governing body need not publish any enactment taken or made under theauthority of this chapter.
(b) A governing body may provide for the publication of any enactment taken or made byit under the authority of this chapter according to the publication requirements established by thissection.
(c) (i) If the enactment is an agreement, document, or other instrument, or a resolution orother proceeding authorizing or approving an agreement, document, or other instrument, thegoverning body may, instead of publishing the full text of the agreement, resolution, or otherproceeding, publish a notice of agreement containing:
(A) the names of the parties to the agreement;
(B) the general subject matter of the agreement;
(C) the term of the agreement;
(D) a description of the payment obligations, if any, of the parties to the agreement; and
(E) a statement that the resolution and agreement will be available for review at thegoverning body's principal place of business during regular business hours for 30 days after thepublication of the notice of agreement.
(ii) The governing body shall make a copy of the resolution or other proceeding and acopy of the contract available at its principal place of business during regular business hours for30 days after the publication of the notice of agreement.
(d) If the enactment is a resolution or other proceeding authorizing the issuance of bonds,the governing body may, instead of publishing the full text of the resolution or other proceedingand the documents pertaining to the issuance of bonds, publish a notice of bonds that contains theinformation described in Subsection 11-14-316(2).
(4) (a) If the governing body chooses to publish an enactment, notice of bonds, or noticeof agreement, the governing body shall comply with the requirements of this Subsection (4).
(b) If there is more than one newspaper of general circulation, or more than onenewspaper, published within the boundaries of the governing body, the governing body may
designate one of those newspapers as the official newspaper for all publications made under thissection.
(c) (i) (A) The governing body shall publish the enactment, notice of bonds, or notice ofagreement in:
(I) the official newspaper;
(II) the newspaper published in the municipality in which the principal office of thegovernmental entity is located; or
(III) if no newspaper is published in that municipality, in a newspaper having generalcirculation in the municipality; and
(B) as required in Section 45-1-101.
(ii) The governing body may publish the enactment, notice of bonds, or notice ofagreement:
(A) (I) in a newspaper of general circulation; or
(II) in a newspaper that is published within the boundaries of any public agency that is aparty to the enactment or agreement; and
(B) as required in Section 45-1-101.
(5) (a) Any person in interest may contest the legality of an enactment or any actionperformed or instrument issued under the authority of the enactment for 30 days after thepublication of the enactment, notice of bonds, or notice of agreement.
(b) After the 30 days have passed, no one may contest the regularity, formality, orlegality of the enactment or any action performed or instrument issued under the authority of theenactment for any cause whatsoever.
Amended by Chapter 388, 2009 General Session