11-8-1 - Contracts for joint use, operation, and ownership of sewage lines and sewage treatment and disposal systems.
11-8-1. Contracts for joint use, operation, and ownership of sewage lines andsewage treatment and disposal systems.
Any county, incorporated municipality, improvement district, taxing district or otherpolitical subdivision of the state of Utah which now or hereafter owns and operates sanitarysewer facilities (each of which is hereinafter referred to as a "public owner") is hereby grantedauthority:
(1) To enter into long-term contracts with any other public owner or public ownerspursuant to which sewage lines, sewage treatment and sewage disposal facilities, or any partthereof, of one or more public owners shall be available for collection, treatment and disposal, orany part thereof, of the sewage collected by one or more other public owners, or of sewagecollected jointly, pursuant to such terms and conditions and for such consideration as may beprovided in such contracts. Annual payments due by any such public owner for services receivedunder any such contract may not be construed to be an indebtedness of such public owner withinthe meaning of any constitutional or statutory restriction, and no election shall be necessary forthe authorization of such contract. Any public owner or owners so contracting to make availablesewage collection, sewage treatment and disposal facilities, or any part thereof, may in any suchcontract agree to make available to such other public owner or owners a specified part of itsfacilities, without regard to its future need of such specified part for its own use, and may in suchcontract agree to increase the capacity of its facilities from time to time in the future if necessaryin order to take care of its own needs and to perform its obligations to the other parties to suchcontract.
(2) To construct or otherwise acquire joint interests in, and to own jointly, sewer lines,sewage treatment and disposal facilities, or any part thereof for their common use. To such end,any public owner may sell to any other public owner or owners a partial interest or interests inany of its sewer lines, sewage treatment and disposal facilities. Any public owner may issue itsbonds for the purpose of acquiring such joint interest in sewer lines, sewage treatment anddisposal facilities, or any part thereof, whether such joint interest is to be acquired through theconstruction of new facilities or the purchase of such interest in existing facilities, which bondsmay be issued under the provisions and in the manner provided in any available law authorizingthe issuance of bonds for the acquisition of sanitary sewer facilities by such public owner.
(3) To operate jointly with any other public owner or owners, sewer lines, sewagetreatment and disposal facilities, or any part thereof, which they may own jointly.
Amended by Chapter 378, 2010 General Session