19-6-505 - Long-term agreements for joint action -- Construction, acquisition, or sale of interest in management facilities -- Issuance of bonds.
19-6-505. Long-term agreements for joint action -- Construction, acquisition, orsale of interest in management facilities -- Issuance of bonds.
(1) (a) Two or more public entities, which for the purposes of this section shall onlyinclude any political subdivision of the state, the state and its agencies, and the United States andits agencies, may enter into long-term agreements with one another pursuant to Title 11, Chapter13, Interlocal Cooperation Act, and any one or more public entities may enter into long-termagreements with any private entity or entities for joint or cooperative action related to theacquisition, construction, ownership, operation, maintenance, and improvement of solid wastemanagement facilities, regardless of whether the facilities are owned or leased by a public entityor entities, private entity or entities, or combination of them and pursuant to which solid waste ofone or more public entities, any private entity or entities, or combination of them, are madeavailable for solid waste management pursuant to the terms, conditions, and considerationprovided in the agreement.
(b) Any payments made by a public entity for services received under the agreement arenot an indebtedness of the public entity within the meaning of any constitutional or statutoryrestriction, and no election is necessary for the authorization of the agreement.
(c) Any public entity or any public entity in combination with a private entity agreeing tomake solid waste management facilities available may, in the agreement, agree to make availableto other public entities a specified portion of the capacity of the solid waste managementfacilities, without regard to its future need of the specified capacity for its own use and may in theagreement agree to increase the capacity of its solid waste management facilities from time totime, as necessary, in order to take care of its own needs and to perform its obligations to theother parties to the agreement.
(2) (a) Two or more public entities or any one or more public entities together with anyprivate entity or entities may construct or otherwise acquire joint interests in solid wastemanagement facilities, or any part of them, for their common use, or may sell to any other publicor private entity or entities a partial interest or interests in its solid waste management facility.
(b) Any public entity otherwise qualifying under Title 11, Chapter 14, Local GovernmentBonding Act or Title 11, Chapter 17, Utah Industrial Facilities and Development Act may issueits bonds pursuant to these acts for the purpose of acquiring a joint interest in solid wastemanagement facilities, or any part thereof, whether the joint interest is to be acquired throughconstruction of new facilities or the purchase of an interest in existing facilities.
Amended by Chapter 105, 2005 General Session