Interlocal Cooperation Act. For the purpose of satisfying specific requirements of the Interlocal Cooperation Act, the Parties agree as follows: a. The Parties do not, nor intend to, create an interlocal entity by entering into this Agreement. b. Each Party has submitted this Agreement to an attorney authorized to represent the said Party for review as to proper form and compliance with applicable law. c. The duration of this Agreement is as set forth in Sections 4 and 5 above. d. Each Party shall be responsible for formulating and approving its annual budget and the District shall be responsible for budgeting for each infrastructure project that will be funded through one or more bonds issued by the District as provided in this Agreement. e. Each Party will acquire, hold, and dispose of its own real and personal property and there will be no jointly owned property upon the partial or complete termination of this Agreement. Notwithstanding the foregoing, however, upon completion of construction, the District will transfer ownership of infrastructure to the District Member having jurisdiction over the location where the infrastructure is located and, upon withdrawal from the District, infrastructure owned by the District that is located within the boundary of the Withdrawing Member will be transferred and conveyed to the Withdrawing Member. f. Inasmuch as each District Member is represented on the Board of Trustees of the District, to the extent necessary to administer the cooperative undertaking set forth in this Agreement, the Board of Trustees of the District shall have the full authority and responsibility to administer the cooperative undertaking on behalf of the Parties and, to the extent that voting is required, voting shall be weighted as provided in Utah Code Xxx. § 17B-2a-1106(3). g. Since this Agreement cannot take effect under the Interlocal Cooperation Act until it is approved, signed, and filed with the keeper of records of each of the Parties, each Party agrees, promptly upon its mutual execution and delivery, to file a copy of the signed Agreement with the keeper of records of the said Party. h. Notwithstanding anything herein to the contrary, in the event that this Agreement does not satisfy any requirement of the Interlocal Cooperation Act, which failure would cause this Agreement to fail to be effective under the Interlocal Cooperation Act, this Agreement shall nevertheless be fully binding upon and enforceable by the Parties pursuant to law outside of the application of the Interlocal Cooperation Act.
Appears in 3 contracts
Samples: Interlocal Cooperation Agreement, Interlocal Cooperation Agreement, Interlocal Cooperation Agreement
Interlocal Cooperation Act. For the purpose of satisfying specific requirements of the Interlocal Cooperation Act, the Parties agree as follows:
a. The Parties do not, nor intend to, create an interlocal entity by entering into this Agreement.
b. Each Party has submitted this Agreement to an attorney authorized to represent the said Party for review as to proper form and compliance with applicable law.
c. The duration of this Agreement is as set forth in Sections 4 5 and 5 6 above.
d. Each Party The District is funded by the County transferring unincorporated area sales tax revenues and the Members transferring their respective incorporated area sales tax revenues to the District, which are the primary sources of funds for the District to make payments to the County as required by this Agreement. In the event and to the extent such funds are not timely provided to the District by the County, the District’s obligations to make payments to the County hereunder shall be proportionately abated until such time as the required funding is provided by the County.
e. The District shall be responsible for formulating and approving its annual budget and the District County shall be responsible for budgeting for formulating and approving its annual budget and, in particular, the annual budget of each infrastructure project County division and department that will be funded through one or more bonds issued by may provide any Service to the District as provided in this Agreement.
e. f. Each Party will acquire, hold, and dispose of its own real and personal property and there will be no jointly owned property upon the partial or complete termination of this Agreement. Notwithstanding , including the foregoing, however, upon completion termination of construction, the District will transfer ownership of infrastructure any Service to the District Member having jurisdiction over the location where the infrastructure is located and, upon withdrawal from the District, infrastructure owned by the District that is located within the boundary of the Withdrawing Member will be transferred and conveyed to the Withdrawing Memberprovided hereunder.
f. Inasmuch as each District Member is represented on the Board of Trustees of the District, to g. To the extent necessary to administer the cooperative undertaking set forth in this Agreement, the Board of Trustees General Manager of the District shall have the full authority and responsibility to administer the cooperative undertaking on behalf of the Parties andDistrict, and any representative designated by the Mayor of the County shall have the full authority and responsibility to administer the cooperative undertaking on behalf of the County. Although it is not anticipated that voting will be required, to the extent that voting is required, voting shall be weighted as provided in Utah Code Xxx. § 17B-2a-1106(3)made on the basis of one vote per Party, and not weighted.
g. h. Since this Agreement cannot take effect under the Interlocal Cooperation Act until it is approved, signed, and filed with the keeper of records of each of the Parties, each Party agrees, promptly immediately upon its mutual approval and execution and deliveryof this Agreement, to file a copy of the signed Agreement with the keeper of records of the said Party.
h. i. Notwithstanding anything herein to the contrary, in the event that this Agreement does not satisfy any requirement of the Interlocal Cooperation Act, which failure would cause this Agreement to fail to be effective under the Interlocal Cooperation Act, this Agreement shall nevertheless be fully binding upon and enforceable by the Parties pursuant to law outside of the application of the Interlocal Cooperation Act.
Appears in 1 contract
Samples: Interlocal Agreement
Interlocal Cooperation Act. For the purpose of satisfying specific requirements of the Interlocal Cooperation Act, the Parties agree as follows:
a. The Parties do not, nor intend to, create an interlocal entity by entering into this Agreement.
b. Each Party has submitted this Agreement to an attorney authorized to represent the said Party for review as to proper form and compliance with applicable law.
c. The duration of this Agreement is as set forth in Sections 4 and 5 above.
d. Each Party The District is funded by the County transferring unincorporated area sales tax revenues and other revenues attributable to the unincorporated area, and the Members transferring their respective incorporated area sales tax revenues to the District, which are the primary sources of funds for the District to make payments to the County as required by this Agreement. In the event and to the extent such funds are not timely provided to the District by the County, the District’s obligations to make payments to the County hereunder shall be proportionately abated until such time as the required funding is provided by the County.
e. The District shall be responsible for formulating and approving its annual budget and the District County shall be responsible for budgeting for formulating and approving its annual budget and, in particular, the annual budget of each infrastructure project County division and department that will be funded through one or more bonds issued by may provide any Service to the District as provided in this Agreement.
e. f. Each Party will acquire, hold, and dispose of its own real and personal property and there will be no jointly owned property upon the partial or complete termination of this Agreement. Notwithstanding , including the foregoing, however, upon completion termination of construction, the District will transfer ownership of infrastructure any Service to the District Member having jurisdiction over the location where the infrastructure is located and, upon withdrawal from the District, infrastructure owned by the District that is located within the boundary of the Withdrawing Member will be transferred and conveyed to the Withdrawing Memberprovided hereunder.
f. Inasmuch as each District Member is represented on the Board of Trustees of the District, to g. To the extent necessary to administer the cooperative undertaking set forth in this Agreement, the Board of Trustees General Manager of the District shall have the full authority and responsibility to administer the cooperative undertaking on behalf of the Parties andDistrict, and any representative designated by the Mayor of the County shall have the full authority and responsibility to administer the cooperative undertaking on behalf of the County. Although it is not anticipated that voting will be required, to the extent that voting is required, voting shall be weighted as provided in Utah Code Xxx. § 17B-2a-1106(3)made on the basis of one vote per Party, and not weighted.
g. h. Since this Agreement cannot take effect under the Interlocal Cooperation Act until it is approved, signed, and filed with the keeper of records of each of the Parties, each Party agrees, promptly immediately upon its mutual approval and execution and deliveryof this Agreement, to file a copy of the signed Agreement with the keeper of records of the said Party.
h. i. Notwithstanding anything herein to the contrary, in the event that this Agreement does not satisfy any requirement of the Interlocal Cooperation Act, which failure would cause this Agreement to fail to be effective under the Interlocal Cooperation Act, this Agreement shall nevertheless be fully binding upon and enforceable by the Parties pursuant to law outside of the application of the Interlocal Cooperation Act.
Appears in 1 contract
Samples: Interlocal Agreement
Interlocal Cooperation Act. For the purpose of satisfying specific requirements of the Interlocal Cooperation Act, the Parties agree as follows:
a. The Parties do not, nor intend to, create an interlocal entity by entering into this Agreement.
b. Each Party has submitted this Agreement to an attorney authorized to represent the said Party for review as to proper form and compliance with applicable law.
c. The duration of this Agreement is as set forth in Sections 4 5 and 5 6 above.
d. Each Party The District is funded by the County per Interlocal Agreement and state statute.
e. The District shall be responsible for formulating and approving its annual budget and the District County shall be responsible for budgeting for formulating and approving its annual budget and, in particular, the annual budget of each infrastructure project County division and department that will be funded through one or more bonds issued by may provide any Service to the District or Members as provided in this Agreement.
e. f. Each Party will acquire, hold, and dispose of its own real and personal property and there will be no jointly owned property upon the partial or complete termination of this Agreement. Notwithstanding , including the foregoing, however, upon completion termination of construction, the District will transfer ownership of infrastructure any Service to the District Member having jurisdiction over the location where the infrastructure is located and, upon withdrawal from the District, infrastructure owned by the District that is located within the boundary of the Withdrawing Member will be transferred and conveyed to the Withdrawing Memberprovided hereunder.
f. Inasmuch as each District Member is represented on the Board of Trustees of the District, to g. To the extent necessary to administer the cooperative undertaking set forth in this Agreement, the Board of Trustees General Manager of the District shall have the full authority and responsibility to administer the cooperative undertaking on behalf of the Parties andDistrict, the Mayor of each Member shall have the full authority and responsibility to administer the cooperative undertaking on behalf of the Member, and any representative designated by the Mayor of the County shall have the full authority and responsibility to administer the cooperative undertaking on behalf of the County. Although it is not anticipated that voting will be required, to the extent that voting is required, voting shall be weighted as provided in Utah Code Xxx. § 17B-2a-1106(3)made on the basis of one vote per Party, and not weighted.
g. h. Since this Agreement cannot take effect under the Interlocal Cooperation Act until it is approved, signed, and filed with the keeper of records of each of the Parties, each Party agrees, promptly immediately upon its mutual approval and execution and deliveryof this Agreement, to file a copy of the signed Agreement with the keeper of records of the said Party.
h. i. Notwithstanding anything herein to the contrary, in the event that this Agreement does not satisfy any requirement of the Interlocal Cooperation Act, which failure would cause this Agreement to fail to be effective under the Interlocal Cooperation Act, this Agreement shall nevertheless be fully binding upon and enforceable by the Parties pursuant to law outside of the application of the Interlocal Cooperation Act.
Appears in 1 contract
Samples: Interlocal Agreement
Interlocal Cooperation Act. The Parties enter into this Agreement pursuant to the Interlocal Cooperation Act. For the purpose of satisfying specific requirements of the Interlocal Cooperation Act, the Parties agree as follows:
a. The Parties do not, nor intend to, create an interlocal entity by entering into this Agreement.
b. Each Party has submitted this Agreement to an attorney authorized to represent the said Party for review as to proper form and compliance with applicable law.
c. The duration of this Agreement is as set forth in Sections 4 paragraphs 6 and 5 7 above.
d. Each Party The District shall initially be funded by the County transferring unincorporated area sales tax revenues from the County to the District. These funds are the District’s source of funds to make payments to the County required by this Agreement and, in the event and to the extent such funds are not timely provided to the District, the District’s obligations to make payment to the County hereunder shall be proportionately abated until such time as the required funding is provided by the County. The District shall be responsible for formulating and approving its annual budget and the District County shall be responsible for budgeting for formulating and approving its annual budget and, in particular, the annual budget of each infrastructure project County division and department that will be funded through one or more bonds issued by may provide any Service to the District as provided in this Agreement.
e. Any or all of the Services which are the subjects of this Agreement may be terminated or removed from this Agreement as provided in paragraphs 6 and 7.
f. Each Party will acquire, hold, and dispose of its own real and personal property and there will be no jointly owned property upon the partial or complete termination of this Agreement. Notwithstanding , including the foregoingtermination of any Service to be provided hereunder, howeverbut some or all of the Buildings and Assets may be conveyed by the County to the District as part of the transition mentioned in paragraph 7 above and the capital projects identified in Attachment “G” may, upon completion and with the concurrence of constructionboth Parties, become the District will transfer ownership of infrastructure to the District Member having jurisdiction over the location where the infrastructure is located and, upon withdrawal from the District, infrastructure owned by the District that is located within the boundary of the Withdrawing Member will be transferred and conveyed to the Withdrawing Member.
f. Inasmuch as each District Member is represented on the Board of Trustees property of the District, to .
g. To the extent necessary to administer the cooperative undertaking set forth in this Agreement, the Board of Trustees General Manager of the District shall have the full authority and responsibility to administer the cooperative undertaking on behalf of the Parties andDistrict, and the Mayor of the County shall have the full authority and responsibility to administer the cooperative undertaking on behalf of the County. Although it is not anticipated that voting will be required, to the extent that voting is required, voting shall be weighted as provided in Utah Code Xxx. § 17B-2a-1106(3)made on the basis of one vote per Party, and not weighted.
g. h. Since this Agreement cannot take effect under the Interlocal Cooperation Act until it is approved, signed, and filed with the keeper of records of each of the Parties, each Party agrees, promptly immediately upon its mutual approval and execution and deliveryof this Agreement, to file a copy of the signed Agreement with the keeper of records of the said Party.
h. i. Notwithstanding anything herein to the contrary, in the event that this Agreement does not satisfy any requirement of the Interlocal Cooperation Act, which failure would cause this Agreement to fail to be effective under the Interlocal Cooperation Act, this Agreement shall nevertheless be fully binding upon and enforceable by the Parties pursuant to law outside of the application of the Interlocal Cooperation Act.
Appears in 1 contract
Samples: Interlocal Agreement
Interlocal Cooperation Act. For the purpose of satisfying specific requirements of the Interlocal Cooperation Act, the Parties agree as follows:
a. The Parties do not, nor intend to, create an interlocal entity by entering into this Agreement.
b. Each Party has submitted this Agreement to an attorney authorized to represent the said Party for review as to proper form and compliance with applicable law.
c. The duration of this Agreement is as set forth in Sections 4 7 and 5 8 above.
d. Each Party The District is funded by the County per Interlocal Agreement and state statute.
e. The District shall be responsible for formulating and approving its annual budget and the District County shall be responsible for budgeting for formulating and approving its annual budget and, in particular, the annual budget of each infrastructure project County division and department that will be funded through one or more bonds issued by may provide any Service to the District as provided in this Agreement.
e. f. Each Party will acquire, hold, and dispose of its own real and personal property and there will be no jointly owned property upon the partial or complete termination of this Agreement. Notwithstanding , including the foregoing, however, upon completion termination of construction, the District will transfer ownership of infrastructure any Service to the District Member having jurisdiction over the location where the infrastructure is located and, upon withdrawal from the District, infrastructure owned by the District that is located within the boundary of the Withdrawing Member will be transferred and conveyed to the Withdrawing Memberprovided hereunder.
f. Inasmuch as each District Member is represented on the Board of Trustees of the District, to g. To the extent necessary to administer the cooperative undertaking set forth in this Agreement, the Board of Trustees General Manager of the District shall have the full authority and responsibility to administer the cooperative undertaking on behalf of the Parties andDistrict, and any representative designated by the Mayor of the County shall have the full authority and responsibility to administer the cooperative undertaking on behalf of the County. Although it is not anticipated that voting will be required, to the extent that voting is required, voting shall be weighted as provided in Utah Code Xxx. § 17B-2a-1106(3)made on the basis of one vote per Party, and not weighted.
g. h. Since this Agreement cannot take effect under the Interlocal Cooperation Act until it is approved, signed, and filed with the keeper of records of each of the Parties, each Party agrees, promptly immediately upon its mutual approval and execution and deliveryof this Agreement, to file a copy of the signed Agreement with the keeper of records of the said Party.
h. i. Notwithstanding anything herein to the contrary, in the event that this Agreement does not satisfy any requirement of the Interlocal Cooperation Act, which failure would cause this Agreement to fail to be effective under the Interlocal Cooperation Act, this Agreement shall nevertheless be fully binding upon and enforceable by the Parties pursuant to law outside of the application of the Interlocal Cooperation Act.
Appears in 1 contract
Samples: Interlocal Agreement
Interlocal Cooperation Act. For the purpose of satisfying specific requirements of the Interlocal Cooperation Act, the Parties agree as follows:
a. The Parties do not, nor intend to, create an interlocal entity by entering into this Agreement.
b. Each Party has submitted this Agreement to an attorney authorized to represent the said Party for review as to proper form and compliance with applicable law.
c. The duration of this Agreement is as set forth in Sections 4 and 5 Section 2 above.
d. Each Party shall be responsible for formulating and approving its annual budget and the District shall be responsible for budgeting for each infrastructure project that will be funded through one or more bonds issued by the District as provided in this Agreement.
e. Each Party will acquire, hold, and dispose of its own real and personal property and there will be no jointly owned property upon the partial or complete termination of this Agreement. Notwithstanding the foregoing, however, upon completion of construction, the District will transfer ownership of infrastructure to the District Member having jurisdiction over the location where the infrastructure is located and, upon withdrawal from the District, infrastructure owned by the District that is located within the boundary of the Withdrawing Member will be transferred and conveyed to the Withdrawing Member.
f. Inasmuch as each District Member is represented on the Board of Trustees of the District, to To the extent necessary to administer the cooperative undertaking set forth in this Agreement, the Board of Trustees General Manager of the District shall have the full authority and responsibility to administer the cooperative undertaking on behalf of the Parties andDistrict, and any representative designated by the Mayor of the County shall have the full authority and responsibility to administer the extent that voting is requiredcooperative undertaking on behalf of the County, voting with each having one (1) vote.
e. Except as otherwise specifically provided herein, each Party shall be weighted as provided in Utah Code Xxx. § 17B-2a-1106(3)responsible for its own costs of any action done pursuant to this Agreement, and for any financing and budgeting of such costs.
g. f. Since this Agreement cannot take effect under the Interlocal Cooperation Act until it is approved, signed, and filed with the keeper of records of each of the Parties, each Party agrees, promptly immediately upon its mutual approval and execution and deliveryof this Agreement, to file a copy of the signed Agreement with the keeper of records of the said Party.
h. g. Notwithstanding anything herein to the contrary, in the event that this Agreement does not satisfy any requirement of the Interlocal Cooperation Act, which failure would cause this Agreement to fail to be effective under the Interlocal Cooperation Act, this Agreement shall nevertheless be fully binding upon and enforceable by the Parties pursuant to law outside of the application of the Interlocal Cooperation Act.
h. Since no jointly owned property will be acquired pursuant to this Agreement, there will be no need to dispose of property upon the partial or complete termination of this Agreement.
Appears in 1 contract
Samples: Interlocal Agreement