11-30-3 - Petition to establish validity of bonds -- Contents -- Court action. - Utah Statutes

11-30-3. Petition to establish validity of bonds -- Contents -- Court action.
(1) A public body may, at any time after it has authorized the issuance of bonds for otherthan a project financing involving more than one series of bonds to finance such project or at anytime after it has authorized the issuance of the first series of bonds to finance a project in morethan one series, but before the issuance and delivery of any such bonds or such first series ofbonds, as the case may be, file a petition to establish the validity of such bonds.
(2) The petition shall be filed in the district court of the county in which the public bodymaintains its principal office, and shall name as defendants all taxpayers, property owners,citizens of the public body, including nonresidents owning property or subject to taxation therein,all other persons having or claiming any right, title, or interest in any property or funds affectedby or to be affected by the bonds, all parties to any contract or instrument which is part of thevalidation proceedings, and, pursuant to Section 11-30-6, either the attorney general or the countyattorney of the county in which the largest expenditure of proceeds of the bonds is expected to bemade.
(3) The petition shall set forth and affirm, by proper allegation of law and fact:
(a) the statutory authority by which the petition is filed;
(b) the statutory authority by which the public body authorized the issuance of the bonds;
(c) the ordinance, resolution, or other proceedings by which the public body authorizedthe issuance and delivery of the bonds;
(d) the holding of an election and the results of that election, if an election was required;
(e) the purpose of the bonds; and
(f) the source of funds from which the bonds are to be paid.
(4) The petitioner may set forth any additional information with respect to such bonds andany questions of law or fact concerning the validity of the bonds that the petitioner desires thecourt to adjudicate separately in rendering its judgment, as well as those allegations of law or factnecessary to its consideration.
(5) The petitioner shall then petition the court to render judgment affirming the validity ofthe bonds and to pass upon any questions for separate adjudication set forth in the petition. Anypetitioner may amend or supplement the petition at any time on or before the hearing, but notthereafter without permission of the court.
(6) No amendment or supplement may require republication of the order unless there hasbeen a change in the issuer or there has been a substantial change in the use of the proceeds or themanner of repayment of the bonds.

Enacted by Chapter 197, 1987 General Session