Ogden City Corp. v. Adam
Ogden City Corp. v. Adam
Opinion of the Court
This is an original proceeding wherein plaintiffs seek an extraordinary writ compelling the defendants to attest to and affix the seal of Ogden City (hereinafter “Ogden”), and Weber County (hereinafter “Weber”) to certain lease agreements to be entered into with the Ogden City, Weber County Joint Building Authority (hereinafter “Authority”). The matter was submitted without oral argument, based upon the respective pleadings and memoranda of counsel.
Both Ogden and Weber have adopted ordinances pursuant to the provisions of the Utah Nonprofit Corporation and Co-operative Association Act,
The Utah Municipal Building Authority Act
Both Ogden and Weber intend to partially occupy, along with other tenants, the proposed office building, and to pay monthly rental therefor. The proposed bond issue contains an exception clause which requires the municipalities to pay for their occupancy of the building from their respective general obligation funds. That clause reads as follows:
With the sole exception of the obligation of the City or the County to pay from and to the extent of available City or County funds all base rentals and additional rentals allocable to any period during which the City or the County, respectively, shall occupy the project, no judgment requiring a payment of money may be entered against the City or the County by reason of a nonrenewal, an event of default or an event of nonappropriation under the City lease or the County lease.
Defendants interpret the foregoing clause as requiring municipal expenditures in excess of constitutional limitations without the approval of the electorate.
An extraordinary writ will issue only “where no other plain, speedy and adequate remedy exists.”
The petition for extraordinary relief is denied.
. U.C.A., 1953, 16-6-18, et seq.
. U.C.A., 1953, 11-29-1, et seq., enacted in 1981 as Senate Bill No. 272.
.Constitution of Utah, Article XIV, Section 3.
. Rule 65B(a), U.R.C.P.; Richards, et al., v. Weber County Irr. Dist., et al., 63 Utah 298, 225 P. 600 (1924).
. U.C.A., 1953, 78-33-1, et seq.
Reference
- Full Case Name
- OGDEN CITY CORPORATION, a municipal corporation of the State of Utah Weber County, a body politic of the State of Utah Ogden City, Weber County Joint Building Authority, a Utah nonprofit corporation A. Stephen Dirks, Mayor of Ogden City, Utah and Boyd K. Story, Chairman of the Board of County Commissioners of Weber County, Utah, and President and Chairman of the Governing Board of the Ogden City, Weber County Joint Building Authority v. Donna ADAM, City Recorder of Ogden City Corporation and Wendell Hansen, County Clerk of Weber County
- Cited By
- 5 cases
- Status
- Published