2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 59 - Point of the Mountain State Land Authority Act › Part 2 - Point of the Mountain State Land Authority › Section 202 - Authority powers.

Affected by 63I-1-211 on 1/1/2029
Effective 5/3/2023
11-59-202.
Authority powers.
(1) The authority may:
(a) as provided in this chapter, plan, manage, and implement the development of the point of the mountain state land, including the ongoing operation of facilities on the point of the mountain state land;
(b) undertake, or engage a consultant to undertake, any study, effort, or activity the board considers appropriate to assist or inform the board about any aspect of the proposed development of the point of the mountain state land, including the best development model and financial projections relevant to the authority's efforts to fulfill its duties and responsibilities under this section and Section 11-59-203;
(c) sue and be sued;
(d) enter into contracts generally, including a contract for the sharing of records under Section 63G-2-206;
(e) buy, obtain an option upon, or otherwise acquire any interest in real or personal property, as necessary to accomplish the duties and responsibilities of the authority, including an interest in real property, apart from point of the mountain state land, or personal property, outside point of the mountain state land, for publicly owned infrastructure and improvements, if the board considers the purchase, option, or other interest acquisition to be necessary for fulfilling the authority's development objectives;
(f) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or personal property;
(g) enter into a lease agreement on real or personal property, either as lessee or lessor;
(h) provide for the development of the point of the mountain state land under one or more contracts, including the development of publicly owned infrastructure and improvements and other infrastructure and improvements on or related to the point of the mountain state land;
(i) exercise powers and perform functions under a contract, as authorized in the contract;
(j) accept financial or other assistance from any public or private source for the authority's activities, powers, and duties, and expend any funds so received for any of the purposes of this chapter;
(k) borrow money, contract with, or accept financial or other assistance from the federal government, a public entity, or any other source for any of the purposes of this chapter and comply with any conditions of the loan, contract, or assistance;
(l) subject to Subsection (2), issue bonds to finance the undertaking of any development objectives of the authority, including bonds under Title 11, Chapter 17, Utah Industrial Facilities and Development Act, and bonds under Title 11, Chapter 42, Assessment Area Act;
(m) hire employees, including contract employees, in addition to or in place of staff provided under Section 11-59-304;
(n) transact other business and exercise all other powers provided for in this chapter;
(o) enter into a development agreement with a developer of some or all of the point of the mountain state land;
(p) provide for or finance an energy efficiency upgrade, a renewable energy system, or electric vehicle charging infrastructure as defined in Section 11-42a-102, in accordance with Title 11, Chapter 42a, Commercial Property Assessed Clean Energy Act;
(q) exercise powers and perform functions that the authority is authorized by statute to exercise or perform;
(r) enter into one or more interlocal agreements under Title 11, Chapter 13, Interlocal Cooperation Act, with one or more local government entities for the delivery of services to the point of the mountain state land;
(s) enter into an agreement with the federal government or an agency of the federal government, as the board considers necessary or advisable, to enable or assist the authority to exercise its powers or fulfill its duties and responsibilities under this chapter;
(t) provide funding for the development of publicly owned infrastructure and improvements or other infrastructure and improvements on or related to the point of the mountain state land; and
(u) impose impact fees under Title 11, Chapter 36a, Impact Fees Act, and other fees related to development activities.
(2) The authority may not issue bonds under this part unless the board first:
(a) adopts a parameters resolution for the bonds that sets forth:
(i) the maximum:
(A) amount of bonds;
(B) term; and
(C) interest rate; and
(ii) the expected security for the bonds; and
(b) submits the parameters resolution for review and recommendation to the State Finance Review Commission created in Section 63C-25-201.
(3) No later than 60 days after the closing day of any bonds, the authority shall report the bonds issuance, including the amount of the bonds, terms, interest rate, and security, to:
(a) the Executive Appropriations Committee; and
(b) the State Finance Review Commission created in Section 63C-25-201.
Amended by Chapter 139, 2023 General Session