reglab/statecodes huggingface dataset:
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 3 - Port Authority Board › Section 303 - Term of board members -- Quorum -- Compensation.

Effective 3/14/2023
11-58-303.
Term of board members -- Quorum -- Compensation.
(1) The term of a board member appointed under Subsection 11-58-302(2) is four years, except that the initial term of one of the two members appointed under Subsection 11-58-302(2)(a) and of the member appointed under Subsection 11-58-302(2)(d) is two years.
(2) Each board member shall serve until a successor is duly appointed and qualified.
(3) A board member may serve multiple terms if duly appointed to serve each term under Subsection 11-58-302(2).
(4) A majority of voting members constitutes a quorum, and the action of a majority of voting members constitutes action of the board.
(5)
(a) A board member who is not a legislator may not receive compensation or benefits for the member's service on the board, but may receive per diem and reimbursement for travel expenses incurred as a board member as allowed in:
(i) Sections 63A-3-106 and 63A-3-107; and
(ii) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.
(b) Compensation and expenses of a board member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
Amended by Chapter 259, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 3 - Port Authority Board › Section 305 - Executive director.

Effective 3/21/2022
11-58-305.
Executive director.
(1) The board shall hire and oversee a full-time executive director.
(2)
(a) The executive director is the chief executive officer of the authority.
(b) The role of the executive director is to:
(i) manage and oversee the day-to-day operations of the authority;
(ii) fulfill the executive and administrative duties and responsibilities of the authority; and
(iii) perform other functions, as directed by the board.
(3) The executive director shall have the education, experience, and training necessary to perform the executive director's duties in a way that maximizes the potential for successfully achieving and implementing the strategies, policies, and objectives stated in Subsection 11-58-203(1).
(4) An executive director is an at-will employee who serves at the pleasure of the board and may be removed by the board at any time.
(5) The board shall establish the duties, compensation, and benefits of an executive director.
Amended by Chapter 82, 2022 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 5 - Project Area Plan and Budget › Section 501 - Preparation of project area plan -- Required contents of project area plan.

Effective 3/14/2023
11-58-501.
Preparation of project area plan -- Required contents of project area plan.
(1)
(a) Subject to Section 11-58-605, the authority jurisdictional land constitutes a single project area.
(b) The authority is not required to adopt a project area plan for a project area consisting of the authority jurisdictional land.
(2)
(a) The board may adopt a project area plan for land that is outside the authority jurisdictional land, as provided in this part, if the board receives written consent to include the land in the project area described in the project area plan from, as applicable:
(i) the legislative body of the county in whose unincorporated area the land is located; or
(ii) the legislative body of the municipality in which the land is located.
(b)
(i) An owner of land proposed to be included within a project area may request that the owner's land be excluded from the project area.
(ii) A request under Subsection (2)(b)(i) shall be submitted to the board:
(A) in writing; and
(B) no more than 45 days after the public meeting under Subsection 11-58-502(1).
(c) Land included or to be included within a project area need not be contiguous or in close proximity to the authority jurisdictional land.
(d) In order to adopt a project area plan, the board shall:
(i) prepare a draft project area plan;
(ii) give notice as required under Subsection 11-58-502(2);
(iii) hold at least one public meeting, as required under Subsection 11-58-502(1); and
(iv) after holding at least one public meeting and subject to Subsections (2)(b) and (e), adopt the draft project area plan as the project area plan.
(e) Before adopting a draft project area plan as the project area plan, the board:
(i) shall eliminate from the proposed project area the land of any owner who requests the owner's land to be excluded from the project area under Subsection (2)(b); and
(ii) may make other modifications to the draft project area plan that the board considers necessary or appropriate.
(3) Each project area plan and draft project area plan shall contain:
(a) a legal description of the boundary of the project area;
(b) the authority's purposes and intent with respect to the project area; and
(c) the board's findings and determination that:
(i) there is a need to effectuate a public purpose;
(ii) there is a public benefit to the proposed development project;
(iii) it is economically sound and feasible to adopt and carry out the project area plan; and
(iv) carrying out the project area plan will promote the goals and objectives stated in Subsection 11-58-203(1).
Amended by Chapter 259, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 5 - Project Area Plan and Budget › Section 502 - Public meeting to consider and discuss draft project area plan -- Notice -- Adoption of plan.

Effective 5/3/2023
11-58-502.
Public meeting to consider and discuss draft project area plan -- Notice -- Adoption of plan.
(1) The board shall hold at least one public meeting to consider and discuss a draft project area plan.
(2) At least 10 days before holding a public meeting under Subsection (1), the board shall give notice of the public meeting:
(a) to each taxing entity;
(b) to a municipality in which the proposed project area is located or that is located within one-half mile of the proposed project area; and
(c) for the proposed project area, as a class A notice under Section 63G-30-102, for at least 10 days.
(3) Following consideration and discussion of the draft project area plan, and any modification of the project area plan under Subsection 11-58-501(2)(d), the board may adopt the draft project area plan or modified draft project area plan as the project area plan.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 5 - Project Area Plan and Budget › Section 503 - Notice of project area plan adoption -- Effective date of plan -- Time for challenging a project area plan or project area.

Effective 5/3/2023
11-58-503.
Notice of project area plan adoption -- Effective date of plan -- Time for challenging a project area plan or project area.
(1) Upon the board's adoption of a project area plan, the board shall provide notice as provided in Subsection (2) by publishing or causing to be published legal notice:
(a) for the project area, as a class A notice under Section 63G-30-102, for at least 30 days; and
(b) as required by Section 45-1-101.
(2)
(a) Each notice under Subsection (1) shall include:
(i) the board resolution adopting the project area plan or a summary of the resolution; and
(ii) a statement that the project area plan is available for general public inspection and the hours for inspection.
(b) The statement required under Subsection (2)(a)(ii) may be included within the board resolution adopting the project area plan or within the summary of the resolution.
(3) The project area plan shall become effective on the date designated in the board resolution.
(4) The authority shall make the adopted project area plan available to the general public at the authority's offices during normal business hours.
(5) Within 10 days after the day on which a project area plan is adopted that establishes a project area, or after an amendment to a project area plan is adopted under which the boundary of a project area is modified, the authority shall send notice of the establishment or modification of the project area and an accurate map or plat of the project area to:
(a) the State Tax Commission;
(b) the Utah Geospatial Resource Center created in Section 63A-16-505; and
(c) the assessor and recorder of each county where the project area is located.
(6)
(a) A legal action or other challenge to a project area plan or a project area described in a project area plan is barred unless brought within 30 days after the effective date of the project area plan.
(b) A legal action or other challenge to a project area that consists of authority jurisdictional land is barred unless brought within 30 days after the board adopts a business plan under Subsection 11-58-202(1)(a) for the authority jurisdictional land.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 5 - Project Area Plan and Budget › Section 504 - Amendment to a project area plan.

Effective 3/16/2018
11-58-504.
Amendment to a project area plan.
(1) The authority may amend a project area plan by following the same procedure under this part as applies to the adoption of a project area plan.
(2) The provisions of this part apply to the authority's adoption of an amendment to a project area plan to the same extent as they apply to the adoption of a project area plan.
Enacted by Chapter 179, 2018 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 5 - Project Area Plan and Budget › Section 505 - Project area budget.

Effective 3/14/2023
11-58-505.
Project area budget.
(1) Before the authority may use the property tax differential from a project area, the board shall prepare and adopt a project area budget.
(2) A project area budget shall include:
(a) the base taxable value of property in the project area;
(b) the projected property tax differential expected to be generated within the project area;
(c) the amount of the property tax differential expected to be used to implement the project area plan, including the estimated amount of the property tax differential to be used for:
(i) land acquisition;
(ii) public infrastructure and improvements;
(iii) a remediation project, if applicable; and
(iv) loans, grants, or other incentives to private and public entities;
(d) the property tax differential expected to be used to cover the cost of administering the project area plan;
(e) the amount of property tax differential expected to be shared with other taxing entities; and
(f) for property that the authority owns or leases and expects to sell or sublease, the expected total cost of the property to the authority and the expected selling price or lease payments.
(3) The board may amend an adopted project area budget as and when the board considers it appropriate.
(4) For a project area that consists of the authority jurisdictional land, the budget requirements of this part are met by the authority complying with the budget requirements of Part 8, Port Authority Budget, Reporting, and Audits.
Amended by Chapter 259, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 6 - Property Tax Differential › Section 600.5 - Definitions.

Effective 3/14/2023
11-58-600.5.
Definitions.
As used in this part:
(1) "General differential" means property tax differential generated by a property tax levied:
(a) on property that is not part of the authority jurisdictional land or within a remediation project area; and
(b) by all taxing entities.
(2) "Nonmunicipal differential" means property tax differential generated from a property tax imposed:
(a) on property that is part of the authority jurisdictional land; and
(b) by all taxing entities other than the primary municipality.
(3) "Primary municipality" means the municipality that has more authority jurisdictional land within the municipality's boundary than is included within the boundary of any other municipality.
(4) "Primary municipality differential" means property tax differential generated by a property tax levied:
(a) on property in the reduced area; and
(b) by the primary municipality.
(5) "Primary municipality's agency" means the community development and renewal agency created by a primary municipality.
(6) "Reduced area" means the authority jurisdictional land that is within a primary municipality, excluding:
(a) an area described in Subsection 11-58-600.7(1);
(b) a parcel of land described in Subsection 11-58-600.7(2); and
(c) a remediation project area, if a remediation project area is created under Section 11-58-605.
Enacted by Chapter 259, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 6 - Property Tax Differential › Section 600.7 - Limit on tax differential the authority may receive from authority jurisdictional land.

Effective 3/14/2023
11-58-600.7.
Limit on tax differential the authority may receive from authority jurisdictional land.
The authority may not receive:
(1) a taxing entity's portion of property tax differential generated from an area that is part of the authority jurisdictional land and included within a community reinvestment project area under a community reinvestment project area plan, as defined in Section 17C-1-102, adopted before October 1, 2018, if the taxing entity has, before October 1, 2018, entered into a fully executed, legally binding agreement under which the taxing entity agrees to the use of the taxing entity's tax increment, as defined in Section 17C-1-102, under the community reinvestment project area plan; or
(2) property tax differential from a parcel of land:
(a) that is part of the authority jurisdictional land;
(b) that was substantially developed before December 1, 2018;
(c) for which a certificate of occupancy was issued before December 1, 2018; and
(d) that is identified in a list that the municipality in which the land is located provides to the authority and the county assessor by April 1, 2020.
Enacted by Chapter 259, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 6 - Property Tax Differential › Section 601 - General differential and nonmunicipal differential.

Effective 3/14/2023
11-58-601.
General differential and nonmunicipal differential.
(1) As used in this section:
(a) "Designation resolution" means a resolution adopted by the board that designates a transition date for the parcel specified in the resolution.
(b) "Post-designation parcel" means a parcel within a project area after the transition date for that parcel.
(c) "Pre-designation parcel" means a parcel within a project area before the transition date for that parcel.
(d) "Transition date" means the date indicated in a designation resolution after which the parcel that is the subject of the designation resolution is a post-designation parcel.
(2) This section applies to nonmunicipal differential and general differential to be paid to the authority.
(3) The authority shall be paid 75% of nonmunicipal differential generated from a pre-designation parcel that is part of the authority jurisdictional land:
(a) for the period beginning November 2019 and ending the earlier of:
(i) the transition date for that parcel; and
(ii) November 30, 2044; and
(b) for a period of 15 years following November 2044 if, before the end of November 2044:
(i) the parcel has not become a post-designation parcel; and
(ii) the board adopts a resolution approving the 15-year extension.
(4)
(a) As provided in Subsection (4)(b), the authority shall be paid:
(i) 75% of nonmunicipal differential generated from a post-designation parcel that is part of the authority jurisdictional land; and
(ii) 75% of general differential generated from a post-designation parcel that is not part of the authority jurisdictional land.
(b) The property tax differential paid under Subsection (4)(a) from a post-designation parcel shall be paid:
(i) for a period of 25 years beginning on the transition date for that parcel; and
(ii) for a period of an additional 15 years beyond the period stated in Subsection (4)(b)(i) if the board determines by resolution that the additional years of nonmunicipal differential or general differential, as the case may be, from that parcel will produce a significant benefit.
(5)
(a) For purposes of this section, the authority may designate an improved portion of a parcel in a project area as a separate parcel.
(b) An authority designation of an improved portion of a parcel as a separate parcel under Subsection (5)(a) does not constitute a subdivision, as defined in Section 10-9a-103 or Section 17-27a-103.
(c) A county recorder shall assign a separate tax identification number to the improved portion of a parcel designated by the authority as a separate parcel under Subsection (5)(a).
Amended by Chapter 259, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 6 - Property Tax Differential › Section 603 - Use of authority money for business recruitment incentive.

Effective 3/14/2023
11-58-603.
Use of authority money for business recruitment incentive.
(1) As used in this section:
(a) "Business recruitment incentive" means the post-performance payment of property tax differential as an incentive for development within a project area, as provided in this section.
(b) "Incentive application" means an application for a business recruitment incentive.
(c) "Tax differential parcel" means a parcel of land where development activity occurs.
(2) The authority may use property tax differential as a business recruitment incentive as provided in this section.
(3) The board shall establish:
(a) the requirements for a person to qualify for a business recruitment incentive;
(b) the application timeline, documentation requirements, and approval criteria applicable to an incentive application; and
(c) the standards and criteria for approval of an incentive application.
(4)
(a) Subject to Subsection (4)(b), a person may qualify for a business recruitment incentive if:
(i) the person submits an incentive application according to requirements established by the board;
(ii) the person meets the requirements established by the board for a business recruitment incentive; and
(iii) the board approves the incentive application.
(b) A person may not qualify for a business recruitment incentive if the person's development project relates primarily to retail operations or the distribution of goods.
(5) The authority may pay a person, on a post-performance basis and as determined by the board, a percentage of property tax differential:
(a) generated from a tax differential parcel and paid to the authority; and
(b) for a specified period of time.
Amended by Chapter 259, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 6 - Property Tax Differential › Section 604 - Distribution and use of primary municipality differential.

Effective 3/14/2023
11-58-604.
Distribution and use of primary municipality differential.
(1) This section applies to the payment and use of primary municipality differential.
(2) Beginning the first tax year that begins on or after January 1, 2023:
(a) the authority shall be paid 25% of primary municipality differential:
(i) for the authority's use as provided in Subsection (4); and
(ii)
(A) for a period of 25 years beginning January 1, 2023; and
(B) for a period of time not exceeding an additional 15 years beyond the period stated in Subsection (2)(a)(ii)(A) if the board determines by resolution, adopted before the expiration of the 25-year period under Subsection (2)(a)(ii)(A), that the additional years will produce a significant benefit to the uses described in Subsection (4) and if the primary municipality and the authority agree to the additional period of time;
(b) the authority shall be paid, in addition to the amounts under Subsection (2)(a), a percentage, as defined in Subsection (3), of primary municipality differential for the authority's use as provided in Subsection (4); and
(c) the primary municipality shall be paid, for the primary municipality's use for municipal operations, all primary municipality differential remaining after the payment of primary municipality differential to the authority as required under Subsections (2)(a) and (b).
(3) The percentage of primary municipality differential paid to the authority as provided in Subsection (2)(b):
(a) shall be 40% for the first tax year that begins on or after January 1, 2023, decreasing 2% each year after the 2023 tax year, so that in 2029 the percentage is 28;
(b) beginning January 1, 2030, and for a period of seven years, shall be 10%;
(c) beginning January 1, 2037, and for a period of 11 years, shall be 8%; and
(d) after 2047, shall be 0%.
(4) Of the primary municipality differential the authority receives, the authority shall use:
(a) 40% for environmental mitigation projects within the authority jurisdictional land;
(b) 40% for mitigation projects, which may include a regional traffic study and an environmental impact mitigation analysis, for communities that are:
(i) within the primary municipality;
(ii) adjacent to the authority jurisdictional land; and
(iii) west of the east boundary of the right of way of a fixed guideway used, as of January 1, 2022, for commuter rail within the primary municipality; and
(c) 20% for economic development activities on the authority jurisdictional land.
Amended by Chapter 259, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 6 - Property Tax Differential › Section 606 - Distribution of property tax differential.

Effective 3/14/2023
11-58-606.
Distribution of property tax differential.
(1) A county that collects property tax on property within a project area shall, in the manner and at the time provided in Section 59-2-1365:
(a) pay and distribute to the authority the property tax differential that the authority is entitled to be paid under this chapter; and
(b) pay and distribute to the primary municipality the primary municipality differential described in Subsection 11-58-604(2)(c).
(2) The authority shall pay to the primary municipality's agency, to be used for affordable housing as provided in Section 17C-1-412, 10% of all property tax differential that is:
(a) paid to the authority; and
(b) generated within the reduced area.
Enacted by Chapter 259, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 7 - Port Authority Bonds › Section 701 - Resolution authorizing issuance of port authority bonds -- Characteristics of bonds -- Notice.

Effective 5/3/2023
11-58-701.
Resolution authorizing issuance of port authority bonds -- Characteristics of bonds -- Notice.
(1) 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.
(2)
(a) As provided in the authority resolution authorizing the issuance of bonds under this part or the trust indenture under which the bonds are issued, bonds issued under this part may be issued in one or more series and may be sold at public or private sale and in the manner provided in the resolution or indenture.
(b) Bonds issued under this part shall bear the date, be payable at the time, bear interest at the rate, be in the denomination and in the form, carry the conversion or registration privileges, have the rank or priority, be executed in the manner, be subject to the terms of redemption or tender, with or without premium, be payable in the medium of payment and at the place, and have other characteristics as provided in the authority resolution authorizing their issuance or the trust indenture under which they are issued.
(3) Upon the board's adoption of a resolution providing for the issuance of bonds, the board may provide for the publication of the resolution:
(a) for the area within the authority's boundaries, as a class A notice under Section 63G-30-102, for at least 30 days; and
(b) as required in Section 45-1-101.
(4) In lieu of publishing the entire resolution, the board may publish notice of bonds that contains the information described in Subsection 11-14-316(2).
(5) For a period of 30 days after the publication, any person in interest may contest:
(a) the legality of the resolution or proceeding;
(b) any bonds that may be authorized by the resolution or proceeding; or
(c) any provisions made for the security and payment of the bonds.
(6)
(a) A person may contest the matters set forth in Subsection (5) by filing a verified written complaint, within 30 days of the publication under Subsection (5), in the district court of the county in which the person resides.
(b) A person may not contest the matters set forth in Subsection (5), or the regularity, formality, or legality of the resolution or proceeding, for any reason, after the 30-day period for contesting provided in Subsection (6)(a).
(7) 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 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 7 - Port Authority Bonds › Section 702 - Sources from which bonds may be made payable -- Port authority powers regarding bonds.

Effective 3/27/2019
11-58-702.
Sources from which bonds may be made payable -- Port authority powers regarding bonds.
(1) The principal and interest on bonds issued by the authority may be made payable from:
(a) the income and revenues of the projects financed with the proceeds of the bonds;
(b) the income and revenues of certain designated projects whether or not they were financed in whole or in part with the proceeds of the bonds;
(c) the income, proceeds, revenues, property, and funds the authority derives from or holds in connection with its undertaking and carrying out development of authority jurisdictional land;
(d) property tax differential funds;
(e) authority revenues generally;
(f) a contribution, loan, grant, or other financial assistance from the federal government or a public entity in aid of the authority; or
(g) funds derived from any combination of the methods listed in Subsections (1)(a) through (f).
(2) In connection with the issuance of authority bonds, the authority may:
(a) pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or may thereafter come into existence;
(b) encumber by mortgage, deed of trust, or otherwise all or any part of its real or personal property, then owned or thereafter acquired; and
(c) make the covenants and take the action that may be necessary, convenient, or desirable to secure its bonds, or, except as otherwise provided in this chapter, that will tend to make the bonds more marketable, even though such covenants or actions are not specifically enumerated in this chapter.
Amended by Chapter 399, 2019 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 7 - Port Authority Bonds › Section 703 - Purchase of port authority bonds.

Effective 3/16/2018
11-58-703.
Purchase of port authority bonds.
(1) Any person, firm, corporation, association, political subdivision of the state, or other entity or public or private officer may purchase bonds issued by an authority under this part with funds owned or controlled by the purchaser.
(2) Nothing in this section may be construed to relieve a purchaser of authority bonds of any duty to exercise reasonable care in selecting securities.
Enacted by Chapter 179, 2018 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 7 - Port Authority Bonds › Section 704 - Those executing bonds not personally liable -- Limitation of obligations under bonds -- Negotiability.

Effective 3/16/2018
11-58-704.
Those executing bonds not personally liable -- Limitation of obligations under bonds -- Negotiability.
(1) A member of the board or other person executing an authority bond is not liable personally on the bond.
(2)
(a) A bond issued by the authority is not a general obligation or liability of the state or any of its political subdivisions and does not constitute a charge against their general credit or taxing powers.
(b) A bond issued by the authority is not payable out of any funds or properties other than those of the authority.
(c) The state and its political subdivisions are not and may not be held liable on a bond issued by the authority.
(d) A bond issued by the authority does not constitute indebtedness within the meaning of any constitutional or statutory debt limitation.
(3) A bond issued by the authority under this part is fully negotiable.
Enacted by Chapter 179, 2018 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 7 - Port Authority Bonds › Section 705 - Obligee rights -- Board may confer other rights.

Effective 3/16/2018
11-58-705.
Obligee rights -- Board may confer other rights.
(1) In addition to all other rights that are conferred on an obligee of a bond issued by the authority under this part and subject to contractual restrictions binding on the obligee, an obligee may:
(a) by mandamus, suit, action, or other proceeding, compel an authority and its board, officers, agents, or employees to perform every term, provision, and covenant contained in any contract of the authority with or for the benefit of the obligee, and require the authority to carry out the covenants and agreements of the authority and to fulfill all duties imposed on the authority by this part; and
(b) by suit, action, or proceeding in equity, enjoin any acts or things that may be unlawful or violate the rights of the obligee.
(2)
(a) In a board resolution authorizing the issuance of bonds or in a trust indenture, mortgage, lease, or other contract, the board may confer upon an obligee holding or representing a specified amount in bonds, the rights described in Subsection (2)(b), to accrue upon the happening of an event or default prescribed in the resolution, indenture, mortgage, lease, or other contract, and to be exercised by suit, action, or proceeding in any court of competent jurisdiction.
(b)
(i) The rights that the board may confer under Subsection (2)(a) are the rights to:
(A) cause possession of all or part of a development project to be surrendered to an obligee;
(B) obtain the appointment of a receiver of all or part of an authority's development project and of the rents and profits from it; and
(C) require the authority and its board and employees to account as if the authority and the board and employees were the trustees of an express trust.
(ii) If a receiver is appointed through the exercise of a right granted under Subsection (2)(b)(i)(B), the receiver:
(A) may enter and take possession of the development project or any part of it, operate and maintain it, and collect and receive all fees, rents, revenues, or other charges arising from it after the receiver's appointment; and
(B) shall keep money collected as receiver for the authority in separate accounts and apply it pursuant to the authority obligations as the court directs.
Enacted by Chapter 179, 2018 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 7 - Port Authority Bonds › Section 706 - Bonds exempt from taxes -- Port authority may purchase its own bonds.

Effective 3/16/2018
11-58-706.
Bonds exempt from taxes -- Port authority may purchase its own bonds.
(1) A bond issued by the authority under this part is issued for an essential public and governmental purpose and is, together with interest on the bond and income from it, exempt from all state taxes except the corporate franchise tax.
(2) The authority may purchase its own bonds at a price that its board determines.
(3) Nothing in this section may be construed to limit the right of an obligee to pursue a remedy for the enforcement of a pledge or lien given under this part by the authority on its rents, fees, grants, properties, or revenues.
Enacted by Chapter 179, 2018 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 8 - Port Authority Budget, Reporting, and Audits › Section 801 - Annual port authority budget -- Fiscal year -- Public hearing required -- Auditor forms -- Requirement to file annual budget.

Effective 3/21/2022
11-58-801.
Annual port authority budget -- Fiscal year -- Public hearing required -- Auditor forms -- Requirement to file annual budget.
(1) The authority shall prepare and its board adopt an annual budget of revenues and expenditures for the authority for each fiscal year.
(2) Each annual authority budget shall be adopted before June 30, except that the authority's initial budget shall be adopted as soon as reasonably practicable after the organization of the board and the beginning of authority operations.
(3) The authority's fiscal year shall be the period from July 1 to the following June 30.
(4)
(a) Before adopting an annual budget, the board shall hold a public hearing on the annual budget.
(b) The authority shall provide notice of the public hearing on the annual budget by publishing notice:
(i) at least once in a newspaper of general circulation within the state, at least one week before the public hearing; and
(ii) on the Utah Public Notice Website created in Section 63A-16-601, at least one week immediately before the public hearing.
(c) The authority shall make the annual budget available for public inspection at least three days before the date of the public hearing.
(5) The state auditor shall prescribe the budget forms and the categories to be contained in each authority budget, including:
(a) revenues and expenditures for the budget year;
(b) legal fees; and
(c) administrative costs, including rent, supplies, and other materials, and salaries of authority personnel.
(6)
(a) Within 30 days after adopting an annual budget, the board shall file a copy of the annual budget with the auditor of each county in which the authority jurisdictional land is located, the State Tax Commission, the state auditor, the State Board of Education, and each taxing entity that levies a tax on property from which the authority collects property tax differential.
(b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the state as a taxing entity is met if the authority files a copy with the State Tax Commission and the state auditor.
Amended by Chapter 82, 2022 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 8 - Port Authority Budget, Reporting, and Audits › Section 802 - Amending the port authority annual budget.

Effective 3/16/2018
11-58-802.
Amending the port authority annual budget.
(1) The board may by resolution amend an annual authority budget.
(2) An amendment of the annual authority budget that would increase the total expenditures may be made only after public hearing by notice published as required for initial adoption of the annual budget.
(3) The authority may not make expenditures in excess of the total expenditures established in the annual budget as it is adopted or amended.
Enacted by Chapter 179, 2018 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 8 - Port Authority Budget, Reporting, and Audits › Section 803 - Port authority report.

Effective 7/21/2018
11-58-803.
Port authority report.
(1)
(a) On or before November 1 of each year, the authority shall prepare and file a report with the county auditor of each county in which the authority jurisdictional land is located, the State Tax Commission, the State Board of Education, and each taxing entity that levies a tax on property from which the authority collects property tax differential.
(b) The requirement of Subsection (1)(a) to file a copy of the report with the state as a taxing entity is met if the authority files a copy with the State Tax Commission and the state auditor.
(2) Each report under Subsection (1) shall contain:
(a) an estimate of the property tax differential to be paid to the authority for the calendar year ending December 31; and
(b) an estimate of the property tax differential to be paid to the authority for the calendar year beginning the next January 1.
(3) Before November 30 of each year, the board shall present a report to the Executive Appropriations Committee of the Legislature, as the Executive Appropriations Committee directs, that includes:
(a) an accounting of how authority funds have been spent, including funds spent on the environmental sustainability component of the authority business plan under Subsection 11-58-202(1)(a);
(b) an update about the progress of the development and implementation of the authority business plan under Subsection 11-58-202(1)(a), including the development and implementation of the environmental sustainability component of the plan; and
(c) an explanation of the authority's progress in achieving the policies and objectives described in Subsection 11-58-203(1).
Amended by Chapter 1, 2018 Special Session 2
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 8 - Port Authority Budget, Reporting, and Audits › Section 804 - Audit requirements.

Effective 3/16/2018
11-58-804.
Audit requirements.
The authority shall comply with the audit requirements of Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act.
Enacted by Chapter 179, 2018 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 8 - Port Authority Budget, Reporting, and Audits › Section 805 - Audit report.

Effective 3/16/2018
11-58-805.
Audit report.
(1) The authority shall, within 180 days after the end of the authority's fiscal year, file a copy of the audit report with the county auditor, the State Tax Commission, the State Board of Education, and each taxing entity that levies a tax on property from which the authority collects property tax differential.
(2) Each audit report under Subsection (1) shall include:
(a) the property tax differential collected by the authority;
(b) the outstanding principal amount of bonds issued or other loans incurred to finance the costs associated with the authority's projects; and
(c) the actual amount expended for:
(i) acquisition of property;
(ii) site improvements or site preparation costs;
(iii) installation of public utilities or other public improvements; and
(iv) administrative costs of the authority.
Enacted by Chapter 179, 2018 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 8 - Port Authority Budget, Reporting, and Audits › Section 806 - Port authority chief financial officer is a public treasurer -- Certain port authority funds are public funds.

Effective 7/21/2018
11-58-806.
Port authority chief financial officer is a public treasurer -- Certain port authority funds are public funds.
(1) The authority's chief financial officer:
(a) is a public treasurer, as defined in Section 51-7-3; and
(b) shall invest the authority funds specified in Subsection (2) as provided in that subsection.
(2) Notwithstanding Subsection 63E-2-110(2)(a), property tax differential funds and appropriations that the authority receives from the state:
(a) are public funds; and
(b) shall be invested as provided in Title 51, Chapter 7, State Money Management Act.
Amended by Chapter 1, 2018 Special Session 2
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 9 - Port Authority Dissolution › Section 901 - Dissolution of port authority -- Restrictions -- Notice of dissolution -- Disposition of port authority property -- Port authority records -- Dissolution expenses.

Effective 5/3/2023
11-58-901.
Dissolution of port authority -- Restrictions -- Notice of dissolution -- Disposition of port authority property -- Port authority records -- Dissolution expenses.
(1) The authority may not be dissolved unless the authority has no outstanding bonded indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual obligations with persons or entities other than the state.
(2) Upon the dissolution of the authority:
(a) the Governor's Office of Economic Opportunity shall publish a notice of dissolution:
(i) for the county in which the dissolved authority is located, as a class A notice under Section 63G-30-102, for at least seven days; and
(ii) as required in Section 45-1-101; and
(b) all title to property owned by the authority vests in the state.
(3) The books, documents, records, papers, and seal of each dissolved authority shall be deposited for safekeeping and reference with the state auditor.
(4) The authority shall pay all expenses of the deactivation and dissolution.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 59 - Point of the Mountain State Land Authority Act › Part 1 - General Provisions › Section 102 - Definitions.

Affected by 63I-1-211 on 1/1/2029
Effective 5/3/2023
11-59-102.
Definitions.
As used in this chapter:
(1) "Authority" means the Point of the Mountain State Land Authority, created in Section 11-59-201.
(2) "Board" means the authority's board, created in Section 11-59-301.
(3) "Development":
(a) means the construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including:
(i) the demolition or preservation or repurposing of a building, infrastructure, or other facility;
(ii) surveying, testing, locating existing utilities and other infrastructure, and other preliminary site work; and
(iii) any associated planning, design, engineering, and related activities; and
(b) includes all activities associated with:
(i) marketing and business recruiting activities and efforts;
(ii) leasing, or selling or otherwise disposing of, all or any part of the point of the mountain state land; and
(iii) planning and funding for mass transit infrastructure to service the point of the mountain state land.
(4) "Facilities division" means the Division of Facilities Construction and Management, created in Section 63A-5b-301.
(5) "New correctional facility" means the state correctional facility being developed in Salt Lake City to replace the state correctional facility in Draper.
(6) "Point of the mountain state land" means the approximately 700 acres of state-owned land in Draper, including land used for the operation of a state correctional facility until completion of the new correctional facility and state-owned land in the vicinity of the current state correctional facility.
(7) "Public entity" means:
(a) the state, including each department, division, or other agency of the state; or
(b) a county, city, town, metro township, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state, including the authority.
(8) "Publicly owned infrastructure and improvements":
(a) means infrastructure, improvements, facilities, or buildings that:
(i) benefit the public; and
(ii)
(A) are owned by a public entity or a utility; or
(B) are publicly maintained or operated by a public entity; and
(b) includes:
(i) facilities, lines, or systems that provide:
(A) water, chilled water, or steam; or
(B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy, microgrids, or telecommunications service;
(ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking facilities, and public transportation facilities; and
(iii) greenspace, parks, trails, recreational amenities, or other similar facilities.
(9) "Taxing entity" means the same as that term is defined in Section 59-2-102.
Amended by Chapter 16, 2023 General Session
Amended by Chapter 263, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 59 - Point of the Mountain State Land Authority Act › Part 1 - General Provisions › Section 103 - Scope of chapter -- Limit on selling or leasing point of the mountain state land -- No effect on prison operations.

Affected by 63I-1-211 on 1/1/2029
Effective 5/3/2023
11-59-103.
Scope of chapter -- Limit on selling or leasing point of the mountain state land -- Authority control over point of the mountain state land -- Role of Division of Facilities Construction and Management -- Local government zoning not applicable.
(1) This chapter governs the management of the point of the mountain state land, and the process of planning, managing, and implementing the development of the point of the mountain state land.
(2)
(a) No part of the point of the mountain state land may be sold or otherwise disposed of or leased without the approval of the board.
(b) The authority has complete and exclusive control over the management, development, and disposition of the point of the mountain state land.
(3)
(a) The facilities division serves the role of compliance agency under Title 15A, State Construction and Fire Codes Act, with respect to the point of the mountain state land.
(b) The facilities division is the permitting agency responsible for the issuance of a building permit or certificate of occupancy related to construction on the point of the mountain state land, in accordance with applicable building codes and standards.
(4) The zoning authority of a local government under Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, or Title 17, Chapter 27a, County Land Use, Development, and Management Act, does not apply to the use of the point of the mountain state land or to any improvements constructed on the point of the mountain state land, including improvements constructed by an entity other than the authority.
Amended by Chapter 263, 2023 General Session