Title 17D, Title 17D: Limited Purpose Local Government Entities - Other Entities

17D-2-105. Action of a local entity's governing body or a local building authority's board of directors. (1) The governing body of a local entity or the authority board of a local building authority may take an action or proceeding under this chapter by resolution. (2) Except as …

17D-2-106. Publications in newspapers. A publication made under this chapter may be made in a newspaper conforming to the terms of this chapter and in which legal notices may be published under the law, without regard to whether the newspaper is designated as the local entity's o…

17D-2-107. Local building authority not subject to any state board, commission, or agency. Neither a local building authority nor a project is subject to the jurisdiction of any board, commission, or agency of the state, including the Public Service Commission.

17D-2-108. Other statutory provisions. (1) This chapter is supplemental to existing laws relating to a local entity's acquisition, use, maintenance, management, or operation of a project. (2) Except as provided in this chapter, a local entity or local building authority that comp…

17D-2-109. Construction of this chapter -- Conflicts with other provisions. (1) To enable a local building authority to perform its essential governmental functions on behalf of its creating local entity, this chapter shall be liberally construed. (2) If a provision of this chapt…

17D-2-110. Validation of previous proceedings. Each proceeding taken by a local entity before May 5, 2008 in connection with the creation and operation of a local building authority is validated, ratified, approved, and confirmed.

17D-2-201. Creating a local building authority -- Articles of incorporation and bylaws -- Changing a local building authority. (1) The governing body of a local entity may create a local building authority by following the procedures in, for the incorporation of a nonprofit corpo…

17D-2-202. Staff and personnel of a local building authority -- Legal, accounting, and auditing services. (1) A local building authority may: as necessary for the local building authority's performance of its functions and activities: subject to Subsection, contract for or employ…

17D-2-203. Local building authority board of directors. (1) Except as provided in Subsection, the members of the governing body of the creating local entity constitute the authority board of the local building authority created by the creating local entity. (3) (2) An authority b…

17D-2-301. Project plans and specifications. Each local building authority that proposes to construct, acquire, improve, or extend a project for the use of its creating local entity shall submit to the governing body of the creating local entity: (1) plans and specifications for …

17D-2-302. Architect or engineer certificate -- Approval of plans and specifications. (1) The plans and specifications submitted under Subsectionshall include a certificate of the architect or engineer responsible for planning and designing the project, stating the estimated usef…

17D-2-401. Project lease agreements. (1) A local building authority and its creating local entity may enter into a lease agreement with respect to a project that the local building authority: has constructed, acquired, improved, or extended on behalf of the creating local entity;…

17D-2-402. Requirements for lease agreements. (1) Each lease agreement between a local building authority and its creating local entity shall: provide for the payment of lease payments sufficient: to pay: the principal of and interest on local building authority bonds the proceed…

17D-2-403. Provisions that a lease agreement may contain. (1) A lease agreement between a local building authority and its creating local entity may: provide that the creating local entity, as part of the lease payments for the leased property: pay all taxes and assessments levie…

17D-2-404. Lease of local entity's site to local building authority. (1) A local entity desiring to have a local building authority construct a project for the use of the local entity upon a site that the local entity owns may lease the site to the local building authority for a …

17D-2-405. Default under a lease agreement. If a local entity fails to pay a lease payment due to a local building authority under a lease agreement: (1) the local entity shall immediately quit and vacate the project; (2) the local entity's lease payment obligation under the leas…

17D-2-501. Provisions applicable to issuance of local building authority bonds. (1) Except as otherwise provided in this chapter: each local building authority that issues bonds shall: issue them as provided in Title 11, Chapter 14, Local Government Bonding Act, except Section; a…

17D-2-502. Required process for issuance of local building authority bonds -- Certification of petition signatures -- Removal of signature. (1) A local building authority may not issue bonds unless the creating local entity's governing body approves the issuance and terms of the …

17D-2-503. Proceedings for the issuance of local building authority bonds. The proceeding under which a local building authority is authorized to issue bonds under this part may: (1) contain any agreement or provision customarily contained in an instrument securing bonds, includi…

17D-2-504. Local building authority bonds payable solely from lease payments. (1) Except to the extent that they are secured as provided in Section, bonds issued by a local building authority and interest on the bonds are payable solely from payments received under a lease agreem…

17D-2-505. Security for local building authority bonds. (1) The principal of and interest on bonds that a local building authority issues under this part: shall be secured by a pledge and assignment of the revenue that the local building authority receives under its lease agreeme…

17D-2-506. Other entities not responsible for local building authority bonds or breach of mortgage and other obligations. (1) Nothing in this part may be construed to require: the state or any political subdivision of the state to pay a bond issued under this part; the state or, …

17D-2-507. Required provision in device securing payment of bonds. Each mortgage, trust deed, security agreement, trust indenture, or other security device securing payment of bonds issued under this part shall provide that no deficiency judgment upon foreclosure may be entered a…

17D-2-601. Publishing notice of local entity or local building authority resolution or other proceeding. (1) The governing body of a local entity or the authority board of a local building authority may provide for the publication of a resolution or other proceeding adopted under…

17D-2-602. Contesting the legality of a resolution or other proceeding -- No cause of action after contest period. (1) For a period of 30 days after publication of a resolution or other proceeding under Subsectionor a notice under Subsection, any person in interest may bring an a…

17D-2-701. Local entity governing body may dissolve local building authority -- Limitation. (1) Subject to Subsection, the governing body of the creating local entity may at any time dissolve a local building authority created by the creating local entity, by following the proced…

17D-2-702. Effect of dissolution. Upon the dissolution of a local building authority: (1) title to all of the local building authority's projects vest in the creating local entity; and (2) all assets and net earnings of the local building authority remaining after the payment or …