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

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 …

17D-3-102. Definitions. As used in this chapter: (1) "Commission" means the Conservation Commission, created in Section. 4-18-104 (2) "Commissioner" means the commissioner of the department. (3) "Conservation district" means a limited purpose local government entity, as described…

17D-3-103. Conservation district status, authority, and duties. (1) A conservation district created under this chapter: is a body corporate and politic; is a political subdivision of the state; and may sue and be sued. (2) A conservation district may: survey, investigate, and res…

17D-3-105. Conservation districts subject to other provisions. (1) Subject to Subsection, a conservation district is, to the same extent as if it were a special district, subject to and governed by: (3) Sections,,,,,,,,,, and; 17B-1-105 17B-1-107 17B-1-108 17B-1-110 17B-1-113 17B…

17D-3-106. Fiscal year. The fiscal year of a conservation district shall be, as determined by the commission: (1) the calendar year; or (2) a period beginning on July 1 and ending on the following June 30.

17D-3-107. Annual budget and financial reports requirements. (1) Upon agreement with the commission, the state auditor may modify: for filing a budget, a requirement in Subsectionor; or 17B-1-614(2) 17B-1-629(3)(d) for filing a financial report, a requirement in Section. 17B-1-63…

17D-3-201. Commission authority to approve the creation, consolidation, division, and dissolution of conservation districts -- Notice and hearing requirements. (1) As provided in this part, the commission may: pursuant to a petition under Section, approve the creation of a conser…

17D-3-202. Petition to create conservation district -- Petition or commission motion to consolidate, divide, or dissolve conservation districts -- Petition requirements. (1) A petition to create a conservation district, to consolidate two or more existing conservation districts, …

17D-3-203. Considerations in determining whether to approve conservation district creation, consolidation, division, or dissolution -- Denial or approval -- Notice and plat to lieutenant governor -- Recording requirements -- Prohibition against considering similar creation, conso…

17D-3-204. Commission action if conservation districts are consolidated, divided, or dissolved. (1) If two or more conservation districts are consolidated, the commission shall merge the assets and liabilities of the conservation districts that have been consolidated into the con…

17D-3-301. Board of supervisors -- Number -- Term -- Chair and officers -- Quorum -- Compensation. (1) A board of supervisors shall govern a conservation district. (2) The board of supervisors of a conservation district consists of five members appointed as provided in this part,…

17D-3-302. Board of supervisors members to be appointed -- Candidates nominated by nominating committee -- Candidate qualifications -- Nomination committee. (1) As provided in this part, the commissioner shall appoint a member of a board of supervisors of a conservation district …

17D-3-303. Nominating committee nomination of candidates for appointment to the board of supervisors. The nominating committee under Subsectionshall: (1) nominate for a conservation district a slate of candidates for appointment to the board of supervisors of the conservation dis…

17D-3-304. Petition to nominate candidates for appointment to the board of supervisors. (1) In addition to the procedure in Section, a person may be nominated to be a candidate for appointment as a member of a board of supervisors of a conservation district by a petition filed wi…

17D-3-305. Setting the date of nomination of the board of supervisors -- Notice requirements. (1) The commission shall set the date of the nomination of members of the board of supervisors of a conservation district. (2) The commission shall publish notice of the nomination day d…

17D-3-310. Vacancies in the board of supervisors. If a vacancy occurs in the office of board of supervisors member, the remaining members of the board of supervisors shall nominate an individual to the commissioner to appoint to fill the vacancy, to serve the remainder of the une…

17D-3-311. Training for board members. (1) A member of a board of supervisors shall, within one year after appointment, complete the training described in Subsection. (2) (2) The state auditor shall, with the assistance of the commission and an association that represents conserv…

17D-4-101. Title. This chapter is known as the "Public Infrastructure District Act."

17D-4-102. Definitions. As used in this chapter: (1) "Board" means the board of trustees of a public infrastructure district. (2) "Capital city" means a city of the first class that is the capital of the state that has a convention center within the boundary of the city. (3) "Con…

17D-4-103. Provisions applicable to public infrastructure districts. (1) A public infrastructure district: is a body corporate and politic with perpetual succession; is a quasi-municipal corporation; is a political subdivision of the state; is separate and distinct from, and inde…

17D-4-104. Conditions where property owner consent is not required. Any provision of this chapter requiring the consent or signatures of 100% of surface property owners within an applicable area, the consent of any public entity, utility provider, or owners' association that is a…

17D-4-201. Creation -- Annexation or withdrawal of property. (1) Except as provided in Subsection, Subsection, and in addition to the provisions regarding creation of a special district in, a public infrastructure district may not be created unless a petition is filed with the cr…

17D-4-202. Public infrastructure district board -- Governing document. (1) The legislative body or board of the creating entity shall: approve the governing document for the public infrastructure district through resolution; and this part. A governing document: shall include the …

17D-4-202.1. Convention center public infrastructure -- District board -- Petition and process requirements -- Governing document. (1) As used is this section: "City" means a municipality of the first class located in a county of the first class in which a convention center is lo…

17D-4-202.2. Public infrastructure district created by a development authority -- Board -- Governing document. (1) As used in this section: "Governing body" means the governing body of the development authority that created a public infrastructure district. "Grandfathered public …

17D-4-203. Public infrastructure district powers. (1) A public infrastructure district has all of the authority conferred upon a special district under Section. 17B-1-103 (2) A public infrastructure district may: issue negotiable bonds to pay: all or part of the costs of acquirin…