(1) 

Terms Used In Utah Code 35A-8-403

  • authority: means a public body corporate and politic created by this part. See Utah Code 35A-8-401
  • City: means a city or town in the state. See Utah Code 35A-8-401
  • County: means a county in the state. See Utah Code 35A-8-401
  • Mayor: means the mayor of the city or the officer charged with the duties customarily imposed on the mayor or executive head of a city. See Utah Code 35A-8-401
  • Public body: means a city, county or municipal corporation, commission, district, authority, agency, subdivision, or other body of the foregoing. See Utah Code 35A-8-401
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  There is created, with respect to each Indian tribe, band, or community in the state, a public body corporate and politic, to function in the operating area of the Indian tribe, band, or community to be known as the “housing authority” of the Indian tribe, band, or community, which is an agency of this state, possessing all powers, rights, and functions specified for city and county authorities created under this part.

(b)  This Indian housing authority may not transact business or exercise its powers unless the governing council of the tribe, band, or community, by proper resolution, declares that there is a need for an authority to function for the tribe, band, or community.

(2) 

(a)  Except as otherwise provided in this part, the provisions of law applicable to housing authorities created for cities and counties and the commissioners of these authorities shall be applicable to Indian housing authorities and the commissioners of those authorities.

(b)  The chief or other governing head of an Indian tribe, band, or community may exercise all appointing and other powers with respect to an Indian housing authority that are vested by this part in the mayor of a city relating to a city housing authority.

Renumbered and Amended by Chapter 212, 2012 General Session