Utah Code 35A-8-404. Commissioners — Appointment — Terms — Quorum — Meetings — Employment of other officers and employees authorized

(1)

If a housing authority is authorized to transact business and exercise powers under this part, not less than five nor more than seven people shall be appointed as commissioners of the authority:

Terms Used In Utah Code 35A-8-404

Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Area of operation: means :

(a)	in the case of an authority of a city, the city, except that the area of operation of an authority of a city does not include an area that lies within the territorial boundaries of some other city; or

(b)

in the case of an authority of a county, all of the county for which it is created except, that a county authority may not undertake a project within the boundaries of a city unless a resolution has been adopted by the governing body of the city, and by any authority which has been established and authorized to exercise its powers in the city, declaring that there is need for the county authority to exercise its powers within that city. See Utah Code 35A-8-401

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

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102

Governing body: means , in the case of a city, the council or other body of the city in which is vested legislative authority customarily imposed on the city council, and in the case of a county, the board of county commissioners. 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

project: means a work or undertaking, on contiguous or noncontiguous sites to:

(i)	demolish, clear, or remove buildings from a blighted area;

(ii)

provide or assist in providing decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of medium and low income by any suitable methods, including rental, sale of individual units in single or multifamily structures under conventional condominium, cooperative sales contract, lease-purchase agreement, loans, or subsidizing of rentals or charges; or

(iii)	accomplish a combination of Subsections (11)(a)(i) and (ii). See Utah Code 35A-8-401 Quorum: The number of legislators that must be present to do business.
(a)	in the case of a city, by the mayor, with the advice and consent of the city’s governing body; or

(b)	in the case of a county, by the county’s governing body.

(2)

(a)	The commissioners first appointed under this part shall serve for terms of one, two, three, four, and five years, respectively, from the date of their appointment.

(b)	After the first commissioners are appointed under Subsection (2)(a), commissioners are appointed for a term of office of four years.

(c)	Notwithstanding Subsections (2)(a) and (b), all vacancies are filled for the unexpired term.

(3)	A commissioner qualifies by taking the official oath of office.

(4)	A commissioner may not receive compensation except necessary expenses, including traveling expenses, incurred in the discharge of the commissioner’s duties.

(5)	A commissioner holds office until the commissioner’s successor is appointed and qualified.

(6)

A certificate of appointment or reappointment of a commissioner shall be:

(a)	filed with the authority; and

(b)	conclusive evidence of the appointment of the commissioner.

(7)	The powers of each authority are vested in the commissioners.

(8)

(a)	A majority of the commissioners of an authority constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes notwithstanding the existence of any vacancies.

(b)	The authority may take action upon a vote of a majority of the commissioners present, unless the bylaws of the authority require a larger number.

(9)

Meetings of the commissioners of an authority may be held:

(a)	anywhere within the area of operation of the authority; or

(b)	within any area not described in Subsection (9)(a) in which the authority is authorized to undertake a project.

(10)	The commissioners of an authority shall elect a chair and vice chair from the commissioners.

(11)	An authority may employ an executive director, legal and technical experts, and other officers, agents, and employees, permanent and temporary, and shall determine their qualifications, duties, and compensation.

(12)	An authority may delegate to one or more of its agents or employees any powers or duties the authority considers proper.

Renumbered and Amended by Chapter 212, 2012 General Session

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