11-13-402.  Governance — Powers of governing authority.

(1)  If an interlocal agreement does not establish an interlocal entity to conduct the joint or cooperative undertaking, the joint or cooperative undertaking shall be administered by a joint administrator established in accordance with the interlocal agreement and Section 11-13-207.

Terms Used In Utah Code 11-13-402

  • Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
  • Fiduciary: A trustee, executor, or administrator.
  • Governing authority: means a governing board or joint administrator. See Utah Code 11-13-103
  • Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103
  • Interlocal entity: means :
(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or
(b) a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103
  • Joint administrator: means an administrator or joint board described in Section 11-13-207 to administer a joint or cooperative undertaking. See Utah Code 11-13-103
  • Joint or cooperative undertaking: means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. See Utah Code 11-13-103
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Member: means a public agency that, with another public agency, creates an interlocal entity under Section 11-13-203. See Utah Code 11-13-103
  • Person: means :Utah Code 68-3-12.5
    • (2)  If an interlocal entity has been established to conduct the joint or cooperative action, the interlocal entity shall be governed by a governing board as established in the interlocal agreement.

    (3)  A governing board:

    (a)  shall manage and direct the business and affairs of the interlocal entity; and

    (b)  has and may exercise a power or perform a function as provided in the interlocal agreement and this chapter that is necessary to accomplish the interlocal entity’s purpose unless otherwise specified by this chapter or the interlocal agreement, including the following:

    (i)  delegate to an interlocal entity employee or officer the authority to exercise a power or to perform a function of the interlocal entity;

    (ii)  control or direct litigation to which the interlocal entity is a party or in which it is otherwise involved;

    (iii)  adopt bylaws for the orderly functioning of the governing board;

    (iv)  adopt and enforce rules and regulations for the orderly operation of the interlocal entity or for carrying out the interlocal entity’s purposes; and

    (v)  establish and impose fees for services provided by the interlocal entity.

    (4)  Each member of a governing board has and owes a fiduciary duty to the interlocal entity at large.

    (5) 

    (a)  Unless otherwise provided in the interlocal agreement, a governing board:

    (i)  shall elect from its board members a chair; and

    (ii)  subject to Subsection (5)(b), may elect other officers as the board considers appropriate.

    (b) 

    (i)  One person may not hold the office of chair and treasurer, treasurer and clerk, or clerk and chair.

    (ii)  Unless otherwise provided in the interlocal agreement:

    (A)  an officer serves at the pleasure of the governing board; and

    (B)  the governing board may designate a set term for each office.

    Enacted by Chapter 265, 2015 General Session

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