Utah Code 17B-2a-808.1. Large public transit district board of trustees powers and duties — Adoption of ordinances, resolutions, or orders — Effective date of ordinances
17B-2a-808.1. Large public transit district board of trustees powers and duties — Adoption of ordinances, resolutions, or orders — Effective date of ordinances.
(1)
The powers and duties of a board of trustees of a large public transit district stated in this section are in addition to the powers and duties stated in Section 17B-1-301.
Terms Used In Utah Code 17B-2a-808.1
Bond: means :
(a)
a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and
(b)
a lease agreement, installment purchase agreement, or other agreement that:
(i)
includes an obligation by the district to pay money; and
Contract: A legal written agreement that becomes binding when signed.
Executive director: means a person appointed by the board of trustees of a large public transit district to serve as executive director. See Utah Code 17B-2a-802
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Large public transit district: means a public transit district that provides public transit to an area that includes:
(a)
more than 65% of the population of the state based on the most recent official census or census estimate of the United States Census Bureau; and
Public transit: means regular, continuing, shared-ride, surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income. See Utah Code 17B-2a-802
Public transit district: means a special district that provides public transit services. See Utah Code 17B-2a-802
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
Subpoena: A command to a witness to appear and give testimony.
Transit facility: means a transit vehicle, transit station, depot, passenger loading or unloading zone, parking lot, or other facility:
(a)
leased by or operated by or on behalf of a public transit district; and
(b)
related to the public transit services provided by the district, including:
(i)
railway or other right-of-way;
(ii)
railway line; and
(iii)
a reasonable area immediately adjacent to a designated stop on a route traveled by a transit vehicle. See Utah Code 17B-2a-802
Transit-oriented development: means a mixed use residential or commercial area that is designed to maximize access to public transit and includes the development of land owned by a large public transit district. See Utah Code 17B-2a-802
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2)
The board of trustees of each large public transit district shall:
(a)
hold public meetings and receive public comment;
(b)
ensure that the policies, procedures, and management practices established by the public transit district meet state and federal regulatory requirements and federal grantee eligibility;
(c)
subject to Subsection (8), create and approve an annual budget, including the issuance of bonds and other financial instruments, after consultation with the local advisory council;
(d)
approve any interlocal agreement with a local jurisdiction;
(e)
in consultation with the local advisory council, approve contracts and overall property acquisitions and dispositions for transit-oriented development;
(f)
in consultation with constituent counties, municipalities, metropolitan planning organizations, and the local advisory council:
(i)
develop and approve a strategic plan for development and operations on at least a four-year basis; and
(ii)
create and pursue funding opportunities for transit capital and service initiatives to meet anticipated growth within the public transit district;
(g)
annually report the public transit district’s long-term financial plan to the State Bonding Commission;
(h)
annually report the public transit district’s progress and expenditures related to state resources to the Executive Appropriations Committee and the Infrastructure and General Government Appropriations Subcommittee;
(i)
annually report to the Transportation Interim Committee the public transit district’s efforts to engage in public-private partnerships for public transit services;
(j)
hire, set salaries, and develop performance targets and evaluations for:
(i)
the executive director; and
(ii)
all chief level officers;
(k)
supervise and regulate each transit facility that the public transit district owns and operates, including:
(i)
fix rates, fares, rentals, charges and any classifications of rates, fares, rentals, and charges; and
(ii)
make and enforce rules, regulations, contracts, practices, and schedules for or in connection with a transit facility that the district owns or controls;
(l)
subject to Subsection (4), control the investment of all funds assigned to the district for investment, including funds:
(i)
held as part of a district’s retirement system; and
(ii)
invested in accordance with the participating employees’ designation or direction pursuant to an employee deferred compensation plan established and operated in compliance with Section 457 of the Internal Revenue Code;
if a custodian is appointed under Subsection (3)(d), and subject to Subsection (4), pay the fees for the custodian’s services from the interest earnings of the investment fund for which the custodian is appointed;
(o)
(i)
cause an annual audit of all public transit district books and accounts to be made by an independent certified public accountant;
(ii)
as soon as practicable after the close of each fiscal year, submit to each of the councils of governments within the public transit district a financial report showing:
(A)
the result of district operations during the preceding fiscal year;
(B)
an accounting of the expenditures of all local sales and use tax revenues generated under 22;
(C)
the district’s financial status on the final day of the fiscal year; and
(D)
the district’s progress and efforts to improve efficiency relative to the previous fiscal year; and
(iii)
supply copies of the report under Subsection (2)(o)(ii) to the general public upon request;
(p)
report at least annually to the Transportation Commission created in Section 72-1-301, which report shall include:
(i)
the district’s short-term and long-range public transit plans, including the portions of applicable regional transportation plans adopted by a metropolitan planning organization established under 23 U.S.C. § 134; and
(ii)
any transit capital development projects that the board of trustees would like the Transportation Commission to consider;
(q)
direct the internal auditor appointed under Section 17B-2a-810 to conduct audits that the board of trustees determines, in consultation with the local advisory council created in Section 17B-2a-808.2, to be the most critical to the success of the organization;
(r)
together with the local advisory council created in Section 17B-2a-808.2, hear audit reports for audits conducted in accordance with Subsection (2)(o);
(s)
review and approve all contracts pertaining to reduced fares, and evaluate existing contracts, including review of:
(i)
how negotiations occurred;
(ii)
the rationale for providing a reduced fare; and
(iii)
identification and evaluation of cost shifts to offset operational costs incurred and impacted by each contract offering a reduced fare;
(t)
in consultation with the local advisory council, develop and approve other board policies, ordinances, and bylaws; and
(u)
review and approve any:
(i)
contract or expense exceeding $200,000; or
(ii)
proposed change order to an existing contract if the change order:
(A)
increases the total contract value to $200,000 or more;
(B)
increases a contract of or expense of $200,000 or more by 15% or more; or
(C)
has a total change order value of $200,000 or more.
(3)
A board of trustees of a large public transit district may:
(a)
subject to Subsection (5), make and pass ordinances, resolutions, and orders that are:
(i)
not repugnant to the United States Constitution, the Utah Constitution, or the provisions of this part; and
(ii)
necessary for:
(A)
the governance and management of the affairs of the district;
(B)
the execution of district powers; and
(C)
carrying into effect the provisions of this part;
(b)
provide by resolution, under terms and conditions the board considers fit, for the payment of demands against the district without prior specific approval by the board, if the payment is:
(i)
for a purpose for which the expenditure has been previously approved by the board;
(ii)
in an amount no greater than the amount authorized; and
(iii)
approved by the executive director or other officer or deputy as the board prescribes;
(c)
in consultation with the local advisory council created in Section 17B-2a-808.2:
(i)
hold public hearings and subpoena witnesses; and
(ii)
appoint district officers to conduct a hearing and require the officers to make findings and conclusions and report them to the board; and
(d)
appoint a custodian for the funds and securities under its control, subject to Subsection (2)(n).
(4)
For a large public transit district in existence as of May 8, 2018, on or before September 30, 2019, the board of trustees of a large public transit district shall present a report to the Transportation Interim Committee regarding retirement benefits of the district, including:
(a)
the feasibility of becoming a participating employer and having retirement benefits of eligible employees and officials covered in applicable systems and plans administered under Title 49, Utah State Retirement and Insurance Benefit Act;
(b)
any legal or contractual restrictions on any employees that are party to a collectively bargained retirement plan; and
(c)
a comparison of retirement plans offered by the large public transit district and similarly situated public employees, including the costs of each plan and the value of the benefit offered.
(5)
The board of trustees may not issue a bond unless the board of trustees has consulted and received approval from the State Finance Review Commission created in Section 63C-25-201.
(6)
A member of the board of trustees of a large public transit district or a hearing officer designated by the board may administer oaths and affirmations in a district investigation or proceeding.
(7)
(a)
The vote of the board of trustees on each ordinance or resolution shall be by roll call vote with each affirmative and negative vote recorded.
(b)
The board of trustees of a large public transit district may not adopt an ordinance unless it is introduced at least 24 hours before the board of trustees adopts it.
(c)
Each ordinance adopted by a large public transit district’s board of trustees shall take effect upon adoption, unless the ordinance provides otherwise.
(8)
(a)
For a large public transit district in existence on May 8, 2018, for the budget for calendar year 2019, the board in place on May 8, 2018, shall create the tentative annual budget.
(b)
The budget described in Subsection (8)(a) shall include setting the salary of each of the members of the board of trustees that will assume control on or before November 1, 2018, which salary may not exceed $150,000, plus additional retirement and other standard benefits, as set by the local advisory council as described in Section 17B-2a-808.2.
(c)
For a large public transit district in existence on May 8, 2018, the board of trustees that assumes control of the large public transit district on or before November 2, 2018, shall approve the calendar year 2019 budget on or before December 31, 2018.
