17C-1-202.  Agency powers.

(1)  An agency may:

Terms Used In Utah Code 17C-1-202

  • Agency funds: means money that an agency collects or receives for agency operations, implementing a project area plan or an implementation plan as defined in Section 17C-1-1001, or other agency purposes, including:
(a) project area funds;
(b) income, proceeds, revenue, or property derived from or held in connection with the agency's undertaking and implementation of project area development or agency-wide project development as defined in Section 17C-1-1001;
(c) a contribution, loan, grant, or other financial assistance from any public or private source;
(d) project area incremental revenue as defined in Section 17C-1-1001; or
(e) property tax revenue as defined in Section 17C-1-1001. See Utah Code 17C-1-102
  • Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
  • Community: means a county or municipality. See Utah Code 17C-1-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
  • Project area development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:
    (a) promoting, creating, or retaining public or private jobs within the state or a community;
    (b) providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;
    (c) planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;
    (d) providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;
    (e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;
    (f) providing open space, including streets or other public grounds or space around buildings;
    (g) providing public or private buildings, infrastructure, structures, or improvements;
    (h) relocating a business;
    (i) improving public or private recreation areas or other public grounds;
    (j) eliminating a development impediment or the causes of a development impediment;
    (k) redevelopment as defined under the law in effect before May 1, 2006; or
    (l) any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102
  • Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102
  • Public entity: means :
    (a) the United States, including an agency of the United States;
    (b) the state, including any of the state's departments or agencies; or
    (c) a political subdivision of the state, including a county, municipality, school district, special district, special service district, community reinvestment agency, or interlocal cooperation entity. See Utah Code 17C-1-102
    (a)  sue and be sued;

    (b)  enter into contracts generally;

    (c)  buy, obtain an option upon, acquire by gift, or otherwise acquire any interest in real or personal property;

    (d)  hold, sell, convey, grant, gift, or otherwise dispose of any interest in real or personal property;

    (e)  own, hold, maintain, utilize, manage, or operate real or personal property, which may include the use of agency funds or the collection of revenue;

    (f)  enter into a lease agreement on real or personal property, either as lessee or lessor;

    (g)  provide for project area development as provided in this title;

    (h)  receive and use agency funds as provided in this title;

    (i)  if disposing of or leasing land, retain controls or establish restrictions and covenants running with the land consistent with the project area plan;

    (j)  accept financial or other assistance from any public or private source for the agency’s activities, powers, and duties, and expend any funds the agency receives for any purpose described in this title;

    (k)  borrow money or accept financial or other assistance from a public entity or any other source for any of the purposes of this title and comply with any conditions of any loan or assistance;

    (l)  issue bonds to finance the undertaking of any project area development or for any of the agency’s other purposes, including:

    (i)  reimbursing an advance made by the agency or by a public entity to the agency;

    (ii)  refunding bonds to pay or retire bonds previously issued by the agency; and

    (iii)  refunding bonds to pay or retire bonds previously issued by the community that created the agency for expenses associated with project area development;

    (m)  pay an impact fee, exaction, or other fee imposed by a community in connection with land development;

    (n)  subject to 10, levy a property tax; or

    (o)  transact other business and exercise all other powers described in this title.
  • (2)  The establishment of controls or restrictions and covenants under Subsection (1)(i) is a public purpose.

    (3)  An agency may acquire real property under Subsection (1)(c) that is outside a project area only if the board determines that the property will benefit a project area.

    (4)  An agency is not subject to Section 10-8-2 or 17-50-312.

    Amended by Chapter 214, 2021 General Session