Contract: A legal written agreement that becomes binding when signed.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Development: includes the demolition, construction, reconstruction, modification, expansion, maintenance, operation, or improvement of a building, facility, utility, landscape, parking lot, park, trail, or recreational amenity. See Utah Code 63H-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.
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.
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
Military: includes , in relation to property, property that is occupied by the military and is owned by the government of the United States or the state. See Utah Code 63H-1-102
Military land: means land or a facility, including leased land or a leased facility, that is part of or affiliated with a base, camp, post, station, yard, center, or installation under the jurisdiction of the United States Department of Defense, the United States Department of Veterans Affairs, or the Utah National Guard. See Utah Code 63H-1-102
Personal property: All property that is not real property.
Project area: means the land, including military land, whether consisting of a single contiguous area or multiple noncontiguous areas, described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 63H-1-102
Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax, except as described in Subsection (20)(b), and each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 63H-1-102
Public entity: means :
(a)
the state, including each department or agency of the state; or
(b)
a political subdivision of the state, including the authority or a county, city, town, school district, special district, special service district, or interlocal cooperation entity. See Utah Code 63H-1-102
Public infrastructure and improvements: includes :
(i)
facilities, lines, or systems that harness geothermal energy or provide water, chilled water, steam, sewer, storm drainage, natural gas, electricity, or telecommunications;
(ii)
streets, roads, curb, gutter, sidewalk, walkways, tunnels, solid waste facilities, parking facilities, public transportation facilities, and parks, trails, and other recreational facilities;
(iii)
snowmaking equipment and related improvements that can also be used for water storage or fire suppression purposes; and
(iv)
a building and related improvements for occupancy by the public, the authority, the military, or military-related entities. See Utah Code 63H-1-102
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
Statute: A law passed by a legislature.
(2)
The authority is:
(a)
an independent, nonprofit, separate body corporate and politic, with perpetual succession and statewide jurisdiction, whose purpose is to facilitate the development of land within a project area or on military land associated with a project area;
(b)
a political subdivision of the state; and
(c)
a public corporation, as defined in Section 63E-1-102.
(3)
The authority may:
(a)
facilitate the development of land within one or more project areas, including the ongoing operation of facilities within a project area, or development of military land associated with a project area;
(b)
sue and be sued;
(c)
enter into contracts generally;
(d)
by itself or through a subsidiary, buy, obtain an option upon, or otherwise acquire any interest in real or personal property:
(i)
in a project area; or
(ii)
outside a project area for public infrastructure and improvements, if the board considers the purchase, option, or other interest acquisition to be necessary for fulfilling the authority’s development objectives;
(e)
sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or personal property;
(f)
enter into a lease agreement on real or personal property, either as lessee or lessor:
(i)
in a project area; or
(ii)
outside a project area, if the board considers the lease to be necessary for fulfilling the authority’s development objectives;
(g)
provide for the development of land within a project area or military land associated with the project area under one or more contracts;
(h)
exercise powers and perform functions under a contract, as authorized in the contract;
(i)
exercise exclusive police power within a project area to the same extent as though the authority were a municipality, including the collection of regulatory fees;
(j)
receive the property tax allocation and other taxes and fees as provided in this chapter;
(k)
accept financial or other assistance from any public or private source for the authority’s activities, powers, and duties, and expend any funds so received for any of the purposes of this chapter;
(l)
borrow money, contract with, or accept financial or other assistance from the federal government, a public entity, or any other source for any of the purposes of this chapter and comply with any conditions of the loan, contract, or assistance;
transact other business and exercise all other powers provided for in this chapter;
(p)
enter into a development agreement with a developer of land within a project area;
(q)
enter into an agreement with a political subdivision of the state under which the political subdivision provides one or more municipal services within a project area;
(r)
enter into an agreement with a private contractor to provide one or more municipal services within a project area;
exercise powers and perform functions that the authority is authorized by statute to exercise or perform;
(u)
enter into an agreement with the federal government or an agency of the federal government under which the federal government or agency:
(i)
provides law enforcement services only to military land within a project area; and
(ii)
may enter into a mutual aid or other cooperative agreement with a law enforcement agency of the state or a political subdivision of the state;
(v)
by itself or through a subsidiary, act as a facilitator under 3, to provide expertise and knowledge to another governmental entity interested in public-private partnerships;
(w)
enter into an intergovernmental support agreement under Title 10, U.S.C. Sec. 2679 with the military to provide support services to the military in accordance with the agreement;
(x)
act as a developer, or assist a developer chosen by the military, to develop military land as part of an enhanced use lease under Title 10, U.S.C. Sec. 2667; and
(y)
develop public infrastructure and improvements.
(4)
The authority may not itself provide law enforcement service or fire protection service within a project area but may enter into an agreement for one or both of those services, as provided in Subsection (3)(q).
(5)
The authority shall provide support to a subsidiary that enters into an agreement under Subsection (3)(v) that the authority determines necessary for the subsidiary to fulfill the requirements of the agreement.
(6)
Because providing procurement, utility, construction, and other services for use by a military installation, including providing public infrastructure and improvements for use or occupancy by the military, are core functions of the authority and are typically provided by a local government for the local government’s own needs or use, these services provided by the authority for the military under this chapter are considered to be for the authority’s own needs and use.
