63H-1-201.  Creation of military installation development authority — Status and powers of authority — Limitation.

(1)  There is created a military installation development authority.

Terms Used In Utah Code 63H-1-201

  • Authority: means the Military Installation Development Authority, created under Section 63H-1-201. See Utah Code 63H-1-102
  • Board: means the governing body of the authority created under Section 63H-1-301. See Utah Code 63H-1-102
  • 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, 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.
  • 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
  • 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: includes :Utah Code 68-3-12.5
  • 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: 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, except as described in Subsection (19)(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 a county, city, town, school district, local district, special service district, or interlocal cooperation entity. See Utah Code 63H-1-102
  • Publicly owned 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, 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)  as provided in this chapter, 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 publicly owned 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;

    (m)  issue bonds to finance the undertaking of any development objectives of the authority, including bonds under Title 11, Chapter 17, Utah Industrial Facilities and Development Act, and bonds under Title 11, Chapter 42, Assessment Area Act;

    (n)  hire employees, including contract employees;

    (o)  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;

    (s)  provide for or finance an energy efficiency upgrade, a renewable energy system, or electric vehicle charging infrastructure as defined in Section 11-42a-102, in accordance with Title 11, Chapter 42a, Commercial Property Assessed Clean Energy Act;

    (t)  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; and

    (v)  by itself or through a subsidiary, provide expertise and knowledge to another governmental entity interested in public-private partnerships.

    (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)  Because providing procurement, utility, construction, and other services for use by a military installation, including providing publicly owned 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.

    Amended by Chapter 282, 2020 General Session
    Amended by Chapter 354, 2020 General Session

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