63H-1-201 - Creation of military installation development authority -- Status and powers of authority -- Limitation.
63H-1-201. Creation of military installation development authority -- Status andpowers of authority -- Limitation.
(1) There is created a military installation development authority.
(2) The authority is:
(a) an independent, nonprofit, separate body corporate and politic, with perpetualsuccession and statewide jurisdiction, whose purpose is to facilitate the development of militaryland in 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 moreproject areas, including the ongoing operation of facilities within a project area;
(b) sue and be sued;
(c) enter into contracts generally;
(d) buy, obtain an option upon, or otherwise acquire any interest in real or personalproperty:
(i) in a project area; or
(ii) outside a project area for publicly owned infrastructure and improvements, if theboard considers the purchase, option, or other interest acquisition to be necessary for fulfillingthe authority's development objectives;
(e) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real orpersonal 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 fulfillingthe authority's development objectives;
(g) provide for the development of land within a project area under one or morecontracts;
(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 theauthority were a municipality, including the collection of regulatory fees;
(j) receive tax increment and other taxes and fees as provided in this chapter;
(k) accept financial or other assistance from any public or private source for theauthority's activities, powers, and duties, and expend any funds so received for any of thepurposes of this chapter;
(l) borrow money, contract with, or accept financial or other assistance from the federalgovernment, a public entity, or any other source for any of the purposes of this chapter andcomply with any conditions of the loan, contract, or assistance;
(m) issue bonds to finance the undertaking of any development objectives of theauthority, including bonds under Title 11, Chapter 17, Utah Industrial Facilities andDevelopment 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 municipalservices within a project area; and
(s) exercise powers and perform functions that the authority is authorized by statute toexercise or perform.
(4) The authority may not itself provide law enforcement service or fire protectionservice within a project area but may enter into an agreement for one or both of those services, asprovided in Subsection (3)(q).
Amended by Chapter 9, 2010 General Session