United States — Utah Act or statute

United States — Utah legislation

Utah Code § 11-13-402, 2015

Source excerpt

bylawsfeesgovernanceinterlocal entity serviceslitigationofficerspowers

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2015
Dates: Enacted 2015

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Dates: Enacted 2015

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Purpose and legislative effect

“Governance -- Powers of governing authority. If an interlocal agreement does not establish an interlocal entity to conduct the joint or cooperative undertaking, the joint or cooperative undertaking shall be administered by a joint”

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Governance -- Powers of governing authority.

Section 11-13-402

Subsection 11-13-402(3)(b)

An interlocal entity may exercise powers and perform functions needed to accomplish its purpose, unless the chapter or the interlocal agreement says otherwise.

Section 11-13-402(3)(b)

Subsection 11-13-402(3)(b)(v)

establish and impose fees for services provided by the interlocal entity.

Section 11-13-402(3)(b)(v)

Subsection 11-13-402(5)(a)(ii)

Subject to Subsection (5)(b), the board may elect other officers as it considers appropriate.

Section 11-13-402(5)(a)(ii)

Subsection 11-13-402(5)(b)(ii)(B)

The governing board may designate a set term for each office.

Section 11-13-402(5)(b)(ii)(B)

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Source record from le.utah.gov · Enacted 2015

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Showing 21 of 21 provisions

Provision 21

Part 11-13-4

part 11-13-4 Governance

§ 11-13-402Governance -- Powers of governing authority.Provision

Source excerpt

Governance -- Powers of governing authority. If an interlocal agreement does not establish an interlocal entity to conduct the joint or cooperative undertaking, the joint or cooperative undertaking shall be administered by a joint administrator established in accordance with the interlocal agreement and Section 11-13-207 . If an interlocal entity has been established to conduct the joint or cooperative action, the interlocal entity shall be governed by a governing board as established in the interlocal agreement. A governing board: shall manage and direct the business and affairs of the interlocal entity; and has and may exercise a power or perform a function as provided in the interlocal agreement and this chapter that is necessary to accomplish the interlocal entity's purpose unless otherwise specified by this chapter or the interlocal agreement, including the following: delegate to an interlocal entity employee or officer the authority to exercise a power or to perform a function of the interlocal entity; control or direct litigation to which the interlocal entity is a party or in which it is otherwise involved; adopt bylaws for the orderly functioning of the governing board; adopt and enforce rules and regulations for the orderly operation of the interlocal entity or for carrying out the interlocal entity's purposes; and establish and impose fees for services provided by the interlocal entity. Each member of a governing board has and owes a fiduciary duty to the interlocal entity at large. Unless otherwise provided in the interlocal agreement, a governing board: shall elect from its board members a chair; and subject to Subsection (5)(b) , may elect other officers as the board considers appropriate. One person may not hold the office of chair and treasurer, treasurer and clerk, or clerk and chair. Unless otherwise provided in the interlocal agreement: an officer serves at the pleasure of the governing board; and the governing board may designate a set term for each office.

Section 11-13-402Verify source

§ 11-13-402(1)Subsection 11-13-402(1)Provision

Source excerpt

If no interlocal entity is created for a joint or cooperative undertaking, that undertaking must be administered by a joint administrator under the interlocal agreement and Section 11-13-207.

If an interlocal agreement does not establish an interlocal entity to conduct the joint or cooperative undertaking, the joint or cooperative undertaking shall be administered by a joint administrator established in accordance with the interlocal agreement and Section 11-13-207 .

Section 11-13-402(1)Verify source

§ 11-13-402(2)Subsection 11-13-402(2)Provision

Source excerpt

If an interlocal entity has been established for a joint or cooperative action, it must be governed by a governing board set out in the interlocal agreement.

If an interlocal entity has been established to conduct the joint or cooperative action, the interlocal entity shall be governed by a governing board as established in the interlocal agreement.

Section 11-13-402(2)Verify source

§ 11-13-402(3)Subsection 11-13-402(3)Provision

Source excerpt

A governing board must manage and direct the interlocal entity’s business and affairs, and may exercise necessary powers, delegate authority, control litigation, adopt bylaws and rules, and set fees, unless the chapter or interlocal agreement says otherwise.

A governing board: shall manage and direct the business and affairs of the interlocal entity; and has and may exercise a power or perform a function as provided in the interlocal agreement and this chapter that is necessary to accomplish the interlocal entity's purpose unless otherwise specified by this chapter or the interlocal agreement, including the following: delegate to an interlocal entity employee or officer the authority to exercise a power or to perform a function of the interlocal entity; control or direct litigation to which the interlocal entity is a party or in which it is otherwise involved; adopt bylaws for the orderly functioning of the governing board; adopt and enforce rules and regulations for the orderly operation of the interlocal entity or for carrying out the interlocal entity's purposes; and establish and impose fees for services provided by the interlocal entity.

Section 11-13-402(3)Verify source

§ 11-13-402(3)(a)Subsection 11-13-402(3)(a)Provision

Source excerpt

The interlocal entity must manage and direct its business and affairs.

shall manage and direct the business and affairs of the interlocal entity; and

Section 11-13-402(3)(a)Verify source

§ 11-13-402(3)(b)Subsection 11-13-402(3)(b)Provision

Source excerpt

An interlocal entity may exercise powers and perform functions needed to accomplish its purpose, unless the chapter or the interlocal agreement says otherwise.

has and may exercise a power or perform a function as provided in the interlocal agreement and this chapter that is necessary to accomplish the interlocal entity's purpose unless otherwise specified by this chapter or the interlocal agreement, including the following: delegate to an interlocal entity employee or officer the authority to exercise a power or to perform a function of the interlocal entity; control or direct litigation to which the interlocal entity is a party or in which it is otherwise involved; adopt bylaws for the orderly functioning of the governing board; adopt and enforce rules and regulations for the orderly operation of the interlocal entity or for carrying out the interlocal entity's purposes; and establish and impose fees for services provided by the interlocal entity.

Section 11-13-402(3)(b)Verify source

§ 11-13-402(3)(b)(i)Subsection 11-13-402(3)(b)(i)Provision

Source excerpt

An interlocal entity may delegate authority to an employee or officer to exercise a power or perform a function of the entity.

delegate to an interlocal entity employee or officer the authority to exercise a power or to perform a function of the interlocal entity;

Section 11-13-402(3)(b)(i)Verify source

§ 11-13-402(3)(b)(ii)Subsection 11-13-402(3)(b)(ii)Provision

Source excerpt

control or direct litigation to which the interlocal entity is a party or in which it is otherwise involved;

Section 11-13-402(3)(b)(ii)Verify source

§ 11-13-402(3)(b)(iii)Subsection 11-13-402(3)(b)(iii)Provision

Source excerpt

adopt bylaws for the orderly functioning of the governing board;

Section 11-13-402(3)(b)(iii)Verify source

§ 11-13-402(3)(b)(iv)Subsection 11-13-402(3)(b)(iv)Provision

Source excerpt

The interlocal entity must adopt and enforce rules and regulations for its orderly operation or to carry out its purposes.

adopt and enforce rules and regulations for the orderly operation of the interlocal entity or for carrying out the interlocal entity's purposes; and

Section 11-13-402(3)(b)(iv)Verify source

§ 11-13-402(3)(b)(v)Subsection 11-13-402(3)(b)(v)Provision

Source excerpt

establish and impose fees for services provided by the interlocal entity.

Section 11-13-402(3)(b)(v)Verify source

§ 11-13-402(4)Subsection 11-13-402(4)Provision

Source excerpt

Each governing board member owes a fiduciary duty to the interlocal entity at large.

Each member of a governing board has and owes a fiduciary duty to the interlocal entity at large.

Section 11-13-402(4)Verify source

§ 11-13-402(5)Subsection 11-13-402(5)Provision

Source excerpt

A governing board must elect a chair from its own members and may elect other officers, unless the interlocal agreement says otherwise.

Unless otherwise provided in the interlocal agreement, a governing board: shall elect from its board members a chair; and subject to Subsection (5)(b) , may elect other officers as the board considers appropriate. One person may not hold the office of chair and treasurer, treasurer and clerk, or clerk and chair. Unless otherwise provided in the interlocal agreement: an officer serves at the pleasure of the governing board; and the governing board may designate a set term for each office.

Section 11-13-402(5)Verify source

§ 11-13-402(5)(a)Subsection 11-13-402(5)(a)Provision

Source excerpt

Section 11-13-402(5)(a)Verify source

§ 11-13-402(5)(a)(i)Subsection 11-13-402(5)(a)(i)Provision

Source excerpt

It must elect a chair from among its board members.

shall elect from its board members a chair; and

Section 11-13-402(5)(a)(i)Verify source

§ 11-13-402(5)(a)(ii)Subsection 11-13-402(5)(a)(ii)Provision

Source excerpt

Subject to Subsection (5)(b), the board may elect other officers as it considers appropriate.

subject to Subsection (5)(b) , may elect other officers as the board considers appropriate.

Section 11-13-402(5)(a)(ii)Verify source

§ 11-13-402(5)(b)Subsection 11-13-402(5)(b)Provision

Source excerpt

One person may not hold incompatible offices of chair/treasurer, treasurer/clerk, or clerk/chair. Unless the interlocal agreement says otherwise, an officer serves at the governing board’s pleasure, and the board may set a term for each office.

One person may not hold the office of chair and treasurer, treasurer and clerk, or clerk and chair. Unless otherwise provided in the interlocal agreement: an officer serves at the pleasure of the governing board; and the governing board may designate a set term for each office.

Section 11-13-402(5)(b)Verify source

§ 11-13-402(5)(b)(i)Subsection 11-13-402(5)(b)(i)Provision

Source excerpt

One person may not simultaneously hold incompatible offices listed here.

One person may not hold the office of chair and treasurer, treasurer and clerk, or clerk and chair.

Section 11-13-402(5)(b)(i)Verify source

§ 11-13-402(5)(b)(ii)Subsection 11-13-402(5)(b)(ii)Provision

Source excerpt

Unless otherwise provided in the interlocal agreement: an officer serves at the pleasure of the governing board; and the governing board may designate a set term for each office.

Section 11-13-402(5)(b)(ii)Verify source

§ 11-13-402(5)(b)(ii)(A)Subsection 11-13-402(5)(b)(ii)(A)Provision

Source excerpt

An officer serves at the pleasure of the governing board.

an officer serves at the pleasure of the governing board; and

Section 11-13-402(5)(b)(ii)(A)Verify source

§ 11-13-402(5)(b)(ii)(B)Subsection 11-13-402(5)(b)(ii)(B)Provision

Source excerpt

The governing board may designate a set term for each office.

the governing board may designate a set term for each office.

Section 11-13-402(5)(b)(ii)(B)Verify source

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Utah Code § 11-13-402, 2015

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