Utah Code 17D-2-202. Staff and personnel of a local building authority — Legal, accounting, and auditing services
Current as of: 2024 | Check for updates
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(1) A local building authority may:
Terms Used In Utah Code 17D-2-202
- Contract: A legal written agreement that becomes binding when signed.
- Creating local entity: means the local entity that creates or created the local building authority. See Utah Code 17D-2-102
- Governing body: means :(4)(a) for a county, city, or town, the legislative body of the county, city, or town;(4)(b) for a school district, the local school board for the school district;(4)(c) for a special district, the special district's board of trustees; and(4)(d) for a special service district, the special service district's governing body, as defined in Section 17D-1-102. See Utah Code 17D-2-102
- 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
- Local entity: means a county, city, town, school district, special district, or special service district. See Utah Code 17D-2-102
- Project: means an improvement, facility, property, or appurtenance to property that a local entity is permitted under law to own or acquire, whether located inside or outside the local entity's boundary, including:
(8)(a) a public building or other structure of any kind; and(8)(b) a joint or partial interest in the improvement, facility, property, or appurtenance to property. See Utah Code 17D-2-102- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) as necessary for the local building authority’s performance of its functions and activities:(1)(a)(i) subject to Subsection (2), contract for or employ staff and other personnel, including the personnel of the creating local entity; and(1)(a)(ii) contract with the creating local entity to use the creating local entity’s property or facilities; and(1)(b) include the cost of the use of the creating local entity’s personnel, property, or facilities under Subsection (1)(a) in the amount the local building authority charges under a lease or agreement with the creating local entity.(2)(2)(a) If a creating local entity has an elected attorney, that elected attorney shall be the legal advisor to and provide all legal services for the local building authority created by the creating local entity, subject to Subsection (3).(2)(b) If a creating local entity has an elected auditor, that elected auditor shall provide all accounting and auditing services for the local building authority created by the creating local entity, subject to Subsection (3).(2)(c) The local building authority shall reimburse the creating local entity for legal, accounting, and auditing services provided by the creating local entity’s elected attorney or auditor, based on the actual cost of the services, including a reasonable amount that the creating local entity allocates for overhead, employee benefits, and general and administrative costs.(3) Subsection (2) may not be construed to prevent a local building authority from obtaining:(3)(a) with the consent of the elected attorney and the governing body, legal services from an outside attorney;(3)(b) with the consent of the elected auditor and the governing body, accounting or auditing services from an outside accountant or auditor; or(3)(c) an opinion of an outside attorney or accountant that is necessary for the issuance of the local building authority’s bonds.(4) If fees for legal, accounting, or auditing services related to a project are paid by the creating local entity and not reimbursed by the local building authority, the local building authority may not include the cost of those services in the amount the local building authority charges under a lease agreement with the creating local entity with respect to that project.