(1)The powers and duties of a board of trustees of a large public transit district stated in this section are in addition to the powers and duties stated in Section 17B-1-301.
(2)The board of trustees of each large public transit district shall:
(2)(a) hold public meetings and receive public comment;
(2)(b) ensure that the policies established by the public transit district meet state and federal regulatory requirements and federal grantee eligibility;
(2)(c) approve an annual budget, including the issuance of bonds and other financial instruments, after consultation with the local advisory council;
(2)(d) approve any interlocal agreement with a local jurisdiction;
(2)(e) in consultation with the local advisory council, approve contracts and overall property acquisitions and dispositions
Free access — add to your briefcase to read the full text and ask questions with AI
(1) The powers and duties of a board of trustees of a large public transit district stated in this section are in addition to the powers and duties stated in Section 17B-1-301.
(2) The board of trustees of each large public transit district shall:
(2)(a) hold public meetings and receive public comment;
(2)(b) ensure that the policies established by the public transit district meet state and federal regulatory requirements and federal grantee eligibility;
(2)(c) approve an annual budget, including the issuance of bonds and other financial instruments, after consultation with the local advisory council;
(2)(d) approve any interlocal agreement with a local jurisdiction;
(2)(e) in consultation with the local advisory council, approve contracts and overall property acquisitions and dispositions for transit-oriented development;
(2)(f) (2)(f)(i) approve a strategic plan for development and operations proposed by the executive director pursuant to Subsection 17B-2a-811.1(2)(j); and
(2)(f)(ii) in coordination with the executive director, create and pursue funding opportunities for transit capital and service initiatives to meet anticipated growth within the public transit district and in accordance with the strategic plan;
(2)(g) create and annually report the public transit district's long-term financial plan to the State Finance Review Commission created in Section 63C-25-201;
(2)(h) annually report the public transit district's progress and expenditures related to state resources to the Executive Appropriations Committee and the Transportation and Infrastructure Appropriations Subcommittee;
(2)(i) annually report to the Transportation Interim Committee the public transit district's efforts to engage in public-private partnerships for public transit services;
(2)(j) hire, set salary, develop performance targets and evaluations for, and supervise the executive director;
(2)(k) regulate each transit facility that the public transit district owns and operates, including:
(2)(k)(i) fix rates, rentals, charges and any classifications of rates, rentals, and charges;
(2)(k)(ii) in consultation with the local advisory council, fix fares; and
(2)(k)(iii) make rules and approve contracts, practices, and schedules for or in connection with a transit facility that the district owns or controls;
(2)(l) control the investment of all funds assigned to the district for investment, including funds:
(2)(l)(i) held as part of a district's retirement system; and
(2)(l)(ii) invested in accordance with the participating employees' designation or direction pursuant to an employee deferred compensation plan established and operated in compliance with Section 457 of the Internal Revenue Code;
(2)(m) invest all funds according to the procedures and requirements of Title 51, Chapter 7, State Money Management Act;
(2)(n) if a custodian is appointed under Subsection (3)(d), pay the fees for the custodian's services from the interest earnings of the investment fund for which the custodian is appointed;
(2)(o) (2)(o)(i) cause an annual audit of all public transit district books and accounts to be made by an independent certified public accountant;
(2)(o)(ii) as soon as practicable after the close of each fiscal year, submit to each of the councils of governments within the public transit district a financial report showing:
(2)(o)(ii)(A) the result of district operations during the preceding fiscal year;
(2)(o)(ii)(B) an accounting of the expenditures of all local sales and use tax revenues generated under Title 59, Chapter 12, Part 22, Local Option Sales and Use Taxes for Transportation Act;
(2)(o)(ii)(C) the district's financial status on the final day of the fiscal year; and
(2)(o)(ii)(D) the district's progress and efforts to improve efficiency relative to the previous fiscal year; and
(2)(o)(iii) supply copies of the report under Subsection (2)(o)(ii) to the general public upon request;
(2)(p) report at least annually to the Transportation Commission created in Section 72-1-301, which report shall include:
(2)(p)(i) the district's short-term and long-range public transit plans, including the portions of applicable regional transportation plans adopted by a metropolitan planning organization established under 23 U.S.C. Sec. 134; and
(2)(p)(ii) any fixed guideway capital development projects that the board of trustees would like the Transportation Commission to consider;
(2)(q) (2)(q)(i) direct the internal auditor appointed under Section 17B-2a-810 to conduct audits that the board of trustees determines, in consultation with the local advisory council created in Section 17B-2a-808.2, to be the most critical to the success of the organization; and
(2)(q)(ii) if requested by the executive director and approved by the local advisory council, direct the internal auditor appointed under Section 17B-2a-810 to conduct an audit of an internal issue of the large public transit district;
(2)(r) hear audit reports for audits conducted in accordance with Subsection (2)(o);
(2)(s) review and approve all contracts pertaining to reduced fares, and evaluate existing contracts, including review of:
(2)(s)(i) how negotiations occurred;
(2)(s)(ii) the rationale for providing a reduced fare; and
(2)(s)(iii) identification and evaluation of cost shifts to offset operational costs incurred and impacted by each contract offering a reduced fare;
(2)(t) develop and approve other board policies, ordinances, and bylaws;
(2)(u) review and approve any:
(2)(u)(i) contract or expense exceeding $250,000; or
(2)(u)(ii) proposed change order to an existing contract if the change order:
(2)(u)(ii)(A) increases the total contract value to $250,000 or more;
(2)(u)(ii)(B) increases a contract of or expense of $250,000 or more by 25% or more; or
(2)(u)(ii)(C) has a total change order value of $250,000 or more;
(2)(v) coordinate with political subdivisions within the large public transit district and the department to coordinate public transit services provided by the large public transit district with pilot services related to public transit innovation grants; and
(2)(w) at least annually, engage with the safety and security team of the large public transit district to ensure coordination with local municipalities and counties.
(3) A board of trustees of a large public transit district may:
(3)(a) subject to Subsection (4), make and pass ordinances, resolutions, and orders that are:
(3)(a)(i) not repugnant to the United States Constitution, the Utah Constitution, or the provisions of this part; and
(3)(a)(ii) necessary for:
(3)(a)(ii)(A) the governance of the affairs of the district; and
(3)(a)(ii)(B) carrying into effect the provisions of this part;
(3)(b) provide by resolution, under terms and conditions the board considers fit, for the payment of demands against the district without prior specific approval by the board, if the payment is:
(3)(b)(i) for a purpose for which the expenditure has been previously approved by the board;
(3)(b)(ii) in an amount no greater than the amount authorized; and
(3)(b)(iii) approved by the executive director or other officer or deputy as the board prescribes;
(3)(c) in consultation with the local advisory council created in Section 17B-2a-808.2:
(3)(c)(i) hold public hearings and subpoena witnesses; and
(3)(c)(ii) appoint district officers to conduct a hearing and require the officers to make findings and conclusions and report them to the board; and
(3)(d) appoint a custodian for the funds and securities under its control, subject to Subsection (2)(n).
(4) The board of trustees may not issue a bond unless the board of trustees has consulted and received approval from the State Finance Review Commission created in Section 63C-25-201.
(5) A member of the board of trustees of a large public transit district or a hearing officer designated by the board may administer oaths and affirmations in a district investigation or proceeding.
(6) (6)(a) The vote of the board of trustees on each ordinance or resolution shall be by roll call vote with each affirmative and negative vote recorded.
(6)(b) The board of trustees of a large public transit district may not adopt an ordinance unless it is introduced at least 24 hours before the board of trustees adopts it.
(6)(c) Each ordinance adopted by a large public transit district's board of trustees shall take effect upon adoption, unless the ordinance provides otherwise.
(7) (7)(a) The board of trustees shall provide a report to each city and town within the boundary of the large public transit district, that shall provide an accounting of:
(7)(a)(i) the amount of revenue from local option sales and use taxes under this part that was collected within each respective county, city, or town and allocated to the large public transit district as provided in this part;
(7)(a)(ii) how much revenue described in Subsection (7)(a)(i) was allocated to provide public transit services utilized by residents of each city and town; and
(7)(a)(iii) how the revenue described in Subsection (7)(a)(i) was spent to provide public transit services utilized by residents of each respective city and town.
(7)(b) The board of trustees shall provide the report described in Subsection (7)(a):
(7)(b)(i) on or before January 1, 2025; and
(7)(b)(ii) at least every two years thereafter.
(7)(c) To provide the report described in this Subsection (7), a board of trustees may coordinate with the Department of Transportation to report on relevant public transit capital development projects administered by the Department of Transportation.