Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992
CHAPTER 534-S.F.No. 2514
An act relating to hospital districts; providing for
board membership and elections in the Yellow Medicine
county hospital district; providing for the
organization, administration, and operation of a
hospital district in the county of Swift and the city
of Benson; amending Laws 1963, chapter 276, sections
2, subdivision 2, and by adding subdivisions; and 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Laws 1963, chapter 276, section 2, subdivision
2, is amended to read:
Subd. 2. One third of the members of the first hospital
board shall be appointed for a term to expire one year from
December 31 next following such appointment, one third for a
term to expire two years from such date, and one third for a
term to expire three years from such date. Successors to the
original board members shall each be elected for terms of three
years, and all members shall hold office until their successors
are elected and qualify. Terms of all members shall expire on
December 31. In case of a vacancy on the hospital board,
whether due to death, removal from the district, inability to
serve, resignation, or other cause the majority of the remaining
members of the hospital board, at its next regular or special
meeting, shall make an appointment to fill such vacancy for the
then unexpired term. The election of successors to the original
board members shall be elected by popular vote of the qualified
voters in the hospital district. Such elections and any special
elections shall be called and conducted in accordance with the
provisions of Minnesota Statutes, Section 447.32, Subdivisions
1, 2, 3, and 4 insofar as the same is applicable.
Sec. 2. Laws 1963, chapter 276, section 2, is amended by
adding a subdivision to read:
Subd. 2a. The hospital board shall, by resolution, fix a
date for an election, not later than December 7 just before the
expiration of board members' terms. It shall establish the
whole district as a single election precinct and shall designate
the polling place. Special elections may be called at any time
by the hospital board to vote on any matter required by law to
be submitted to the voters. Special elections must be held
within the same election precinct and at the same polling place
as regular elections. Advisory ballots may be submitted by the
hospital board on any question it wishes concerning the affairs
of the district, but only at a regular election or at a special
election required for another purpose.
Sec. 3. Laws 1963, chapter 276, section 2, is amended by
adding a subdivision to read:
Subd. 2b. At least two weeks before the first day to file
affidavits of candidacy, the clerk of the district shall publish
a notice stating the first and last day on which affidavits of
candidacy may be filed, the places for filing the affidavits,
and the closing time of the last day for filing. The clerk
shall post a similar notice. At least two weeks before the
election the clerk of the district shall publish a notice of the
election, and at least ten days before the election the clerk
shall post a notice of the election. A notice required to be
published under this subdivision must be published in the
official newspaper of the district, or, if a paper has not been
designated, in a legal newspaper having general circulation
within the district. A notice required to be posted under this
subdivision shall be posted in at least one public and
conspicuous place within each city and town included in the
district. Failure to give notice does not invalidate the
election of an officer of the district. A voter may contest a
hospital district election in accordance with Minnesota
Statutes, chapter 209.
Sec. 4. Laws 1963, chapter 276, section 2, is amended by
adding a subdivision to read:
Subd. 2c. (a) A candidate for the hospital board shall
file an affidavit of candidacy for the election either as a
member at large or as a member representing the city or town
where the candidate resides. The affidavit of candidacy must be
filed with the city or town clerk not more than ten weeks nor
less than eight weeks before the election. The city or town
clerk must forward the affidavits of candidacy to the clerk of
the hospital district immediately after the last day of the
filing period. A candidate may withdraw from the election by
filing an affidavit of withdrawal with the clerk of the district
no later than 12:00 p.m. on the day after the last day to file
affidavits of candidacy.
(b) Voting must be by secret ballot. The clerk shall
prepare, at the expense of the district, necessary ballots for
the election of officers. Ballots must contain the names of the
proposed candidates for each office, the length of the term of
each office, and an additional blank space for the insertion of
another name by the voter. The ballots must be marked and
initialed by at least two judges as official ballots and used
exclusively at the election. Any proposition to be voted on may
be printed on the ballot provided for the election of officers
or on a different ballot. The hospital board may also authorize
the use of voting machines subject to Minnesota Statutes,
chapter 206. At least two election judges shall be appointed to
receive the votes. They may be paid by the district at a rate
set by the board. The election judges shall act as clerks of
election, count the ballots cast, and submit them to the board
for canvass.
(c) After canvassing the election, the board shall issue a
certificate of election to the candidate who received the
largest number of votes cast for each office. The clerk shall
deliver the certificate to the person entitled to it in person
or by certified mail. Each person certified shall file an
acceptance and oath of office in writing with the clerk within
30 days after the date of delivery or mailing of the
certificate. If the person elected fails to qualify within 30
days, a majority of the remaining members of the board may
appoint a successor, but qualification is effective if made
before the board acts to fill the vacancy.
Sec. 5. Laws 1963, chapter 276, section 4, is amended to
read:
Sec. 4. [MEETINGS OF THE BOARD.] Regular meetings of the
hospital board shall be held at least once a month annually, and
may meet more frequently, at such time times and place places
as the board shall by resolution determine. Special meetings
may be held at any time upon the call of the chairman or of any
two other members, upon written notice mailed to each member
three days prior to the meeting, or upon such other notice as
the board, by resolution, may provide, or without notice, if
each member is present or files with the secretary a written
consent to the holding of the meeting, which consent may be
filed before or after the meeting. Any action within the
authority of the board may be taken by the vote of a majority of
the members present at a regular or adjourned meeting or at a
duly called special meeting if a quorum is present. A majority
of all the members of the board shall constitute a quorum, but a
lesser number may meet and adjourn from time to time.
Sec. 6. [COUNTY OF SWIFT; CITY OF BENSON: REORGANIZATION
OF JOINT POWERS HOSPITAL.]
Subdivision 1. [AUTHORIZATION.] Any hospital organized and
operating under a joint powers agreement between the county of
Swift and the city of Benson may be reorganized and operate
pursuant to the provisions of sections 6 to 20, upon compliance
with subdivision 2.
Subd. 2. [REORGANIZATION.] In order to effect a
reorganization, the existing governing body of the hospital
shall file its request for reorganization with the county board
of the county of Swift and the city council of the city of
Benson and the county board and city council shall then at their
next regular meetings consider the establishment of a hospital
district under sections 6 to 20. Upon the adoption of
resolutions by each political subdivision stating that the
reorganization is effective and assigning a name to the hospital
district the creation of the hospital district shall be effected.
Subd. 3. [REORGANIZATION; DISSOLUTION.] After a hospital
district is organized under sections 6 to 20, upon approval by
the city and the county, it may reorganize and operate under and
pursuant to Minnesota Statutes, sections 447.31 to 447.50; or it
may be dissolved in accordance with Minnesota Statutes, section
447.38, provided that in that event the county and the city
shall be deemed to be the governmental subdivisions that may
petition for dissolution and upon dissolution one-third of the
assets of the district shall be conveyed to the city and
two-thirds shall be conveyed to the county.
Subd. 4. [POLITICAL SUBDIVISION.] For the purpose of laws
applicable to political subdivisions the hospital district shall
be a political subdivision but shall not have taxing authority.
Sec. 7. [HOSPITAL BOARD; APPOINTMENT; TERMS.]
Subdivision 1. [GOVERNING BOARD.] The hospital district
shall be governed by a board of directors of at least nine and
not more than 12 voting members, elected as provided in
subdivision 2. All members of the hospital board at the time
the hospital district is organized shall continue in office
until the members of the first board of the hospital district
are elected and qualify.
Subd. 2. [ELECTION.] Three directors shall be elected by
the city council and six directors shall be elected by the
county board. Up to three additional voting members and
additional nonvoting members may be provided for in bylaws
adopted pursuant to section 5, subdivision 5. As nearly as
possible, one-third of the members of the first board of
directors shall be elected for a term to expire one year from
the next December 31 following that election, one-third for a
term to expire two years from that date, and one-third for a
term to expire three years from that date. Each of the
political subdivisions electing directors shall assign terms of
office to each director according to these staggered terms.
Successors to the first board members shall each be elected for
terms of three years, and all members shall hold office until
their successors are elected and qualify. Terms of office shall
expire on December 31. In case of vacancy on the board of
directors, whether due to death, removal from the district,
inability to serve, resignation, removal by the entity that
elected the director, or other cause, the majority of the
governing body of the entity that elected the director whose
position is vacant shall elect a director to fill such vacancy
for the then unexpired term.
Subd. 3. [COMPENSATION.] The members of the board of
directors may receive compensation for their services as such
and may be reimbursed for reasonable expenses necessarily
incurred in the performance of their duties to the extent
provided for in bylaws adopted pursuant to section 5,
subdivision 5.
Subd. 4. [IMMUNITY FROM LIABILITY.] Except as otherwise
provided in this subdivision, no person who serves without
compensation as a member of the board of directors shall be held
civilly liable for an act or omission by that person if the act
or omission was in good faith, was within the scope of the
person's responsibilities as a member of the board, and did not
constitute willful or reckless misconduct. This subdivision
does not apply to:
(1) an action or proceeding brought by the attorney general
for a breach of a fiduciary duty as a director;
(2) a cause of action to the extent it is based on federal
law; or
(3) a cause of action based on the board member's express
contractual obligation.
Nothing in this subdivision shall be construed to limit the
liability of a member of the board for physical injury to the
person of another or for wrongful death which is personally and
directly caused by the board member.
For purposes of this subdivision, the term "compensation"
means any thing of value received for services rendered, except:
(1) reimbursement for expenses actually incurred;
(2) a per diem in an amount not to exceed the per diem
authorized for state advisory councils and committees pursuant
to Minnesota Statutes, section 15.059, subdivision 3; or
(3) payment by the hospital district of insurance premiums
on behalf of a member of the board.
Sec. 8. [OFFICERS OF THE BOARD.]
Subdivision 1. [OFFICES; ELECTION.] At the first meeting
of the board of directors of the hospital district, and at each
first regular meeting after December 31, the board shall elect,
from their number, a chair, a vice-chair, a secretary, and a
treasurer. Each officer elected at the first regular meeting
after December 31 shall hold office for one year, and until the
officer's successor has been duly elected and qualified. In
case of vacancy in any office the chair shall appoint a member
to fill the vacancy until the next regular election of officers.
Subd. 2. [DUTIES.] The officers shall have the duties
specified in this subdivision and additional duties as set forth
in bylaws adopted in accordance with section 5, subdivision 5.
The chair shall preside at all meetings of the board of
directors and shall perform all duties usually incumbent upon
such an officer. The vice-chair shall preside in the absence of
the chair. The secretary shall record the minutes of all
meetings of the board and be the custodian of all books and
records of the district. The treasurer shall be the custodian
of money received by the district and shall see that they are
properly accounted for. The board may appoint deputies who
shall perform any functions and duties of any officer, subject
to the supervision and control of the officer.
Sec. 9. [MEETINGS OF THE BOARD.]
Regular meetings of the board of directors shall be held at
least quarterly and more frequently as provided in bylaws of the
hospital district, at the time and place as the board shall by
resolution determine. The meetings may be held at any time upon
the call of the chair or of any two other members, upon written
notice mailed to each member three days prior to the meeting, or
upon other notice as the board, by resolution or according to
bylaws adopted by the board of directors, may provide, or
without notice, if each member is present or files with the
secretary a written consent to the holding of the meeting, which
consent may be filed before or after the meeting. Any action
within the authority of the board may be taken by the vote of a
majority of the members present at a regular or adjourned
meeting or at a duly called special meeting if a quorum is
present. A majority of all the members of the board shall
constitute a quorum, but a lesser number may meet and adjourn
from time to time.
Sec. 10. [THE HOSPITAL DISTRICT AND ITS POWERS.]
Subdivision 1. [AUTHORITY; STATUS; PREEXISTING
OBLIGATION.] The hospital district shall have perpetual
succession, may contract and be contracted with, may sue and be
sued, may, but shall not be required to, use a corporate seal,
may acquire real and personal property as it may require, within
or without the district, by purchase, gift, devise, lease,
condemnation, or otherwise, and may hold, manage, control, sell,
convey, or otherwise dispose of such property as its interests
require. All of the assets, real and personal, of the
preexisting hospital organization owned by the county and the
city, doing business as Swift County-Benson Hospital, shall pass
to the hospital district in fee title or by lease, and all
legally valid and enforceable claims and contract obligations of
the preexisting hospital organization shall be assumed by the
district. All taxable property in the city of Benson and the
county of Swift shall continue to be taxable for the payment of
any bonded debt previously incurred by the preexisting hospital
or by the city of Benson or the county of Swift on behalf of the
preexisting hospital. Any properties, real, personal, or mixed,
which are acquired, owned, leased, controlled, used, or occupied
by the district shall be exempt from general property taxation
by the state or any of its political subdivisions, but nothing
in sections 6 to 20, shall prevent the levy of special
assessments for public improvements benefiting the property.
Subd. 2. [BUDGET.] The board of directors shall adopt a
budget for each ensuing year and shall provide the budget to the
city council and the county board prior to the beginning of the
year to which the budget applies. The city council and county
board may consider the budget and provide their comments and
recommendations to the board of directors.
Subd. 3. [POWERS.] (a) The hospital district shall have
all the powers necessary and convenient to provide for the
acquisition, betterment, operation, maintenance, and
administration for the hospital, including nursing home, other
facilities for the residential occupancy of ambulatory elderly
citizens who do not require nursing home or general hospital
care and related programs, as the board of directors shall
determine to be necessary and expedient. The enumeration of
specific powers herein does not restrict the power of the board
to take any lawful action which, in the reasonable exercise of
its discretion, it deems necessary or convenient for the
furtherance of the purpose for which the district exists,
whether or not the power to take the action is implied from any
of the powers expressly granted. These powers shall include,
but not be limited to, the power to:
(1) employ management, administrative, nursing, and other
personnel, legal counsel, engineers, architects, accountants,
and other qualified persons, who may be paid for their services
by monthly salaries, hourly wages, and pension benefits, or by
fees as may be agreed on;
(2) cause reports, plans, studies, and recommendations to
be prepared;
(3) when acquiring real and personal property as authorized
in subdivision 1, contract for the acquisition by option,
contract for deed, conditional sales contract, or otherwise;
(4) construct, equip, and furnish necessary buildings and
grounds and maintain the same;
(5) adopt bylaws and rules and regulations to govern the
operation and administration of any and all hospital, nursing
home, and other facilities under its control, and for the
admission of persons thereto;
(6) impose and collect charges for all services and
facilities provided and made available by it;
(7) borrow money and issue bonds as prescribed in sections
6 to 20;
(8) procure insurance against liability of the district or
its officers and employees, or both, for torts committed within
the scope of their official duties, whether governmental or
proprietary, or for errors and omissions, and against damage to
or destruction of any of its facilities, equipment or other
property;
(9) subject to subdivision 4, sell or lease any of its
facilities or equipment as may be expedient;
(10) cause annual audits to be made of its accounts, books,
vouchers, and funds by competent public accountants; this
provision shall be construed to be mandatory;
(11) require a corporate surety bond from officers and
employees of the district, and in the amount the board shall
determine, and authorize payment of the premiums therefor; or
(12) provide loans to students as provided in Minnesota
Statutes, section 447.331.
(b) If the Swift county or Benson hospital is sold or
leased to a private organization, the successor employer shall
provide hospital employees who were members of the public
employees retirement association immediately before the lease or
sale a pension program and benefits comparable to those provided
by the public employees retirement association.
Subd. 4. [APPROVAL FOR SALE OR LEASE.] Nothing contained
in section 5 shall be construed to authorize the district or its
board of directors to at any time sell, lease, or otherwise
transfer the management, control or operation of the hospital,
including nursing home or other facilities, except upon approval
by a majority vote of the county board and the city council.
Subd. 5. [BYLAWS.] Bylaws shall be adopted to further
govern the operation of the hospital district. Bylaws or any
amendment or repeal of them, shall first be adopted by the board
of directors, but shall not take effect until approved by the
county board and the city council. Bylaws may address any
subject matter pertinent to the organization and operation of
the hospital district consistent with sections 6 to 20, and
other applicable laws.
Sec. 11. [PAYMENT OF EXPENSES.]
Expenses of acquisition, betterment, administration,
operation, and maintenance of the hospital district shall be
paid from the revenue derived therefrom and, to the extent
authorized by sections 6 to 20, from the proceeds of debt
incurred for the benefit of the district, and to the extent
determined from time to time by the county board or the city
council, from appropriations made by the county board or the
city council. Money appropriated by the board of county
commissioners and the city council to acquire or improve
facilities of the hospital district may be transferred in the
discretion of the board of directors to a sinking fund for bonds
issued for that purpose. The hospital board may agree to repay
to the county and the city any sums appropriated by the county
board or the city council for this purpose, out of the net
revenues to be derived from operation of its facilities, and
subject to the terms agreed on.
Sec. 12. [TEMPORARY BORROWING AUTHORITY.]
Subdivision 1. [CERTIFICATES OF INDEBTEDNESS.] Subject to
the approval of the city and the county, the hospital district
may borrow money by issuing certificates of indebtedness in
anticipation of revenues and federal aids. Total indebtedness
for the certificates must not exceed $50,000. The proceeds must
be used for expenses of administration, operation, and
maintenance of the district's hospital, nursing home, or other
facilities. The approval of the city and county shall be
effected by an affirmative vote of their respective governing
bodies.
Subd. 2. [RESOLUTION.] The district may authorize and
borrow and issue the certificates of indebtedness on passage of
a resolution specifying the amount and reasons for borrowing.
The resolution must be adopted by a vote of at least two-thirds
of its board members, excluding board members who may not vote.
The board shall fix the amount, date, maturity, form,
denomination, and other details of the certificates and the date
and place for receipt of bids for their purchase. The board
shall direct the secretary to give notice of the date and place
fixed.
Subd. 3. [TERMS OF CERTIFICATES.] Certificates must become
due and payable no later than two years from the date of
issuance. Certificates must be negotiable and payable to the
order of the payee and have a definite due date but may be
payable on or before the due date. Certificates must be sold
for at least par and accrued interest and must bear interest at
not more than eight percent a year. Interest must be payable at
maturity or earlier as the board determines. The proceeds of
current county or city appropriations, revenues derived from the
facilities of the district and future federal aids, and any
other district funds that become available must be applied to
the extent necessary to repay the certificates.
Sec. 13. [HOSPITALS, NURSING HOMES, AND OTHER FACILITIES;
FINANCING AND LEASING.]
Subdivision 1. [FINANCING.] Subject to the approval of the
city and the county, the hospital district may issue revenue
bonds by resolution of its governing body to finance the
acquisition and betterment of hospital, nursing home, and other
facilities. This power is in addition to other powers granted
by law and includes, but is not limited to, the payment of
interest during construction and for a reasonable period after
construction and the establishment of reserves for bond payment
and for working capital. The approval of the city and county
shall be effected by an affirmative vote of their respective
governing bodies. In connection with the acquisition of any
existing hospital or nursing home facilities, the city, county,
or district may retire outstanding indebtedness incurred to
finance the construction of the existing facilities.
Subd. 2. [PLEDGE OF REVENUE.] The hospital district may
pledge and appropriate the revenues to be derived from its
operation of the facilities to pay the principal and interest on
the bonds when due and to create and maintain reserves for that
purpose, as a first and prior lien on the revenues or, if so
provided in the bond resolution, as a lien on the revenues
subordinate to the current payment of a fixed amount or
percentage or all of the costs of running the facilities.
Sec. 14. [SECURITY FOR BONDS; PLEDGE OF CREDIT FOR BONDS.]
In the issuance of bonds the revenues or rentals must be
pledged and appropriated by resolution for the use and benefit
of bondholders generally, or may be pledged by the execution of
an indenture or other appropriate instrument to a trustee for
the bondholders. The site and facilities, or any part of them,
may be mortgaged to the trustee. The governing body may enter
into any covenants with the bondholders or trustee that it finds
necessary and proper to assure the marketability of the bonds,
the completion of the facilities, the segregation of the
revenues or rentals and other funds pledged, and the sufficiency
of funds for prompt and full payment of bonds and interest. The
bonds shall be deemed to be payable wholly from the income of a
revenue-producing convenience within the meaning of Minnesota
Statutes, section 475.58, unless the appropriate governing body
also pledges to their payment the full faith and credit of the
county or city. In this event, notice of the intent to issue
bonds with a pledge of the full faith and credit of the county
or city specifying the maximum amount and the purpose of the
bond issue shall be published and if, within ten days of the
date of publication, a petition asking for an election on the
proposition signed by voters equal to ten percent of the number
of voters at the last regular election is filed with the
secretary, the bonds may not be issued unless approved by a
majority of the electors voting on the question at a legal
election.
Sec. 15. [MISCELLANEOUS PROVISIONS.]
Bonds issued under sections 8 to 13 must be issued and sold
as provided in Minnesota Statutes, chapter 475. If the bonds do
not pledge the credit of the hospital district as provided in
section 10, the governing body may negotiate their sale without
advertisement for bids. They shall not be included in the net
debt of any municipality or county, and are not subject to
interest rate limitations, as defined or referred to in
Minnesota Statutes, sections 475.51 and 475.55.
Sec. 16. [LEASE OF FACILITIES TO NONPROFIT OR PUBLIC
CORPORATION.]
Subject to section 5, subdivision 4, the hospital district
may lease hospital, nursing home, or other facilities to be run
by a nonprofit or public corporation as community facilities.
The facilities must be open to all residents of the community on
equal terms. The district may lease related medical facilities
to any person, firm, association, or corporation, at rent and on
conditions agreed. The term of the lease must not exceed 30
years. The lessee may be granted an option to renew the lease
for an additional term or to purchase the facilities. The terms
of renewal or purchase must be provided for in the lease. The
hospital district may by resolution of its governing body agree
to pay to the lessee annually, and to include in each annual
budget for hospital and nursing home purposes, a fixed
compensation for services agreed to be performed by the lessee
in running the hospital, nursing home, or other facilities as a
community facility; for any investment by the lessee of its own
funds or funds granted or contributed to it in the construction
or equipment of the hospital, nursing home, or other facilities;
and for any auxiliary services to be provided or made available
by the lessee through other facilities owned or operated by it.
Services other than those provided for in the lease agreement
may be compensated at rates agreed upon later. The lease
agreement must, however, require the lessee to pay a net rental
not less than the amount required to pay the principal and
interest when due on all revenue bonds issued by the hospital
district to acquire, improve, and refinance the leased
facilities, and to maintain the agreed revenue bond reserve.
The lease agreement must not grant the lessee an option to
purchase the facilities at a price less than the amount of the
bonds issued and interest accrued on them, except bonds and
accrued interest paid from the net rentals before the option is
exercised.
To the extent that the facilities are leased under this
section for use by persons in private medical or dental or
similar practice or other private business, a tax on that use
must be imposed just as though the user were the owner of the
space. It must be collected as provided in Minnesota Statutes,
section 272.01, subdivision 2.
Sec. 17. [REFUNDING BONDS.]
The county, city, or hospital district may issue bonds by
resolution of its governing body to refund bonds issued for the
purposes stated in sections 6 to 20.
Sec. 18. [SWIFT COUNTY.]
The county of Swift may make appropriations in whatever
amount it deems appropriate for capital acquisition, capital
improvements, maintenance, and operating subsidy for a hospital
district created under sections 6 to 20, and any other hospital
in the county notwithstanding Minnesota Statutes, sections
376.08 and 376.09 or any other limiting statutes or laws
otherwise applicable to the county. The county may also
guarantee any indebtedness incurred by or on behalf of the
hospital and pledge its full faith and credit in support of it.
Sec. 19. [CITY OF BENSON.]
The city of Benson may make appropriations in whatever
amount it deems appropriate for the purposes of capital
acquisition, capital improvements, maintenance, and operating
subsidy for a hospital district created under sections 6 to 20,
notwithstanding any limiting statutes or laws otherwise
applicable to the city. The city may also guarantee any
indebtedness incurred by or on behalf of the hospital and pledge
its full faith and credit in support of it.
Sec. 20. [POWERS SUPPLEMENTARY.]
The powers granted in sections 6 to 20 are supplementary to
and not in substitution for any other powers possessed by
political subdivisions in connection with the acquisition,
betterment, administration, operation, and maintenance of
hospitals, nursing homes, and related facilities and programs or
the creation of hospital districts.
Sec. 21. [EFFECTIVE DATE.]
Sections 1 to 5 are effective the day after compliance with
Minnesota Statutes, section 645.021, subdivision 3, by the
governing body of the Yellow Medicine county hospital district.
Sections 6 to 20 are effective upon approval by majority of
the county board of the county of Swift and by a majority of the
city council of the city of Benson and upon compliance with all
other provisions of Minnesota Statutes, section 645.021.
Presented to the governor April 17, 1992
Signed by the governor April 27, 1992, 1:54 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes