Utah Code 17-50-103. Use of “county” prohibited — Legal action to compel compliance
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(1) For purposes of this section:
Terms Used In Utah Code 17-50-103
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and(3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Town: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5(1)(a)(1)(a)(i) “Existing local entity” means a special district, special service district, or other political subdivision of the state created before May 1, 2000.(1)(a)(ii) “Existing local entity” does not include a county, city, town, or school district.(1)(b)(1)(b)(i) “New local entity” means a city, town, school district, special district, special service district, or other political subdivision of the state created on or after May 1, 2000.(1)(b)(ii) “New local entity” does not include a county.(1)(c)(1)(c)(i) “Special district” means a special district under Title 17B, Limited Purpose Local Government Entities – Special Districts, that:(1)(c)(i)(A) by statute is a political and corporate entity separate from the county that created the special district; and(1)(c)(i)(B) by statute is not subject to the direction and control of the county that created the special district.(1)(c)(ii) The county legislative body’s statutory authority to appoint members to the governing body of a special district does not alone make the special district subject to the direction and control of that county.
(2)
(2)(a) A new local entity may not use the word “county” in its name.
(2)(b) After January 1, 2005, an existing local entity may not use the word “county” in its name unless the county whose name is used by the existing local entity gives its written consent.
(3) A county with a name similar to the name of a new local entity or existing local entity in violation of this section may bring legal action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to compel compliance with this section.