10-2-412.  Boundary commission authority — Expenses — Records.

(1)  The boundary commission for each county shall hear and decide, according to the provisions of this part, each protest filed under Section 10-2-407, with respect to an area that is located within that county.

Terms Used In Utah Code 10-2-412

  • Affected entity: means :
(i) a county of the first or second class in whose unincorporated area the area proposed for annexation is located;
(ii) a county of the third, fourth, fifth, or sixth class in whose unincorporated area the area proposed for annexation is located, if the area includes residents or commercial or industrial development;
(iii) a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, whose boundary includes any part of an area proposed for annexation;
(iv) a school district whose boundary includes any part of an area proposed for annexation, if the boundary is proposed to be adjusted as a result of the annexation; and
(v) a municipality whose boundaries are within 1/2 mile of an area proposed for annexation. See Utah Code 10-2-401
  • Commission: means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located. See Utah Code 10-2-401
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
    (a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
    (b) a town, as classified in Section 10-2-301; or
    (c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Specified county: means a county of the second, third, fourth, fifth, or sixth class. See Utah Code 10-2-401
  • (2)  A boundary commission may:

    (a)  adopt and enforce rules of procedure for the orderly and fair conduct of its proceedings;

    (b)  authorize a member of the commission to administer oaths if necessary in the performance of the commission’s duties;

    (c)  employ staff personnel and professional or consulting services reasonably necessary to enable the commission to carry out its duties; and

    (d)  incur reasonable and necessary expenses to enable the commission to carry out its duties.

    (3)  The legislative body of each county shall, with respect to the boundary commission in that county:

    (a)  furnish the commission necessary quarters, equipment, and supplies;

    (b)  pay necessary operating expenses incurred by the commission; and

    (c)  reimburse the reasonable and necessary expenses incurred by each member appointed under Subsection 10-2-409(2)(a)(iii) or (b)(iii), unless otherwise provided by interlocal agreement.

    (4)  Each county or municipal legislative body shall reimburse the reasonable and necessary expenses incurred by a commission member who is an elected county or municipal officer, respectively.

    (5)  Records, information, and other relevant materials necessary to enable the commission to carry out its duties shall, upon request by the commission, be furnished to the boundary commission by the personnel, employees, and officers of:

    (a)  for a proposed annexation of an area located in a county of the first class:

    (i)  each county, special district, and special service district whose boundaries include an area that is the subject of a protest under the commission’s consideration; and

    (ii)  each municipality whose boundaries may be affected by action of the boundary commission; or

    (b)  for a proposed annexation of an area located in a specified county, each affected entity:

    (i)  whose boundaries include any part of the area proposed for annexation; or

    (ii)  that may be affected by action of the boundary commission.

    Amended by Chapter 16, 2023 General Session