10-2-809. Boundary commission -- Creation -- Members -- Terms -- Chair -- Boundary commission quorum -- Municipal selection committee.

1,048 words·~5 min read·/ut/title-10/chapter-2/10-2-809

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)The legislative body of each county:

(a)may create a boundary commission on its own initiative at any time; and

(b)shall create a boundary commission within 30 days of the filing of a protest under Section 10-2-810 .

(2)A boundary commission shall hear and decide, according to the provisions of this part, any protest filed under Section 10-2-810 with respect to an area that is located within the boundary commission's county.

(3)Each boundary commission shall be composed of:

(a)in a county with two or more municipalities:

(i)two members who are elected county officers, appointed by:

(A)in a county operating under a form of government in which the executive and legislative functions are separated, the county executive with the advice and consent of the county legislative body; or

(B)in a county operating under a form of government in which the executive and legislative functions of the governing body are not separated, the county legislative body;

(ii)two members who are elected municipal officers from separate municipalities within the county, appointed by the municipal selection committee described in Subsection

(13); and

(iii)three members who are residents of the county, none of whom is a county or municipal elected officer, appointed by the four other members of the boundary commission; and

(b)in a county with only one municipality:

(i)two members who are county elected officers, appointed by the county legislative body;

(ii)one member who is a municipal elected officer, appointed by the governing body of the municipality; and

(iii)two members who are residents of the county, neither of whom is a county or municipal elected officer, appointed by the other three members of the boundary commission.

(4)At the expiration of the term of each member appointed under this section, the member's successor shall be appointed by the same body that appointed the member whose term is expiring, as provided in this section.

(a)Except as provided in Subsection (5)(b) , the term of each member of a boundary commission:

(i)is approximately four years; and

(ii)begins and expires on the first Monday of January of the applicable year.

(b)Notwithstanding Subsection (5)(a) , the terms of the first members of a boundary commission shall be staggered by lot so that:

(i)on a seven-member commission described in Subsection (3)(a), the term of one member is approximately one year, the term of two members is approximately two years, the term of two members is approximately three years, and the term of two members is approximately four years; and

(ii)on a five-member commission described in Subsection (3)(b) , the term of two members is approximately two years and the term of the other three members is approximately four years.

(c)A vacancy on a boundary commission shall be filled for the remaining unexpired term in the same manner that the predecessor member was appointed, as described in Subsection

(3).

(i)The members of a boundary commission shall elect a chair from the eligible membership of the boundary commission.

(ii)A member of a boundary commission is eligible to serve as chair if the member has at least two years remaining in the member's term.

(b)The term of a boundary commission chair is two years from the day on which the chair is elected.

(a)A majority of the members of the boundary commission constitutes a quorum.

(b)Boundary commission action requires a majority vote of the members of the boundary commission.

(a)A member of the boundary commission is disqualified from hearing and deciding a protest if the boundary commission member owns any property within the area proposed for annexation that is the subject of the protest.

(b)In the event a member of the boundary commission is disqualified as described in Subsection (8)(a) , the body that appointed the disqualified member of the boundary commission shall appoint an alternate member of the boundary commission to hear and decide the protest.

(9)In considering a protest filed under Section 10-2-810 , the boundary commission may:

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

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

(c)employ staff or retain professional or consulting services reasonably necessary to enable the commission to carry out the boundary commission's duties;

(d)incur reasonable and necessary expenses in order to carry out the boundary commission's duties; and

(e)request any additional information from the sponsor of the protest that the boundary commission considers necessary to make a determination.

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

(a)furnish the boundary commission with any necessary office space, equipment, and supplies;

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

(c)reimburse the reasonable and necessary expenses incurred by each member appointed under Subsection

(2), unless otherwise provided by interlocal agreement.

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

(12)The boundary commission may request, and a relevant county or municipality shall provide, records, information, or any other relevant material necessary to enable the boundary commission to hear and decide a protest.

(a)A municipal selection committee consists of the municipal executive of each municipality in the county.

(i)In a county with an odd number of municipalities, a majority of the members of a municipal selection committee constitutes a quorum.

(ii)In a county with an even number of municipalities, half of the members of the municipal selection committee constitutes a quorum.

(c)A legislative body that creates a boundary commission described in Subsection (3)(a) shall, at the same time the legislative body creates the boundary commission as described in Subsection (1), notify the municipal selection committee of the obligation to select the members described in Subsection (3)(a)(ii).

Renumbered and Amended by Chapter 399 , 2025 General Session