17.18.010 - Appointment, term, and removal.

The boundary commission shall consist of seven voting members and three alternate members. Those members will be selected as follows:

A.

Two members who are elected county officers, appointed by the county legislative body and an alternate to vote in the absence of either of those members;

B.

Two members who are elected municipal officers from separate municipalities within the county, appointed by the municipal selection committee and an alternate to vote in the absence of either of those members; and

C.

Three members who are residents of the county, none of whom is a county or municipal officer and an alternate to vote in the absence of any one of those members, appointed by the four other members of the boundary commission.

Except for purposes of initial creation of the commission, the term of each member of a boundary commission is four years and begins and expires the first Monday in January of the applicable year.

The terms of the first members of the commission shall be staggered by lot so that 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. 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.

(Ord. 7-17-2006 O-1 § 2 (part))

17.18.020 - Organization and replacement.

The members of the boundary commission shall elect a chairperson from their number whose term on the boundary commission does not expire for at least two years. The term of a boundary commission chair is two years.

A majority of the commission constitutes a quorum, and commission action requires a majority vote of the commission.

Each vacancy on a commission of a member or an alternate member shall be filled for the remaining unexpired term of the vacating member by the body that appointed the vacating member.

(Ord. 7-17-2006 O-1 § 2 (part))

17.18.030 - Issue disqualification and appointment of alternate.

A member of the boundary commission is disqualified with respect to a protest before the commission if that member owns property within the area proposed for annexation. If a member is disqualified, the body that appointed the disqualified member shall appoint an alternate member to serve on the commission for purposes of the protest as to which the member is disqualified.

(Ord. 7-17-2006 O-1 § 2 (part))

17.18.040 - Commission authority and records.

The boundary commission shall hear and decide, according to Title 10, Chapter 2, Part 4 of the Utah Code, each protest filed under Section 10-2-407 thereof, with respect to an area that is located within that county.

The 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.

The county commission shall:

1.

Furnish the commission necessary quarters, equipment, and supplies;

2.

Pay necessary operating expenses incurred by the boundary commission; and

3.

Reimburse the reasonable and necessary expenses incurred by each member appointed at large.

Each municipal legislative body shall reimburse the reasonable and necessary expenses incurred by a commission member who is appointed by that municipal entity.

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 each affected entity:

a.

Whose boundaries include any part of the area proposed for annexation; or

b.

That may be affected by action of the boundary commission.

(Ord. 7-17-2006 O-1 § 2 (part))

17.18.050 - Public hearing.

Within thirty (30) days after the time for filing a protest has expired with respect to a proposed annexation, the boundary commission shall hold a hearing on all protests that were filed with respect to the proposed annexation. At least fourteen (14) days before the date of each hearing under Section 17.18.040 of this chapter, the commission chair shall cause notice of the hearing to be published in a newspaper of general circulation within the area proposed for annexation. Each notice shall:

A.

State the date, time, and place of the hearing;

B.

Briefly summarize the nature of the protest; and

C.

State that a copy of the protest is on file at the commission's office.

The commission may continue a hearing from time to time, but no continued hearing may be held later than sixty (60) days after the original hearing date.

In considering protests, the commission shall consider whether the proposed annexation:

1.

Complies with the requirements of Sections 10-2-402 and 10-2-403, U.C.A. and the annexation policy plan of the proposed annexing municipality;

2.

Conflicts with the annexation policy plan of another municipality; and

3.

If the proposed annexation includes urban development, will have an adverse tax consequence on the remaining unincorporated area of the county.

The commission shall record each hearing under this section by electronic means. A transcription of the recording under this subsection, the feasibility study, if applicable, information received at the hearing, and the written decision of the commission shall constitute the record of the hearing.

(Ord. 7-17-2006 O-1 § 2 (part))

17.18.060 - Commission decision.

After the public hearing the boundary commission may:

A.

Approve the proposed annexation, either with or without conditions;

B.

Make minor modifications to the proposed annexation and approve it, either with or without conditions; or

C.

Disapprove the proposed annexation.

The commission shall issue a written decision on the proposed annexation within thirty (30) days after the conclusion of the hearing and shall send a copy of the decision to:

1.

The legislative body of the county in which the area proposed for annexation is located;

2.

The legislative body of the proposed annexing municipality;

3.

The contact person on the annexation petition;

4.

The contact person of each entity that filed a protest.

(Ord. 7-17-2006 O-1 § 2 (part))

17.18.070 - Judicial review of decision—Time limitation.

Review of the decision of the boundary commission may be sought in the Eighth Judicial District Court, in and for Uintah County by filing a petition for review of the decision within twenty (20) days of the commission's decision.

The district court review shall be on the record of the hearing and may not be de novo review.

The district court shall affirm the commission's decision unless the court determines that the decision is arbitrary or capricious.

(Ord. 7-17-2006 O-1 § 2 (part))