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Utah Code Title 72. Transportation Code § 72-10-203.5. Advisory boards of airports and extraterritorial airports

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) For purposes of this section:

(a) “Airport owner” means the municipality, county, or airport authority that owns one or more airports.

(b) “Extraterritorial airport” means an airport, including the airport facilities, real estate, or other assets related to the operation of an airport, outside the municipality or county and within the boundary of a different municipality or county.

(2)(a) If an airport owner that owns an international airport also owns one or more extraterritorial airports, the airport owner shall create and maintain an advisory board as described in this section.

(b) The advisory board shall advise and consult the airport owner according to the process set forth in ordinance, rule, or regulation of the airport owner.

(3)(a) An advisory board described in Subsection (2) shall consist of 11 members, appointed as follows:

(i) one individual from each municipality or county in which an extraterritorial airport is located, appointed:

(A) according to an ordinance or policy in place in each municipality or county for appointing individuals to a board, if any; or

(B) if no ordinance or policy described in Subsection (3)(a)(i)(A) exists, by the chief executive officer of the municipality or county, with advice and consent from the legislative body of the municipality or county in which the extraterritorial airport is located; and

(ii) as many individuals as necessary, appointed by the chief executive officer of the airport owner, with advice and consent from the legislative body of the airport owner, when added to the individuals appointed under Subsection (3)(a)(i), to equal 11 total members on the advisory board.

(b) The airport owner shall ensure that members of the advisory board have the following qualifications:

(i) at least one member with experience in commercial or industrial construction projects with a budget of at least $10,000,000; and

(ii) at least one member with experience in management and oversight of an entity with an operating budget of at least $10,000,000.

(4)(a)(i) Except as provided in Subsection (4)(b), the term of office for members of the advisory board shall be four years or until a successor is appointed, qualified, seated, and has taken the oath of office.

(ii) A member of the advisory board may serve two terms.

(b) When a vacancy occurs on the board for any reason, the replacement shall be appointed according to the procedures set forth in Subsection (3) for the member who vacated the seat, and the replacement shall serve for the remainder of the unexpired term.

(5) The advisory board shall select a chair of the advisory board.

(6)(a) The chief executive officer of each municipality or county in which an extraterritorial airport is located, with the advice and consent of the respective legislative body of the municipality or county, may create an extraterritorial airport advisory board to represent the interests of the extraterritorial airport.

(b) The extraterritorial airport advisory boards described in Subsection (6)(a) shall meet at least quarterly, and:

(i) shall provide advisory support to the member of the advisory board representing the municipality or county; and

(ii) may advise in the request for proposals process of a fixed base operator for the respective extraterritorial airport.

(7) The airport owner, in consultation with the airport advisory board, shall, consistent with the requirements of federal law, study, produce an analysis, and advise regarding the highest and best use and operational strategy for each airport, including all lands, facilities, and assets owned by the airport owner.

(8) An airport owner, in consultation with the county auditor and the county assessor of a county in which an extraterritorial airport is located, shall explore in good faith whether a municipality or county where an extraterritorial airport is located receives airport-related tax disbursements to which the municipality or county is entitled.

(9) An airport owner shall report annually to the Transportation Interim Committee regarding the requirements in this section.

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Cite this article: FindLaw.com - Utah Code Title 72. Transportation Code § 72-10-203.5. Advisory boards of airports and extraterritorial airports - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-72-transportation-code/ut-code-sect-72-10-203-5/

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