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Second Substitute S.B. 23
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5 This act modifies provisions relating to Special Districts and Limited Purpose Local
6 Government Entities to rewrite and standardize annexation and dissolution provisions for
7 specified special districts and for local districts. This act allows for the process to annex an
8 area outside the boundaries of a specified special district or a local district to be initiated by
9 petition or by resolution of a county or municipal legislative body. The act allows, in some
10 circumstances, a county or municipality to terminate the annexation process if the county
11 or municipality will provide the service proposed to be provided by the special or local
12 district. The act requires, with some exceptions, the special or local district to hold a public
13 hearing and provide notice of the hearing and provides for a protest and election, under
14 certain circumstances. The act provides for a streamlined annexation process for a district
15 providing service on a wholesale level and for a district providing transportation service.
16 The act provides a procedure for districts to adjust a common boundary. The act provides
17 a procedure for dissolving a district if certain conditions are present. The act provides for
18 notice and a public hearing for a dissolution. The act repeals inconsistent and obsolete
19 provisions and makes technical changes. This act provides a coordination clause.
20 This act affects sections of Utah Code Annotated 1953 as follows:
21 AMENDS:
22 17A-2-101, as last amended by Chapter 177, Laws of Utah 2000
23 17A-2-301, as last amended by Chapters 361 and 368, Laws of Utah 1998
24 17A-2-317, as last amended by Chapter 227, Laws of Utah 1993
25 17A-2-403, as last amended by Chapter 368, Laws of Utah 1998
26 17A-2-405, as last amended by Chapter 21, Laws of Utah 1997
27 17A-2-411, as last amended by Chapter 254, Laws of Utah 2000
28 17A-2-413, as last amended by Chapter 227, Laws of Utah 1993
29 17A-2-422, as last amended by Chapter 1, Laws of Utah 2000
30 17A-2-530, as last amended by Chapter 254, Laws of Utah 2000
31 17A-2-622, as last amended by Chapter 254, Laws of Utah 2000
32 17A-2-706, as last amended by Chapter 254, Laws of Utah 2000
33 17A-2-714, as last amended by Chapter 254, Laws of Utah 2000
34 17A-2-715, as last amended by Chapter 254, Laws of Utah 2000
35 17A-2-730, as renumbered and amended by Chapter 186, Laws of Utah 1990
36 17A-2-738, as renumbered and amended by Chapter 186, Laws of Utah 1990
37 17A-2-741, as last amended by Chapter 254, Laws of Utah 2000
38 17A-2-749, as last amended by Chapter 254, Laws of Utah 2000
39 17A-2-751, as last amended by Chapter 254, Laws of Utah 2000
40 17A-2-752, as last amended by Chapter 254, Laws of Utah 2000
41 17A-2-754, as last amended by Chapter 254, Laws of Utah 2000
42 17A-2-758, as last amended by Chapter 254, Laws of Utah 2000
43 17A-2-759, as last amended by Chapter 254, Laws of Utah 2000
44 17A-2-801, as last amended by Chapter 254, Laws of Utah 2000
45 17A-2-803, as last amended by Chapter 368, Laws of Utah 1998
46 17A-2-842, as last amended by Chapter 254, Laws of Utah 2000
47 17A-2-1048, as last amended by Chapter 254, Laws of Utah 2000
48 17A-2-1049, as last amended by Chapter 254, Laws of Utah 2000
49 17A-2-1420, as last amended by Chapter 254, Laws of Utah 2000
50 17A-2-1821, as enacted by Chapter 216, Laws of Utah 1995
51 17B-2-101, as enacted by Chapter 368, Laws of Utah 1998
52 17B-2-201, as last amended by Chapter 1, Laws of Utah 2000
53 17B-2-217, as last amended by Chapter 177, Laws of Utah 2000
54 73-2-1, as last amended by Chapter 3, Laws of Utah 1991
55 ENACTS:
56 17A-2-101.3, Utah Code Annotated 1953
57 17B-2-102, Utah Code Annotated 1953
58 17B-2-501, Utah Code Annotated 1953
59 17B-2-502, Utah Code Annotated 1953
60 17B-2-503, Utah Code Annotated 1953
61 17B-2-504, Utah Code Annotated 1953
62 17B-2-505, Utah Code Annotated 1953
63 17B-2-506, Utah Code Annotated 1953
64 17B-2-507, Utah Code Annotated 1953
65 17B-2-508, Utah Code Annotated 1953
66 17B-2-509, Utah Code Annotated 1953
67 17B-2-510, Utah Code Annotated 1953
68 17B-2-511, Utah Code Annotated 1953
69 17B-2-512, Utah Code Annotated 1953
70 17B-2-513, Utah Code Annotated 1953
71 17B-2-514, Utah Code Annotated 1953
72 17B-2-515, Utah Code Annotated 1953
73 17B-2-516, Utah Code Annotated 1953
74 17B-2-517, Utah Code Annotated 1953
75 17B-2-701, Utah Code Annotated 1953
76 17B-2-702, Utah Code Annotated 1953
77 17B-2-703, Utah Code Annotated 1953
78 17B-2-704, Utah Code Annotated 1953
79 17B-2-705, Utah Code Annotated 1953
80 17B-2-706, Utah Code Annotated 1953
81 17B-2-707, Utah Code Annotated 1953
82 17B-2-708, Utah Code Annotated 1953
83 RENUMBERS AND AMENDS:
84 17A-3-244, (Renumbered from 17A-2-326, as renumbered and amended by Chapter 186,
85 Laws of Utah 1990)
86 REPEALS:
87 17A-2-202, as last amended by Chapter 368, Laws of Utah 1998
88 17A-2-203, as last amended by Chapter 227, Laws of Utah 1993
89 17A-2-204, as last amended by Chapter 146, Laws of Utah 1994
90 17A-2-205, as last amended by Chapter 227, Laws of Utah 1993
91 17A-2-206, as last amended by Chapter 227, Laws of Utah 1993
92 17A-2-207, as renumbered and amended by Chapter 186, Laws of Utah 1990
93 17A-2-213, as last amended by Chapter 322, Laws of Utah 1997
94 17A-2-214, as last amended by Chapter 322, Laws of Utah 1997
95 17A-2-303, as last amended by Chapters 112 and 146, Laws of Utah 1994
96 17A-2-304, as last amended by Chapter 146, Laws of Utah 1994
97 17A-2-331, as last amended by Chapter 1, Laws of Utah 2000
98 17A-2-332, as last amended by Chapter 227, Laws of Utah 1993
99 17A-2-333, as last amended by Chapter 322, Laws of Utah 1997
100 17A-2-339, as enacted by Chapter 129, Laws of Utah 1997
101 17A-2-404, as last amended by Chapter 227, Laws of Utah 1993
102 17A-2-406, as last amended by Chapter 227, Laws of Utah 1993
103 17A-2-407, as renumbered and amended by Chapter 186, Laws of Utah 1990
104 17A-2-408, as last amended by Chapter 227, Laws of Utah 1993
105 17A-2-409, as last amended by Chapter 227, Laws of Utah 1993
106 17A-2-410, as last amended by Chapter 227, Laws of Utah 1993
107 17A-2-417, as last amended by Chapters 21 and 322, Laws of Utah 1997
108 17A-2-420, as last amended by Chapter 227, Laws of Utah 1993
109 17A-2-430, as last amended by Chapter 273, Laws of Utah 1991
110 17A-2-529, as last amended by Chapter 254, Laws of Utah 2000
111 17A-2-546, as last amended by Chapter 254, Laws of Utah 2000
112 17A-2-561, as last amended by Chapter 254, Laws of Utah 2000
113 17A-2-562, as last amended by Chapter 30, Laws of Utah 1992
114 17A-2-563, as last amended by Chapter 254, Laws of Utah 2000
115 17A-2-564, as renumbered and amended by Chapter 186, Laws of Utah 1990
116 17A-2-565, as renumbered and amended by Chapter 186, Laws of Utah 1990
117 17A-2-566, as last amended by Chapter 254, Laws of Utah 2000
118 17A-2-567, as renumbered and amended by Chapter 186, Laws of Utah 1990
119 17A-2-602, as last amended by Chapter 146, Laws of Utah 1994
120 17A-2-603, as last amended by Chapter 146, Laws of Utah 1994
121 17A-2-604, as last amended by Chapter 146, Laws of Utah 1994
122 17A-2-605, as last amended by Chapter 1, Laws of Utah 2000
123 17A-2-606, as last amended by Chapter 227, Laws of Utah 1993
124 17A-2-608, as last amended by Chapters 12 and 146, Laws of Utah 1994
125 17A-2-614, as last amended by Chapter 254, Laws of Utah 2000
126 17A-2-624, as renumbered and amended by Chapter 186, Laws of Utah 1990
127 17A-2-702, as last amended by Chapter 368, Laws of Utah 1998
128 17A-2-703, as last amended by Chapter 254, Laws of Utah 2000
129 17A-2-704, as last amended by Chapter 254, Laws of Utah 2000
130 17A-2-705, as last amended by Chapter 254, Laws of Utah 2000
131 17A-2-731, as last amended by Chapter 254, Laws of Utah 2000
132 17A-2-732, as last amended by Chapter 254, Laws of Utah 2000
133 17A-2-733, as last amended by Chapter 254, Laws of Utah 2000
134 17A-2-734, as renumbered and amended by Chapter 186, Laws of Utah 1990
135 17A-2-735, as renumbered and amended by Chapter 186, Laws of Utah 1990
136 17A-2-736, as renumbered and amended by Chapter 186, Laws of Utah 1990
137 17A-2-737, as renumbered and amended by Chapter 186, Laws of Utah 1990
138 17A-2-745, as last amended by Chapter 254, Laws of Utah 2000
139 17A-2-746, as last amended by Chapter 254, Laws of Utah 2000
140 17A-2-747, as last amended by Chapter 254, Laws of Utah 2000
141 17A-2-748, as last amended by Chapter 254, Laws of Utah 2000
142 17A-2-811, as renumbered and amended by Chapter 186, Laws of Utah 1990
143 17A-2-812, as last amended by Chapter 1, Laws of Utah 2000
144 17A-2-813, as renumbered and amended by Chapter 186, Laws of Utah 1990
145 17A-2-814, as renumbered and amended by Chapter 186, Laws of Utah 1990
146 17A-2-815, as renumbered and amended by Chapter 186, Laws of Utah 1990
147 17A-2-841, as last amended by Chapter 254, Laws of Utah 2000
148 17A-2-912, as last amended by Chapter 322, Laws of Utah 1997
149 17A-2-913, as renumbered and amended by Chapter 186, Laws of Utah 1990
150 17A-2-1404, as last amended by Chapters 13 and 368, Laws of Utah 1998
151 17A-2-1405, as renumbered and amended by Chapter 186, Laws of Utah 1990
152 17A-2-1406, as last amended by Chapter 227, Laws of Utah 1993
153 17A-2-1407, as last amended by Chapter 254, Laws of Utah 2000
154 17A-2-1408, as renumbered and amended by Chapter 186, Laws of Utah 1990
155 17A-2-1437, as last amended by Chapters 1 and 254, Laws of Utah 2000
156 17A-2-1815, as enacted by Chapter 216, Laws of Utah 1995
157 17A-2-1816, as enacted by Chapter 216, Laws of Utah 1995
158 17A-2-1817, as enacted by Chapter 216, Laws of Utah 1995
159 17A-2-1818, as enacted by Chapter 216, Laws of Utah 1995
160 17A-2-1819, as enacted by Chapter 216, Laws of Utah 1995
161 17A-2-1820, as enacted by Chapter 216, Laws of Utah 1995
162 Be it enacted by the Legislature of the state of Utah:
163 Section 1. Section 17A-2-101 is amended to read:
164 17A-2-101. Creation procedures for certain independent special districts.
165 (1) [
166 Cemetery Maintenance Districts, Part 3, County Improvement Districts for Water, Sewerage, Flood
167 Control, Electric and Gas, Part 4, County Service Area Act, Part 7, Irrigation Districts, Part 8,
168 Metropolitan Water District Act, Part 9, Mosquito Abatement Districts, [
169 Transit District Act, and Part 14, Water Conservancy Districts, shall be governed by Title 17B,
170 Chapter 2, Part 2, Creation of Local Districts, in the same manner as if a local district under Title
171 17B, Chapter 2, Local Districts, were proposed to be created.
172 [
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175
176 (2) Subsection 17B-2-217 (1) does not prohibit the creation of one of the types of
177 independent special districts listed in Subsection (1) under the creation provisions of Title 17B,
178 Chapter 2, Part 2, Creation of Local Districts.
179 (3) The provisions of Title 17B, Chapter 2, Part 2, Creation of Local Districts, do not apply
180 to an independent special district under this chapter created before March 23, 1998.
181 (4) (a) For each type of independent special district listed in Subsection (1), the provisions
182 of the part under this chapter that applies to that district govern with respect to the appointment
183 or election of the governing body of that type of independent special district after its creation under
184 Title 17B, Chapter 2, Part 2, Creation of Local Districts.
185 (b) If application of the provisions of Title 17B, Chapter 2, Part 2, Creation of Local
186 Districts, results in the creation of an independent special district before the governing body of that
187 district, under the applicable provisions of this chapter, takes office, the responsible body, as
188 defined in Subsection 17B-2-201 (1)[
189 governing body takes office under the applicable provisions of this chapter.
190 (5) Notwithstanding Section 17B-2-202 , an independent special district listed in
191 Subsection (1) may be created to provide only the services that are authorized under the part of this
192 chapter applicable to that type of district.
193 Section 2. Section 17A-2-101.3 is enacted to read:
194 17A-2-101.3. Annexation and dissolution provisions for certain independent special
195 districts.
196 (1) Except as provided in Subsection (2), for each type of independent special district
197 listed in Subsection 17A-2-101 (1) and for a drainage district under Part 5, Drainage Districts, a fire
198 protection district under Part 6, Fire Protection Districts, and a regional service area under Part 18,
199 Regional Service Area Act, on or after June 1, 2001:
200 (a) annexation of additional territory to the district or adjustment of boundaries shared by
201 two or more of those types of independent special districts shall be governed by Title 17B, Chapter
202 2, Part 5, Annexation, to the same extent as if the independent special district were a local district
203 under Title 17B, Chapter 2, Local Districts; and
204 (b) dissolution of a district shall be governed by Title 17B, Chapter 2, Part 7, Dissolution,
205 to the same extent as if the independent special district were a local district under Title 17B,
206 Chapter 2, Local Districts.
207 (2) An annexation, boundary adjustment, or dissolution proceeding begun before and still
208 pending on June 1, 2001 for a type of independent special district referred to in Subsection (1) is
209 not subject to Subsection (1)(a) or (b) but continues after that date to be governed by the statutory
210 provisions in effect immediately before that date.
211 Section 3. Section 17A-2-301 is amended to read:
212 17A-2-301. Improvement district authority -- Area.
213 (1) (a) An improvement district [
214 through construction, purchase, gift, or condemnation, or any combination of these methods, and
215 may operate all or any part of:
216 (i) a system for the supply, treatment, and distribution of water;
217 (ii) a system for the collection, treatment, and disposition of sewage;
218 (iii) a system for the collection, retention, and disposition of storm and flood waters;
219 (iv) a system for the generation, distribution, and sale of electricity; and
220 (v) a system for the transmission of natural or manufactured gas if the system is:
221 (A) connected to a gas plant, as defined in Section 54-2-1 , of a gas corporation, as defined
222 in Section 54-2-1 , regulated under Section 54-4-1 ; and
223 (B) to be used to facilitate gas utility service within the district if the gas utility service is
224 not available within the district prior to the acquisition or construction of the system.
225 (b) The new gas utility service under Subsection (1)(a)(v)(B) shall be provided by a gas
226 corporation regulated under Section 54-4-1 and not by the district.
227 (2) (a) (i) Subject to Subsection (2)[
228 include all or part of any county or counties, including all or any part of any incorporated
229 municipalities, other incorporated areas, and unincorporated areas, as the needs of the inhabitants
230 of the proposed districts may appear.
231 (ii) Notwithstanding Subsection (2)(a)(i), the addition of any territory to a district under
232 this part shall, on and after June 1, 2001 and as provided in Subsection 17A-2-101.3 (1)(a), be
233 governed by Title 17B, Chapter 2, Part 5, Annexation.
234 (b) The boundaries of a district authorized under this part do not need to be contiguous.
235 [
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238 [
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240 [
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244 [
245
246 (3) If an improvement district authorized under this part was created solely for the purpose
247 of acquiring a system for the collection, retention, or disposition of storm and flood waters, the
248 county legislative body that created the district may, in its discretion and despite anything to the
249 contrary in Section 17A-2-305 , act as the board of trustees of the district for so long as it considers
250 desirable.
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253 [
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256
257 Section 4. Section 17A-2-317 is amended to read:
258 17A-2-317. Ratification of districts created under prior laws -- Issuance of
259 authorized bonds -- Amendatory proceedings.
260 Whenever any district has been heretofore created or purported to be created under
261 authority of Chapter 25, Laws of Utah 1947, Chapter 24, Laws of Utah 1949, or the act hereby
262 amended and where proceedings have been adopted by the governing body of such district for the
263 purpose of authorizing the bonds of such district, whether or not such bonds are payable from
264 operating revenues or from taxes or both, and whether or not such bonds have been heretofore
265 delivered, all proceedings had in connection with the creation of such district, the organization of
266 the governing body thereof, and all proceedings had in connection with the authorization of such
267 bonds, and, when duly delivered and paid for as required by such proceedings, the bonds
268 themselves are hereby validated, ratified and declared to be binding and effective in accordance
269 with their terms notwithstanding any failure to comply with any one or more pertinent statutory
270 provisions and notwithstanding whether such proceedings have been continuously in effect from
271 the date of their adoption to the date of the passage of this part.
272 As to each district coming within the purview of this section which has heretofore
273 authorized bonds which have not yet been issued, the governing body of such district is hereby
274 authorized and empowered to do all things necessary to the issuance of such bonds and to the
275 performance and carrying out of the contracts of such district, and such things may be done and
276 such bonds when issued shall benefit from the curative provisions of this section whether or not
277 changes in the details of the bonds and in the proceedings authorizing the issuance thereof have
278 been made since the original adoption thereof or may hereafter be made and without regard to the
279 nature of such changes.
280 Where any district has been originally initiated or created under authority of either Chapter
281 2, Part 3 or Chapter 3, Part 2, the governing authority of such district may proceed to issue bonds
282 and operate facilities under the authority of the law under which it was created or may, if in so
283 doing provision is made for the payment in full of all expenses and obligations heretofore incurred
284 by such district for legal, engineering, fiscal agent's and other proper services, make such changes
285 and amendments in the proceedings for the authorization of such bonds as may be necessary to
286 effect the authorization and issuance of such bonds under the provisions of this part as amended,
287 and to that end, may increase or decrease the amount of bonds so authorized, may make such
288 bonds payable in whole or in part from the operating revenues of the district or from taxes or both
289 as herein provided, and may make any other changes in such proceedings it may deem to the best
290 interests of the district. If any such change has the effect of pledging or allocating to the payment
291 of any such bond taxes to be levied by such district, such amendatory proceedings shall become
292 effective only when there shall have been given [
293
294 newspaper of general circulation in each county that contains some or all of the district, and when
295 the hearing [
296 terminated. For the purpose of this section, the county legislative body under districts initiated or
297 created under said Chapter 3, Part 2, shall at its option, if it elects hereafter to proceed hereunder,
298 exercise all duties and functions provided by this part to be exercised by the board of trustees of
299 any district created hereunder or may cause an election to be held for the election of trustees in
300 accordance with the provisions of this part.
301 Section 5. Section 17A-2-403 is amended to read:
302 17A-2-403. Authorized services -- Notice to and coordination with utility.
303 (1) (a) [
304
305 provide: extended police protection; fire protection; culinary or irrigation water retail service;
306 water conservation; local park, recreation or parkway facilities and services; cemeteries; public
307 libraries; sewers, sewage and storm water treatment and disposal; flood control; garbage and refuse
308 collection; street lighting; airports; planning and zoning; local streets and roads; curb, gutter and
309 sidewalk construction and maintenance; mosquito abatement; health department services; hospital
310 service; or the underground installation of an electric utility line or the conversion to underground
311 of an existing electric utility line[
312 (b) If [
313 of bonds or the creation of long-term obligations [
314 means available [
315 [
316 of an electric utility line or the conversion to underground of an existing electric utility line shall,
317 in installing or converting the line, provide advance notice to and coordinate with the utility that
318 owns the line.
319 [
320
321 [
322
323 [
324
325 Section 6. Section 17A-2-405 is amended to read:
326 17A-2-405. Area in county service area -- Overlapping of areas.
327 (1) (a) [
328 (i) all or part of any unincorporated area of one county; and
329 (ii) territory located within a municipality[
330
331 (b) Notwithstanding Subsection (1)(a), the addition of any territory to a county service area
332 under this part shall, on and after June 1, 2001 and as provided in Subsection 17A-2-101.3 (1)(a),
333 be governed by Title 17B, Chapter 2, Part 5, Annexation.
334 [
335 within the boundaries of the service area which it overlaps.
336 [
337 service areas may occupy the same area in the county.
338 [
339 same area in the county if one of the overlapping service areas is countywide.
340 [
341 [
342 [
343
344 [
345
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348 [
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351 [
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354 [
355
356 [
357
358 Section 7. Section 17A-2-411 is amended to read:
359 17A-2-411. Board of trustees -- Selection procedures -- Surety bonds -- Other
360 provisions applicable.
361 (1) Each service area authorized under this part shall be governed by a board of trustees.
362 (2) (a) Upon the creation of a county service area, the county legislative body may adopt
363 an ordinance declaring that the county legislative body of the county shall act as the trustees of the
364 service area.
365 (b) Upon passage of the ordinance, the county legislative body of the county shall act as
366 trustees of the service area with all the powers, authority, and responsibility vested in the trustees
367 under this part.
368 (c) (i) The county legislative body, when acting as trustees, may use any existing county
369 offices, officers, or employees for the purposes of the service area.
370 (ii) The county legislative body shall charge costs of those services to the service area and
371 require them to be paid to the county treasurer for the general fund of the county.
372 (3) At any time after the creation of a board of trustees as provided in Subsection (1), if
373 no elected board has been established as provided in this section, the county legislative body of
374 the county in which the service area is located may:
375 (a) by ordinance, delegate its powers to an appointed or elected board of trustees as
376 provided in Chapter 1, Part 3, Special District Board Selection Procedures; and
377 (b) provide for the appointment or election of the board by following the procedures and
378 requirements of Chapter 1, Part 3, Special District Board Selection Procedures.
379 (4) At any time after the creation of a board of trustees as provided in Subsections (2) and
380 (3), the county legislative body shall hold an election for trustees by following the procedures and
381 requirements of Chapter 1, Part 3, Special District Board Selection Procedures, if:
382 (a) the county legislative body receives a petition requesting that an election for trustees
383 be held that is:
384 (i) signed by at least 10% of persons eligible to vote in an election in a service area
385 authorized under this part; and
386 (ii) filed with the county legislative body at least 30 days before the date set for a bond
387 election or 90 days before the date set for any municipal election; or
388 (b) territory located within a municipality is annexed into the county service area under
389 [
390 (5) (a) If there is no elected board of trustees at the time of the first bond election, trustees
391 shall be elected in conjunction with that bond election.
392 (b) Candidates for election to the board of trustees shall be taxpayers and qualified voters
393 in the service area.
394 (c) At any time within 30 days after the county legislative body has called a bond election,
395 but not less than 15 days before the day of election, any person who is qualified to vote in the
396 service area may file a signed statement with the county clerk announcing the person's candidacy
397 to be one of the first elected trustees of the service area.
398 (d) The board of trustees shall provide a ballot separate from the bond ballot that contains
399 the names of the candidates and blanks in which the voters may write in additional names.
400 (e) A voter at the election may vote for the number of trustee positions to be filled.
401 (f) The persons receiving the highest number of votes at the election are members of the
402 board of trustees.
403 (6) (a) Each member of the board of trustees may vote on all questions, orders, resolutions,
404 and ordinances coming before the board.
405 (b) Notwithstanding Section 17B-2-404 , if the county legislative body acts as the board of
406 trustees, no compensation may be paid to them as trustees.
407 (c) Each trustee who is also a member of the county legislative body shall take the oath
408 of office and shall give the bond that is required by law for members of the county legislative body.
409 (7) All qualified voters in the service area may vote in elections to select trustees and in
410 elections to approve the issuance of bonds.
411 (8) Following the election or appointment of the first trustees, each elected trustee shall
412 be elected according to the procedures and requirements of Chapter 1, Part 3, Special District
413 Board Selection Procedures.
414 (9) Each vacancy of an elected trustee in office shall be filled according to the procedures
415 and requirements of Chapter 1, Part 3, Special District Board Selection Procedures.
416 (10) (a) The provisions of Title 17B, Chapter 2, Part 4, Board of Trustees, apply to each
417 county service area to the same extent as if the county service area were a local district under Title
418 17B, Chapter 2, Local Districts.
419 (b) (i) If a change in the number of board of trustees members is necessary to comply with
420 the requirements of Subsection 17B-2-402 (1), the board of trustees may by majority vote,
421 notwithstanding Subsection 17B-2-402 (3), change the number of board members to the next odd
422 number higher or lower than the number of current board members.
423 (ii) If a change under Subsection (10)(b)(i) decreases the number of board members, the
424 change may not take effect until the expiration of the term of the member whose term next expires.
425 (iii) If a change in the number of board members necessitated by Subsection 17B-2-402 (1)
426 would cause the district to violate a provision of bonds issued by the district, the number of board
427 members may be modified to the extent necessary to avoid a violation.
428 (c) (i) If a change in the expiration date of the term of a board of trustees member is
429 necessary to comply with the requirements of Subsection 17B-2-403 (1), the term of each board
430 member whose term expires on a day other than the first Monday in January shall be extended to
431 the first Monday in January after the normal expiration date next following the special district
432 election date under Section 17A-1-305 .
433 (ii) If a change in the length of the term of a board of trustees member is necessary to
434 comply with the requirements of Subsection 17B-2-403 (2), the change may not take effect until
435 the expiration of the term of the member whose term length is to be changed.
436 Section 8. Section 17A-2-413 is amended to read:
437 17A-2-413. Adding a new service within county service area.
438 [
439
440 previously provided [
441 2, Part 2, Creation of Local Districts, for the creation of [
442 county service area were being created to provide that service.
443 [
444
445 [
446
447 [
448 [
449
450 Section 9. Section 17A-2-422 is amended to read:
451 17A-2-422. Proposal to incur indebtedness -- Resolution -- Notice -- Hearing --
452 Calling of bond election -- Written protests.
453 (1) (a) A proposal to incur indebtedness which would cause the total county debt to exceed
454 the county taxes for the current year or which would not be payable within one year, as the case
455 may be, may be originated by a majority vote of the board of trustees or by petition of not less than
456 100 property owners or 10% of all the property owners, whichever is less, who own property
457 within the county service area or by petition of not less than 10% of all the qualified voters residing
458 in the county service area.
459 (b) The proposal shall specify the particular purpose for which the indebtedness is to be
460 created, the amount in money of bonds which it is proposed to issue and the name and number of
461 the county service area.
462 (2) After the proposal has been made, the board of trustees, as expeditiously as possible,
463 shall adopt a resolution fixing a time and place at which the proposal shall be heard, which time
464 shall be not less than 30 nor more than 60 days after the date of adoption of the resolution.
465 (3) (a) The board of trustees shall immediately issue a notice of the time and place of
466 hearing, which notice shall state that all persons who own property in the service area when the
467 debt is payable solely from within the county service area or all persons residing in the county
468 when the debt is countywide may appear at the hearing and contend for or protest against the
469 incurrence of the debt and the holding of a bond election.
470 (b) If the service area has issued bonds, the notice shall include a statement of the amount
471 of outstanding bonds of the service area and shall indicate whether the bonds are general
472 obligations of the county or are payable solely from within the county service area.
473 (4) (a) The board of trustees shall cause the notice to be published once a week during four
474 consecutive weeks in a newspaper of general circulation in the county, the first publication to be
475 not more than 60 days nor less than 28 days prior to the date of the hearing.
476 (b) It is not necessary that the notice be published on the same day of the week in each of
477 four calendar weeks, but not less than 20 days shall intervene between the first publication and the
478 last publication.
479 (5) At the time and place set for the hearing of the petition, or upon a subsequent date fixed
480 at the original hearing the board of trustees shall proceed to hear the proposal and all matters in
481 respect to a bond election.
482 (6) If, upon the hearing of the proposal, the board of trustees finds that due notice has been
483 given and that the services under discussion would be for the benefit of all taxable property or the
484 real property owners situated in the service area, then the board shall make and cause to be entered
485 of record upon its minutes an order so finding, and shall proceed to call the bond election and, if
486 a majority of those voting, vote in the affirmative, to issue the bonds in the manner provided.
487 (7) The board may reduce the amount in money of the bonds named in the petition.
488 (8) (a) If written protests are filed prior to the date fixed for the original hearing, signed
489 by property owners owning taxable property in the service area with a taxable value in excess of
490 40% of the taxable value of all the taxable property within the service area, according to the last
491 assessment roll for county taxes completed prior to the holding of the election or by 40% of all the
492 qualified voters residing in the county service area or by 40% of all the qualified voters residing
493 in the county, the board does not have authority to proceed with the calling of the election, and no
494 new petition for a bond election in the service area may be entertained for a period of 12 months
495 from that time.
496 (b) If written protests are filed and the board of trustees determines that the protests so
497 filed represent less than the 40% required, a resolution or finding in writing of the board calling
498 the election shall so recite and the recital shall be conclusive.
499 [
500
501 Section 10. Section 17A-2-530 is amended to read:
502 17A-2-530. Viewing of annexed land by board of trustees -- Assessment for taxation
503 -- Board of equalization -- Hearing -- Notice -- Lien for taxes.
504 (1) The board of trustees shall, as soon as practicable after [
505 an annexation of land to the district under Title 17B, Chapter 2, Part 5, Annexation:
506 (a) view each tract of land so annexed to the district;
507 (b) carefully consider all the damages and benefits that each particular tract of land shall
508 receive from the annexation to the drainage district and from the construction and maintenance of
509 such drainage system; and
510 (c) assess each tract of land in accordance with the benefits to be received by it, making
511 proper allowance for damage, if [
512 (2) After the assessment under Subsection (1) is made, [
513 trustees shall transmit the assessment to the county legislative body.
514 (3) (a) The county legislative body shall:
515 (i) at its next regular meeting fix a time and place where it shall sit as a board of
516 equalization and equalize and determine the benefits and taxes to be assessed against the land; and
517 (ii) except as provided in Subsection (3)(b), publish a notice of the board of equalization
518 hearing at least once each week for two consecutive weeks in a newspaper having general
519 circulation in the county or counties where the drainage district is situated.
520 (b) If the annexation resulted from a petition signed by all the owners of real property
521 within the annexed area whose addresses were included in the petition, the county legislative body
522 may, in lieu of the notice under Subsection (3)(a)(ii), give notice of the board of equalization
523 hearing by mailing a copy of the notice to each owner of real property at the address stated in the
524 petition.
525 (c) (i) The first publication of the notice required under Subsection (3)(a)(ii) shall not be
526 less than 15 days or more than 30 days prior to the date of the hearing.
527 (ii) If the residence or post office address of an owner of the lands so annexed is known,
528 the county clerk shall cause a copy of the notice and a copy of the proposed benefits to be sent by
529 United States mail to the landowner at least 15 days prior to the time fixed for the hearing.
530 (d) The notice shall state generally the purpose of the hearing and the time and place where
531 the county legislative body shall meet as a board of equalization to hear and determine any
532 complaint against the assessments.
533 (4) (a) The county legislative body, at the time and place stated in the notice, shall sit as
534 a board of equalization and shall make and determine the benefits to be assessed against each tract
535 of annexed land.
536 (b) The assessment of benefits shall be added to and made a part of the benefit assessment
537 roll of the drainage district, and thereafter:
538 (i) all such lands, easements, or interests in land shall be assessed in accordance with the
539 assessment roll; and
540 (ii) such assessment roll of benefits and taxes or user fees or charges shall be the basis of
541 a lien upon the parcels of land or interest in land as thus equalized for all district purposes and
542 indebtedness.
543 Section 11. Section 17A-2-622 is amended to read:
544 17A-2-622. Election regarding issuance of bonds.
545 (1) After a fire protection district has been created, a petition may be presented to the fire
546 protection district board of trustees requesting the board to order an election to determine whether
547 the bonds of the district shall be issued to the amount and for the purpose or purposes stated in the
548 petition. [
549
550
551
552
553 (2) (a) Each petition under Subsection (1) shall be signed by 25% or more of the holders
554 of title of real property, or documentary evidence of title, within the boundaries of the district
555 whose names appear as such upon the last county assessment roll.
556 (b) If the petition is signed by all of the holders of title or documentary evidence of title
557 within the boundaries of the district, a hearing on the petition and election shall be dispensed with.
558 (3) (a) The board of trustees shall set a time and place for hearing upon the petition, which
559 shall be not less than four nor more than six weeks from the date of the filing.
560 (b) The board of trustees shall publish a notice of the time of the hearing once each week
561 for three successive weeks, previous to the time of the hearing, in a newspaper published within
562 the county, or if there is no newspaper so published, then by posting the notice in at least three
563 public places in the district for a period of 15 days.
564 (c) Each notice under Subsection (3)(b) shall state that any taxpayer within the district may
565 appear on the date fixed for the hearing and offer objection to the issuance of bonds of such
566 district.
567 (4) (a) At the time and place fixed for the hearing on the petition or at any adjournment
568 or adjournments of the hearing, which shall not extend the time for determining the petition for
569 more than 30 days in all from the original date of hearing, the board of trustees shall hear the
570 petition and all competent and relevant evidence, oral or written, in support of or in objection to
571 the petition.
572 (b) The board of trustees shall, after a full hearing, determine whether an election should
573 be held on the question of issuing the bonds.
574 [
575 qualifications, notice and conduct of the election, and the canvass of election results shall be
576 accomplished in the manner prescribed in Title 11, Chapter 14, Utah Municipal Bond Act. The fire
577 protection district board of trustees, for purposes of the election, may treat the entire district as a
578 single precinct or divide the district into several precincts and it may fix such polling places as they
579 consider appropriate.
580 Section 12. Section 17A-2-706 is amended to read:
581 17A-2-706. Regular election of district for electing board members -- Election
582 provisions -- Official bond -- Fiscal agents.
583 (1) [
584 the purpose of electing a board of trustees, shall be held according to the procedures and
585 requirements of Title 17A, Chapter 1, Part 3, Special District Board Selection Procedures.
586 (2) (a) Each ballot used in an election under Subsection (1) shall contain the names of the
587 persons to be voted for as members of the board of trustees.
588 (b) Each landowner may vote for three trustees, one for each division.
589 (c) Each elector is entitled to cast one vote for each acre-foot of water or fraction of
590 acre-foot allotted to the land owned by the elector.
591 (d) The board of trustees shall:
592 (i) meet on the first Monday next succeeding the election under Subsection (1) and canvass
593 the returns of the election;
594 (ii) declare the persons receiving the highest number of votes for the several offices to be
595 duly elected to the office; and
596 (iii) file the returns with the county clerk.
597 [
598 States or is authorized by the United States to collect money for and on behalf of the United States
599 in connection with any federal project, each trustee shall execute an additional official bond in
600 whatever sum that the Secretary of the Interior requires, conditioned upon the faithful discharge
601 of the duties of the trustee's office.
602 (b) The district shall execute an additional bond for the faithful discharge by the district
603 of its duties as fiscal or other agent of the United States under that appointment or authorization.
604 (c) Those additional official bonds shall be filed in the office of the county clerk.
605 (d) The United States or any person injured by the failure of a trustee or of the district to
606 fully, promptly, and completely perform their respective duties may sue upon those official bonds.
607 Section 13. Section 17A-2-714 is amended to read:
608 17A-2-714. Judicial notice -- Presumptions as to organization.
609 [
610 actions, suits, and judicial proceedings in any court of this state of the organization and existence
611 of any irrigation district of this state, [
612 office of the county clerk of the order of the county legislative body [
613
614 all actions, suits and proceedings in any court of this state of the regularity and legal sufficiency
615 of all acts, matters, and proceedings [
616 district; and any such irrigation district, in regard to which any such order has been heretofore or
617 may hereafter be [
618 of such a district, and shall have had or shall have in office a board of trustees exercising the duties
619 of their office, the legality or regularity of the formation or organization whereof shall not have
620 been questioned by proceedings in quo warranto instituted in the district court of the county in
621 which such district or the greater portion thereof is situated within one year from the date of such
622 filing, shall be conclusively considered to be a legally and regularly organized, established and
623 existing irrigation district within the meaning of this part, and its due and lawful formation and
624 organization shall not thereafter be questioned in any action, suit or proceeding whether brought
625 under the provisions of this part or otherwise.
626 Section 14. Section 17A-2-715 is amended to read:
627 17A-2-715. Issuance of bonds -- Special election -- Contract with the United States
628 -- Additional bonding -- Validation of previous issues.
629 For the purpose of constructing or purchasing or acquiring necessary reservoir sites,
630 reservoirs, water, water filings, water rights, canals, ditches and works, stock of irrigation, canal,
631 or reservoir companies, and other necessary property and rights, for the assumption of any
632 indebtedness to the United States, for the purpose of paying interest upon the bonds herein
633 authorized during the period of construction and for not more than four years thereafter, and
634 otherwise carrying out the provisions of this part, the board of trustees of any such district shall
635 as soon after such district has been organized as may be practicable, estimate and determine the
636 amount of money necessary to be raised for such purposes, and shall forthwith call a special
637 election, at which election shall be submitted to the landowners of such district, possessing the
638 qualifications prescribed by this part, the question of whether or not the bonds of the district shall
639 be issued in the amount so determined. Notice of such election shall be given by posting notice
640 in one public place in each election precinct in the district for at least 20 days, and also by
641 publication in the manner prescribed in [
642 notice shall specify the time of holding the election, the amount and purpose of bonds proposed
643 to be issued, and the election must be held and the result thereof determined and declared in all
644 respects as nearly as possible in conformity with the provisions of this part governing the election
645 of officers; provided, that no informalities in conducting such election shall invalidate the same,
646 if the elections have been otherwise fairly conducted. At such election, the ballots shall contain
647 the words "Bonds -- Yes," or "Bonds -- No," or words equivalent thereto. If a two-thirds majority
648 of the votes cast at such election are "Bonds --Yes," the board of trustees shall cause the bonds to
649 be executed and payable in series as follows, to wit:
650 Not later than at the expiration of 11 years, and annually, after the date of first payment of
651 principal amount, a certain percentage, not less than 3%, of the whole amount and number of the
652 bonds; at the expiration of the final period for which the bonds have been issued, which period
653 shall in no event exceed 40 years, a percentage sufficient to pay off the remainder of the bonds;
654 that the several enumerated percentages be of the entire amount of the bond issue; that each bond
655 must be payable at the given time for its entire amount, and not for percentage. That the bonds
656 shall bear interest at the rate of not to exceed 6% per annum, payable semiannually on the 1st day
657 of June and December of each year.
658 The principal and interest shall be payable at the office of the county treasurer of the county
659 in which the organization of the district was effected as aforesaid, and at such other places as the
660 board of trustees may designate in such bonds. The bonds shall be each of the denomination of not
661 less than $100, nor more than $1,000, shall be negotiable in form, executed in the name of the
662 district and signed by the chair and secretary and the seal of the district shall be affixed thereto.
663 Bonds deposited with the United States may call for the payment of such interest not exceeding
664 6% per annum, may be of such denomination, and may call for the repayment of the principal at
665 such times as may be agreed upon between the board and the United States, and where contract
666 is made and bonds are not deposited with the United States, the contract may likewise call for the
667 repayment of the principal at such time as may be agreed upon. The bonds shall be numbered
668 consecutively as executed and bear the date of authorization. Coupons for the interest shall be
669 attached to each bond bearing the printed or lithographed facsimile of the signature of the chair and
670 the secretary. The bonds shall express on their face that they are issued by the authority of this part,
671 stating its title and date of approval. The secretary shall keep a record of the bonds sold, their
672 number, date of sale, the price received, the name of the purchaser and may keep a transfer
673 register; provided, any such district may provide for the issuance of bonds that will mature in any
674 number of years less than 40, and arrange for the payment thereof, in series as above provided;
675 provided, further, that when the money obtained from any previous issue of bonds has become
676 exhausted by expenditures, herein authorized therefor, and it becomes necessary to raise additional
677 money for such purposes, additional bonds may be issued after submitting the question at a special
678 election to the qualified voters of the district, and otherwise complying with the provisions of this
679 section in respect to an original issue of such bonds; provided, also that the lien for taxes, for the
680 payment of interest and principal for any bond issue, or for any indebtedness under any contract
681 with the United States for or with which bonds have not been deposited, shall be a prior lien to that
682 of any subsequent bond issue.
683 All bonds heretofore executed by any irrigation district wherein the proceedings for the
684 organization of such district and authorizing the issuance of such bonds have been approved and
685 confirmed by the district court of the judicial district within which such irrigation district is
686 located, are hereby confirmed and validated.
687 Section 15. Section 17A-2-730 is amended to read:
688 17A-2-730. Exclusion of lands from district.
689 [
690
691
692 (2) An exclusion of [
693 its rights in or to property, or any of its rights or privileges [
694 [
695 it was or might become liable or chargeable had [
696 [
697 (3) If a contract has been made between the district and the United States as provided in
698 this part, no [
699 States [
700 is filed with the board of [
701 Section 16. Section 17A-2-738 is amended to read:
702 17A-2-738. Redivision of districts.
703 At least 30 days before the next general election of [
704 under this part following an annexation of lands under Title 17B, Chapter 2, Part 5, Annexation,
705 that occurs on or after June 1, 2001, or following an exclusion of land under this part, the board
706 of [
707 as nearly equal in size as [
708 second, and third, and one [
709 Section 17. Section 17A-2-741 is amended to read:
710 17A-2-741. Notice of petition -- Objections.
711 The secretary of the board of trustees shall cause a notice of the filing of such petition to
712 be published as in [
713 published as therein provided, then by posting such notice for the same time in at least three public
714 places in the district, and in case of the posting of those notices, one of the notices shall be so
715 posted on the lands proposed to be excluded. The notice shall state the filing of such petition, the
716 names of the petitioners, description of the lands mentioned in the petition, and the prayer of the
717 petitioners; and it shall notify all persons interested to appear at the office of the board at a time
718 named in the notice, and show cause in writing, if any they have, why the petition should not be
719 granted. The time to be specified in the notice at which they shall be required to show cause shall
720 be the regular meeting of the board next after the expiration of the time for the publication of the
721 notice. The petitioner or petitioners shall advance to the secretary sufficient money to pay the
722 estimated cost of all proceedings under such petition before the secretary shall give such notice.
723 Section 18. Section 17A-2-749 is amended to read:
724 17A-2-749. Special proceedings for judicial examination.
725 The board of trustees of an irrigation district [
726 may commence special proceedings, in and by which all proceedings had in the organization of
727 the district or in and by which its acts and the acts of the district in authorizing the issue and sale
728 of the bonds of the district or providing for the authorization of contract with the United States and
729 the validity of such contract, whether the bonds or any of them have or have not been sold or
730 disposed of, or such contract or proposed contract shall or shall not have been actually signed by
731 the United States or the district, may be judicially examined, approved and confirmed.
732 Section 19. Section 17A-2-751 is amended to read:
733 17A-2-751. Notice -- Contest -- Time for hearing.
734 (1) The court shall fix the time for the hearing of the petition and shall order the clerk of
735 the court to give and publish notice of the filing of the petition. [
736
737 (2) (a) The notice required under this section shall be published once a week for three
738 consecutive weeks in a newspaper of general circulation in the county or, if the district is located
739 in more than one county, in the counties in which the district is located, with the last publication
740 being at least one week before the date set for the hearing.
741 (b) The notice shall state the time and place fixed for the hearing of the petition and the
742 prayer of the petitioners, and that any person interested in the organization of the district, or in the
743 proceedings for the issue or sale of the bonds, or in the making of contract with the United States,
744 may, on or before the day fixed for the hearing of the petition, [
745 (c) The petition may be referred to and described in the notice as the petition of the board
746 of trustees of _______ irrigation district (giving its name) praying that the proceedings for the issue
747 and sale of the bonds of the district, or that the proceedings for the contract with the United States,
748 or the proceedings had for the organization of the district and the validity thereof, be examined,
749 approved and confirmed by the court.
750 Section 20. Section 17A-2-752 is amended to read:
751 17A-2-752. Parties -- Appearances -- Practice and procedure.
752 Any person interested in the district, or in the issue or sale of the bonds, or in the making
753 of contract with the United States, may [
754 Code of Civil Procedure respecting the [
755 applicable to [
756 the petition shall be the defendant to the special proceedings, and the board of trustees shall be the
757 plaintiff. Every material statement of the petition not specifically controverted by the answer shall,
758 for the purpose of the special proceedings, be taken as true, and each person failing to answer the
759 petition shall be considered to admit as true all the material statements of the petition. The rules
760 of pleading and practice relating to appeals and writs of error provided by the Rules of Civil
761 Procedure which are not inconsistent with the provisions of this part are applicable to the special
762 proceedings herein provided for.
763 Section 21. Section 17A-2-754 is amended to read:
764 17A-2-754. Transfer of water rights -- Notice to landowners.
765 The board of trustees of any irrigation district, with the consent of the bondholders and
766 other creditors, may sell, transfer, and convey the water rights and all or any other property
767 belonging to the district to any irrigation company; provided, however, that no such sale, transfer,
768 or conveyance shall be made until notice of the intention of the board to make the same shall have
769 been published, as in [
770 landowner in the district at his last known address at least 30 days prior to the expiration of the
771 time fixed for protest, and provided further that no such sale, transfer, or conveyance shall be made
772 if within 30 days from the last publication of such notice the owners of 1/3 of the acre-feet of water
773 allotted in the district file with the board their written protest against such sale, transfer, or
774 conveyance.
775 Section 22. Section 17A-2-758 is amended to read:
776 17A-2-758. Local improvement districts.
777 In the event the board shall find the proposed local improvement feasible, it shall approve
778 the petition, fix a time and place for the hearing thereof, and shall publish notice thereof, as in
779 [
780 proposed to be organized as a local improvement district and stating generally the nature of the
781 proposed improvements; that warrants for such local improvement are proposed to be issued as
782 the warrants of the irrigation district; and that the lands within the local improvement district are
783 to be assessed for such improvement. At the time and place of hearing named in the notice all
784 persons interested may appear before the board and show cause for or against the formation of the
785 proposed improvement district and the issuance of warrants as aforesaid. Upon the hearing the
786 board shall determine whether or not the proposed local improvement district shall be established.
787 Any landowner whose lands can be served or will be benefitted by the proposed improvement may
788 make application to the board at the time of hearing to include such lands, and the board of trustees
789 in such case may, at their discretion, include such lands within such district. The board of trustees
790 may exclude any land specified in the notice from the district, provided that in the judgment of the
791 board the inclusion thereof will not be practicable.
792 Section 23. Section 17A-2-759 is amended to read:
793 17A-2-759. Establishment -- Limit as to costs -- Authorization -- Construction
794 warrants -- Orders.
795 If the board determines in favor of the improvement it shall enter an order establishing the
796 improvement district and shall list and plat lands included therein, and shall adopt plans for the
797 proposed improvement, estimate the cost, and determine the number of equal annual installments,
798 in which the cost of the improvement shall be paid; provided, however, that no local improvement,
799 the cost of which will exceed $10,000 and be less than $25,000, may be undertaken unless such
800 improvement is first authorized and ratified, in writing, by a majority of the landowners within the
801 local improvement district; nor may any improvement the cost of which will exceed $25,000 be
802 undertaken unless first authorized and ratified, in writing, by a two-thirds majority of the
803 landowners within the local improvement district, and not then if protests, in writing, signed by
804 landowners of the irrigation district having a majority of the votes according to the number of
805 votes cast at the last election, be submitted within 30 days after completion of publication of notice
806 of the proposed improvement, published as in [
807 cost of such improvement shall be paid by the issuance of the warrants of the district, from time
808 to time, therefor, either directly for the payment of the labor and material or for the securing of the
809 funds for such purposes. The warrants shall bear interest at a rate of not to exceed 7% per annum,
810 payable semiannually, and shall state upon their face that they are issued as warrants of the
811 irrigation district for the benefit of the local improvement district within the irrigation district, that
812 all lands within the local improvement district shall be primarily liable to assessment for the
813 principal and interest of the warrants, and that such warrants are also a general obligation of the
814 district. No warrant may be issued in denomination exceeding $500 and no warrant shall be sold
815 for less than par. A copy of the order establishing any local improvement district, together with
816 list and plat of lands included, certified by the chair and secretary, shall be filed in the office of the
817 clerk of the county in which the lands are located and recorded in [
818
819
820 Section 24. Section 17A-2-801 is amended to read:
821 17A-2-801. Title.
822 This act shall be known as the "Metropolitan Water District Act." [
823
824
825 Section 25. Section 17A-2-803 is amended to read:
826 17A-2-803. Purpose of metropolitan water district.
827 [
828
829 acquire, appropriate, develop, store, sell, lease, and distribute water for, and [
830 water to, municipal and domestic purposes, irrigation, power, milling, manufacturing, mining,
831 metallurgical and any and all other beneficial uses[
832
833
834
835
836
837
838 [
839
840 [
841
842 [
843
844 Section 26. Section 17A-2-842 is amended to read:
845 17A-2-842. Withdrawal from district.
846 [
847 metropolitan water district may withdraw [
848 as provided in this section.
849 (2) The [
850
851 from [
852
853 (3) The municipal legislative body shall give notice of the election by:
854 (a) posting the notice at least ten days and in three public places in the municipality; or
855 (b) publishing the notice once in a newspaper of general circulation in the municipality at
856 least ten days before the date fixed for the election.
857 (4) (a) Each election under this section shall be conducted and the returns [
858 canvassed in the manner provided by law for the conduct of municipal elections in the [
859 municipality. [
860 (b) If a majority of the electors voting [
861 of [
862 [
863
864 (5) (a) The secretary of the district shall prepare and [
865 governor[
866 (b) Upon the filing of [
867 municipality [
868 no longer be a part [
869 (6) Property within the municipality [
870 time of [
871 indebtedness outstanding or contracted for, at the time of such exclusion and until such bonded
872 or other indebtedness has been satisfied.
873 Section 27. Section 17A-2-1048 is amended to read:
874 17A-2-1048. Board of trustees representation for newly annexed area.
875 [
876
877 [
878
879
880
881
882 [
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907 [
908
909 [
910 Annexation, the annexed area shall have a representative on the board of trustees on the same basis
911 as it would have had if it had been included in the district as originally organized.
912 Section 28. Section 17A-2-1049 is amended to read:
913 17A-2-1049. Withdrawal from district.
914 (1) Any municipality or unincorporated county area may withdraw from the district as
915 provided in [
916 (2) (a) The [
917 for an unincorporated area seeking withdrawal, the county, may submit to the electors at a special
918 election a proposition for withdrawal from the district.
919 (b) Notice of election shall be given [
920 (i) posting notice for at least ten days in three public places in each area to be withdrawn;
921 or
922 (ii) publishing notice in a newspaper of general circulation in each municipality and
923 unincorporated county area seeking withdrawal at least once ten days before the date of the
924 election.
925 (3) Elections shall be conducted and returns canvassed in the manner provided by law for
926 the conduct of municipal elections.
927 (4) (a) If a majority of the electors voting [
928 favor of withdrawal, the result [
929 the municipality or, for an unincorporated area, the county, to the board of trustees of the district
930 and filed with the lieutenant governor.
931 (b) Withdrawal shall become effective upon filing the certificate with the lieutenant
932 governor.
933 (5) Taxable property within the withdrawn area at the time of exclusion shall continue
934 taxable for purposes of paying any bonded indebtedness or judgments against the district incurred
935 prior to the date of withdrawal.
936 Section 29. Section 17A-2-1420 is amended to read:
937 17A-2-1420. Organization of subdistricts -- Authority -- Bonds -- Board of trustees
938 -- Powers -- Validation of proceedings -- Separability clause.
939 (1) Subdistricts may be organized upon the petition of owners of real property, within or
940 partly within and partly without the district, which petition shall be in substantially the same form
941 and shall fulfill the same requirements concerning the subdistricts as the petition outlined in
942 [
943 of the main district. The petition shall also contain a statement of the initial quantity of water
944 which the subdistrict proposes to acquire from the district for perpetual use[
945
946 attach to the petition written evidence of the consent of the board of trustees of the district to
947 furnish each subdistrict the perpetual use of water for the purpose specified. [
948
949
950 shall be the same as for the organization of districts[
951
952
953 with the district for the furnishing of water and for other purposes, and in addition to any other
954 authority granted under this part, may issue its bonds pursuant to and in conformity with the
955 provisions of this part for the following purposes: (a) acquiring or constructing all or part of an
956 irrigation water system to be operated by the subdistrict for the purpose of providing irrigation
957 water for agricultural and residential land within the boundaries of the subdistrict, including as a
958 part of the subdistrict, the purchase or acquisition of stock in canal companies, water companies,
959 and water users' associations and the acquisition or purchase of water rights and sources of water
960 supply; and (b) constructing water pipelines and storage works, purchase of water and water rights,
961 operation of waterworks systems for the purpose of providing municipal water within the
962 boundaries of the subdistrict and for this purpose the subdistrict board has the same powers, rights,
963 and privileges granted to a district board referred to in Sections 17A-2-1413 , 17A-2-1421 ,
964 17A-2-1422 , and 17A-2-1424 , to carry out its separate purposes under the provisions of this part.
965 The subdistrict board may contract with the district for the furnishing of water for the purposes as
966 stated in the initial petition as well as other purposes. Within 30 days after entering the decree
967 incorporating a subdistrict, the county legislative body of the county shall appoint a board of
968 trustees of the subdistrict not exceeding seven persons who are owners of real property in the
969 subdistrict and who are not trustees of the district. Vacancies in subdistricts shall be filled by the
970 county legislative body of the county. The board of trustees of a subdistrict has all of the powers,
971 rights, and privileges granted to a district board, including specifically, but not limited to, the right
972 of the subdistrict board to levy and collect taxes and assessments referred to in Sections
973 17A-2-1423 through 17A-2-1430 , to carry out its separate purposes, including the payment of
974 principal and interest on bonds payable in whole or in part from the proceeds of assessments and
975 taxes levied under this part issued by the subdistrict under this part. These taxes and assessments
976 may be levied and collected by a subdistrict, notwithstanding the fact that taxes and assessments
977 are being levied and collected by the district in which the subdistrict may lie, to carry out the
978 district purposes; but the taxes levied and collected pursuant to Section 17A-2-1423 may not
979 exceed .0002 per dollar of taxable value of taxable property within the subdistrict to pay the
980 expenses of its organization and administration and may not exceed .0002 per dollar of taxable
981 value of taxable property for all purposes.
982 (2) Each subdistrict created under this section may exercise all powers granted to
983 subdistricts under this part, it being expressly found and determined that all taxable property lying
984 in each subdistrict will be benefitted by the acquisition or construction of the improvements
985 acquired or constructed by the district to an amount not less than the aggregate of the taxes and
986 assessments levied against the property to pay for the cost of acquisition or construction. Wherever
987 proceedings are adopted under authority of this part purporting to create any subdistrict, all
988 proceedings in connection with the creation of each subdistrict are validated, ratified, and
989 confirmed, notwithstanding any failure to comply with any one or more pertinent statutory
990 provisions; and each subdistrict is declared to be a validly created and existing subdistrict under
991 authority of law.
992 (3) If any provision of this part, or the application of any provision to any person or
993 circumstance, is held invalid, the remainder of this part is not affected.
994 Section 30. Section 17A-2-1821 is amended to read:
995 17A-2-1821. Annexation areas to be included in election districts.
996 [
997 [
998 [
999
1000 [
1001
1002 [
1003
1004
1005 [
1006
1007 [
1008 [
1009 [
1010
1011 [
1012
1013 [
1014
1015
1016 [
1017
1018 [
1019
1020 [
1021 [
1022
1023 [
1024
1025
1026 [
1027
1028 [
1029 [
1030
1031 [
1032
1033 [
1034
1035
1036 [
1037 [
1038
1039
1040 [
1041
1042 [
1043 annexed to the regional service area under Title 17B, Chapter 2, Part 5, Annexation, shall be
1044 included in a trustee election district.
1045 [
1046
1047 Section 31. Section 17A-3-244 , which is renumbered from Section 17A-2-326 is
1048 renumbered and amended to read:
1049 [
1050 Any special improvement district created under [
1051
1052 it was created, upon a hearing had upon a petition to the court signed by the governing body of the
1053 district. Said petition shall recite the reasons for the dissolution, that a resolution has been adopted
1054 to dissolve the district, that all claims and demands against the district have been paid or that
1055 provision has been made for the payment thereof.
1056 The court shall fix a day for the hearing thereon, not less than 30 or more than 60 days after
1057 the petition is filed, and shall order that the clerk publish a notice of the said petition and hearing
1058 in a newspaper of general circulation once a week for four successive weeks prior to such hearing.
1059 Such notice shall specify the district to be dissolved, the date, time and place of said hearing, and
1060 shall provide that all persons who have any objections to the dissolution of said district shall file
1061 such objections in the office of said clerk of said court at or prior to the date of said hearing, and
1062 all persons who have any claim against said district must present the same duly itemized and
1063 verified by the affidavit of the claimant at or prior to the time of said hearing or be forever barred
1064 from thereafter asserting said claims, and said notice shall be signed by the clerk of said court. No
1065 district shall be ordered dissolved until said claims shall have been paid or until provision has been
1066 made for the payment thereof, either by the levying and collecting of assessments or by other
1067 means approved by the court.
1068 Section 32. Section 17B-2-101 is amended to read:
1069 17B-2-101. Definitions.
1070 As used in this chapter[
1071 (1) "Local district" means a local government entity, created according to the provisions
1072 of Part 2, Creation of Local Districts, that is not a general purpose government entity but is a
1073 separate legal and corporate entity and a political subdivision of the state, authorized to provide
1074 limited services in a defined geographic area, as provided in Part 2, Creation of Local Districts.
1075 (2) "Municipal" means of or relating to a municipality.
1076 (3) "Municipality" means a city or town.
1077 (4) "Political subdivision" means a county, city, town, local district under this chapter,
1078 independent special district under Title 17A, Chapter 2, Independent Special Districts, an entity
1079 created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act,
1080 or any other governmental entity designated in statute as a political subdivision of the state.
1081 (5) "Private," with respect to real property, means not owned by the United States or any
1082 agency of the federal government, the state, a county, a municipality, a school district, an
1083 independent special district under Title 17A, Chapter 2, Independent Special Districts, a local
1084 district, or any other political subdivision of the state.
1085 (6) "Unincorporated" means not included within a municipality.
1086 Section 33. Section 17B-2-102 is enacted to read:
1087 17B-2-102. Property owner provisions.
1088 (1) For purposes of this chapter:
1089 (a) the owner of real property shall be the fee title owner according to the records of the
1090 county recorder on the date of the filing of the request or petition; and
1091 (b) the value of private real property shall be determined according to the last assessment
1092 before the filing of the request or petition, as determined by:
1093 (i) the county under Title 59, Chapter 2, Part 3, County Assessment, for property subject
1094 to assessment by the county;
1095 (ii) the State Tax Commission under Title 59, Chapter 2, Part 2, Assessment of Property,
1096 for property subject to assessment by the State Tax Commission; or
1097 (iii) the county, for all other property.
1098 (2) For purposes of each provision of this chapter that requires the owners of private real
1099 property covering a percentage of the total private land area within the proposed local district to
1100 sign a request, petition, or protest:
1101 (a) a parcel of real property may not be included in the calculation of the required
1102 percentage unless the request or petition is signed by:
1103 (i) except as provided in Subsection (2)(a)(ii), owners representing a majority ownership
1104 interest in that parcel; or
1105 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
1106 of owners of that parcel;
1107 (b) the signature of a person signing a request or petition in a representative capacity on
1108 behalf of an owner is invalid unless:
1109 (i) the person's representative capacity and the name of the owner the person represents
1110 are indicated on the request or petition with the person's signature; and
1111 (ii) the person provides documentation accompanying the request or petition that
1112 reasonably substantiates the person's representative capacity; and
1113 (c) subject to Subsection (2)(b), a duly appointed personal representative may sign a
1114 request or petition on behalf of a deceased owner.
1115 Section 34. Section 17B-2-201 is amended to read:
1116 17B-2-201. Definitions.
1117 [
1118 [
1119 [
1120 proposed local district; or
1121 [
1122 proposed local district.
1123 [
1124 [
1125 [
1126 [
1127
1128
1129
1130 [
1131
1132
1133
1134 [
1135 [
1136 by owners of real property as provided in Subsection 17B-2-204 (2)(b)(i).
1137 [
1138 is signed by registered voters as provided in Subsection 17B-2-204 (2)(b)(ii).
1139 [
1140 [
1141 [
1142 [
1143 proposes the creation of a local district located entirely within a single municipality;
1144 [
1145 the creation of a local district located entirely within a single county and all or part of the proposed
1146 local district is located within:
1147 [
1148 [
1149 [
1150 one county, the county whose boundaries include more of the area of the proposed local district
1151 than is included within the boundaries of any other county.
1152 [
1153 municipality whose legislative body is the responsible body.
1154 [
1155 [
1156 [
1157
1158 [
1159
1160 [
1161
1162 [
1163
1164 [
1165 [
1166
1167
1168 [
1169
1170 [
1171
1172 [
1173
1174 [
1175
1176 [
1177
1178 [
1179
1180 [
1181
1182 Section 35. Section 17B-2-217 is amended to read:
1183 17B-2-217. Limitation on initiating process to create local district.
1184 (1) Notwithstanding any other provision of this part, the process to create a local district
1185 under this part may not be initiated before [
1186 (2) Subsection (1) does not prohibit the creation of one of the types of independent special
1187 districts listed in Subsection 17A-2-101 (1) under the provisions of this part.
1188 Section 36. Section 17B-2-501 is enacted to read:
1189
1190 17B-2-501. Definitions.
1191 For purposes of this part:
1192 (1) "Applicable area" means:
1193 (a) for a county, the unincorporated area of the county that is included within the area
1194 proposed for annexation; or
1195 (b) for a municipality, the area of the municipality that is included within the area proposed
1196 for annexation.
1197 (2) "Retail" means, with respect to a service provided by a municipality, local district, or
1198 independent special district, that the service is provided directly to the ultimate user.
1199 (3) "Wholesale" means, with respect to a service provided by a local district or
1200 independent special district, that the service is not provided directly to the ultimate user but is
1201 provided to a retail provider.
1202 Section 37. Section 17B-2-502 is enacted to read:
1203 17B-2-502. Annexation of area outside local district -- Multiple areas -- No
1204 requirement to be contiguous.
1205 (1) An area outside the boundaries of a local district may be annexed to the local district,
1206 as provided in this part, in order to provide to the area a service that the local district provides.
1207 (2) The area proposed to be annexed:
1208 (a) may consist of one or more noncontiguous areas; and
1209 (b) need not be adjacent to the boundaries of the proposed annexing local district.
1210 Section 38. Section 17B-2-503 is enacted to read:
1211 17B-2-503. Initiation of annexation process -- Petition and resolution.
1212 (1) Except as provided in Sections 17B-2-515 and 17B-2-516 , the process to annex an area
1213 to a local district may be initiated by:
1214 (a) (i) for a district whose board of trustees is elected by electors based on the acre-feet of
1215 water allotted to the land owned by the elector and subject to Subsection (2), a petition signed by
1216 the owners of all of the acre-feet of water allotted to the land proposed for annexation; or
1217 (ii) for all other districts:
1218 (A) a petition signed by the owners of private real property that:
1219 (I) is located within the area proposed to be annexed;
1220 (II) covers at least 10% of the total private land area within the entire area proposed to be
1221 annexed and within each applicable area; and
1222 (III) is equal in assessed value to at least 10% of the assessed value of all private real
1223 property within the entire area proposed to be annexed and within each applicable area; or
1224 (B) a petition signed by registered voters residing within the entire area proposed to be
1225 annexed and within each applicable area equal in number to at least 10% of the number of votes
1226 cast within the entire area proposed to be annexed and within each applicable area, respectively,
1227 for the office of governor at the last regular general election before the filing of the petition;
1228 (b) a resolution adopted by the legislative body of each county whose unincorporated area
1229 includes and each municipality whose boundaries include any of the area proposed to be annexed;
1230 or
1231 (c) a resolution adopted by the board of trustees of the proposed annexing local district if,
1232 for at least 12 consecutive months immediately preceding adoption of the resolution, the local
1233 district has provided:
1234 (i) retail service to the area; or
1235 (ii) a wholesale service to a provider of the same service that has provided that service on
1236 a retail basis to the area.
1237 (2) If an association representing all acre-feet of water allotted to the land that is proposed
1238 to be annexed to a local district signs a petition under Subsection (1)(a)(i), pursuant to a proper
1239 exercise of authority as provided in the bylaws or other rules governing the association, the petition
1240 shall be considered to have been signed by the owners of all of the acre-feet of water allotted to
1241 the land proposed for annexation, even though less than all of the owners within the association
1242 consented to the association signing the petition.
1243 (3) Each petition and resolution under Subsection (1) shall:
1244 (a) describe the area proposed to be annexed; and
1245 (b) be accompanied by a map of the boundaries of the area proposed to be annexed.
1246 (4) The legislative body of each county and municipality that adopts a resolution under
1247 Subsection (1)(b) shall, within five days after adopting the resolution, mail or deliver a copy of the
1248 resolution to the board of trustees of the proposed annexing local district.
1249 Section 39. Section 17B-2-504 is enacted to read:
1250 17B-2-504. Petition requirements.
1251 (1) Each petition under Subsection 17B-2-503 (1)(a) shall:
1252 (a) indicate the typed or printed name and current residence address of each person signing
1253 the petition;
1254 (b) separately group signatures by county and municipality, so that all signatures of the
1255 owners of real property located within or of registered voters residing within each county whose
1256 unincorporated area includes and each municipality whose boundaries include part of the area
1257 proposed for annexation are grouped separately;
1258 (c) if it is a petition under Subsection 17B-2-503 (1)(a)(i) or (ii)(A), indicate the address
1259 of the property as to which the owner is signing the petition;
1260 (d) designate up to three signers of the petition as sponsors, one of whom shall be
1261 designated the contact sponsor, with the mailing address and telephone number of each;
1262 (e) be filed with the board of trustees of the proposed annexing local district; and
1263 (f) for a petition under Subsection 17B-2-503 (a)(i), state the proposed method of supplying
1264 water to the area proposed to be annexed.
1265 (2) By submitting a written withdrawal or reinstatement with the board of trustees of the
1266 proposed annexing local district, a signer of a petition may withdraw, or once withdrawn, reinstate
1267 the signer's signature at any time:
1268 (a) before the public hearing under Section 17B-2-509 is held; or
1269 (b) if a hearing is not held because of Subsection 17B-2-513 (1) or because no hearing is
1270 requested under Subsection 17B-2-513 (2)(a)(ii)(B), until 20 days after the local district provides
1271 notice under Subsection 17B-2-513 (2)(a)(i).
1272 Section 40. Section 17B-2-505 is enacted to read:
1273 17B-2-505. Petition certification.
1274 (1) Within 30 days after the filing of a petition under Subsection 17B-2-503 (1)(a)(i) or (ii),
1275 the board of trustees of the proposed annexing local district shall:
1276 (a) with the assistance of officers of the county in which the area proposed to be annexed
1277 is located from whom the board requests assistance, determine whether the petition meets the
1278 requirements of Subsection 17B-2-503 (1)(a)(i) or (ii), as the case may be, Subsection
1279 17B-2-503 (3), and Subsection 17B-2-504 (1); and
1280 (b) (i) if the board determines that the petition complies with the requirements, certify the
1281 petition and mail or deliver written notification of the certification to the contact sponsor; or
1282 (ii) if the board determines that the petition fails to comply with any of the requirements,
1283 reject the petition and mail or deliver written notification of the rejection and the reasons for the
1284 rejection to the contact sponsor.
1285 (2) (a) If the board rejects a petition under Subsection (1)(b)(ii), the petition may be
1286 amended to correct the deficiencies for which it was rejected and then refiled.
1287 (b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
1288 used toward fulfilling the applicable signature requirement of the petition as amended under
1289 Subsection (2)(a).
1290 (3) The board shall process an amended petition filed under Subsection (2)(a) in the same
1291 manner as an original petition under Subsection (1).
1292 Section 41. Section 17B-2-506 is enacted to read:
1293 17B-2-506. Notice to county and municipality -- Exception.
1294 (1) Except as provided in Subsection (2), within ten days after certifying a petition under
1295 Subsection 17B-2-505 (1)(b) the board of trustees of the proposed annexing local district shall mail
1296 or deliver a written notice of the proposed annexation, with a copy of the certification and a copy
1297 of the petition, to the legislative body of each:
1298 (a) county in whose unincorporated area any part of the area proposed for annexation is
1299 located; and
1300 (b) municipality in which any part of the area proposed for annexation is located.
1301 (2) The board is not required to send a notice under Subsection (1) to:
1302 (a) a county or municipality that does not provide the service proposed to be provided by
1303 the local district; or
1304 (b) a county or municipality whose legislative body has adopted an ordinance or resolution
1305 waiving the notice requirement as to:
1306 (i) the proposed annexing local district; or
1307 (ii) the service that the proposed annexing local district provides.
1308 (3) For purposes of this section, an area proposed to be annexed to a municipality in a
1309 petition under Section 10-2-403 filed before and still pending at the time of the filing of a petition
1310 under Subsection 17B-2-503 (1)(a) shall be considered to be part of that municipality.
1311 Section 42. Section 17B-2-507 is enacted to read:
1312 17B-2-507. Notice of intent to consider providing service -- Public hearing
1313 requirements.
1314 (1) (a) If the legislative body of a county or municipality whose applicable area is proposed
1315 to be annexed to a local district in a petition under Subsection 17B-2-503 (1)(a) intends to consider
1316 having the county or municipality, respectively, provide to the applicable area the service that the
1317 proposed annexing local district provides, the legislative body shall, within 30 days after receiving
1318 the notice under Subsection 17B-2-506 (1), mail or deliver a written notice to the board of trustees
1319 of the proposed annexing local district indicating that intent.
1320 (b) (i) A notice of intent under Subsection (1)(a) suspends the local district's annexation
1321 proceeding as to the applicable area of the county or municipality that submits the notice of intent
1322 until the county or municipality:
1323 (A) adopts a resolution under Subsection 17B-2-508 (1) declining to provide the service
1324 proposed to be provided by the proposed annexing local district; or
1325 (B) is considered under Subsection 17B-2-508 (2) or (3) to have declined to provide the
1326 service.
1327 (ii) The suspension of an annexation proceeding under Subsection (1)(b)(i) as to an
1328 applicable area does not prevent the local district from continuing to pursue the annexation
1329 proceeding with respect to other applicable areas for which no notice of intent was submitted.
1330 (c) If a legislative body does not mail or deliver a notice of intent within the time required
1331 under Subsection (1)(a), the legislative body shall be considered to have declined to provide the
1332 service.
1333 (2) Each legislative body that mails or delivers a notice under Subsection (1)(a) shall hold
1334 a public hearing or a set of public hearings, sufficient in number and location to ensure that no
1335 substantial group of residents of the area proposed for annexation need travel an unreasonable
1336 distance to attend a public hearing.
1337 (3) Each public hearing under Subsection (2) shall be held:
1338 (a) no later than 45 days after the legislative body sends notice under Subsection (1);
1339 (b) except as provided in Subsections (6) and (7), within the applicable area; and
1340 (c) for the purpose of allowing public input on:
1341 (i) whether the service is needed in the area proposed for annexation;
1342 (ii) whether the service should be provided by the county or municipality or the proposed
1343 annexing local district; and
1344 (iii) all other matters relating to the issue of providing the service or the proposed
1345 annexation.
1346 (4) A quorum of the legislative body of each county or municipal legislative body holding
1347 a public hearing under this section shall be present throughout each hearing held by that county
1348 or municipal legislative body.
1349 (5) Each hearing under this section shall be held on a weekday evening other than a
1350 holiday beginning no earlier than 6:00 p.m.
1351 (6) Two or more county or municipal legislative bodies may jointly hold a hearing or set
1352 of hearings required under this section if all the requirements of this section, other than the
1353 requirements of Subsection (3)(b), are met as to each hearing.
1354 (7) Notwithstanding Subsection (3)(b), a county or municipal legislative body may hold
1355 a public hearing or set of public hearings outside the applicable area if:
1356 (a) there is no reasonable place to hold a public hearing within the applicable area; and
1357 (b) the public hearing or set of public hearings is held as close to the applicable area as
1358 reasonably possible.
1359 (8) Before holding a public hearing or set of public hearings under this section, the
1360 legislative body of each county or municipality that receives a request for service shall provide
1361 notice of the hearing or set of hearings as provided in Section 17B-2-211 .
1362 Section 43. Section 17B-2-508 is enacted to read:
1363 17B-2-508. Resolution indicating whether the requested service will be provided.
1364 (1) Within 30 days after the last hearing required under Section 17B-2-507 is held, the
1365 legislative body of each county and municipality that sent a notice of intent under Subsection
1366 17B-2-507 (1) shall adopt a resolution indicating whether the county or municipality will provide
1367 to the area proposed for annexation within its boundaries the service proposed to be provided by
1368 the proposed annexing local district.
1369 (2) If the county or municipal legislative body fails to adopt a resolution within the time
1370 provided under Subsection (1), the county or municipality shall be considered to have declined to
1371 provide the service.
1372 (3) If a county or municipal legislative body adopts a resolution under Subsection (1)
1373 indicating that the county or municipality will provide the service but the county or municipality
1374 does not, within 120 days after the adoption of that resolution, take substantial measures to provide
1375 the service, the county or municipality shall be considered to have declined to provide the service.
1376 (4) Each county or municipality whose legislative body adopts a resolution under
1377 Subsection (1) indicating that the county or municipality will provide the service shall diligently
1378 proceed to take all measures necessary to provide the service.
1379 (5) If a county or municipal legislative body adopts a resolution under Subsection (1)
1380 indicating that the county or municipality will provide the service and the county or municipality
1381 takes substantial measures within the time provided in Subsection (3) to provide the service, the
1382 local district's annexation proceeding as to the applicable area of that county or municipality is
1383 terminated and that applicable area is considered deleted from the area proposed to be annexed in
1384 a petition under Subsection 17B-2-503 (1)(a).
1385 Section 44. Section 17B-2-509 is enacted to read:
1386 17B-2-509. Public hearing on proposed annexation.
1387 (1) Except as provided in Sections 17B-2-513 and 17B-2-515 , the board of trustees of each
1388 local district that certifies a petition that was filed under Subsection 17B-2-503 (1)(a)(ii)(A) or (B),
1389 receives a resolution adopted under Subsection 17B-2-503 (1)(b), or adopts a resolution under
1390 Subsection 17B-2-503 (1)(c) shall hold a public hearing on the proposed annexation and provide
1391 notice of the hearing as provided in Section 17B-2-510 .
1392 (2) Each public hearing under Subsection (1) shall be held:
1393 (a) within 45 days after:
1394 (i) if no notice to a county or municipal legislative body is required under Section
1395 17B-2-506 , petition certification under Section 17B-2-505 ; or
1396 (ii) if notice is required under Section 17B-2-506 , but no notice of intent is submitted by
1397 the deadline:
1398 (A) expiration of the deadline under Subsection 17B-2-507 (1) to submit a notice of intent;
1399 or
1400 (B) termination of a suspension of the annexation proceeding under Subsection
1401 17B-2-507 (1)(b);
1402 (b) (i) for a local district located entirely within a single county:
1403 (A) within or as close as practicable to the area proposed to be annexed; or
1404 (B) at the local district office; or
1405 (ii) for a local district located in more than one county:
1406 (A) (I) within the county in which the area proposed to be annexed is located; and
1407 (II) within or as close as practicable to the area proposed to be annexed; or
1408 (B) if the local district office is reasonably accessible to all residents within the area
1409 proposed to be annexed, at the local district office;
1410 (c) on a weekday evening other than a holiday beginning no earlier than 6:00 p.m.; and
1411 (d) for the purpose of allowing:
1412 (i) the public to ask questions and obtain further information about the proposed
1413 annexation and issues raised by it; and
1414 (ii) any interested person to address the board regarding the proposed annexation.
1415 (3) A quorum of the board of trustees of the proposed annexing local district shall be
1416 present throughout each public hearing held under this section.
1417 (4) (a) After holding a public hearing under this section or, if no hearing is held because
1418 of application of Subsection 17B-2-513 (2)(a)(ii), after expiration of the time under Subsection
1419 17B-2-513 (2)(a)(ii)(B) for requesting a hearing, the board of trustees may by resolution deny the
1420 annexation and terminate the annexation procedure if:
1421 (i) for a proposed annexation initiated by a petition under Subsection 17B-2-503 (1)(a)(i)
1422 or (ii), the board determines that:
1423 (A) it is not feasible for the local district to provide service to the area proposed to be
1424 annexed; or
1425 (B) annexing the area proposed to be annexed would be inequitable to the owners of real
1426 property or residents already within the local district; or
1427 (ii) for a proposed annexation initiated by resolution under Subsection 17B-2-503 (1)(b)
1428 or (c), the board determines not to pursue annexation.
1429 (b) In each resolution adopted under Subsection (4)(a), the board shall set forth its reasons
1430 for denying the annexation.
1431 Section 45. Section 17B-2-510 is enacted to read:
1432 17B-2-510. Notice of public hearing.
1433 (1) Before holding a public hearing required under Section 17B-2-509 , the board of
1434 trustees of each proposed annexing local district shall:
1435 (a) mail notice of the public hearing and the proposed annexation to:
1436 (i) if the local district is funded predominantly by revenues from a property tax, each
1437 owner of private real property located within the area proposed to be annexed, as shown upon the
1438 county assessment roll last equalized as of the previous December 31; or
1439 (ii) if the local district is not funded predominantly by revenues from a property tax, each
1440 registered voter residing within the area proposed to be annexed, as determined by the voter
1441 registration list maintained by the county clerk as of a date selected by the board of trustees that
1442 is at least 20 but not more than 60 days before the public hearing; and
1443 (b) post notice of the public hearing and the proposed annexation in at least four
1444 conspicuous places within the area proposed to be annexed, no less than ten and no more than 30
1445 days before the public hearing.
1446 (2) Each notice required under Subsection (1) shall:
1447 (a) describe the area proposed to be annexed;
1448 (b) identify the proposed annexing local district;
1449 (c) state the date, time, and location of the public hearing; and
1450 (d) provide a local district telephone number where additional information about the
1451 proposed annexation may be obtained; and
1452 (e) except for a proposed annexation under a petition that meets the requirements of
1453 Subsection 17B-2-513 (1), explain that property owners and registered voters within the area
1454 proposed to be annexed may protest the annexation by filing a written protest with the local district
1455 board of trustees within 30 days after the public hearing.
1456 Section 46. Section 17B-2-511 is enacted to read:
1457 17B-2-511. Modifications to area proposed for annexation -- Limitations.
1458 (1) (a) Subject to Subsections (2), (3), (4), and (5), a board of trustees may, within 30 days
1459 after the pubic hearing under Section 17B-2-509 , or, if no public hearing is held, within 30 days
1460 after the board provides notice under Subsection 17B-2-513 (2)(a)(i), modify the area proposed for
1461 annexation to include land not previously included in that area or to exclude land from that area
1462 if the modification enhances the feasibility of the proposed annexation.
1463 (b) A modification under Subsection (1)(a) may consist of the exclusion of all the land
1464 within an applicable area if:
1465 (i) the entire area proposed to be annexed consists of more than that applicable area;
1466 (ii) sufficient protests under Section 17B-2-512 are filed with respect to that applicable
1467 area that an election would have been required under Subsection 17B-2-512 (3) if that applicable
1468 area were the entire area proposed to be annexed; and
1469 (iii) the other requirements of Subsection (1)(a) are met.
1470 (2) A board of trustees may not add property under Subsection (1) to the area proposed for
1471 annexation without the consent of the owner of that property.
1472 (3) Except as provided in Subsection (1)(b), a modification under Subsection (1) may not
1473 avoid the requirement for an election under Subsection 17B-2-512 (3) if, before the modification,
1474 the election was required because of protests filed under Section 17B-2-512 .
1475 (4) If the annexation is proposed by a petition under Subsection 17B-2-503 (1)(a)(ii)(A)
1476 or (B), a modification may not be made unless the requirements of Subsection
1477 17B-2-503 (1)(a)(ii)(A) or (B) are met after the modification as to the area proposed to be annexed.
1478 (5) If the petition meets the requirements of Subsection 17B-2-513 (1) before a
1479 modification under this section but fails to meet those requirements after modification:
1480 (a) the local district board shall give notice as provided in Section 17B-2-510 and hold a
1481 public hearing as provided in Section 17B-2-509 on the proposed annexation; and
1482 (b) the petition shall be considered in all respects as one that does not meet the
1483 requirements of Subsection 17B-2-513 (1).
1484 Section 47. Section 17B-2-512 is enacted to read:
1485 17B-2-512. Protests -- Election.
1486 (1) (a) Except as provided in Section 17B-2-513 and except for an annexation under
1487 Section 17B-2-515 , an owner of private real property located within or a registered voter residing
1488 within an area proposed to be annexed may protest an annexation by filing a written protest with
1489 the board of trustees of the proposed annexing local district.
1490 (b) A protest of a boundary adjustment is not governed by this section but is governed by
1491 Section 17B-2-516 .
1492 (2) Each protest under Subsection (1)(a) shall be filed within 30 days after the date of the
1493 public hearing under Section 17B-3-509 .
1494 (3) (a) Except as provided in Subsection (4), the local district shall hold an election on the
1495 proposed annexation if timely protests are filed by:
1496 (i) the owners of private real property that:
1497 (A) is located within the area proposed to be annexed;
1498 (B) covers at least 10% of the total private land area within the entire area proposed to be
1499 annexed and within each applicable area; and
1500 (C) is equal in assessed value to at least 10% of the assessed value of all private real
1501 property within the entire area proposed to be annexed and within each applicable area; or
1502 (ii) registered voters residing within the entire area proposed to be annexed and within
1503 each applicable area equal in number to at least 10% of the number of votes cast within the entire
1504 area proposed for annexation and within each applicable area, respectively, for the office of
1505 governor at the last regular general election before the filing of the petition.
1506 (b) Except as otherwise provided in this part, each election under Subsection (3)(a) shall
1507 be governed by Title 20A, Election Code.
1508 (c) If a majority of registered voters residing within the area proposed to be annexed and
1509 voting on the proposal vote:
1510 (i) in favor of annexation, the board of trustees shall, subject to Subsections
1511 17B-2-514 (1)(b), (2), and (3), complete the annexation by adopting a resolution annexing the area;
1512 or
1513 (ii) against annexation, the annexation process is terminated, the board may not adopt a
1514 resolution annexing the area, and the area proposed to be annexed may not for two years be the
1515 subject of an effort under this part to annex to the same local district.
1516 (4) If sufficient protests are filed under this section to require an election, a board of
1517 trustees may, notwithstanding Subsection (3), adopt a resolution rejecting the annexation and
1518 terminating the annexation process without holding an election.
1519 Section 48. Section 17B-2-513 is enacted to read:
1520 17B-2-513. Hearing, notice, and protest provisions do not apply for certain petitions.
1521 (1) Section 17B-2-512 does not apply, and, except as provided in Subsection (2)(a),
1522 Sections 17B-2-509 and 17B-2-510 do not apply:
1523 (a) if the process to annex an area to a local district was initiated by:
1524 (i) a petition under Subsection 17B-2-503 (1)(a)(i);
1525 (ii) a petition under Subsection 17B-2-503 (1)(a)(ii)(A) that was signed by the owners of
1526 private real property that:
1527 (A) is located within the area proposed to be annexed;
1528 (B) covers at least 75% of the total private land area within the entire area proposed to be
1529 annexed and within each applicable area; and
1530 (C) is equal in assessed value to at least 75% of the assessed value of all private real
1531 property within the entire area proposed to be annexed and within each applicable area; or
1532 (iii) a petition under Subsection 17B-2-503 (1)(a)(ii)(B) that was signed by registered
1533 voters residing within the entire area proposed to be annexed and within each applicable area equal
1534 in number to at least 75% of the number of votes cast within the entire area proposed to be
1535 annexed and within each applicable area, respectively, for the office of governor at the last regular
1536 general election before the filing of the petition;
1537 (b) to an annexation under Section 17B-2-515 ; or
1538 (c) to a boundary adjustment under Section 17B-2-516 .
1539 (2) (a) If a petition that meets the requirements of Subsection (1)(a) is certified under
1540 Section 17B-2-505 , the local district board:
1541 (i) shall provide notice of the proposed annexation as provided in Subsection (2)(b); and
1542 (ii) (A) may, in the board's discretion, hold a public hearing as provided in Section
1543 17B-2-509 after giving notice of the public hearing as provided in Subsection (2)(b); and
1544 (B) shall, after giving notice of the public hearing as provided in Subsection (2)(b), hold
1545 a public hearing as provided in Section 17B-2-509 if a written request to do so is submitted, within
1546 20 days after the local district provides notice under Subsection (2)(a)(i), to the local district board
1547 by an owner of property that is located within or a registered voter residing within the area
1548 proposed to be annexed who did not sign the annexation petition.
1549 (b) The notice required under Subsections (2)(a)(i)and (ii) shall:
1550 (i) be given:
1551 (A) (I) for a notice under Subsection (2)(a)(i), within 30 days after petition certification;
1552 or
1553 (II) for a notice of a public hearing under Subsection (2)(a)(ii), at least ten but not more
1554 than 30 days before the public hearing; and
1555 (B) by:
1556 (I) posting written notice at the local district's principal office and in one or more other
1557 locations within or proximate to the area proposed to be annexed as are reasonable under the
1558 circumstances, considering the number of parcels included in that area, the size of the area, the
1559 population of the area, and the contiguousness of the area; and
1560 (II) providing written notice to at least one newspaper of general circulation, if there is one,
1561 within the area proposed to be annexed or to a local media correspondent; and
1562 (ii) contain a brief explanation of the proposed annexation and include the name of the
1563 local district, the service provided by the local district, a description or map of the area proposed
1564 to be annexed, a local district telephone number where additional information about the proposed
1565 annexation may be obtained, and, for a notice under Subsection (2)(a)(i), an explanation of the
1566 right of a property owner or registered voter to request a public hearing as provided in Subsection
1567 (2)(a)(ii)(B).
1568 (c) A notice under Subsection (2)(a)(i) may be combined with the notice that is required
1569 for a public hearing under Subsection (2)(a)(ii)(A).
1570 Section 49. Section 17B-2-514 is enacted to read:
1571 17B-2-514. Resolution approving an annexation -- Notice of annexation -- When
1572 annexation complete.
1573 (1) (a) Subject to Subsection (1)(b), the local district board shall adopt a resolution
1574 annexing the area proposed to be annexed or rejecting the proposed annexation within 30 days
1575 after:
1576 (i) expiration of the protest period under Subsection 17B-2-512 (2), if sufficient protests
1577 to require an election are not filed;
1578 (ii) for a petition that meets the requirements of Subsection 17B-2-513 (1):
1579 (A) a public hearing under Section 17B-2-509 is held, if the board chooses or is required
1580 to hold a public hearing under Subsection 17B-2-513 (2)(a)(ii); or
1581 (B) expiration of the time for submitting a request for public hearing under Subsection
1582 17B-2-513 (2)(a)(ii)(B), if no request is submitted and the board chooses not to hold a public
1583 hearing.
1584 (b) If the local district has entered into an agreement with the United States that requires
1585 the consent of the United States for an annexation of territory to the district, an annexation under
1586 this part may not occur until the written consent of the United States is obtained and filed with the
1587 board of trustees.
1588 (2) Within ten days after adoption of an annexation resolution under Subsection (1),
1589 Subsection 17B-2-512 (3)(c)(i), or Section 17B-2-515 , or a boundary adjustment resolution under
1590 Subsection 17B-2-516 (4), the board shall:
1591 (a) file a written notice of annexation with the State Tax Commission, the lieutenant
1592 governor, and the assessor and recorder of the county in which the annexed area is located,
1593 accompanied by an accurate map or legal description of the boundaries of the area being annexed,
1594 adequate for purposes of the county assessor and recorder; and
1595 (b) prepare and execute a certificate acknowledging that the notices required under
1596 Subsection (2)(a) have been filed, and maintain the certificate with the district records.
1597 (3) The annexation shall be complete on the date indicated in the certificate required under
1598 Subsection (2)(b) as the date on which the board filed the notices required under Subsection (2)(a).
1599 Section 50. Section 17B-2-515 is enacted to read:
1600 17B-2-515. Annexation through expansion of retail district.
1601 (1) (a) A local district that provides a wholesale service may adopt a resolution annexing
1602 an area outside the local district's boundaries if:
1603 (i) the area is annexed by or otherwise added to a municipality, an independent special
1604 district, or another local district that:
1605 (A) acquires the wholesale service from the local district and provides it as a retail service;
1606 (B) is, before the annexation or other addition, located at least partly within the local
1607 district; and
1608 (C) after the annexation or other addition will provide to the annexed or added area the
1609 same retail service that the local district provides as a wholesale service to the municipality,
1610 independent special district, or other local district; and
1611 (ii) except as provided in Subsection (2), no part of the area is within the boundaries of an
1612 independent special district under Title 17A, Chapter 2, Independent Special Districts, or another
1613 local district that provides the same wholesale service as the proposed annexing local district.
1614 (b) For purposes of this section:
1615 (i) a local district providing transportation service shall be considered to be providing a
1616 wholesale service; and
1617 (ii) a municipality included within the boundaries of the local district providing
1618 transportation service shall be considered to be acquiring that wholesale service from the local
1619 district and providing it as a retail service and to be providing that retail service after the
1620 annexation or other addition to the annexed or added area, even though the municipality does not
1621 in fact provide that service.
1622 (2) Notwithstanding Subsection (1)(a)(ii), an area outside the boundaries of a local district
1623 providing a wholesale service and located partly or entirely within the boundaries of an
1624 independent special district or another local district that provides the same wholesale service may
1625 be annexed to the local district if:
1626 (a) the conditions under Subsection (1)(a)(i) are present; and
1627 (b) the proposed annexing local district and the independent special district or other local
1628 district follow the same procedure as is required for a boundary adjustment under Section
1629 17B-2-516 , including both district boards adopting a resolution approving the annexation of the
1630 area to the proposed annexing local district and the withdrawal of that area from the other district.
1631 (3) Upon the adoption of an annexation resolution under this section, the board of the
1632 annexing local district shall comply with the requirements of Subsection 17B-2-514 (2).
1633 (4) Subsection 17B-2-514 (3) applies to an annexation under this section.
1634 Section 51. Section 17B-2-516 is enacted to read:
1635 17B-2-516. Boundary adjustment -- Notice and hearing -- Protest -- Resolution
1636 adjusting boundaries -- Notice of the adjustment.
1637 (1) As used in this section, "affected area" means the area located within the boundaries
1638 of one local district that will be removed from that local district and be included within the
1639 boundaries of another local district because of the boundary adjustment.
1640 (2) The boards of trustees of two or more local districts having a common boundary and
1641 providing the same service on the same wholesale or retail basis may adjust their common
1642 boundary as provided in this section.
1643 (3) (a) The board of trustees of each local district intending to adjust a boundary that is
1644 common with another local district shall:
1645 (i) adopt a resolution indicating the board's intent to adjust a common boundary;
1646 (ii) hold a public hearing on the proposed boundary adjustment no less than 60 days after
1647 the adoption of the resolution under Subsection (3)(a)(i); and
1648 (iii) (A) (I) publish notice once a week for two successive weeks in a newspaper of general
1649 circulation within the local district; or
1650 (II) if there is no newspaper of general circulation within the local district, post notice in
1651 at least four conspicuous places within the local district; or
1652 (B) mail a notice to each owner of property located within the affected area and to each
1653 registered voter residing within the affected area.
1654 (b) The notice required under Subsection (3)(a)(iii) shall:
1655 (i) state that the board of trustees of the local district has adopted a resolution indicating
1656 the board's intent to adjust a boundary that the local district has in common with another local
1657 district that provides the same service as the local district;
1658 (ii) describe the affected area;
1659 (iii) state the date, time, and location of the public hearing required under Subsection
1660 (3)(a)(ii);
1661 (iv) provide a local district telephone number where additional information about the
1662 proposed boundary adjustment may be obtained;
1663 (v) explain the financial and service impacts of the boundary adjustment on property
1664 owners or residents within the affected area; and
1665 (vi) state in conspicuous and plain terms that the board of trustees may adjust the
1666 boundaries unless, at or before the public hearing under Subsection (3)(a)(ii), written protests to
1667 the adjustment are filed with the board by:
1668 (A) the owners of private real property that:
1669 (I) is located within the affected area;
1670 (II) covers at least 50% of the total private land area within the affected area; and
1671 (III) is equal in assessed value to at least 50% of the assessed value of all private real
1672 property within the affected area; or
1673 (B) registered voters residing within the affected area equal in number to at least 50% of
1674 the votes cast in the affected area for the office of governor at the last regular general election
1675 before the filing of the protests.
1676 (c) The first publication of the notice required under Subsection (3)(a)(iii)(A) shall be
1677 within 14 days after the board's adoption of a resolution under Subsection (3)(a)(i).
1678 (d) The boards of trustees of the local districts whose boundaries are being adjusted may
1679 jointly:
1680 (i) publish, post, or mail the notice required under Subsection (3)(a)(iii); and
1681 (ii) hold the public hearing required under Subsection (3)(a)(ii).
1682 (4) After the public hearing required under Subsection (3)(a)(ii), the board of trustees may
1683 adopt a resolution adjusting the common boundary unless, at or before the public hearing, written
1684 protests to the boundary adjustment have been filed with the board by:
1685 (a) the owners of private real property that:
1686 (i) is located within the affected area;
1687 (ii) covers at least 50% of the total private land area within the affected area; and
1688 (iii) is equal in assessed value to at least 50% of the assessed value of all private real
1689 property within the affected area; or
1690 (b) registered voters residing within the affected area equal in number to at least 50% of
1691 the votes cast in the affected area for the office of governor at the last regular general election
1692 before the filing of the protests.
1693 (5) A resolution adopted under Subsection (4) does not take effect until the board of each
1694 local district whose boundaries are being adjusted has adopted a resolution under Subsection (4).
1695 (6) Within ten days after the resolutions take effect under Subsection (5), the board of the
1696 local district whose boundaries are being adjusted to include the affected area shall comply with
1697 the requirements of Subsection 17B-2-514 (2).
1698 (7) Subsection 17B-2-514 (3) applies to a boundary adjustment under this section to the
1699 same extent as if the boundary adjustment were an annexation.
1700 Section 52. Section 17B-2-517 is enacted to read:
1701 17B-2-517. Annexed area subject to taxes and fees.
1702 When an annexation under Section 17B-2-514 or 17B-2-515 or a boundary adjustment
1703 under Section 17B-2-516 is complete, the annexed area or the area affected by the boundary
1704 adjustment shall be subject to user fees or charges imposed by and property, sales, and other taxes
1705 levied by or for the benefit of the local district.
1706
1707 Section 53. Section 17B-2-701 is enacted to read:
1708
1709 17B-2-701. Definitions.
1710 For purposes of this part:
1711 (1) "Active" means, with respect to a local district, that the district is not inactive.
1712 (2) "Administrative body" means:
1713 (a) if the local district proposed to be dissolved has a duly constituted board of trustees in
1714 sufficient numbers to form a quorum, the board of trustees; or
1715 (b) except as provided in Subsection (2)(a):
1716 (i) for a local district located entirely within a single municipality, the legislative body of
1717 that municipality;
1718 (ii) for a local district located in multiple municipalities within the same county or at least
1719 partly within the unincorporated area of a county, the legislative body of that county; or
1720 (iii) for a local district located within multiple counties, the legislative body of the county
1721 whose boundaries include more of the local district than is included within the boundaries of any
1722 other county.
1723 (3) "Clerk" means:
1724 (a) the board of trustees if the board is also the administrative body under Subsection
1725 (2)(a);
1726 (b) the clerk or recorder of the municipality whose legislative body is the administrative
1727 body under Subsection (2)(b)(i); or
1728 (c) the clerk of the county whose legislative body is the administrative body under
1729 Subsection (2)(b)(ii) or (iii).
1730 (4) "Inactive" means, with respect to a local district, that during the preceding three years
1731 the district has not:
1732 (a) provided any service or otherwise operated;
1733 (b) received property taxes or user or other fees; and
1734 (c) expended any funds.
1735 Section 54. Section 17B-2-702 is enacted to read:
1736 17B-2-702. Dissolution of local district.
1737 A local district may be dissolved as provided in this part.
1738 Section 55. Section 17B-2-703 is enacted to read:
1739 17B-2-703. Initiation of dissolution process.
1740 The process to dissolve a local district may be initiated by:
1741 (1) for an inactive local district:
1742 (a) (i) for a local district whose board of trustees is elected by electors based on the
1743 acre-feet of water allotted to the land owned by the elector, a petition signed by the owners of 25%
1744 of the acre-feet of water allotted to the land within the local district; or
1745 (ii) for all other districts:
1746 (A) a petition signed by the owners of private real property that:
1747 (I) is located within the local district proposed to be dissolved;
1748 (II) covers at least 25% of the private land area within the local district; and
1749 (III) is equal in assessed value to at least 25% of the assessed value of all private real
1750 property within the local district; or
1751 (B) a petition signed by registered voters residing within the local district proposed to be
1752 dissolved equal in number to at least 25% of the number of votes cast in the district for the office
1753 of governor at the last regular general election before the filing of the petition; or
1754 (b) a resolution adopted by the administrative body; and
1755 (2) for an active local district, a petition signed by:
1756 (a) for a local district whose board of trustees is elected by electors based on the acre-feet
1757 of water allotted to the land owned by the elector, a petition signed by the owners of 100% of the
1758 acre-feet of water allotted to the land within the local district; or
1759 (b) for all other districts, the owners of 100% of the private real property located within
1760 or 100% of registered voters residing within the local district proposed to be dissolved.
1761 Section 56. Section 17B-2-704 is enacted to read:
1762 17B-2-704. Petition requirements.
1763 (1) Each petition under Subsection 17B-2-703 (1)(a) or (2) shall:
1764 (a) indicate the typed or printed name and current residence address of each owner of
1765 acre-feet of water, property owner, or registered voter signing the petition;
1766 (b) if it is a petition signed by the owners of acre-feet of water or property owners, indicate
1767 the address of the property as to which the owner is signing;
1768 (c) designate up to three signers of the petition as sponsors, one of whom shall be
1769 designated the contact sponsor, with the mailing address and telephone number of each; and
1770 (d) be filed with the clerk.
1771 (2) A signer of a petition to dissolve a local district may withdraw, or, once withdrawn,
1772 reinstate the signer's signature at any time until 30 days after the public hearing under Section
1773 17B-2-706 .
1774 Section 57. Section 17B-2-705 is enacted to read:
1775 17B-2-705. Petition certification.
1776 (1) Within 30 days after the filing of a petition under Subsection 17B-2-703 (1)(a) or (2),
1777 the clerk shall:
1778 (a) with the assistance of officers of the county in which the local district is located from
1779 whom the clerk requests assistance, determine whether the petition meets the requirements of
1780 Section 17B-2-703 and Subsection 17B-2-704 (1); and
1781 (b) (i) if the clerk determines that the petition complies with the requirements, certify the
1782 petition and mail or deliver written notification of the certification to the contact sponsor; or
1783 (ii) if the clerk determines that the petition fails to comply with any of the requirements,
1784 reject the petition and mail or deliver written notification of the rejection and the reasons for the
1785 rejection to the contact sponsor.
1786 (2) (a) If the clerk rejects a petition under Subsection (1)(b)(ii), the petition may be
1787 amended to correct the deficiencies for which it was rejected and then refiled.
1788 (b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
1789 used toward fulfilling the applicable signature requirement of the petition as amended under
1790 subsection (2)(a).
1791 (3) The clerk shall process an amended petition filed under Subsection (2)(a) in the same
1792 manner as an original petition under Subsection (1).
1793 Section 58. Section 17B-2-706 is enacted to read:
1794 17B-2-706. Public hearing.
1795 (1) For each petition certified under Section 17B-2-705 and each resolution adopted under
1796 Subsection 17B-2-703 (1)(b), the administrative body shall hold a public hearing on the proposed
1797 dissolution.
1798 (2) Each public hearing under Subsection (1) shall be held:
1799 (a) no later than 45 days after certification of the petition under Section 17B-2-705 or
1800 adoption of a resolution under Subsection 17B-2-703 (1)(b), as the case may be;
1801 (b) within the local district proposed to be dissolved;
1802 (c) on a weekday evening other than a holiday beginning no earlier than 6:00 p.m.; and
1803 (d) for the purpose of allowing:
1804 (i) the public to ask questions and obtain further information about the proposed
1805 dissolution and issues raised by it; and
1806 (ii) any interested person to address the administrative body concerning the proposed
1807 dissolution.
1808 (3) A quorum of the administrative body shall be present throughout each public hearing
1809 under this section.
1810 Section 59. Section 17B-2-707 is enacted to read:
1811 17B-2-707. Notice of public hearing and of dissolution.
1812 (1) Before holding a public hearing required under Section 17B-2-706 , the administrative
1813 body shall:
1814 (a) (i) publish notice of the public hearing and of the proposed dissolution in a newspaper
1815 of general circulation within the local district proposed to be dissolved; and
1816 (ii) post notice of the public hearing and of the proposed dissolution in at least four
1817 conspicuous places within the local district proposed to be dissolved, no less than five and no more
1818 than 30 days before the public hearing; or
1819 (b) mail a notice to each owner of property located within the local district and to each
1820 registered voter residing within the local district.
1821 (2) Each notice required under Subsection (1) shall:
1822 (a) identify the local district proposed to be dissolved and the service it was created to
1823 provide; and
1824 (b) state the date, time, and location of the public hearing.
1825 Section 60. Section 17B-2-708 is enacted to read:
1826 17B-2-708. Dissolution resolution -- Limitations on dissolution -- Notice of
1827 dissolution.
1828 (1) After the public hearing required under Section 17B-2-706 and subject to Subsection
1829 (2), the administrative body may adopt a resolution dissolving the local district.
1830 (2) A resolution under Subsection (1) may not be adopted unless:
1831 (a) any outstanding debt of the local district is:
1832 (i) satisfied and discharged in connection with the dissolution; or
1833 (ii) assumed by another governmental entity with the consent of all the holders of that debt
1834 and all the holders of other debts of the local district;
1835 (b) for a local district that has provided service during the preceding three years or
1836 undertaken planning or other activity preparatory to providing service:
1837 (i) another entity has committed to provide the same service to the area being served or
1838 proposed to be served by the local district; and
1839 (ii) all who are to receive the service have consented to the service being provided by the
1840 other entity; and
1841 (c) all outstanding contracts to which the local district is a party are resolved through
1842 mutual termination or the assignment of the district's rights, duties, privileges, and responsibilities
1843 to another entity with the consent of the other parties to the contract.
1844 (3) (a) (i) Any assets of the local district remaining after paying all debts and other
1845 obligations of the local district shall be used to pay costs associated with the dissolution process
1846 under this part.
1847 (ii) Any costs of the dissolution process remaining after exhausting the remaining assets
1848 of the local district under Subsection (3)(a)(i) shall be paid by the administrative body.
1849 (b) Any assets of the local district remaining after application of Subsection (3)(a) shall
1850 be distributed:
1851 (i) proportionately to the owners of real property within the dissolved local district if there
1852 is a readily identifiable connection between a financial burden borne by the real property owners
1853 in the district and the remaining assets; or
1854 (ii) except as provided in Subsection (3)(b)(i), to each county, city, or town in which the
1855 dissolved local district was located before dissolution in the same proportion that the land area of
1856 the local district located within the unincorporated area of the county or within the city or town
1857 bears to the total local district land area.
1858 (4) Within ten days after adopting a resolution dissolving the local district, the
1859 administrative body shall cause a notice of the dissolution, with a copy of the dissolution
1860 resolution, to be mailed or delivered to the State Tax Commission, the state auditor, and the
1861 assessor and recorder of each county in which any part of the dissolved district was located
1862 immediately before dissolution.
1863 Section 61. Section 73-2-1 is amended to read:
1864 73-2-1. State engineer -- Term -- Powers and duties -- Qualification for duties.
1865 (1) There shall be a state engineer.
1866 (2) The state engineer shall:
1867 (a) be appointed by the governor with the consent of the Senate;
1868 (b) hold [
1869 (c) have five years experience as a practical engineer or the theoretical knowledge,
1870 practical experience, and skill necessary for the position.
1871 (3) (a) The state engineer shall be responsible for the general administrative supervision
1872 of the waters of the state and the measurement, appropriation, apportionment, and distribution of
1873 those waters.
1874 (b) The state engineer shall have the power to:
1875 (i) make and publish rules necessary to carry out the duties of his office;
1876 (ii) secure the equitable apportionment and distribution of the water according to the
1877 respective rights of appropriators; and
1878 (iii) bring suit in courts of competent jurisdiction to:
1879 (A) enjoin the unlawful appropriation, diversion, and use of surface and underground
1880 water;
1881 (B) prevent waste, loss, or pollution of those waters; and
1882 (C) enable him to carry out the duties of his office.
1883 (c) The state engineer shall:
1884 (i) upon request from the board of trustees of an irrigation district under Title 17A, Chapter
1885 2, Part 7, Irrigation Districts, or a local district under Title 17B, Chapter 2, Local Districts, that
1886 operates an irrigation water system, cause a water survey to be made of all lands proposed to be
1887 annexed to the district in order to determine and allot the maximum amount of water that could
1888 be beneficially used on the land, with a separate survey and allotment being made for each 40-acre
1889 or smaller tract in separate ownership; and
1890 (ii) upon completion of the survey and allotment under Subsection (3)(c)(i), file with the
1891 district board a return of the survey and report of the allotment.
1892 (4) (a) The state engineer may establish water districts and define their boundaries.
1893 (b) The water districts shall be formed in a manner that:
1894 (i) secures the best protection to the water claimants; and
1895 (ii) is the most economical for the state to supervise.
1896 Section 62. Repealer.
1897 This act repeals:
1898 Section 17A-2-202, Creation and organization of district.
1899 Section 17A-2-203, Procedure -- Petition -- Contents and sufficiency of petition.
1900 Section 17A-2-204, Hearing and determination -- Notice -- Boundaries.
1901 Section 17A-2-205, Election to determine organization of district -- Notice -- Eligibility
1902 of voters.
1903 Section 17A-2-206, Conduct of election -- Precincts -- Judges.
1904 Section 17A-2-207, Canvass of returns.
1905 Section 17A-2-213, Annexation of adjoining territory -- Procedure -- Necessity for
1906 approval of board.
1907 Section 17A-2-214, Annexation of additional territory within adjoining county --
1908 Requirements.
1909 Section 17A-2-303, Procedure for creation of district.
1910 Section 17A-2-304, Notice of hearing and intent -- Protests -- Resolution establishing
1911 district -- Writ of review.
1912 Section 17A-2-331, Annexation of areas.
1913 Section 17A-2-332, Methods of annexation -- Resolution -- Proposed area including
1914 part of another county.
1915 Section 17A-2-333, Notice of intention to annex -- Resolution -- Writ of review.
1916 Section 17A-2-339, Adjustment of common boundaries -- Notice and hearing -- Protest
1917 -- Property taxes after the boundary adjustment.
1918 Section 17A-2-404, Establishment of service area.
1919 Section 17A-2-406, Resolution of county.
1920 Section 17A-2-407, Publication and mailing of resolution.
1921 Section 17A-2-408, Hearing -- Protests -- Report of officers -- Record.
1922 Section 17A-2-409, Abandonment of proposed service area -- Procedures.
1923 Section 17A-2-410, Ordinance to establish area -- Appeals -- Exclusion of lands from
1924 area -- Inclusion of unspecified services prohibited.
1925 Section 17A-2-417, Annexation of other areas.
1926 Section 17A-2-420, Existing districts may dissolve.
1927 Section 17A-2-430, Reorganization of existing county service areas -- Procedure.
1928 Section 17A-2-529, Procedure for annexation -- Petition -- Appeals by persons
1929 aggrieved -- Recordation and filing of order.
1930 Section 17A-2-546, Organization of districts in cities or towns.
1931 Section 17A-2-561, Petition for dissolution -- Notice -- Hearings -- Objections --
1932 Liquidation of indebtedness.
1933 Section 17A-2-562, Disposal of district property.
1934 Section 17A-2-563, Statement of assessment levied, collected and uncollected, and of
1935 indebtedness filed with clerk.
1936 Section 17A-2-564, Court to determine obligations and expense of dissolution --
1937 Claims not presented, barred.
1938 Section 17A-2-565, Allocating and apportioning indebtedness against land.
1939 Section 17A-2-566, Payment discharges lien, excepting liens for prior assessments.
1940 Section 17A-2-567, Sale of lands upon failure to pay amounts allocated -- Procedure.
1941 Section 17A-2-602, Proposal of district by petition -- Petition -- Form, contents, and
1942 requisites of petition.
1943 Section 17A-2-603, Hearing for establishment of district.
1944 Section 17A-2-604, Procedure at hearing upon petition.
1945 Section 17A-2-605, Organization of proposed district -- Adoption of ordinance --
1946 Election -- Qualification of voters.
1947 Section 17A-2-606, Conduct of election -- Challenges -- Judges of election.
1948 Section 17A-2-608, Canvass of votes -- Order of the county legislative body.
1949 Section 17A-2-614, Annexation of contiguous territory -- Procedure -- Petition --
1950 Special election.
1951 Section 17A-2-624, Winding up and dissolution of district.
1952 Section 17A-2-702, Petition for irrigation district -- Duty of the county legislative body
1953 and state engineer -- Creation provisions superseded -- Exception.
1954 Section 17A-2-703, Land and water allotments -- Revision and alteration --
1955 Proceedings to list lands -- Writ of mandamus -- Hearing and determination on writ --
1956 Calling election --Conduct of election.
1957 Section 17A-2-704, Notice of election -- Trustees.
1958 Section 17A-2-705, Canvass of returns -- Organization of district.
1959 Section 17A-2-731, Petition for inclusion.
1960 Section 17A-2-732, Notice of application -- Procedure -- Time -- Costs.
1961 Section 17A-2-733, Hearing on petition.
1962 Section 17A-2-734, Conditions precedent to granting.
1963 Section 17A-2-735, Action on petition.
1964 Section 17A-2-736, Copies of orders and plat recorded -- Additions liable.
1965 Section 17A-2-737, Minutes admissible in evidence.
1966 Section 17A-2-745, Division of districts -- Representation.
1967 Section 17A-2-746, Dissolution of district -- Election -- Procedure.
1968 Section 17A-2-747, Returns and canvass of election.
1969 Section 17A-2-748, Irrigation district's failure to function -- Dissolution -- Increase
1970 of assessment -- Lien and tax sale.
1971 Section 17A-2-811, Publication of call.
1972 Section 17A-2-812, Ballot.
1973 Section 17A-2-813, Counting ballots and canvassing returns.
1974 Section 17A-2-814, Consolidated elections.
1975 Section 17A-2-815, Certificate to lieutenant governor -- Valuation of cities approving.
1976 Section 17A-2-841, Annexation to district -- Validity of proceedings.
1977 Section 17A-2-912, Annexation of area into district -- Conditions -- Procedures --
1978 Petition -- Resolution -- Protests.
1979 Section 17A-2-913, Dissolution -- Election -- Apportionment of property.
1980 Section 17A-2-1404, Establishment of district -- Petition -- Effect of defects.
1981 Section 17A-2-1405, Bond to be filed with petition.
1982 Section 17A-2-1406, Hearing -- Jurisdiction of district court -- Court not to be
1983 disqualified.
1984 Section 17A-2-1407, Protest petition -- Objections -- Hearing -- Decree establishing
1985 district -- Meetings -- Dismissal of petition or proceedings -- Finality and conclusiveness of
1986 order --Appeal.
1987 Section 17A-2-1408, Findings and decree to be filed -- Fees.
1988 Section 17A-2-1437, Change of boundaries -- Petitions for and against inclusion within
1989 district -- Hearing -- Petition protesting inclusion -- Hearing -- Appeal -- Annexation
1990 --Hearings -- Objections -- Order of inclusion -- Findings and decrees -- Appeal.
1991 Section 17A-2-1815, Dissolution of regional service areas.
1992 Section 17A-2-1816, Annexation proceedings.
1993 Section 17A-2-1817, Publication.
1994 Section 17A-2-1818, Hearing -- Protests -- Report of officers -- Record.
1995 Section 17A-2-1819, Abandonment of proposed annexation -- Procedures.
1996 Section 17A-2-1820, Referendum election procedures.
1997 Section 63. Coordination clause.
1998 If this bill and H.B. 155, Annexation Amendments, both pass, it is the intent of the
1999 Legislature that the Office of Legislative Research and General Counsel, in preparing the Utah
2000 Code database for publication, include in the database a rewritten Subsection 17B-2-506 (3) that
2001 shall read as follows:
2002 "(3) For purposes of this section, an area proposed to be annexed to a municipality in a
2003 petition under Section 10-2-403 filed before and still pending at the time of the filing of a petition
2004 under Subsection 17B-2-503 (1)(a) and an area included within a municipality's annexation policy
2005 plan under Section 10-2-401.5 shall be considered to be part of that municipality.".
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