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H.B. 447
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GOVERNMENT ENTITY CHANGES
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2008 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Kory M. Holdaway
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Senate Sponsor:
____________
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LONG TITLE
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General Description:
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This bill modifies provisions relating to the processes and requirements when a
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boundary or name of a local governmental entity is changed.
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Highlighted Provisions:
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This bill:
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. modifies the processes and requirements for notifying certain entities when a
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governmental entity boundary is changed in a county, municipality, special service
15
district, local district, community development and renewal agency, local school
16
district, or an entity created by interlocal agreement;
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. changes the flow of information for an entity boundary change to be through the
18
county recorder and then the lieutenant governor, with the lieutenant governor
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notifying entities needing boundary change information;
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. establishes two standards for accuracy of boundary change information;
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. requires the accuracy of boundary information for a notice and petition for a
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boundary change to meet the standard of a preliminary map;
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. requires the accuracy of boundary information when recorded with the county
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recorder to meet the standard of a retraceable plat;
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. prohibits a governmental entity boundary splitting a parcel;
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. prohibits the county recorder from recording a boundary change unless the county
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surveyor has reviewed the accuracy of the plat;
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. prohibits the lieutenant governor from certifying a boundary change unless the
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county surveyor has reviewed the accuracy of the plat;
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. requires the county recorder to forward to the lieutenant governor a recorded copy
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of a boundary change or name change;
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. modifies the process of an entity changing its name;
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. removes the requirement to file articles of incorporation;
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. requires the lieutenant governor to evaluate if a change in municipal or county
35
classification is needed after a boundary change;
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. modifies the number of days in which documents relating to a boundary change
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must be recorded;
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. changes the arbitrator in a county boundary dispute from the state engineer to an
39
independent county surveyor;
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. allows the county recorder to establish an earlier deadline for submitting boundary
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changes in order to receive next year's property tax proceeds resulting from the
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boundary change;
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. modifies the duties of the surveyor position within the Automated Geographic
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Reference Center, Division of Information Technology Services to include
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providing technical support to county surveyors, as requested, in evaluating
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boundary changes;
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. requires the lieutenant governor to make available to the public on the Internet
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documents related to a governmental entity boundary change;
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. requires the Automated Geographic Reference Center to provide boundaries of
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political subdivisions to the United States Bureau of the Census in meeting the
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needs of the bureau; and
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. makes technical corrections.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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10-1-118, as enacted by Laws of Utah 2000, Chapter 318
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10-2-103, as last amended by Laws of Utah 2000, Chapter 184
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10-2-119, as last amended by Laws of Utah 2005, Chapter 233
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10-2-120, as last amended by Laws of Utah 2005, Chapter 233
63
10-2-121, as last amended by Laws of Utah 2005, First Special Session, Chapter 9
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10-2-125, as last amended by Laws of Utah 2007, Chapter 212
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10-2-302, as last amended by Laws of Utah 2001, Second Special Session, Chapter 4
66
10-2-418, as last amended by Laws of Utah 2007, Chapters 329 and 378
67
10-2-419, as last amended by Laws of Utah 2007, Chapter 329
68
10-2-425, as last amended by Laws of Utah 2007, Chapters 329 and 378
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10-2-507, as last amended by Laws of Utah 2005, Chapter 233
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10-2-610, as last amended by Laws of Utah 1997, Chapter 389
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10-2-712, as last amended by Laws of Utah 2005, Chapter 233
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10-6-111, as last amended by Laws of Utah 2005, Chapter 146
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11-13-204, as last amended by Laws of Utah 2005, Chapter 233
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11-13-205, as last amended by Laws of Utah 2005, Chapters 105 and 233
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17-2-1, as last amended by Laws of Utah 1993, Chapter 227
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17-2-2, as last amended by Laws of Utah 1984, Chapter 68
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17-2-3, as last amended by Laws of Utah 1984, Chapter 68
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17-2-4, as last amended by Laws of Utah 2005, Chapter 233
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17-2-5, Utah Code Annotated 1953
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17-2-9, as last amended by Laws of Utah 2005, Chapter 233
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17-2-13, as last amended by Laws of Utah 2005, Chapter 233
82
17-3-3, as last amended by Laws of Utah 2005, Chapter 233
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17-50-104, as last amended by Laws of Utah 2005, Chapter 233
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17-50-105, as last amended by Laws of Utah 2005, Chapter 233
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17-50-502, as enacted by Laws of Utah 2000, Chapter 318
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17A-2-1311, as last amended by Laws of Utah 2005, Chapter 233
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17A-2-1327, as last amended by Laws of Utah 2005, Chapter 233
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17A-2-1329, as last amended by Laws of Utah 2005, Chapter 233
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17A-3-802, as renumbered and amended by Laws of Utah 1990, Chapter 186
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17A-3-803, as renumbered and amended by Laws of Utah 1990, Chapter 186
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17B-1-215, as renumbered and amended by Laws of Utah 2007, Chapter 329
92
17B-1-216, as renumbered and amended by Laws of Utah 2007, Chapter 329
93
17B-1-217, as renumbered and amended by Laws of Utah 2007, Chapter 329
94
17B-1-412, as renumbered and amended by Laws of Utah 2007, Chapter 329
95
17B-1-414, as renumbered and amended by Laws of Utah 2007, Chapter 329
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17B-1-415, as renumbered and amended by Laws of Utah 2007, Chapter 329
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17B-1-416, as renumbered and amended by Laws of Utah 2007, Chapter 329
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17B-1-417, as renumbered and amended by Laws of Utah 2007, Chapter 329
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17B-1-512, as renumbered and amended by Laws of Utah 2007, Chapter 329
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17B-1-1308, as renumbered and amended by Laws of Utah 2007, Chapter 329
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17C-1-201, as renumbered and amended by Laws of Utah 2006, Chapter 359
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17C-1-701, as renumbered and amended by Laws of Utah 2006, Chapter 359
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53A-2-101.5, as enacted by Laws of Utah 2005, Chapter 233
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53A-2-118, as last amended by Laws of Utah 2007, First Special Session, Chapter 1
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59-2-1304, as repealed and reenacted by Laws of Utah 1988, Chapter 3
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59-2-1325, as repealed and reenacted by Laws of Utah 1988, Chapter 3
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63-30d-401, as last amended by Laws of Utah 2007, Chapter 329
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63F-1-506, as last amended by Laws of Utah 2005, Chapter 233 and renumbered and
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amended by Laws of Utah 2005, Chapter 169
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63F-1-507, as last amended by Laws of Utah 2007, Chapter 329
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67-1a-6.5, as last amended by Laws of Utah 2007, Chapters 212 and 329
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ENACTS:
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17-21-26, Utah Code Annotated 1953
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17-23-20, Utah Code Annotated 1953
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59-2-924.5, Utah Code Annotated 1953
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REPEALS:
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10-1-116, as last amended by Laws of Utah 2005, Chapter 233
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10-1-117, as last amended by Laws of Utah 2007, Chapter 329
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10-2-122, as last amended by Laws of Utah 2000, Chapter 38
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10-2-508, as last amended by Laws of Utah 2003, Chapter 279
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10-2-611, as last amended by Laws of Utah 2005, Chapter 233
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-1-118
is amended to read:
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10-1-118. Changing the name of a municipality.
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(1) (a) A municipality may change its name by [filing amended articles of
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incorporation as provided in Section
10-1-117
.] recording with the county recorder a notice of
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name change.
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(b) The notice in Subsection (1)(a) shall have been:
130
(i) approved by the municipal legislative body; and
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(ii) signed and verified by the mayor of the municipality.
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(2) The name change becomes effective upon the lieutenant governor's certification of
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the [amended articles as provided in Subsection
10-1-117
(3)] name change under Section
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67-1a-6.5
.
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Section 2.
Section
10-2-103
is amended to read:
136
10-2-103. Request for feasibility study -- Requirements -- Limitations.
137
(1) The process to incorporate a contiguous area of a county as a city is initiated by a
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request for a feasibility study filed with the clerk of the county in which the area is located.
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(2) Each request under Subsection (1) shall:
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(a) be signed by the owners of private real property that:
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(i) is located within the area proposed to be incorporated;
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(ii) covers at least 10% of the total private land area within the area; and
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(iii) is equal in value to at least 7% of the value of all private real property within the
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area;
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(b) indicate the typed or printed name and current residence address of each owner
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signing the request;
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[(c) describe the contiguous area proposed to be incorporated as a city;]
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[(d)] (c) designate up to five signers of the request as sponsors, one of whom shall be
149
designated as the contact sponsor, with the mailing address and telephone number of each;
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[(e)] (d) be accompanied by and circulated with [an accurate map or plat] a preliminary
151
map as defined in Section
17-23-20
, prepared by a licensed surveyor, showing the boundaries
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of the proposed city; and
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[(f)] (e) request the county legislative body to commission a study to determine the
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feasibility of incorporating the area as a city.
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(3) A request for a feasibility study under this section may not propose for
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incorporation an area that includes some or all of an area that is the subject of a completed
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feasibility study or supplemental feasibility study whose results comply with Subsection
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10-2-109
(3) unless:
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(a) the proposed incorporation that is the subject of the completed feasibility study or
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supplemental feasibility study has been defeated by the voters at an election under Section
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10-2-111
; or
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(b) the time provided under Subsection
10-2-109
(1) for filing an incorporation petition
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based on the completed feasibility study or supplemental feasibility study has elapsed without
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the filing of a petition.
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(4) (a) Except as provided in Subsection (4)(b), a request under this section may not
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propose for incorporation an area that includes some or all of an area proposed for annexation
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in an annexation petition under Section
10-2-403
that:
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(i) was filed before the filing of the request; and
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(ii) is still pending on the date the request is filed.
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(b) Notwithstanding Subsection (4)(a), a request may propose for incorporation an area
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that includes some or all of an area proposed for annexation in an annexation petition described
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in Subsection (4)(a) if:
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(i) the proposed annexation area that is part of the area proposed for incorporation does
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not exceed 20% of the area proposed for incorporation;
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(ii) the request complies with Subsections (2) and (3) with respect to the area proposed
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for incorporation excluding the proposed annexation area; and
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(iii) excluding the area proposed for annexation from the area proposed for
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incorporation would not cause the area proposed for incorporation to lose its contiguousness.
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(c) Except as provided in Section
10-2-107
, each request to which Subsection (4)(b)
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applies shall be considered as not proposing the incorporation of the area proposed for
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annexation.
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(5) At the time of filing the request for a feasibility study with the county clerk, the
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sponsors of the request shall mail or deliver a copy of the request to the chair of the planning
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commission of each township in which any part of the area proposed for incorporation is
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located.
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Section 3.
Section
10-2-119
is amended to read:
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10-2-119. Recording notice of incorporation -- When incorporation complete --
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Incorporation presumed conclusive.
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(1) (a) Within [seven] 30 days after the canvass of the final election of city officers
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under Section
10-2-116
, the mayor-elect of the new city shall [file at least three copies of the
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articles] record with the county recorder a notice of incorporation [with the lieutenant
192
governor].
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[(2) The articles of incorporation shall:]
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(b) The notice in Subsection (1)(a) shall:
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[(a)] (i) contain the name of the city;
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[(b) contain an accurate map or plat, prepared by a licensed surveyor, approved by the
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legislative body, and filed with the county surveyor in accordance with Section
17-23-17
]
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(ii) contain a retraceable plat, as defined in Section
17-23-20
, showing the boundaries
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of the city;
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[(c) contain the city's class according to population as defined in Section
10-2-301
;
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and]
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(iii) include the results of the election;
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(iv) include a statement signed by an attorney attesting that all legal requirements for
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the incorporation have been met; and
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[(d)] (v) be signed and verified by the mayor-elect of the city.
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[(3) The legislative body of the new city shall comply with the notice requirements of
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Section
10-1-116
.]
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(c) In addition to the deadline in Subsection (1)(a), the tax deadlines in Section
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59-2-924.5
apply.
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(2) The county recorder shall comply with the requirements of Section
17-21-26
.
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(3) The lieutenant governor shall comply with the requirements of Sections
10-2-302
212
and
67-1a-6.5
.
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(4) The incorporation is effective upon the lieutenant governor certifying the
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incorporation under Section
67-1a-6.5
.
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(5) Notwithstanding any other provision of law, a city shall be conclusively presumed
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to be lawfully incorporated and existing if for two years following the city's incorporation:
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(a) (i) the city has levied and collected a property tax; or
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(ii) for a city incorporated on or after July 1, 1998, the city has imposed a sales and use
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tax; and
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(b) no challenge to the existence or incorporation of the city has been filed in the
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district court for the county in which the city is located.
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Section 4.
Section
10-2-120
is amended to read:
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10-2-120. Powers of officers-elect.
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[(1) (a) Before filing articles of incorporation, the mayor-elect of the future city may
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file with the lieutenant governor a verified notice of intention to file the articles of
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incorporation.]
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[(b) The notice under Subsection (1)(a) shall contain:]
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[(i) the name of the future city;]
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[(ii) an accurate map or plat, prepared by a licensed surveyor, approved by the
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legislative body, and filed with the county surveyor in accordance with Section
17-23-17
,
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showing the boundaries of the future city;]
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[(iii) the city's class according to population as defined in Section
10-2-301
; and]
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[(iv) the proposed date for filing the articles of incorporation.]
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[(2)] (1) Upon the [lieutenant governor's certification of the notice under Section
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67-1a-6.5
] canvass of the final election of city officers under Section
10-2-116
and until the
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future city becomes legally incorporated, the officers of the future city may:
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(a) prepare and adopt, under Chapter 6, Uniform Fiscal Procedures Act For Utah
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Cities, a proposed budget and compilation of ordinances;
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(b) negotiate and make personnel contracts and hirings;
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(c) negotiate and make service contracts;
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[(d) file the notification required by Subsection
10-1-116
(1);]
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[(e)] (d) negotiate and make contracts to purchase equipment, materials, and supplies;
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[(f)] (e) borrow funds from the county in which the future city is located under
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Subsection
10-2-121
(3);
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[(g)] (f) borrow funds for startup expenses of the future municipality; and
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[(h)] (g) issue tax anticipation notes in the name of the future municipality.
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[(3)] (2) The city's legislative body shall review and ratify each contract made by the
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officers-elect under Subsection [(2)] (1) within 30 days of the effective date of incorporation
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under Section [
10-2-122
]
10-2-119
.
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Section 5.
Section
10-2-121
is amended to read:
251
10-2-121. Division of municipal-type services revenues -- County may provide
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startup funds -- Notice requirements.
253
(1) The county in which an area incorporating under this part is located shall, until the
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date of the city's incorporation under Section [
10-2-122
]
10-2-119
, continue:
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(a) to levy and collect ad valorem property tax and other revenues from or pertaining to
256
the future city; and
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(b) except as otherwise agreed by the county and the officers-elect of the city [after the
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filing of the notice under Subsection
10-2-120
(1)], to provide the same services to the future
259
city as the county provided before the commencement of the incorporation proceedings.
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(2) (a) The legislative body of the county in which a newly incorporated city is located
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shall share pro rata with the new city, based on the date of incorporation, the taxes and service
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charges or fees levied and collected by the county under Section
17-34-3
during the year of the
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new city's incorporation if and to the extent that the new city provides, by itself or by contract,
264
the same services for which the county levied and collected the taxes and service charges or
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fees.
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(b) (i) The legislative body of a county in which a city incorporated after January 1,
267
2004, is located may share with the new city taxes and service charges or fees that were levied
268
and collected by the county under Section
17-34-3
:
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(A) before the year of the new city's incorporation;
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(B) from the previously unincorporated area that, because of the city's incorporation, is
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located within the boundaries of the newly incorporated city; and
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(C) for the purpose of providing services to the area that before the new city's
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incorporation was unincorporated.
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(ii) A county legislative body may share taxes and service charges or fees under
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Subsection (2)(b)(i) by a direct appropriation of funds or by a credit or offset against amounts
276
due under a contract for municipal-type services provided by the county to the new city.
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(3) (a) The legislative body of a county in which an area incorporating under this part is
278
located may appropriate county funds to:
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(i) before incorporation but after [a notice under Subsection
10-2-120
(1) is filed] the
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canvass of the final election of city officers under Section
10-2-116
, the officers-elect of the
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future city to pay startup expenses of the future city; or
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(ii) after incorporation, the new city.
283
(b) Funds appropriated under Subsection (3)(a) may be distributed in the form of a
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grant, a loan, or as an advance against future distributions under Subsection (2).
285
[(4) (a) Within 30 days of incorporation, the legislative body of the new city shall
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record with the recorder of the county in which the new city is located a plat or map, prepared
287
by a licensed surveyor and approved by the legislative body of the new city, the county
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recorder, and county surveyor, showing the boundaries of the new city.]
289
[(b) The legislative body of the new city shall comply with the notice requirements of
290
Section
10-1-116
.]
291
Section 6.
Section
10-2-125
is amended to read:
292
10-2-125. Incorporation of a town.
293
(1) As used in this section:
294
(a) "Base petition" means a petition under this section proposing the incorporation of a
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town and signed by the owners of private real property that:
296
(i) is located within the area proposed to be incorporated;
297
(ii) covers at least a majority of the total private land area within the area proposed to
298
be incorporated; and
299
(iii) is equal in value to at least 1/3 but not more than 1/2 of the value of all private real
300
property within the area proposed to be incorporated.
301
(b) "Qualifying petition" means a petition under this section proposing the
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incorporation of a town and signed by the owners of private real property that:
303
(i) is located within the area proposed to be incorporated;
304
(ii) covers at least a majority of the total private land area within the area proposed to
305
be incorporated; and
306
(iii) is equal in value to more than 1/2 of the value of all private real property within
307
the area proposed to be incorporated.
308
(2) (a) A contiguous area of a county not within a municipality, with a population of at
309
least 100 but less than 1,000, may incorporate as a town as provided in this section.
310
(b) (i) The population figure under Subsection (2)(a) shall be derived from the most
311
recent official census or census estimate of the United States Bureau of the Census.
312
(ii) If the population figure is not available from the United States Bureau of the
313
Census, the population figure shall be derived from the estimate from the Utah Population
314
Estimates Committee.
315
(3) (a) The process to incorporate an area as a town is initiated by filing a petition with
316
the clerk of the county in which the area is located.
317
(b) Each petition under Subsection (3)(a) shall:
318
(i) be signed by the owners of private real property that:
319
(A) is located within the area proposed to be incorporated;
320
(B) covers a majority of the total private land area within the area; and
321
(C) is equal in value to at least 1/3 of the value of all private real property within the
322
area;
323
[(ii) state the legal description of the boundaries of the area proposed to be
324
incorporated as a town;]
325
[(iii)] (ii) designate up to five signers of the petition as sponsors, one of whom shall be
326
designated as the contact sponsor, with the mailing address of each owner signing as a sponsor;
327
[(iv)] (iii) be accompanied by and circulated with [an accurate map or plat] a
328
preliminary map as defined in Section
17-23-20
, prepared by a licensed surveyor, showing the
329
[boundaries] boundary of the proposed town; and
330
[(v)] (iv) substantially comply with and be circulated in the following form:
331
PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
332
town)
333
To the Honorable County Legislative Body of (insert the name of the county in which
334
the proposed town is located) County, Utah:
335
We, the undersigned owners of real property within the area described in this petition,
336
respectfully petition the county legislative body for the area described in this petition to be
337
incorporated as a town. Each of the undersigned affirms that each has personally signed this
338
petition and is an owner of real property within the described area, and that the current
339
residence address of each is correctly written after the signer's name. The area proposed to be
340
incorporated as a town is described as follows: (insert an accurate description of the area
341
proposed to be incorporated).
342
(c) A petition under this section may not describe an area that includes some or all of
343
an area proposed for annexation in an annexation petition under Section
10-2-403
that:
344
(i) was filed before the filing of the petition; and
345
(ii) is still pending on the date the petition is filed.
346
(4) Section
10-2-104
applies to a petition for incorporation as a town in any county,
347
except that the notice under Subsection
10-2-104
(1) shall be sent within seven calendar days
348
after the filing of a petition under Subsection (3).
349
(5) (a) (i) The legislative body of each county with which a base petition is filed under
350
this section shall commission and pay for a feasibility study as provided in Section
10-2-103
.
351
(ii) If the results of the feasibility study under Subsection (5)(a)(i) meet the
352
requirements of Subsection
10-2-109
(3), the county legislative body shall grant the petition.
353
(iii) If the results of the feasibility study under Subsection (5)(a)(i) do not meet the
354
requirements of Subsection
10-2-109
(3), the county legislative body may:
355
(A) deny the petition;
356
(B) grant the petition; or
357
(C) with the consent of the petition sponsors, grant the petition, after:
358
(I) imposing conditions to mitigate the fiscal inequities identified in the feasibility
359
study; or
360
(II) altering the boundaries of the area proposed to be incorporated as a town to
361
approximate the boundaries necessary to meet the requirements of Subsection
10-2-109
(3).
362
(iv) Each town that incorporates pursuant to a petition granted after the county
363
legislative body imposes conditions under Subsection (5)(a)(iii)(C)(I) shall comply with those
364
conditions.
365
(b) The legislative body of each county of the second, third, fourth, fifth, or sixth class
366
with which a qualifying petition is filed shall grant the petition.
367
(6) (a) Upon the granting of a petition filed under this section, the legislative body of
368
the county in which the proposed town is located shall appoint a mayor and members of the
369
town council from a list of qualified individuals approved by the petition sponsors.
370
(b) The officers appointed under Subsection (6)(a) shall hold office until the next
371
regular municipal election and until their successors are elected and qualified.
372
(7) Each newly incorporated town shall operate under the six-member council form of
373
government as described in Section
10-3-101
.
374
(8) (a) Each mayor appointed under Subsection (6) shall, within [seven] 30 days of
375
appointment, [file articles of incorporation of the new town with the lieutenant governor]
376
record with the county recorder a notice of incorporation.
377
[(b) The articles of incorporation shall meet the requirements of Subsection
378
10-2-119
(2).]
379
(b) The notice in Subsection (8)(a) shall include:
380
(i) a retraceable plat as defined in Section
17-23-20
depicting the boundary of the
381
town;
382
(ii) all documents establishing the legality of or effectuating the incorporation; and
383
(iii) a statement signed by an attorney attesting that all legal requirements for the
384
incorporation have been met.
385
(c) In addition to the deadline in Subsection (8)(a), the tax deadlines in Section
386
59-2-924.5
apply.
387
(9) The county recorder shall comply with the requirements of Section
17-21-26
.
388
(10) The lieutenant governor shall comply with the requirements of Sections
10-2-302
389
and
67-1a-6.5
.
390
[(9)] (11) A town is incorporated upon the lieutenant governor's issuance of a
391
certificate of entity creation under Section
67-1a-6.5
.
392
[(10) The legislative body of the new town shall comply with the notice requirements
393
of Section
10-1-116
.]
394
Section 7.
Section
10-2-302
is amended to read:
395
10-2-302. Change of class of municipality.
396
(1) Each municipality shall retain its classification under Section
10-2-301
until
397
changed as provided in this section.
398
(2) The lieutenant governor shall:
399
(a) monitor the population figure for each municipality as shown on:
400
[(a)] (i) each official census or census estimate of the United States Bureau of the
401
Census; or
402
[(b)] (ii) if the population figure for a municipality is not available from the United
403
States Bureau of the Census, the population estimate from the Utah Population Estimates
404
Committee[.];
405
(b) determine a municipality's classification upon incorporation; and
406
(c) determine if a municipality's classification needs to be changed after a boundary
407
change as defined in Section
17-23-20
.
408
(3) If the applicable population figure under Subsection (2) indicates that a
409
municipality's population has increased beyond the limit for its current class, the lieutenant
410
governor shall:
411
(a) prepare a certificate indicating the class in which the municipality belongs based on
412
the increased population figure; and
413
(b) within ten days after preparing the certificate, deliver a copy of the certificate to the
414
legislative body of the municipality whose class has changed.
415
(4) (a) If the applicable population figure under Subsection (2) indicates that a
416
municipality's population has decreased below the limit for its current class, the legislative
417
body of the municipality may petition the lieutenant governor to prepare a certificate indicating
418
the class in which the municipality belongs based on the decreased population figure.
419
(b) Upon receipt of a petition under Subsection (4)(a), the lieutenant governor shall
420
prepare the certificate, and within ten days after preparing the certificate, deliver a copy of the
421
certificate to the legislative body of the municipality whose class has changed.
422
(5) A municipality's change in class is effective on the date of the lieutenant governor's
423
certificate under Subsection (3) or (4).
424
Section 8.
Section
10-2-418
is amended to read:
425
10-2-418. Annexation of an island or peninsula without a petition -- Notice --
426
Hearing.
427
(1) (a) Notwithstanding Subsection
10-2-402
(2), a municipality may annex an
428
unincorporated area under this section without an annexation petition if:
429
(i) (A) the area to be annexed consists of one or more unincorporated islands within or
430
unincorporated peninsulas contiguous to the municipality;
431
(B) the majority of each island or peninsula consists of residential or commercial
432
development;
433
(C) the area proposed for annexation requires the delivery of municipal-type services;
434
and
435
(D) the municipality has provided most or all of the municipal-type services to the area
436
for more than one year; or
437
(ii) (A) the area to be annexed consists of one or more unincorporated islands within or
438
unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
439
residents; and
440
(B) the municipality has provided one or more municipal-type services to the area for
441
at least one year.
442
(b) Notwithstanding Subsection
10-2-402
(1)(b)(iii), a municipality may annex a
443
portion of an island or peninsula under this section, leaving unincorporated the remainder of
444
the unincorporated island or peninsula, if:
445
(i) in adopting the resolution under Subsection (2)(a)(i), the municipal legislative body
446
determines that not annexing the entire unincorporated island or peninsula is in the
447
municipality's best interest; and
448
(ii) for an annexation of one or more unincorporated islands under Subsection
449
(1)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed,
450
complies with the requirement of Subsection (1)(a)(ii)(A) relating to the number of residents.
451
(2) (a) The legislative body of each municipality intending to annex an area under this
452
section shall:
453
(i) adopt a resolution indicating the municipal legislative body's intent to annex the
454
area, describing the area proposed to be annexed;
455
(ii) (A) publish notice at least once a week for three successive weeks in a newspaper
456
of general circulation within the municipality and the area proposed for annexation; or
457
(B) if there is no newspaper of general circulation in the areas described in Subsection
458
(2)(a)(ii)(A), post at least one notice per 1,000 population in places within those areas that are
459
most likely to give notice to the residents of those areas;
460
(iii) send written notice to the board of each local district and special service district
461
whose boundaries contain some or all of the area proposed for annexation and to the legislative
462
body of the county in which the area proposed for annexation is located; and
463
(iv) hold a public hearing on the proposed annexation no earlier than 30 days after the
464
adoption of the resolution under Subsection (2)(a)(i).
465
(b) Each notice under Subsections (2)(a)(ii) and (iii) shall:
466
(i) state that the municipal legislative body has adopted a resolution indicating its intent
467
to annex the area proposed for annexation;
468
(ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
469
(iii) [describe] include a preliminary map as defined in Section
17-23-20
depicting the
470
area proposed for annexation; and
471
(iv) except for an annexation that meets the property owner consent requirements of
472
Subsection (3)(b), state in conspicuous and plain terms that the municipal legislative body will
473
annex the area unless, at or before the public hearing under Subsection (2)(a)(iv), written
474
protests to the annexation are filed by the owners of private real property that:
475
(A) is located within the area proposed for annexation;
476
(B) covers a majority of the total private land area within the entire area proposed for
477
annexation; and
478
(C) is equal in value to at least 1/2 the value of all private real property within the
479
entire area proposed for annexation.
480
(c) The first publication of the notice required under Subsection (2)(a)(ii)(A) shall be
481
within 14 days of the municipal legislative body's adoption of a resolution under Subsection
482
(2)(a)(i).
483
(3) (a) Upon conclusion of the public hearing under Subsection (2)(a)(iv), the
484
municipal legislative body may adopt an ordinance annexing the area proposed for annexation
485
under this section unless, at or before the hearing, written protests to the annexation have been
486
filed with the city recorder or town clerk, as the case may be, by the owners of private real
487
property that:
488
(i) is located within the area proposed for annexation;
489
(ii) covers a majority of the total private land area within the entire area proposed for
490
annexation; and
491
(iii) is equal in value to at least 1/2 the value of all private real property within the
492
entire area proposed for annexation.
493
(b) [(i)] Upon conclusion of the public hearing under Subsection (2)(a)(iv), a
494
municipality may adopt an ordinance annexing the area proposed for annexation under this
495
section without allowing or considering protests under Subsection (3)(a) if the owners of at
496
least 75% of the total private land area within the entire area proposed for annexation,
497
representing at least 75% of the value of the private real property within the entire area
498
proposed for annexation, have consented in writing to the annexation.
499
[(ii) Upon adoption of an annexation ordinance under Subsection (3)(b)(i), the area
500
annexed shall be conclusively presumed to be validly annexed.]
501
(4) (a) If protests are timely filed that comply with Subsection (3), the municipal
502
legislative body may not adopt an ordinance annexing the area proposed for annexation, and
503
the annexation proceedings under this section shall be considered terminated.
504
(b) Subsection (4)(a) may not be construed to prohibit the municipal legislative body
505
from excluding from a proposed annexation under Subsection (1)(a)(ii) the property within an
506
unincorporated island regarding which protests have been filed and proceeding under
507
Subsection (1)(b) to annex some or all of the remaining portion of the unincorporated island.
508
(5) (a) Within 30 days after adopting an ordinance under Subsection (3)(b), the
509
municipal legislative body shall record with the county recorder a notice of annexation.
510
(b) The notice in Subsection (5)(a) shall include:
511
(i) a retraceable plat as defined in Section
17-23-20
depicting the boundaries of the
512
annexation;
513
(ii) the ordinance adopted under Subsection (3)(b); and
514
(iii) a statement signed by an attorney attesting that all legal requirements for the
515
annexation have been met.
516
(c) In addition to the deadline in Subsection (5)(a), the tax deadlines in Section
517
59-2-924.5
apply.
518
(6) The county recorder shall comply with the requirements of Section
17-21-26
.
519
(7) The lieutenant governor shall comply with the requirements of Sections
10-2-302
520
and
67-1a-6.5
.
521
(8) The annexation is effective upon the lieutenant governor certifying the annexation
522
under Section
67-1a-6.5
.
523
Section 9.
Section
10-2-419
is amended to read:
524
10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
525
(1) The legislative bodies of two or more municipalities having common boundaries
526
may adjust their common boundaries as provided in this section.
527
(2) (a) The legislative body of each municipality intending to adjust a boundary that is
528
common with another municipality shall:
529
(i) adopt a resolution indicating the intent of the municipal legislative body to adjust a
530
common boundary;
531
(ii) hold a public hearing on the proposed adjustment no less than 60 days after the
532
adoption of the resolution under Subsection (2)(a)(i); and
533
(iii) (A) publish notice at least once a week for three successive weeks in a newspaper
534
of general circulation within the municipality; or
535
(B) if there is no newspaper of general circulation within the municipality, post at least
536
one notice per 1,000 population in places within the municipality that are most likely to give
537
notice to residents of the municipality.
538
(b) The notice required under Subsection (2)(a)(iii) shall:
539
(i) state that the municipal legislative body has adopted a resolution indicating the
540
municipal legislative body's intent to adjust a boundary that the municipality has in common
541
with another municipality;
542
(ii) [describe] include a preliminary map as defined in Section
17-23-20
depicting the
543
area proposed to be adjusted;
544
(iii) state the date, time, and place of the public hearing required under Subsection
545
(2)(a)(ii);
546
(iv) state in conspicuous and plain terms that the municipal legislative body will adjust
547
the boundaries unless, at or before the public hearing under Subsection (2)(a)(ii), written
548
protests to the adjustment are filed by the owners of private real property that:
549
(A) is located within the area proposed for adjustment;
550
(B) covers at least 25% of the total private land area within the area proposed for
551
adjustment; and
552
(C) is equal in value to at least 15% of the value of all private real property within the
553
area proposed for adjustment; and
554
(v) state that the area that is the subject of the boundary adjustment will, because of the
555
boundary adjustment, be automatically annexed to a local district providing fire protection,
556
paramedic, and emergency services, as provided in Section
17B-1-416
, if:
557
(A) the municipality to which the area is being added because of the boundary
558
adjustment is entirely within the boundaries of a local district:
559
(I) that provides fire protection, paramedic, and emergency services; and
560
(II) in the creation of which an election was not required because of Subsection
561
17B-1-214
(3)(c); and
562
(B) the municipality from which the area is being taken because of the boundary
563
adjustment is not within the boundaries of the local district; and
564
(vi) state that the area proposed for annexation to the municipality will be
565
automatically withdrawn from a local district providing fire protection, paramedic, and
566
emergency services, as provided in Subsection
17B-1-502
(2), if:
567
(A) the municipality to which the area is being added because of the boundary
568
adjustment is not within the boundaries of a local district:
569
(I) that provides fire protection, paramedic, and emergency services; and
570
(II) in the creation of which an election was not required because of Subsection
571
17B-1-214
(3)(c); and
572
(B) the municipality from which the area is being taken because of the boundary
573
adjustment is entirely within the boundaries of the local district.
574
(c) The first publication of the notice required under Subsection (2)(a)(iii)(A) shall be
575
within 14 days of the municipal legislative body's adoption of a resolution under Subsection
576
(2)(a)(i).
577
(3) Upon conclusion of the public hearing under Subsection (2)(a)(ii), the municipal
578
legislative body may adopt an ordinance adjusting the common boundary unless, at or before
579
the hearing under Subsection (2)(a)(ii), written protests to the adjustment have been filed with
580
the city recorder or town clerk, as the case may be, by the owners of private real property that:
581
(a) is located within the area proposed for adjustment;
582
(b) covers at least 25% of the total private land area within the area proposed for
583
adjustment; and
584
(c) is equal in value to at least 15% of the value of all private real property within the
585
area proposed for adjustment.
586
(4) The municipal legislative body shall comply with the requirements of Section
587
10-2-425
as if the boundary [change] adjustment were an annexation.
588
(5) [An] The boundary adjustment for an ordinance adopted under Subsection (3)
589
becomes effective [when] after each municipality involved in the boundary adjustment has
590
adopted an ordinance under Subsection (3) and as determined under Subsection
591
10-2-425
[(5)](7) if the boundary change were an annexation.
592
Section 10.
Section
10-2-425
is amended to read:
593
10-2-425. Recording plat -- Notice requirements.
594
(1) Within 30 days after enacting an ordinance annexing an unincorporated area or
595
adjusting a boundary under this part, the municipal legislative body shall:
596
(a) send notice of the enactment to each affected entity;
597
[(b) file with the lieutenant governor:]
598
(b) record with the county recorder:
599
(i) a certified copy of the ordinance approving the annexation or boundary adjustment,
600
together with a [plat or map prepared by a licensed surveyor,] retraceable plat as defined in
601
Section
17-23-20
, and approved by the municipal legislative body, [and filed with the county
602
surveyor in accordance with Section
17-23-17
,] showing the new boundaries of the affected
603
area; and
604
[(ii) (A) if the municipality has articles of incorporation, amended articles of
605
incorporation reflecting the annexation or boundary adjustment, as provided in Section
606
10-1-117
; or]
607
[(B) if the municipality does not have articles of incorporation,]
608
(ii) written notice of the adoption of an annexation ordinance, accompanied by a copy
609
of the ordinance; and
610
(c) in accordance with Section
26-8a-414
, file the documents described in Subsection
611
(1)(b)(i) with the Department of Health.
612
(2) In addition to the deadline in Subsection (1), the tax deadlines in Section
613
59-2-924.5
apply.
614
(3) The county recorder shall comply with the requirements of Section
17-21-26
.
615
(4) The lieutenant governor shall comply with the requirements of Sections
10-2-302
616
and
67-1a-6.5
.
617
[(2)] (5) If an annexation or boundary adjustment under this part also causes an
618
automatic annexation to a local district under Section
17B-1-416
or an automatic withdrawal
619
from a local district under Subsection
17B-1-502
(2), the municipal legislative body shall, as
620
soon as practicable after enacting an ordinance annexing an unincorporated area or adjusting a
621
boundary, send notice of the annexation or boundary adjustment to the local district to which
622
the annexed area is automatically annexed or from which the annexed area is automatically
623
withdrawn.
624
[(3) The municipal legislative body shall comply with the notice requirements of
625
Section
10-1-116
.]
626
[(4)] (6) Each notice required under [Subsections] Subsection (1) [and (3)] relating to
627
an annexation shall state the effective date of the annexation, as determined under Subsection
628
[(5)] (7).
629
[(5)] (7) An annexation under this part is completed and takes effect:
630
(a) for the annexation of an area located in a county of the first class, except for an
631
annexation under Section
10-2-418
:
632
(i) July 1 following enactment of an ordinance annexing the unincorporated area if:
633
(A) the ordinance is adopted during the preceding November 1 through April 30; and
634
(B) the requirements of Subsection (1) are met before that July 1; or
635
(ii) January 1 following enactment of an ordinance annexing the unincorporated area if:
636
(A) the ordinance is adopted during the preceding May 1 through October 31; and
637
(B) the requirements of Subsection (1) are met before that January 1; and
638
(b) for all other annexations, the date of the lieutenant governor's issuance of[: (i) a
639
certification of amended articles under Subsection
10-1-117
(3), for an annexation by a
640
municipality that has articles of incorporation and filed with the lieutenant governor amended
641
articles of incorporation under Subsection (1)(a)(iii)(A); or (ii)] a certificate of annexation
642
under [Subsection (1)(b), for an annexation by a municipality that does not have articles of
643
incorporation and filed with the lieutenant governor a notice of adoption of an annexation
644
ordinance under Subsection (1)(a)(iii)(B)] Section
67-1a-6.5
.
645
Section 11.
Section
10-2-507
is amended to read:
646
10-2-507. Disconnection decree -- Filing of documents -- Notice requirements.
647
(1) [(a)] Upon entering a disconnection order, the court shall [file with the lieutenant
648
governor] record with the county recorder a certified copy of the order and a [transparent
649
reproducible copy of the map or plat] retraceable plat as defined in Section
17-23-20
.
650
[(b) The disconnection is effective upon the lieutenant governor's certification of the
651
disconnection order under Section
67-1a-6.5
.]
652
[(2) The municipality shall file amended articles of incorporation in the lieutenant
653
governor's office, as provided in Section
10-1-117
, and the county recorder's office within 30
654
days after, as the case may be:]
655
[(a)] (2) (a) A municipality that passes an ordinance approving disconnection under
656
Subsection
10-2-502.5
(4)(b) shall record with the county recorder a notice of disconnection
657
within 30 days after adoption of an ordinance approving disconnection under Subsection
658
10-2-502.5
(4)(b)[; or].
659
[(b) entry of a court order under Section
10-2-502.7
ordering disconnection.]
660
[(3) The amended articles of incorporation shall:]
661
[(a) describe the postdisconnection geography of the municipality; and]
662
[(b) specify the postdisconnection population of the municipality.]
663
(b) The notice in Subsection (2)(a) shall include:
664
(i) a retraceable plat as defined in Section
17-23-20
depicting the boundary of the
665
municipality after disconnection; and
666
(ii) the ordinance approving disconnection under Subsection
10-2-502.5
(4)(b).
667
(c) In addition to the deadline in Subsection (2)(a), the tax deadlines in Section
668
59-2-924.5
apply.
669
(3) The county recorder shall comply with the requirements of Section
17-21-26
.
670
(4) The lieutenant governor shall comply with the requirements of [Subsection
671
10-1-117
(3)] Sections
10-2-302
and
67-1a-6.5
.
672
(5) The disconnection is effective upon the lieutenant governor certifying the court
673
order under Subsection (1) or certifying the notice under Subsection (2), as the case may be.
674
[(5)] (6) Any cost incurred by the municipality in complying with this section may be
675
charged against the disconnected territory.
676
[(6) The legislative body of each municipality that has had territory disconnected shall
677
comply with the notice requirements of Section
10-1-116
.]
678
Section 12.
Section
10-2-610
is amended to read:
679
10-2-610. Consolidation -- Favorable vote at election -- Notice of results --
680
Publication -- Recording -- When incorporation complete -- Disincorporation of original
681
municipalities.
682
(1) The [commissioners of the] county [or counties] legislative body of each affected
683
county shall canvass the results of the election or elections in the same manner as for general
684
elections and shall certify the results of the election to the county clerk or clerks. [If]
685
(2) Upon receiving the election results under Subsection (1) and if a majority of the
686
ballots cast at the election on consolidation in each municipality are for consolidation, the
687
county clerk or clerks shall [immediately, on receiving notice of the results of the canvass
688
being filed in the proper office,]:
689
(a) give notice of the election result by publication in the same manner and for the
690
same time as provided in Section
10-2-608
; and [in the notice the county clerk or clerks shall
691
indicate to which class the consolidated municipality belongs. A]
692
(b) record with the county recorder:
693
(i) a copy of the notice with proper proof of its original publication [shall be filed with
694
the papers,]; and
695
(ii) a certified copy of all papers and record entries relating to the matter on file in the
696
county clerk's office [shall be filed in the office of the county recorder. The].
697
(3) (a) Within 30 days of the canvass of the election, the mayor of the consolidated
698
municipality shall [cause articles of consolidation to be filed in the office of the lieutenant
699
governor which shall contain the same information as is required in Subsection
10-2-119
(2)
700
together with] record with the county recorder a notice of consolidation.
701
(b) The notice in Subsection (3)(a) shall contain:
702
(i) a retraceable plat as defined in Section
17-23-20
depicting the boundary of the
703
consolidated municipality;
704
(ii) a provision stating that the municipality is a consolidation of two or more
705
municipalities [and];
706
(iii) the election results; and
707
(iv) the names of the municipalities which comprise the new municipality.
708
(c) In addition to the deadline in Subsection (3)(a), the tax deadlines in Section
709
59-2-924.5
apply.
710
(4) The county recorder shall comply with the requirements of Section
17-21-26
.
711
(5) The lieutenant governor shall comply with the requirements of Sections
10-2-302
712
and
67-1a-6.5
.
713
(6) Upon the lieutenant governor certifying the consolidation under Section
67-1a-6.5
,
714
the:
715
(a) consolidation becomes effective; and
716
(b) original municipalities involved in the consolidation are disincorporated.
717
Section 13.
Section
10-2-712
is amended to read:
718
10-2-712. Power of court -- Recording court order -- Effective date.
719
(1) The district court may:
720
(a) enforce compliance with any order issued to give effect to this part by proceedings
721
for contempt; and
722
(b) appoint any person to assist it in carrying out the provisions of this part.
723
[(2) (a) The district court shall file articles of dissolution with the lieutenant governor
724
on the dissolution of the municipality.]
725
(2) (a) Within 30 days after the issuance of a court order to dissolve a municipality, the
726
district court shall record with the county recorder the court order.
727
(b) The county recorder shall comply with the requirements of Section
17-21-26
.
728
(c) The lieutenant governor shall comply with the requirements of Sections
10-2-302
729
and
67-1a-6.5
.
730
[(b)] (d) Upon the lieutenant governor's certification of the articles of dissolution, the
731
municipality is dissolved under Section
67-1a-6.5
.
732
Section 14.
Section
10-6-111
is amended to read:
733
10-6-111. Tentative budget to be prepared -- Contents -- Estimate of expenditures
734
-- Budget message -- Review by governing body.
735
(1) On or before the first regularly scheduled meeting of the governing body in the last
736
May of the current period, the budget officer shall prepare for the ensuing fiscal period, on
737
forms provided by the state auditor, and file with the governing body, a tentative budget for
738
each fund for which a budget is required. The tentative budget of each fund shall set forth in
739
tabular form the following:
740
(a) Actual revenues and expenditures in the last completed fiscal period.
741
(b) Budget estimates for the current fiscal period.
742
(c) Actual revenues and expenditures for a period of 6 to 21 months, as appropriate, of
743
the current fiscal period.
744
(d) Estimated total revenues and expenditures for the current fiscal period.
745
(e) The budget officer's estimates of revenues and expenditures for the budget period,
746
computed in the following manner:
747
(i) The budget officer shall estimate, on the basis of demonstrated need, the
748
expenditures for the budget period after a review of the budget requests and estimates of the
749
department heads. Each department head shall be heard by the budget officer prior to making
750
of the final estimates, but the officer may revise any department's estimate as the officer
751
considers advisable for the purpose of presenting the budget to the governing body.
752
(ii) The budget officer shall estimate the amount of revenue available to serve the
753
needs of each fund, estimate the portion to be derived from all sources other than general
754
property taxes, and estimate the portion that must be derived from general property taxes.
755
From the latter estimate the officer shall compute and disclose in the budget the lowest rate of
756
property tax levy that will raise the required amount of revenue, calculating the levy upon the
757
latest taxable value.
758
(f) If the governing body elects, actual performance experience to the extent
759
established by Section
10-6-154
and available in work units, unit costs, man hours, or man
760
years for each budgeted fund on an actual basis for the last completed fiscal period, and
761
estimated for the current fiscal period and for the ensuing budget period.
762
(2) (a) Each tentative budget, when filed by the budget officer with the governing body,
763
shall contain the estimates of expenditures submitted by department heads, together with
764
specific work programs and such other supporting data as this chapter requires or the governing
765
body may request. Each city of the first or second class shall, and a city of the third, fourth, or
766
fifth class may, submit a supplementary estimate of all capital projects which each department
767
head believes should be undertaken within the next three succeeding years.
768
(b) Each tentative budget submitted by the budget officer to the governing body shall
769
be accompanied by a budget message, which shall explain the budget, contain an outline of the
770
proposed financial policies of the city for the budget period, and shall describe the important
771
features of the budgetary plan. It shall set forth the reasons for salient changes from the
772
previous fiscal period in appropriation and revenue items and shall explain any major changes
773
in financial policy.
774
(3) Each tentative budget shall be reviewed, considered, and tentatively adopted by the
775
governing body in any regular meeting or special meeting called for the purpose and may be
776
amended or revised in such manner as is considered advisable prior to public hearings, except
777
that no appropriation required for debt retirement and interest or reduction of any existing
778
deficits pursuant to Section
10-6-117
, or otherwise required by law or ordinance, may be
779
reduced below the minimums so required.
780
(4) (a) If the municipality is acting pursuant to Section
10-2-120
, the tentative budget
781
shall:
782
(i) be submitted to the governing body-elect as soon as practicable [after the filing of
783
the notice under Section
10-2-120
indicating the proposed date for filing the articles of
784
incorporation]; and
785
(ii) cover each fund for which a budget is required from the date of incorporation to the
786
end of the fiscal year.
787
(b) The governing body shall substantially comply with all other provisions of this act,
788
and the budget shall be passed upon incorporation.
789
Section 15.
Section
11-13-204
is amended to read:
790
11-13-204. Powers and duties of interlocal entities -- Additional powers of energy
791
services interlocal entities -- Length of term of agreement and interlocal entity --
792
Recording with county recorder -- Notice to lieutenant governor.
793
(1) (a) An interlocal entity:
794
(i) may:
795
(A) adopt, amend, and repeal rules, bylaws, policies, and procedures for the regulation
796
of its affairs and the conduct of its business;
797
(B) sue and be sued;
798
(C) have an official seal and alter that seal at will;
799
(D) make and execute contracts and other instruments necessary or convenient for the
800
performance of its duties and the exercise of its powers and functions;
801
(E) acquire real or personal property, or an undivided, fractional, or other interest in
802
real or personal property, necessary or convenient for the purposes contemplated in the
803
agreement creating the interlocal entity and sell, lease, or otherwise dispose of that property;
804
(F) directly or by contract with another:
805
(I) own and acquire facilities and improvements or an undivided, fractional, or other
806
interest in facilities and improvements;
807
(II) construct, operate, maintain, and repair facilities and improvements; and
808
(III) provide the services contemplated in the agreement creating the interlocal entity;
809
(G) borrow money, incur indebtedness, and issue revenue bonds, notes, or other
810
obligations and secure their payment by an assignment, pledge, or other conveyance of all or
811
any part of the revenues and receipts from the facilities, improvements, or services that the
812
interlocal entity provides;
813
(H) offer, issue, and sell warrants, options, or other rights related to the bonds, notes, or
814
other obligations issued by the interlocal entity; and
815
(I) sell or contract for the sale of the services, output, product, or other benefits
816
provided by the interlocal entity to:
817
(I) public agencies inside or outside the state; and
818
(II) with respect to any excess services, output, product, or benefits, any person on
819
terms that the interlocal entity considers to be in the best interest of the public agencies that are
820
parties to the agreement creating the interlocal entity; and
821
(ii) may not levy, assess, or collect ad valorem property taxes.
822
(b) An assignment, pledge, or other conveyance under Subsection (1)(a)(i)(G) may, to
823
the extent provided by the documents under which the assignment, pledge, or other conveyance
824
is made, rank prior in right to any other obligation except taxes or payments in lieu of taxes
825
payable to the state or its political subdivisions.
826
(2) An energy services interlocal entity:
827
(a) except with respect to any ownership interest it has in facilities providing additional
828
project capacity, is not subject to:
829
(i) Part 3, Project Entity Provisions; or
830
(ii) Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to
831
Pay Corporate Franchise or Income Tax Act; and
832
(b) may:
833
(i) own, acquire, and, by itself or by contract with another, construct, operate, and
834
maintain a facility or improvement for the generation, transmission, and transportation of
835
electric energy or related fuel supplies;
836
(ii) enter into a contract to obtain a supply of electric power and energy and ancillary
837
services, transmission, and transportation services, and supplies of natural gas and fuels
838
necessary for the operation of generation facilities;
839
(iii) enter into a contract with public agencies, investor-owned or cooperative utilities,
840
and others, whether located in or out of the state, for the sale of wholesale services provided by
841
the energy services interlocal entity; and
842
(iv) adopt and implement risk management policies and strategies and enter into
843
transactions and agreements to manage the risks associated with the purchase and sale of
844
energy, including forward purchase and sale contracts, hedging, tolling and swap agreements,
845
and other instruments.
846
(3) Notwithstanding Section
11-13-216
, an agreement [creating] to create an interlocal
847
entity or an amendment to that agreement may provide that the agreement may continue and
848
the interlocal entity may remain in existence until the latest to occur of:
849
(a) 50 years after the date of the agreement or amendment;
850
(b) five years after the interlocal entity has fully paid or otherwise discharged all of its
851
indebtedness;
852
(c) five years after the interlocal entity has abandoned, decommissioned, or conveyed
853
or transferred all of its interest in its facilities and improvements; or
854
(d) five years after the facilities and improvements of the interlocal entity are no longer
855
useful in providing the service, output, product, or other benefit of the facilities and
856
improvements, as determined under the agreement governing the sale of the service, output,
857
product, or other benefit.
858
(4) (a) The governing body of each party to the agreement to create an interlocal entity
859
under Section
11-13-203
shall, within 30 days of the date of the agreement, jointly [file] record
860
a written notice of the agreement with the [lieutenant governor] county recorder.
861
(b) Each written notice required under Subsection (4)(a) shall:
862
(i) be accompanied by:
863
(A) a copy of the agreement to create the interlocal entity; and
864
(B) if less than all of the territory of any Utah public agency that is a party to the
865
agreement is included within the interlocal entity, a [plat that delineates a metes and bounds
866
description of the area affected or a map of] retraceable plat as defined in Section
17-23-20
867
depicting the area affected; and
868
(ii) contain a certification by the governing body that all necessary legal requirements
869
relating to the creation have been completed.
870
(5) The county recorder shall comply with the requirements of Section
17-21-26
.
871
(6) The lieutenant governor shall comply with the requirements of Section
67-1a-6.5
.
872
[(5)] (7) Upon the lieutenant governor's issuance of a certificate of creation under
873
Section
67-1a-6.5
, the interlocal entity is created.
874
[(6)] (8) Nothing in this section may be construed as expanding the rights of any
875
municipality or interlocal entity to sell or provide retail service.
876
Section 16.
Section
11-13-205
is amended to read:
877
11-13-205. Agreement by public agencies to create a new entity to own sewage
878
and wastewater facilities -- Powers and duties of new entities -- Validation of previously
879
created entities -- Recording with county recorder -- Notice to lieutenant governor.
880
(1) It is declared that the policy of the state is to assure the health, safety, and welfare
881
of its citizens, that adequate sewage and wastewater treatment plants and facilities are essential
882
to the well-being of the citizens of the state and that the acquisition of adequate sewage and
883
wastewater treatment plants and facilities on a regional basis in accordance with federal law
884
and state and federal water quality standards and effluent standards in order to provide services
885
to public agencies is a matter of statewide concern and is in the public interest. It is found and
886
declared that there is a statewide need to provide for regional sewage and wastewater treatment
887
plants and facilities, and as a matter of express legislative determination it is declared that the
888
compelling need of the state for construction of regional sewage and wastewater treatment
889
plants and facilities requires the creation of entities under the Interlocal Cooperation Act to
890
own, construct, operate, and finance sewage and wastewater treatment plants and facilities; and
891
it is the purpose of this law to provide for the accomplishment thereof in the manner provided
892
in this section.
893
(2) Any two or more public agencies of the state may [also agree] enter into an
894
agreement to create a separate legal or administrative entity to accomplish and undertake the
895
purpose of owning, acquiring, constructing, financing, operating, maintaining, and repairing
896
regional sewage and wastewater treatment plants and facilities.
897
(3) A separate legal or administrative entity created [in the manner provided herein] is
898
[considered to be] a political subdivision and body politic and corporate of the state with power
899
to carry out and effectuate its corporate powers, including, but not limited to, the power:
900
(a) to adopt, amend, and repeal rules, bylaws, and regulations, policies, and procedures
901
for the regulation of its affairs and the conduct of its business, to sue and be sued in its own
902
name, to have an official seal and power to alter that seal at will, and to make and execute
903
contracts and all other instruments necessary or convenient for the performance of its duties
904
and the exercise of its powers and functions under the Interlocal Cooperation Act;
905
(b) to own, acquire, construct, operate, maintain, repair, or cause to be constructed,
906
operated, maintained, and repaired one or more regional sewage and wastewater treatment
907
plants and facilities, all as shall be set forth in the agreement providing for its creation;
908
(c) to borrow money, incur indebtedness and issue revenue bonds, notes or other
909
obligations payable solely from the revenues and receipts derived from all or a portion of the
910
regional sewage and wastewater treatment plants and facilities which it owns, operates, and
911
maintains, such bonds, notes, or other obligations to be issued and sold in compliance with the
912
provisions of Title 11, Chapter 14, Local Government Bonding Act;
913
(d) to enter into agreements with public agencies and other parties and entities to
914
provide sewage and wastewater treatment services on such terms and conditions as it considers
915
to be in the best interests of its participants; and
916
(e) to acquire by purchase or by exercise of the power of eminent domain, any real or
917
personal property in connection with the acquisition and construction of any sewage and
918
wastewater treatment plant and all related facilities and rights-of-way which it owns, operates,
919
and maintains.
920
(4) The provisions of Part 3, Project Entity Provisions, do not apply to a legal or
921
administrative entity created for regional sewage and wastewater treatment purposes under this
922
section.
923
(5) All proceedings previously had in connection with the creation of any legal or
924
administrative entity pursuant to this chapter, and all proceedings previously had by any such
925
entity for the authorization and issuance of bonds of the entity are validated, ratified, and
926
confirmed; and these entities are declared to be validly created interlocal cooperation entities
927
under this chapter. These bonds, whether previously or subsequently issued pursuant to these
928
proceedings, are validated, ratified, and confirmed and declared to constitute, if previously
929
issued, or when issued, the valid and legally binding obligations of the entity in accordance
930
with their terms. Nothing in this section shall be construed to affect or validate any bonds, or
931
the organization of any entity, the legality of which is being contested at the time this act takes
932
effect.
933
(6) (a) The governing body of each party to the agreement to create an entity under this
934
section shall, within 30 days of the date of the agreement, jointly [file] record a written notice
935
of the agreement with the [lieutenant governor] county recorder.
936
(b) Each written notice required under Subsection (6)(a) shall:
937
(i) be accompanied by:
938
(A) a copy of the agreement to create the entity; and
939
(B) a [map or plat that delineates a metes and bounds description of] retraceable plat as
940
defined in Section
17-23-20
depicting the area affected; and
941
(ii) contain a certification by the governing body that all necessary legal requirements
942
relating to the creation have been completed.
943
(7) Upon the lieutenant governor's issuance of a certificate of entity creation under
944
Section
67-1a-6.5
, the entity is created.
945
Section 17.
Section
17-2-1
is amended to read:
946
17-2-1. Annexation of entire county to adjacent county -- Petition -- Election --
947
Ballots.
948
[Whenever a]
949
(1) As used in Sections
17-2-1
through
17-2-5
:
950
(a) "Annexation" means the combining of two or more entire counties into a single
951
county so that the boundary of the combined county contains all of the territory of the counties
952
being combined, but no additional territory.
953
(b) "Annexing county" means the county to which the county annexed is to be joined.
954
(c) "County annexed" and "county to be annexed" means the county which is to be
955
joined to the adjacent annexing county.
956
(2) A majority of the legal voters of [any] a county [desire to have the territory
957
included within the boundaries of such county annexed to an adjoining county they] may
958
petition the county legislative body of the county in which they reside, which is [hereafter
959
referred to as] the county to be annexed, [as well as] and the county legislative body of the
960
county to which they desire to be annexed, which [shall hereafter be referred to as] is the
961
annexing county. [Such petition must]
962
(3) (a) The petition shall be presented to each county clerk before the first Monday in
963
June of any year[, and, if].
964
(b) If the petition is presented in a year during which a general election is held, the
965
county legislative body [must cause said proposition to be submitted] of each affected county
966
shall submit the proposition to the legal voters of [each of said counties] the county at the
967
[ensuing] next general election.
968
(c) If the petition is presented during a year in which there is no general election, the
969
county legislative body [must] of each affected county shall call a special election to be held on
970
the first Tuesday after the first Monday in November following the presentation of [such] the
971
petition, and [must cause] shall place the proposition [to be submitted] to the legal voters of the
972
respective counties on that day.
973
(d) (i) Except as otherwise provided, [such] the election shall be held, the results
974
canvassed, and returns made under the provisions of the general election laws of the state.
975
(ii) The ballot [to be used] shall be:
976
For annexing ____ county to ____ county.
977
Against annexing ____ county to ____ county.
978
Section 18.
Section
17-2-2
is amended to read:
979
17-2-2. Annexation of entire county to adjacent county -- Election returns
980
transmitted to lieutenant governor.
981
As soon as the returns of the vote upon [such] the proposition in Section
17-2-1
have
982
been canvassed by the county boards of canvassers each county clerk must make a certified
983
abstract [thereof], seal up [such] the abstract, endorse it "election returns," and without delay
984
transmit it by registered mail to the lieutenant governor.
985
Section 19.
Section
17-2-3
is amended to read:
986
17-2-3. Annexation of entire county to adjacent county -- Certification of election
987
result to governor.
988
(1) The county clerk shall file with the lieutenant governor the certified abstract of
989
[such returns must be filed in the office of the lieutenant governor, and, if it appears therefrom
990
that] the returns from Section
17-2-2
.
991
(2) If a majority of the voters in each of the counties [have] voted in favor of [such] the
992
annexation, the lieutenant governor [must] shall certify the result of [such] the vote to the
993
governor.
994
Section 20.
Section
17-2-4
is amended to read:
995
17-2-4. Annexation of entire county to adjacent county -- When annexation
996
effective -- Governor's proclamation -- Recording with county recorder -- Notice to
997
lieutenant governor -- Effective date.
998
(1) Upon receipt of the election result from the lieutenant governor under Section
999
17-2-3
, the governor shall issue a proclamation, stating the result of the vote in each of the
1000
counties, and that the annexation of the one county to the other will take effect as provided in
1001
Subsection (3).
1002
(2) (a) Within 30 days after the issuance of the governor's proclamation under
1003
Subsection (1), the legislative body of the annexing county shall [send a notice to the lieutenant
1004
governor] record with the county recorder a notice of annexation.
1005
(b) Each notice under Subsection (2)(a) shall include:
1006
(i) a copy of the governor's proclamation;
1007
(ii) a certification that all necessary legal requirements relating to the annexation have
1008
been completed; and
1009
(iii) a [map or plat that delineates an accurate metes and bounds description of]
1010
retraceable plat as defined in Section
17-23-20
depicting the annexing county following
1011
annexation.
1012
(3) An annexation approved at an election under Section
17-2-1
takes effect on January
1013
1 of the year immediately following issuance of the:
1014
(a) governor's proclamation; and
1015
(b) certificate of consolidation by the lieutenant governor under Section
67-1a-6.5
.
1016
Section 21.
Section
17-2-5
is amended to read:
1017
17-2-5. Annexation of entire county to adjacent county -- Conditions of
1018
annexation.
1019
[Whenever] If a majority of the legal voters of each of the counties to which the
1020
proposition under Section
17-2-1
is submitted vote in favor of annexing one county to another
1021
[in the manner provided in this chapter such], the annexation shall be made under the following
1022
conditions:
1023
(1) [Such] The annexation shall be complete and take effect on the [first Monday of
1024
January following the day of the election at which such proposition was submitted] date
1025
specified in Section
17-2-4
.
1026
(2) All territory [theretofore included] within the boundaries of the county annexed
1027
shall become the territory of the annexing county.
1028
(3) The precincts and school districts existing in the county annexed shall continue and
1029
become precincts and school districts in the annexing county and shall remain as then
1030
organized until changed in the manner provided by law, and the officers of such precincts and
1031
school districts shall hold their respective offices until the expiration of the terms [thereof].
1032
(4) All property, both real and personal, held and owned by the county annexed shall
1033
be vested in the annexing county.
1034
(5) The terms of all county officers in the county annexed shall terminate and cease on
1035
the day the annexation takes effect, and it is made the duty of [such] the officers to immediately
1036
deliver to the corresponding officers of the annexing county all books, records and papers of
1037
the [annexed] county annexed.
1038
(6) Any person who is confined under lawful commitment in the county jail of the
1039
county annexed, or otherwise lawfully held to answer for alleged violation of any of the
1040
criminal laws of this state, shall be immediately delivered to the sheriff of the annexing county,
1041
and [such] the person shall be confined in its county jail for the unexpired term of the sentence
1042
or held as specified in the commitment.
1043
(7) All criminal proceedings pending in the county annexed shall be prosecuted to
1044
judgment and execution in the annexing county; all offenses [theretofore] committed in the
1045
county annexed which shall not have been prosecuted shall be prosecuted in the annexing
1046
county.
1047
(8) All actions, proceedings and matters pending in the district court of the county
1048
annexed may be proceeded with in the district court of the annexing county.
1049
(9) All indebtedness of the county annexed shall be transferred to and become the
1050
indebtedness of the annexing county with the same effect as if it had been incurred by [such]
1051
the county.
1052
Section 22.
Section
17-2-9
is amended to read:
1053
17-2-9. Annexation of part of county -- Governor's proclamation -- Recording
1054
with county recorder -- Notice to lieutenant governor -- When annexation effective.
1055
(1) Upon receipt of the lieutenant governor's certification under Section
17-2-8
, the
1056
governor shall issue a proclamation, stating the result of the vote in each county, and that the
1057
annexation of the territory to the annexing county will take effect as provided in Subsection (3).
1058
(2) (a) Within 30 days after the issuance of the governor's proclamation under
1059
Subsection (1), the legislative body of the annexing county shall send a notice to the [lieutenant
1060
governor] county recorder.
1061
(b) Each notice under Subsection (2)(a) shall include:
1062
(i) a copy of the governor's proclamation;
1063
(ii) a certification that all necessary legal requirements relating to the annexation have
1064
been completed; and
1065
(iii) a [map or plat that delineates an accurate metes and bounds description of]
1066
retraceable plat as defined in Section
17-23-20
depicting the area that was annexed.
1067
(3) The county recorder shall comply with the requirements of Section
17-21-26
.
1068
(4) The lieutenant governor shall comply with the requirements of Sections
17-50-502
1069
and
67-1a-6.5
.
1070
[(3)] (5) An annexation approved at an election under Section
17-2-6
takes effect on
1071
January 1 of the year immediately following issuance of the:
1072
(a) governor's proclamation; and
1073
(b) certificate of boundary change by the lieutenant governor under Section
67-1a-6.5
.
1074
Section 23.
Section
17-2-13
is amended to read:
1075
17-2-13. Minor adjustments to county boundaries authorized -- Public hearing --
1076
Joint resolution of county legislative bodies -- Notice to lieutenant governor.
1077
(1) Counties sharing a common boundary may, in accordance with the provisions of
1078
Subsection (2) and Article XI, Section 3, of the Utah Constitution, adjust all or part of the
1079
common boundary to move it up to 1,000 feet from its location before the adjustment.
1080
(2) The legislative bodies of both counties desiring to adjust a common boundary in
1081
accordance with Subsection (1) shall:
1082
(a) hold a joint public hearing on the proposed boundary adjustment;
1083
(b) in addition to the regular notice required for public meetings of the county
1084
legislative bodies, mail written notice to all real property owners of record whose property may
1085
change counties as the result of the proposed adjustment; and
1086
(c) adopt a joint resolution approved by both county legislative bodies which:
1087
(i) approves the proposed boundary adjustment;
1088
(ii) [sets forth the legal description of] includes a retraceable plat as defined in Section
1089
17-23-20
depicting the county boundary after the adjustment; and
1090
(iii) provides an effective date for the boundary adjustment.
1091
(3) (a) Within [15] 30 days after the adoption of a joint resolution under Subsection
1092
(2)(c) by both counties, the legislative bodies shall jointly [send] record a notice [to the
1093
lieutenant governor] with the county recorder of each county whose boundary was changed.
1094
(b) Each notice under Subsection (3)(a) shall include:
1095
(i) a copy of the joint resolution under Subsection (2)(c);
1096
(ii) a certification that all necessary legal requirements relating to the boundary
1097
adjustment have been completed; and
1098
(iii) a [map or plat, verified by the county surveyor, and filed with the county surveyor
1099
in accordance with Section
17-23-17
, that delineates an accurate metes and bounds description
1100
of] retraceable plat as defined in Section
17-23-20
depicting the boundary adjustment.
1101
(4) The county recorder of each county whose boundary was changed shall comply
1102
with the requirements of Section
17-21-26
.
1103
(5) The lieutenant governor shall comply with the requirements of Section
67-1a-6.5
.
1104
[(4)] (6) Upon the effective date [of] specified in the joint resolution under Subsection
1105
(2)(c) or the date the lieutenant governor issues the certificate of boundary change under
1106
Section
67-1a-6.5
, whichever date is later, all territory designated to be annexed into another
1107
county shall become the territory of the annexing county and the provisions of Sections
1108
17-2-11
and
17-2-12
shall apply in the same manner as with any [other annexations]
1109
annexation under this chapter.
1110
Section 24.
Section
17-3-3
is amended to read:
1111
17-3-3. Certification of returns -- Governor's proclamation of creation of new
1112
county -- Name -- Judicial district -- Recording with county recorder -- Notice to
1113
lieutenant governor.
1114
(1) The certified abstract of returns under Section
17-3-2
shall be filed in the office of
1115
the lieutenant governor, who shall certify the result to the governor.
1116
(2) If it appears that any proposition submitted to the electors as provided in this
1117
chapter has been carried in the affirmative by a majority vote of the qualified electors residing
1118
in that portion of the county proposed as a new county, and also by a majority vote of the
1119
qualified electors residing in the remaining portion of that county, the governor shall issue a
1120
proclamation, stating:
1121
(a) the result of the vote in each division of the county;
1122
(b) the name and boundaries of the new county;
1123
(c) the boundaries of the original county as changed by the creation of the new county;
1124
(d) that the creation of the new county will take effect on the first Monday in January
1125
following;
1126
(e) the name proposed in the petition as the name of the new county; and
1127
(f) the judicial district to which the new county belongs.
1128
(3) (a) Within 30 days after the issuance of the governor's proclamation under
1129
Subsection (2), the legislative [body of the county from which the greatest portion of the new
1130
county was taken shall send a notice to the lieutenant governor] bodies shall jointly record a
1131
notice with the county recorder.
1132
(b) Each notice under Subsection (3)(a) shall include:
1133
(i) a copy of the governor's proclamation;
1134
(ii) a certification that all necessary legal requirements relating to the creation of the
1135
new county have been completed; and
1136
(iii) a [map or plat that delineates an accurate metes and bounds description]
1137
retraceable plat as defined in Section
17-23-20
depicting the boundary of the new county and
1138
each county whose boundary was changed.
1139
(4) The county recorder shall comply with the requirements of Section
17-21-26
.
1140
(5) The lieutenant governor shall comply with the requirements of Sections
17-50-502
1141
and
67-1a-6.5
.
1142
[(4)] (6) The new county that is the subject of the governor's proclamation under
1143
Subsection (2) shall be a county of the state from and after 12 noon of the first Monday in
1144
January following the [issuance of the governor's proclamation] lieutenant governor certifying
1145
the creation under Section
67-1a-6.5
.
1146
Section 25.
Section
17-21-26
is enacted to read:
1147
17-21-26. Recording a government boundary change -- Governmental entity name
1148
change.
1149
(1) As used in this section:
1150
(a) "Boundary change notice" means the notice and accompanying documents the
1151
county recorder receives regarding a boundary change:
1152
(i) pursuant to Subsection
10-2-119
(1),
10-2-125
(8),
11-13-204
(4),
11-13-205
(6),
1153
17A-2-1311
(2),
17B-1-215
(1),
17C-1-201
(2), or
53A-2-101.5
(1) for an entity's pending
1154
creation;
1155
(ii) pursuant to Subsection
10-2-712
(2),
17A-2-1329
(3),
17B-1-1308
(4),
1156
17C-1-701
(2)(a), or
53A-2-101.5
(1) for an entity's pending dissolution;
1157
(iii) pursuant to Subsection
10-2-610
(3),
17-2-4
(2),
17-50-104
(3), or
53A-2-101.5
(1)
1158
for an entity's pending consolidation;
1159
(iv) pursuant to Subsection
17-3-3
(3),
17-50-104
(3), or
53A-2-101.5
(1) for an entity's
1160
pending division;
1161
(v) pursuant to Subsection
10-2-418
(5),
10-2-425
(1),
17A-2-1327
(4),
17B-1-414
(2), or
1162
53A-2-101.5
(1) for an entity's pending annexation;
1163
(vi) pursuant to Subsection
10-2-507
(1),
10-2-507
(2),
17B-1-512
(1), or
1164
53A-2-101.5
(1) for an entity's pending withdrawal;
1165
(vii) pursuant to Section
17-50-105
or Subsection
10-2-419
(4),
17-2-13
(3),
1166
17-50-104
(3),
17B-1-417
(6), or
53A-2-101.5
(1) for an entity's pending boundary adjustment;
1167
and
1168
(viii) pursuant to Section
17-50-105
for a boundary clarification.
1169
(b) "County recorder" means the county recorder of each county which contains any
1170
part of the area affected by the boundary change in the boundary change notice.
1171
(c) "Entity" means a political subdivision of the state.
1172
(d) (i) "Initiating body" means the county legislative body, municipal legislative body,
1173
local district or special service district board, court, public official, or other authorized person
1174
that initiates the boundary change, boundary clarification, or name change of an entity or
1175
entities.
1176
(ii) "Initiating body" includes the affected county surveyors and the independent county
1177
surveyor as defined in Section
17-50-105
when resolving disputed or uncertain boundaries
1178
under Section
17-50-105
.
1179
(e) "Name change notice" means the notice the county recorder receives regarding a
1180
governmental entity's name change pursuant to Section
10-1-118
or
17C-1-201
for an entity's
1181
pending name change.
1182
(2) Except in the case of a dissolution, a county recorder may not record a boundary
1183
change notice unless the accompanying plat has been signed by the county surveyor attesting
1184
that the plat complies with the requirements under Section
17-23-20
for a retraceable plat.
1185
(3) Within 30 days after receiving a boundary change notice, the county recorder shall:
1186
(a) review the boundary change notice for accuracy; and
1187
(b) (i) send to the lieutenant governor a copy of the boundary change notice; or
1188
(ii) if the initiating body requests, send to the lieutenant governor a copy of the
1189
boundary change by way of the initiating body.
1190
(4) (a) Within five days after receiving a certificate from the lieutenant governor
1191
pursuant to Section
67-1a-6.5
, the county recorder shall record the certificate and the boundary
1192
change notice reflecting the boundary change.
1193
(b) The county recorder may record the boundary change notice prior to receiving the
1194
certificate reflecting the boundary change from the lieutenant governor if the county recorder
1195
records:
1196
(i) with the boundary change notice, a document stating that the boundary change is
1197
effective on the date the lieutenant governor issues the certificate or as otherwise specified in
1198
statute and is not effective on the date of recording; and
1199
(ii) the certificate reflecting the boundary change upon receipt.
1200
(5) Within 15 days after recording a name change notice, the county recorder shall send
1201
to the lieutenant governor a recorded copy of the name change notice.
1202
Section 26.
Section
17-23-20
is enacted to read:
1203
17-23-20. Accuracy of boundary information in government boundary changes.
1204
(1) As used in this section:
1205
(a) "Annexation" means the adjustment of the boundary of an entity so that the
1206
adjustment gains territory and does not lose territory.
1207
(b) "Boundary adjustment" means the adjustment of the common boundary between
1208
two adjacent entities of the same type.
1209
(c) (i) "Boundary change" means any change in the boundary of an entity whether
1210
through creation, dissolution, consolidation, division, annexation, withdrawal, boundary
1211
adjustment, or any other change in the location of the entity's boundary.
1212
(ii) "Boundary change" does not include a boundary clarification.
1213
(d) "Boundary clarification" means the establishment of the true boundary when the
1214
boundary is disputed or uncertain.
1215
(e) "Consolidation" means the combining of two or more entities of the same type into
1216
a single entity so that the consolidated entity's boundary contains all of the territory of the
1217
original entities, but no additional territory.
1218
(f) "Creation" means the formation of a new entity that did not previously exist.
1219
(g) "Dissolution" means the termination of the existence of an entity.
1220
(h) "Division" means the dividing of one entity into two or more entities so that the
1221
boundary of the original entity contains all of the territory of the resultant entities, but no
1222
additional territory.
1223
(i) "Entity" means the governmental entity that is the subject of the boundary change or
1224
boundary clarification.
1225
(j) "Entity of the same type" or "entities of the same type" means a:
1226
(i) county, if the entity is a county;
1227
(ii) municipality, if the entity is a municipality;
1228
(iii) local district, if the entity is a local district;
1229
(iv) special service district, if the entity is a special service district; or
1230
(v) school district, if the entity is a school district.
1231
(k) "Preliminary map" means a map that:
1232
(i) has been prepared to show a proposed boundary change; and
1233
(ii) complies with the requirements of Subsection (5).
1234
(l) "Retraceable plat" means a plat:
1235
(i) with complete and accurate information that the:
1236
(A) county surveyor, should a dispute arise, could use to establish on the ground the
1237
boundary change; and
1238
(B) county recorder could use to identify the tracts or parcels affected for tax purposes;
1239
and
1240
(ii) that complies with the requirements of Subsection (4).
1241
(m) "Withdrawal" means the adjustment of the boundary of an entity so that the
1242
adjustment loses territory and does not gain territory.
1243
(2) The accuracy of the boundary information for a notice and petition of a boundary
1244
change shall meet the standard of a preliminary map.
1245
(3) The accuracy of the boundary information for a boundary change or boundary
1246
clarification when recorded with the county recorder shall meet the standard of a retraceable
1247
plat.
1248
(4) A preliminary map shall:
1249
(a) show graphically the general boundaries of the proposed boundary change; and
1250
(b) be accurate enough so that a signer of a petition, a voter in an election, and the
1251
county clerk could definitively determine which properties are included and which properties
1252
are excluded from the proposed boundary change.
1253
(5) A retraceable plat shall:
1254
(a) be named according to the county recorder's approval of the name so that the name
1255
of the boundary change is unique enough to be easily distinguished from other boundary
1256
changes;
1257
(b) be created on material of a permanent nature on stable base, reproducible material
1258
of the sizes and type required by the county recorder;
1259
(c) graphically illustrate the boundary change;
1260
(d) be drawn to a convenient scale so that all data is legible;
1261
(e) be certified and signed by a professional land surveyor licensed under Title 58,
1262
Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act;
1263
(f) be reviewed and signed by the county surveyor;
1264
(g) be reviewed and signed by an attorney attesting that all legal requirements have
1265
been met;
1266
(h) be reviewed and signed by the entity's governing body; and
1267
(i) contain:
1268
(i) a description of the property that identifies the boundary change sufficient for
1269
retractment;
1270
(ii) ties to two existing government monuments with each monument depicting:
1271
(A) the type or construction of the monument;
1272
(B) if known or shown on the monument, the date stamped on the monument; and
1273
(C) if known or shown on the monument, the agency responsible for installing the
1274
monument;
1275
(iii) for existing entities, the existing boundary of the entity clearly shown;
1276
(iv) for each entity of the same type with a boundary contiguous to the boundary
1277
change, the county recorder's recording information for the contiguous boundary;
1278
(v) for each parcel adjacent to the boundary of the boundary change, whether inside or
1279
outside of the entity, the:
1280
(A) current county tax serial number;
1281
(B) parcel owner's name; and
1282
(C) parcel address, if available;
1283
(vi) the name of the entity;
1284
(vii) the general location by quarter section;
1285
(viii) the name of the county or the names of the counties if the entity is located in
1286
more than one county;
1287
(ix) the date of the survey;
1288
(x) a north arrow and legend;
1289
(xi) the area of the boundary change;
1290
(xii) a signature block for documenting the:
1291
(A) county surveyor's approval;
1292
(B) entity's attorney's approval; and
1293
(C) entity's governing body's approval of the boundary change; and
1294
(xiii) a three inch by three inch block in the lower right hand corner for the county
1295
recorder's use when recording the plat.
1296
(6) The boundary of a boundary change may not split a parcel.
1297
Section 27.
Section
17-50-104
is amended to read:
1298
17-50-104. Counties of the state -- County boundaries maintained by lieutenant
1299
governor -- Notice of county boundary changes.
1300
(1) The counties of the state are those whose geographic boundaries are described in
1301
the official county boundary records maintained by the office of the lieutenant governor and
1302
may be changed only in accordance with the provisions of this title.
1303
(2) The office of the lieutenant governor shall maintain the official county boundaries
1304
for the counties of the state and update those boundaries when notified of a change in county
1305
boundaries in accordance with Subsection (3).
1306
(3) Whenever any change is made to county boundaries under this title, the legislative
1307
bodies of the affected counties shall [provide], within 30 days of the date of the change, jointly
1308
record, with the county recorder of each county whose boundary was changed, a notice of the
1309
change, including [an accurate map or plat of] a retraceable plat as defined in Section
17-23-20
1310
depicting the changed county boundaries[, to the lieutenant governor].
1311
(4) The county recorder shall comply with the requirements of Section
17-21-26
.
1312
(5) The lieutenant governor shall comply with the requirements of Sections
17-50-502
1313
and
67-1a-6.5
.
1314
(6) The boundary change is effective upon the lieutenant governor certifying the
1315
boundary change under Section
67-1a-6.5
.
1316
Section 28.
Section
17-50-105
is amended to read:
1317
17-50-105. Disputed boundaries.
1318
(1) As used in this section "independent county surveyor" means a county surveyor
1319
elected in accordance with Subsection
17-23-1
(1)(a), whose county is unaffected by the
1320
disputed or uncertain boundary, and is selected by the affected county surveyors.
1321
[(1)] (2) (a) If a dispute or uncertainty arises as to the true location of a county
1322
boundary as described in the official records maintained by the office of the lieutenant
1323
governor, the county surveyors of each county whose boundary is the subject of the dispute or
1324
uncertainty [may determine] shall resurvey the true location.
1325
(b) If agreement is reached under Subsection (1)(a), the county [surveyors shall
1326
provide] surveyor of each affected county shall record with the county recorder a notice,
1327
accompanied by a [map, to the lieutenant governor] retraceable plat as defined in Section
1328
17-23-20
showing the true location of the county boundary.
1329
[(2)] (3) (a) If the county surveyors fail to agree on or otherwise fail to establish the
1330
true location of the county boundary, the county executive of either or both of the affected
1331
counties shall engage the services of [the state engineer] an independent county surveyor.
1332
(b) After being engaged under Subsection [(2)] (3)(a), the [state engineer] independent
1333
county surveyor shall notify the surveyor of each county whose boundary is the subject of the
1334
dispute or uncertainty of the procedure the [state engineer] independent county surveyor will
1335
use to determine the true location of the boundary.
1336
(c) With the assistance of each surveyor who chooses to participate, the [state engineer]
1337
independent county surveyor shall determine permanently the true location of the boundary by
1338
marking surveys and erecting suitable monuments to designate the boundary.
1339
(d) Each boundary established under this Subsection [(2)] (3) shall be considered
1340
permanent until superseded by legislative enactment.
1341
(e) The [state engineer shall provide] independent county surveyor shall record with
1342
the county recorder of each affected county a notice, accompanied by a [map, to the lieutenant
1343
governor] retraceable plat as defined in Section
17-23-20
showing the true location of the
1344
county boundary.
1345
[(3)] (4) Nothing in this section may be construed to give [the] a county [surveyors or
1346
state engineer] surveyor or an independent county surveyor any authority to change, alter,
1347
relocate, or amend a county boundary other than to erect suitable monuments to designate
1348
county boundaries as they are described in the official records maintained by the office of the
1349
lieutenant governor.
1350
(5) The county recorder shall comply with the requirements of Section
17-21-26
.
1351
(6) The lieutenant governor shall comply with the requirements of Section
67-1a-6.5
.
1352
(7) The boundary clarification is effective upon the lieutenant governor certifying the
1353
boundary clarification under Section
67-1a-6.5
.
1354
Section 29.
Section
17-50-502
is amended to read:
1355
17-50-502. Change of class of county.
1356
(1) Each county shall retain its classification under Section
17-50-501
until changed as
1357
provided in this section.
1358
(2) The lieutenant governor shall:
1359
(a) monitor the population figure for each county as shown on:
1360
[(a)] (i) each official census or census estimate of the United States Bureau of the
1361
Census; or
1362
[(b)] (ii) if the population figure for a county is not available from the United States
1363
Bureau of the Census, the population estimate from the Utah Population Estimates
1364
Committee[.]; and
1365
(b) determine if a county's classification needs to be changed after a boundary change
1366
under Section
17-2-4
,
17-2-9
, or
17-2-13
.
1367
(3) If the applicable population figure under Subsection (2) indicates that a county's
1368
population has increased beyond the limit for its current class, the lieutenant governor shall:
1369
(a) prepare a certificate indicating the class in which the county belongs based on the
1370
increased population figure; and
1371
(b) within ten days after preparing the certificate, deliver a copy of the certificate to the
1372
legislative body and, if the county has an executive that is separate from the legislative body,
1373
the executive of the county whose class was changed.
1374
(4) A county's change in class is effective on the date of the lieutenant governor's
1375
certificate under Subsection (3).
1376
Section 30.
Section
17A-2-1311
is amended to read:
1377
17A-2-1311. Adoption of resolution -- Notice to lieutenant governor -- Judicial
1378
review.
1379
(1) (a) After conclusion of the hearing, and after the time for filing protests as provided
1380
in Section
17A-2-1309
has expired, the governing authority shall adopt a resolution either
1381
approving the establishment of the special service district or determining that the proposal to
1382
establish it should be abandoned.
1383
(b) A resolution approving the establishment of a special service district may contain
1384
any changes from the initial resolution or notice of intention the governing authority
1385
determines to be appropriate, including reduction of the boundaries of the special service
1386
district and elimination of one or more of the types of services proposed.
1387
(c) The boundaries of the special service district may not be increased nor additional
1388
types of services added, unless the governing authority gives a new notice of intention and
1389
holds a new hearing.
1390
(d) All or a part of the area of an abandoned special service district may be included in
1391
a new special service district established in the manner provided in this part.
1392
(2) (a) Within 30 days after adopting a resolution approving the establishment of a
1393
special service district under Subsection (1), the governing authority shall [file] record a notice
1394
with the [lieutenant governor] county recorder.
1395
(b) Each notice under Subsection (2)(a) shall:
1396
(i) be accompanied by:
1397
(A) a copy of the resolution adopted by the governing authority approving the
1398
establishment of the special service district; and
1399
(B) a [map] retraceable plat as defined in Section
17-23-20
showing the boundaries of
1400
the special service district[, prepared and certified by a licensed surveyor and filed with the
1401
county surveyor in accordance with Section
17-23-17
]; and
1402
(ii) include a certification by the governing authority that all requirements for the
1403
establishment of a special service district have been complied with.
1404
(c) The county recorder shall comply with the requirements of Section
17-21-26
.
1405
(d) The lieutenant governor shall comply with the requirements of Section
67-1a-6.5
.
1406
[(c)] (e) Upon the lieutenant governor's issuance of the certificate of creation under
1407
Section
67-1a-6.5
, the special service district is created and incorporated.
1408
(3) After a special service district is established, a person may petition the district court
1409
for a writ of review of the actions of the governing authority in establishing the district if:
1410
(a) (i) the person filed a written protest; or
1411
(ii) the person filed a written protest, withdrew the protest, and then cancelled the
1412
withdrawal; [and]
1413
(b) (i) the person is a qualified voter residing within the district; or
1414
(ii) the person is a qualified voter whose property has been included within the
1415
boundaries of the special service district; [and]
1416
(c) the petition is filed within 30 days after the date of the resolution establishing the
1417
special service district; and
1418
(d) (i) the petition alleges that the person's property will not be benefitted by one or
1419
more of the services to be provided by the special service district; or
1420
(ii) the petition alleges that the procedures used to establish the special service district
1421
violated the law.
1422
(4) If a petition for a writ of review is not filed within the time limits established by
1423
this section, owners of property and qualified voters within the special service district may not
1424
object to the establishment of the district.
1425
(5) The governing authority may consider the voter registration records of the county as
1426
conclusive evidence of residency in the special service district.
1427
Section 31.
Section
17A-2-1327
is amended to read:
1428
17A-2-1327. Adding additional services -- Annexing additional area -- Notice to
1429
lieutenant governor.
1430
(1) Subject to the provisions of Subsections (2) and (3), after the establishment of a
1431
special service district, additional services from that specified in the resolution establishing the
1432
district may be added and additional area from that specified in the resolution may be annexed
1433
to the district by using the procedure provided for in this part for the establishment of the
1434
district with appropriate changes in the wording of the required instruments.
1435
(2) (a) Notwithstanding Subsection (1), additional services may not be added and
1436
additional area may not be annexed to the special service district and the governing authority
1437
shall abandon the additional services or annexation proceedings if written protests are filed at
1438
or before the hearing by:
1439
(i) with respect to proceedings to add services:
1440
(A) the owners of more than 50% of the taxable value of the taxable property within
1441
the district; or
1442
(B) more than 50% of the qualified electors of the district; or
1443
(ii) with respect to proceedings to annex new area:
1444
(A) the owners of more than 50% of the taxable value of the taxable property within
1445
the area to be annexed; or
1446
(B) more than 50% of the qualified electors of the area to be annexed.
1447
(b) (i) The determination of owners, properties, and taxable value under Subsection
1448
(2)(a) shall be according to the assessment rolls last completed before the adoption of the
1449
resolution proposing the addition of services or annexation.
1450
(ii) The determination of qualified electors under Subsection (2)(a) shall be from the
1451
registration lists last made or revised before the adoption of the resolution proposing the
1452
addition of services or annexation.
1453
(3) (a) Notwithstanding Subsection (1), the notice, hearing, and protest requirements of
1454
Sections
17A-2-1307
,
17A-2-1308
, and
17A-2-1309
do not apply if a petition for additional
1455
services or annexation of additional area is filed with the governing body of the special service
1456
district containing the signatures of all owners of all taxable real property:
1457
(i) within the special service district, if the petition is for additional services; or
1458
(ii) within the area proposed to be annexed, if the petition is for annexation of
1459
additional area.
1460
(b) For purposes of Subsection (3)(a), the owners of taxable property shall be
1461
determined according to the assessment roll last completed before the filing of the petition.
1462
(4) (a) If the governing authority adopts a resolution approving the annexation of
1463
additional area, the governing authority shall, within 30 days after adopting the resolution,
1464
[file] record a notice with the [lieutenant governor] county recorder.
1465
(b) The notice required under Subsection (4)(a) shall:
1466
(i) be accompanied by:
1467
(A) a copy of the resolution adopted by the governing authority approving the