H.B. 447

1

GOVERNMENT ENTITY CHANGES
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kory M. Holdaway
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to the processes and requirements when a
10 boundary or name of a local governmental entity is changed.
11 Highlighted Provisions:
12 This bill:
13 . modifies the processes and requirements for notifying certain entities when a
14 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;
17 . 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
19 notifying entities needing boundary change information;
20 . establishes two standards for accuracy of boundary change information;
21 . requires the accuracy of boundary information for a notice and petition for a
22 boundary change to meet the standard of a preliminary map;
23 . requires the accuracy of boundary information when recorded with the county
24 recorder to meet the standard of a retraceable plat;
25 . prohibits a governmental entity boundary splitting a parcel;
26 . prohibits the county recorder from recording a boundary change unless the county
27 surveyor has reviewed the accuracy of the plat;

28 . prohibits the lieutenant governor from certifying a boundary change unless the
29 county surveyor has reviewed the accuracy of the plat;
30 . requires the county recorder to forward to the lieutenant governor a recorded copy
31 of a boundary change or name change;
32 . modifies the process of an entity changing its name;
33 . removes the requirement to file articles of incorporation;
34 . requires the lieutenant governor to evaluate if a change in municipal or county
35 classification is needed after a boundary change;
36 . modifies the number of days in which documents relating to a boundary change
37 must be recorded;
38 . changes the arbitrator in a county boundary dispute from the state engineer to an
39 independent county surveyor;
40 . allows the county recorder to establish an earlier deadline for submitting boundary
41 changes in order to receive next year's property tax proceeds resulting from the
42 boundary change;
43 . modifies the duties of the surveyor position within the Automated Geographic
44 Reference Center, Division of Information Technology Services to include
45 providing technical support to county surveyors, as requested, in evaluating
46 boundary changes;
47 . requires the lieutenant governor to make available to the public on the Internet
48 documents related to a governmental entity boundary change;
49 . requires the Automated Geographic Reference Center to provide boundaries of
50 political subdivisions to the United States Bureau of the Census in meeting the
51 needs of the bureau; and
52 . makes technical corrections.
53 Monies Appropriated in this Bill:
54 None
55 Other Special Clauses:
56 None
57 Utah Code Sections Affected:
58 AMENDS:

59 10-1-118, as enacted by Laws of Utah 2000, Chapter 318
60 10-2-103, as last amended by Laws of Utah 2000, Chapter 184
61 10-2-119, as last amended by Laws of Utah 2005, Chapter 233
62 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
64 10-2-125, as last amended by Laws of Utah 2007, Chapter 212
65 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
69 10-2-507, as last amended by Laws of Utah 2005, Chapter 233
70 10-2-610, as last amended by Laws of Utah 1997, Chapter 389
71 10-2-712, as last amended by Laws of Utah 2005, Chapter 233
72 10-6-111, as last amended by Laws of Utah 2005, Chapter 146
73 11-13-204, as last amended by Laws of Utah 2005, Chapter 233
74 11-13-205, as last amended by Laws of Utah 2005, Chapters 105 and 233
75 17-2-1, as last amended by Laws of Utah 1993, Chapter 227
76 17-2-2, as last amended by Laws of Utah 1984, Chapter 68
77 17-2-3, as last amended by Laws of Utah 1984, Chapter 68
78 17-2-4, as last amended by Laws of Utah 2005, Chapter 233
79 17-2-5, Utah Code Annotated 1953
80 17-2-9, as last amended by Laws of Utah 2005, Chapter 233
81 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
83 17-50-104, as last amended by Laws of Utah 2005, Chapter 233
84 17-50-105, as last amended by Laws of Utah 2005, Chapter 233
85 17-50-502, as enacted by Laws of Utah 2000, Chapter 318
86 17A-2-1311, as last amended by Laws of Utah 2005, Chapter 233
87 17A-2-1327, as last amended by Laws of Utah 2005, Chapter 233
88 17A-2-1329, as last amended by Laws of Utah 2005, Chapter 233
89 17A-3-802, as renumbered and amended by Laws of Utah 1990, Chapter 186

90 17A-3-803, as renumbered and amended by Laws of Utah 1990, Chapter 186
91 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
96 17B-1-415, as renumbered and amended by Laws of Utah 2007, Chapter 329
97 17B-1-416, as renumbered and amended by Laws of Utah 2007, Chapter 329
98 17B-1-417, as renumbered and amended by Laws of Utah 2007, Chapter 329
99 17B-1-512, as renumbered and amended by Laws of Utah 2007, Chapter 329
100 17B-1-1308, as renumbered and amended by Laws of Utah 2007, Chapter 329
101 17C-1-201, as renumbered and amended by Laws of Utah 2006, Chapter 359
102 17C-1-701, as renumbered and amended by Laws of Utah 2006, Chapter 359
103 53A-2-101.5, as enacted by Laws of Utah 2005, Chapter 233
104 53A-2-118, as last amended by Laws of Utah 2007, First Special Session, Chapter 1
105 59-2-1304, as repealed and reenacted by Laws of Utah 1988, Chapter 3
106 59-2-1325, as repealed and reenacted by Laws of Utah 1988, Chapter 3
107 63-30d-401, as last amended by Laws of Utah 2007, Chapter 329
108 63F-1-506, as last amended by Laws of Utah 2005, Chapter 233 and renumbered and
109 amended by Laws of Utah 2005, Chapter 169
110 63F-1-507, as last amended by Laws of Utah 2007, Chapter 329
111 67-1a-6.5, as last amended by Laws of Utah 2007, Chapters 212 and 329
112 ENACTS:
113 17-21-26, Utah Code Annotated 1953
114 17-23-20, Utah Code Annotated 1953
115 59-2-924.5, Utah Code Annotated 1953
116 REPEALS:
117 10-1-116, as last amended by Laws of Utah 2005, Chapter 233
118 10-1-117, as last amended by Laws of Utah 2007, Chapter 329
119 10-2-122, as last amended by Laws of Utah 2000, Chapter 38
120 10-2-508, as last amended by Laws of Utah 2003, Chapter 279

121 10-2-611, as last amended by Laws of Utah 2005, Chapter 233
122
123 Be it enacted by the Legislature of the state of Utah:
124 Section 1. Section 10-1-118 is amended to read:
125 10-1-118. Changing the name of a municipality.
126 (1) (a) A municipality may change its name by [filing amended articles of
127 incorporation as provided in Section 10-1-117 .] recording with the county recorder a notice of
128 name change.
129 (b) The notice in Subsection (1)(a) shall have been:
130 (i) approved by the municipal legislative body; and
131 (ii) signed and verified by the mayor of the municipality.
132 (2) The name change becomes effective upon the lieutenant governor's certification of
133 the [amended articles as provided in Subsection 10-1-117 (3)] name change under Section
134 67-1a-6.5 .
135 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
138 request for a feasibility study filed with the clerk of the county in which the area is located.
139 (2) Each request under Subsection (1) shall:
140 (a) be signed by the owners of private real property that:
141 (i) is located within the area proposed to be incorporated;
142 (ii) covers at least 10% of the total private land area within the area; and
143 (iii) is equal in value to at least 7% of the value of all private real property within the
144 area;
145 (b) indicate the typed or printed name and current residence address of each owner
146 signing the request;
147 [(c) describe the contiguous area proposed to be incorporated as a city;]
148 [(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;
150 [(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

152 of the proposed city; and
153 [(f)] (e) request the county legislative body to commission a study to determine the
154 feasibility of incorporating the area as a city.
155 (3) A request for a feasibility study under this section may not propose for
156 incorporation an area that includes some or all of an area that is the subject of a completed
157 feasibility study or supplemental feasibility study whose results comply with Subsection
158 10-2-109 (3) unless:
159 (a) the proposed incorporation that is the subject of the completed feasibility study or
160 supplemental feasibility study has been defeated by the voters at an election under Section
161 10-2-111 ; or
162 (b) the time provided under Subsection 10-2-109 (1) for filing an incorporation petition
163 based on the completed feasibility study or supplemental feasibility study has elapsed without
164 the filing of a petition.
165 (4) (a) Except as provided in Subsection (4)(b), a request under this section may not
166 propose for incorporation an area that includes some or all of an area proposed for annexation
167 in an annexation petition under Section 10-2-403 that:
168 (i) was filed before the filing of the request; and
169 (ii) is still pending on the date the request is filed.
170 (b) Notwithstanding Subsection (4)(a), a request may propose for incorporation an area
171 that includes some or all of an area proposed for annexation in an annexation petition described
172 in Subsection (4)(a) if:
173 (i) the proposed annexation area that is part of the area proposed for incorporation does
174 not exceed 20% of the area proposed for incorporation;
175 (ii) the request complies with Subsections (2) and (3) with respect to the area proposed
176 for incorporation excluding the proposed annexation area; and
177 (iii) excluding the area proposed for annexation from the area proposed for
178 incorporation would not cause the area proposed for incorporation to lose its contiguousness.
179 (c) Except as provided in Section 10-2-107 , each request to which Subsection (4)(b)
180 applies shall be considered as not proposing the incorporation of the area proposed for
181 annexation.
182 (5) At the time of filing the request for a feasibility study with the county clerk, the

183 sponsors of the request shall mail or deliver a copy of the request to the chair of the planning
184 commission of each township in which any part of the area proposed for incorporation is
185 located.
186 Section 3. Section 10-2-119 is amended to read:
187 10-2-119. Recording notice of incorporation -- When incorporation complete --
188 Incorporation presumed conclusive.
189 (1) (a) Within [seven] 30 days after the canvass of the final election of city officers
190 under Section 10-2-116 , the mayor-elect of the new city shall [file at least three copies of the
191 articles] record with the county recorder a notice of incorporation [with the lieutenant
192 governor].
193 [(2) The articles of incorporation shall:]
194 (b) The notice in Subsection (1)(a) shall:
195 [(a)] (i) contain the name of the city;
196 [(b) contain an accurate map or plat, prepared by a licensed surveyor, approved by the
197 legislative body, and filed with the county surveyor in accordance with Section 17-23-17 ]
198 (ii) contain a retraceable plat, as defined in Section 17-23-20 , showing the boundaries
199 of the city;
200 [(c) contain the city's class according to population as defined in Section 10-2-301 ;
201 and]
202 (iii) include the results of the election;
203 (iv) include a statement signed by an attorney attesting that all legal requirements for
204 the incorporation have been met; and
205 [(d)] (v) be signed and verified by the mayor-elect of the city.
206 [(3) The legislative body of the new city shall comply with the notice requirements of
207 Section 10-1-116 .]
208 (c) In addition to the deadline in Subsection (1)(a), the tax deadlines in Section
209 59-2-924.5 apply.
210 (2) The county recorder shall comply with the requirements of Section 17-21-26 .
211 (3) The lieutenant governor shall comply with the requirements of Sections 10-2-302
212 and 67-1a-6.5 .
213 (4) The incorporation is effective upon the lieutenant governor certifying the

214 incorporation under Section 67-1a-6.5 .
215 (5) Notwithstanding any other provision of law, a city shall be conclusively presumed
216 to be lawfully incorporated and existing if for two years following the city's incorporation:
217 (a) (i) the city has levied and collected a property tax; or
218 (ii) for a city incorporated on or after July 1, 1998, the city has imposed a sales and use
219 tax; and
220 (b) no challenge to the existence or incorporation of the city has been filed in the
221 district court for the county in which the city is located.
222 Section 4. Section 10-2-120 is amended to read:
223 10-2-120. Powers of officers-elect.
224 [(1) (a) Before filing articles of incorporation, the mayor-elect of the future city may
225 file with the lieutenant governor a verified notice of intention to file the articles of
226 incorporation.]
227 [(b) The notice under Subsection (1)(a) shall contain:]
228 [(i) the name of the future city;]
229 [(ii) an accurate map or plat, prepared by a licensed surveyor, approved by the
230 legislative body, and filed with the county surveyor in accordance with Section 17-23-17 ,
231 showing the boundaries of the future city;]
232 [(iii) the city's class according to population as defined in Section 10-2-301 ; and]
233 [(iv) the proposed date for filing the articles of incorporation.]
234 [(2)] (1) Upon the [lieutenant governor's certification of the notice under Section
235 67-1a-6.5 ] canvass of the final election of city officers under Section 10-2-116 and until the
236 future city becomes legally incorporated, the officers of the future city may:
237 (a) prepare and adopt, under Chapter 6, Uniform Fiscal Procedures Act For Utah
238 Cities, a proposed budget and compilation of ordinances;
239 (b) negotiate and make personnel contracts and hirings;
240 (c) negotiate and make service contracts;
241 [(d) file the notification required by Subsection 10-1-116 (1);]
242 [(e)] (d) negotiate and make contracts to purchase equipment, materials, and supplies;
243 [(f)] (e) borrow funds from the county in which the future city is located under
244 Subsection 10-2-121 (3);

245 [(g)] (f) borrow funds for startup expenses of the future municipality; and
246 [(h)] (g) issue tax anticipation notes in the name of the future municipality.
247 [(3)] (2) The city's legislative body shall review and ratify each contract made by the
248 officers-elect under Subsection [(2)] (1) within 30 days of the effective date of incorporation
249 under Section [ 10-2-122 ] 10-2-119 .
250 Section 5. Section 10-2-121 is amended to read:
251 10-2-121. Division of municipal-type services revenues -- County may provide
252 startup funds -- Notice requirements.
253 (1) The county in which an area incorporating under this part is located shall, until the
254 date of the city's incorporation under Section [ 10-2-122 ] 10-2-119 , continue:
255 (a) to levy and collect ad valorem property tax and other revenues from or pertaining to
256 the future city; and
257 (b) except as otherwise agreed by the county and the officers-elect of the city [after the
258 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.
260 (2) (a) The legislative body of the county in which a newly incorporated city is located
261 shall share pro rata with the new city, based on the date of incorporation, the taxes and service
262 charges or fees levied and collected by the county under Section 17-34-3 during the year of the
263 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
265 fees.
266 (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 :
269 (A) before the year of the new city's incorporation;
270 (B) from the previously unincorporated area that, because of the city's incorporation, is
271 located within the boundaries of the newly incorporated city; and
272 (C) for the purpose of providing services to the area that before the new city's
273 incorporation was unincorporated.
274 (ii) A county legislative body may share taxes and service charges or fees under
275 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.
277 (3) (a) The legislative body of a county in which an area incorporating under this part is
278 located may appropriate county funds to:
279 (i) before incorporation but after [a notice under Subsection 10-2-120 (1) is filed] the
280 canvass of the final election of city officers under Section 10-2-116 , the officers-elect of the
281 future city to pay startup expenses of the future city; or
282 (ii) after incorporation, the new city.
283 (b) Funds appropriated under Subsection (3)(a) may be distributed in the form of a
284 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
286 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
288 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
295 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
302 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