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H.B. 61
1
LOCAL GOVERNMENT ENTITY CHANGES
2
2009 GENERAL SESSION
3
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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Committee Note:
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The Political Subdivisions Interim Committee recommended this bill.
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General Description:
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This bill modifies provisions relating to the process of certifying local government
12
actions affecting the name or boundary of a local entity.
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Highlighted Provisions:
14
This bill:
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. modifies and clarifies the process of certifying:
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. local government changes that affect or create local government boundaries; and
17
. local government name changes;
18
. provides a process for certifying final boundary plats for local government boundary
19
changes;
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. eliminates a requirement for municipalities to prepare articles of incorporation as
21
part of the incorporation process and eliminates an alternative to filing articles of
22
incorporation;
23
. modifies the duties of the lieutenant governor, county surveyors, and county
24
recorders in the process of certifying local government boundary and name changes;
25
. modifies the process for a municipality to change its name;
26
. establishes the date of recording documents related to a boundary action as the
27
effective date of the boundary action for purposes of assessing property affected by
28
the boundary action;
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. imposes restrictions on a local entity's imposition of property taxes, assessments, or
30
fees until documents related to the boundary action are recorded;
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. modifies the event from which the effective date of a municipal annexation or
32
boundary adjustment is calculated;
33
. clarifies and makes technical changes relating to the process of consolidating
34
counties and the process of annexing part of one county to another county;
35
. limits a person from filing for recording a plat that depicts a local entity's boundary
36
as it exists as a result of a boundary action unless it complies with certain
37
requirements;
38
. modifies the duties of the surveyor within the Automated Geographic Reference
39
Center; and
40
. makes technical changes.
41
Monies Appropriated in this Bill:
42
None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
46
AMENDS:
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10-1-118, as enacted by Laws of Utah 2000, Chapter 318
48
10-2-119, as last amended by Laws of Utah 2005, Chapter 233
49
10-2-120, as last amended by Laws of Utah 2005, Chapter 233
50
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 2008, Chapters 16 and 19
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10-2-302, as last amended by Laws of Utah 2001, Second Special Session, Chapter 4
53
10-2-418, as last amended by Laws of Utah 2007, Chapters 329 and 378
54
10-2-419, as last amended by Laws of Utah 2007, Chapter 329
55
10-2-425, as last amended by Laws of Utah 2007, Chapters 329 and 378
56
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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10-2-611, as last amended by Laws of Utah 2005, Chapter 233
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10-2-705, as enacted by Laws of Utah 1977, Chapter 48
60
10-2-711, as last amended by Laws of Utah 2000, Chapter 318
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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
65
17-3-3, as last amended by Laws of Utah 2005, Chapter 233
66
17-21-20, as last amended by Laws of Utah 2007, Chapter 147
67
17-50-104, as last amended by Laws of Utah 2005, Chapter 233
68
17B-1-215, as last amended by Laws of Utah 2008, Chapter 360
69
17B-1-216, as renumbered and amended by Laws of Utah 2007, Chapter 329
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17B-1-414, as last amended by Laws of Utah 2008, Chapter 118
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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 last amended by Laws of Utah 2008, Chapter 118
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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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17D-1-204, as enacted by Laws of Utah 2008, Chapter 360
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17D-1-208, as enacted by Laws of Utah 2008, Chapter 360
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17D-1-209, as enacted by Laws of Utah 2008, Chapter 360
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17D-1-403, as enacted by Laws of Utah 2008, Chapter 360
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17D-1-603, as enacted by Laws of Utah 2008, Chapter 360
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17D-3-203, as enacted by Laws of Utah 2008, Chapter 360
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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 2008, Chapter 92
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53A-2-118.1, as last amended by Laws of Utah 2008, Chapter 92
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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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63G-7-401, as renumbered and amended by Laws of Utah 2008, Chapter 382
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67-1a-2, as last amended by Laws of Utah 2007, Chapters 75 and 83
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ENACTS:
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17-2-101, Utah Code Annotated 1953
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17-2-102, Utah Code Annotated 1953
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17-2-201, Utah Code Annotated 1953
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17-2-202, Utah Code Annotated 1953
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17-23-20, Utah Code Annotated 1953
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59-2-305.5, Utah Code Annotated 1953
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67-1a-6.7, Utah Code Annotated 1953
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REPEALS AND REENACTS:
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67-1a-6.5, as last amended by Laws of Utah 2008, Chapter 360
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RENUMBERS AND AMENDS:
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17-2-103, (Renumbered from 17-2-1, as last amended by Laws of Utah 1993, Chapter
104
227)
105
17-2-104, (Renumbered from 17-2-3, as last amended by Laws of Utah 1984, Chapter
106
68)
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17-2-105, (Renumbered from 17-2-4, as last amended by Laws of Utah 2005, Chapter
108
233)
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17-2-106, (Renumbered from 17-2-5, Utah Code Annotated 1953)
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17-2-203, (Renumbered from 17-2-6, as last amended by Laws of Utah 2003, Chapter
111
258)
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17-2-204, (Renumbered from 17-2-8, as last amended by Laws of Utah 2003, Chapter
113
258)
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17-2-205, (Renumbered from 17-2-9, as last amended by Laws of Utah 2005, Chapter
115
233)
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17-2-206, (Renumbered from 17-2-10, as last amended by Laws of Utah 2002, Sixth
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Special Session, Chapter 3)
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17-2-207, (Renumbered from 17-2-11, as last amended by Laws of Utah 1993, Chapter
119
227)
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17-2-208, (Renumbered from 17-2-12, Utah Code Annotated 1953)
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17-2-209, (Renumbered from 17-2-13, as last amended by Laws of Utah 2005, Chapter
122
233)
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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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17-2-2, as last amended by Laws of Utah 1984, Chapter 68
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17-2-7, as last amended by Laws of Utah 2003, Chapter 258
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17-3-2, as last amended by Laws of Utah 1984, Chapter 68
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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 municipality may change its name by [filing amended articles of incorporation as
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provided in Section
10-1-117
.]:
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(a) adopting an ordinance or resolution approving a new name; and
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(b) filing with the lieutenant governor a copy of a notice of an impending name change,
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as defined in Section
67-1a-6.7
, that meets the requirements of Subsection
67-1a-6.7
(3).
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(2) Upon the lieutenant governor's issuance of a certificate of name change under
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Section
67-1a-6.7
, the municipality shall file with the recorder of each county in which the
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municipality is located:
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(a) the original notice of an impending name change; and
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(b) the original certificate of name change.
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[(2)] (3) (a) The name change becomes effective upon the lieutenant governor's
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[certification of the amended articles as provided in Subsection
10-1-117
(3).] issuance of a
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certificate of name change under Section
67-1a-6.7
.
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(b) Notwithstanding Subsection (3)(a), until the documents listed in Subsection (2) are
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recorded in the office of the county recorder, the municipality may not operate under the new
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name.
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Section 2.
Section
10-2-119
is amended to read:
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10-2-119. Filing of notice and certified final boundary plat with lieutenant
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governor -- Effective date of incorporation -- Necessity of recording documents and effect
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of not recording.
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(1) [Within seven days after the canvass of the final election of city officers under
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Section
10-2-116
, the] The mayor-elect of the [new] future city shall [file at least three copies
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of the articles of incorporation]:
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(a) within 30 days after the canvass of the final election of city officers under Section
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10-2-116
, file with the lieutenant governor[.]:
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[(2) The articles of incorporation shall:]
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[(a) 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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showing the boundaries 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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[(d) 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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(i) a copy of a notice of an impending boundary action, as defined in Section
67-1a-6.5
,
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that meets the requirements of Subsection
67-1a-6.5
(3); and
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(ii) a copy of a certified final boundary plat, as defined in Section
67-1a-6.5
; and
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(b) upon the lieutenant governor's issuance of a certificate of incorporation under
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Section
67-1a-6.5
, submit to the recorder of each county in which the city is located:
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(i) the original notice of an impending boundary action;
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(ii) the original certificate of incorporation; and
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(iii) the original certified final boundary plat.
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(2) (a) The incorporation is effective upon the lieutenant governor's issuance of a
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certificate of incorporation under Section
67-1a-6.5
.
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(b) Notwithstanding any other provision of law, a city is conclusively presumed to be
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lawfully incorporated and existing if, for two years following the city's incorporation:
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(i) (A) the city has levied and collected a property tax; or
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(B) 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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(ii) 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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(3) (a) The effective date of an incorporation for purposes of assessing property within
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the new city is governed by Section
59-2-305.5
.
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(b) Until the documents listed in Subsection (1)(b) are recorded in the office of the
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recorder of the county in which the property is located, a newly incorporated city may not:
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(i) levy or collect a property tax on property within the city;
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(ii) levy or collect an assessment on property within the city; or
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(iii) charge or collect a fee for service provided to property within the city.
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Section 3.
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] canvass of the final
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election of city officers under Section [
67-1a-6.5
]
10-2-116
and until the future city becomes
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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 Cities,
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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] city; and
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[(h)] (g) issue tax anticipation notes in the name of the future [municipality] city.
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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] after the effective date of
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incorporation under Section [
10-2-122
]
10-2-119
.
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Section 4.
Section
10-2-121
is amended to read:
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10-2-121. Division of municipal-type services revenues -- County may provide
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startup funds -- Filing of plat or map -- Notice requirements.
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(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
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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
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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,
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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,
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2004, is located may share with the new city taxes and service charges or fees that were levied
240
and collected by the county under Section
17-34-3
:
241
(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
248
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
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located may appropriate county funds to:
251
(i) before incorporation but after [a notice under Subsection
10-2-120
(1) is filed] the
252
canvass of the final election of city officers under Section
10-2-116
, the officers-elect of the
253
future city to pay startup expenses of the future city; or
254
(ii) after incorporation, the new city.
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(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).
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[(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
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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.]
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[(b) 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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Section 5.
Section
10-2-125
is amended to read:
264
10-2-125. Incorporation of a town.
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(1) As used in this section:
266
(a) "Assessed value," with respect to agricultural land, means the value at which the
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land would be assessed without regard to a valuation for agricultural use under Section
268
59-2-503
.
269
(b) "Financial feasibility study" means a study to determine:
270
(i) the projected revenues for the proposed town during the first three years after
271
incorporation; and
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(ii) the projected costs, including overhead, that the proposed town will incur in
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providing governmental services during the first three years after incorporation.
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(c) "Municipal service" means a publicly provided service that is not provided on a
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countywide basis.
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(d) "Nonurban" means having a residential density of less than one unit per acre.
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(2) (a) (i) A contiguous area of a county not within a municipality, with a population of
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at least 100 but less than 1,000, may incorporate as a town as provided in this section.
279
(ii) An area within a county of the first class is not contiguous for purposes of
280
Subsection (2)(a)(i) if:
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(A) the area includes a strip of land that connects geographically separate areas; and
282
(B) the distance between the geographically separate areas is greater than the average
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width of the strip of land connecting the geographically separate areas.
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(b) The population figure under Subsection (2)(a) shall be determined:
285
(i) as of the date the incorporation petition is filed; and
286
(ii) by the Utah Population Estimates Committee within 20 days after the county clerk's
287
certification under Subsection (6) of a petition filed under Subsection (4).
288
(3) (a) The process to incorporate an area as a town is initiated by filing a request for a
289
public hearing with the clerk of the county in which the area is located.
290
(b) Each request for a public hearing under Subsection (3)(a) shall:
291
(i) be signed by the owners of at least five separate parcels of private real property,
292
each owned by a different owner, located within the area proposed to be incorporated; and
293
(ii) be accompanied by an accurate map or plat depicting the boundary of the proposed
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town.
295
(c) Within ten days after a request for a public hearing is filed under Subsection (3)(a),
296
the county clerk shall, with the assistance of other county officers from whom the clerk
297
requests assistance, determine whether the petition complies with the requirements of
298
Subsection (3)(b).
299
(d) If the clerk determines that a request under Subsection (3)(a) fails to comply with
300
the requirements of Subsection (3)(b), the clerk shall reject the request and deliver written
301
notice of the rejection to the signers of the request.
302
(e) (i) If the clerk determines that a request under Subsection (3)(a) complies with the
303
requirements of Subsection (3)(b), the clerk shall:
304
(A) schedule and arrange for a public hearing to be held:
305
(I) (Aa) at a public facility located within the boundary of the proposed town; or
306
(Bb) if there is no public facility within the boundary of the proposed town, at another
307
nearby public facility or at the county seat; and
308
(II) within 20 days after the clerk provides the last notice required under Subsection
309
(3)(e)(i)(B); and
310
(B) subject to Subsection (3)(e)(ii), give notice of the public hearing on the proposed
311
incorporation by:
312
(I) posting notice of the public hearing on the county's Internet website, if the county
313
has an Internet website; and
314
(II) (Aa) publishing notice of the public hearing at least once a week for two
315
consecutive weeks in a newspaper of general circulation within the proposed town; or
316
(Bb) if there is no newspaper of general circulation within the proposed town, posting
317
notice of the public hearing in at least five conspicuous public places within the proposed town.
318
(ii) The posting of notice required under Subsection (3)(e)(i)(B)(I) and, if applicable,
319
Subsection (3)(e)(i)(B)(II)(Bb) and the first publishing of notice required under Subsection
320
(3)(e)(i)(B)(II)(Aa), if applicable, shall occur no later than ten days after the clerk determines
321
that a request complies with the requirements of Subsection (3)(b).
322
(iii) Each public hearing under Subsection (3)(e)(i)(A) shall be conducted by the chair
323
of the county commission or council, or the chair's designee, to:
324
(A) introduce the concept of the proposed incorporation to the public;
325
(B) allow the public to review the map or plat of the boundary of the proposed town;
326
(C) allow the public to ask questions and become informed about the proposed
327
incorporation; and
328
(D) allow the public to express their views about the proposed incorporation, including
329
their views about the boundary of the area proposed to be incorporated.
330
(4) (a) At any time within three months after the public hearing under Subsection
331
(3)(e), a petition to incorporate the area as a town may be filed with the clerk of the county in
332
which the area is located.
333
(b) Each petition under Subsection (4)(a) shall:
334
(i) be signed by:
335
(A) the owners of private real property that:
336
(I) is located within the area proposed to be incorporated;
337
(II) covers a majority of the total private land area within the area;
338
(III) is equal in assessed value to more than 1/2 of the assessed value of all private real
339
property within the area; and
340
(IV) consists, in number of parcels, of at least 1/3 of the number of all parcels of
341
private real property within the area proposed to be incorporated; and
342
(B) a majority of all registered voters within the area proposed to be incorporated as a
343
town, according to the official voter registration list maintained by the county on the date the
344
petition is filed;
345
(ii) designate as sponsors at least five of the property owners who have signed the
346
petition, one of whom shall be designated as the contact sponsor, with the mailing address of
347
each owner signing as a sponsor;
348
(iii) be accompanied by and circulated with an accurate map or plat, prepared by a
349
licensed surveyor, showing a legal description of the boundary of the proposed town; and
350
(iv) substantially comply with and be circulated in the following form:
351
PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
352
town)
353
To the Honorable County Legislative Body of (insert the name of the county in which
354
the proposed town is located) County, Utah:
355
We, the undersigned owners of real property and registered voters within the area
356
described in this petition, respectfully petition the county legislative body for the area described
357
in this petition to be incorporated as a town. Each of the undersigned affirms that each has
358
personally signed this petition and is an owner of real property or a registered voter residing
359
within the described area, and that the current residence address of each is correctly written
360
after the signer's name. The area proposed to be incorporated as a town is described as follows:
361
(insert an accurate description of the area proposed to be incorporated).
362
(c) A petition under this Subsection (4) may not describe an area that includes some or
363
all of an area proposed for annexation in an annexation petition under Section
10-2-403
that:
364
(i) was filed before the filing of the petition; and
365
(ii) is still pending on the date the petition is filed.
366
(d) A petition may not be filed under this section if the private real property owned by
367
the petition sponsors, designated under Subsection (4)(b)(ii), cumulatively exceeds 40% of the
368
total private land area within the area proposed to be incorporated as a town.
369
(e) A signer of a petition under this Subsection (4) may withdraw or, after withdrawn,
370
reinstate the signer's signature on the petition:
371
(i) at any time until the county clerk certifies the petition under Subsection (6); and
372
(ii) by filing a signed, written withdrawal or reinstatement with the county clerk.
373
(5) (a) If a petition is filed under Subsection (4)(a) proposing to incorporate as a town
374
an area located within a county of the first class, the county clerk shall deliver written notice of
375
the proposed incorporation:
376
(i) to each owner of private real property owning more than 1% of the assessed value
377
of all private real property within the area proposed to be incorporated as a town; and
378
(ii) within seven calendar days after the date on which the petition is filed.
379
(b) A private real property owner described in Subsection (5)(a)(i) may exclude all or
380
part of the owner's property from the area proposed to be incorporated as a town by filing a
381
notice of exclusion:
382
(i) with the county clerk; and
383
(ii) within ten calendar days after receiving the clerk's notice under Subsection (5)(a).
384
(c) The county legislative body shall exclude from the area proposed to be incorporated
385
as a town the property identified in the notice of exclusion under Subsection (5)(b) if:
386
(i) the property:
387
(A) is nonurban; and
388
(B) does not and will not require a municipal service; and
389
(ii) exclusion will not leave an unincorporated island within the proposed town.
390
(d) If the county legislative body excludes property from the area proposed to be
391
incorporated as a town, the county legislative body shall send written notice of the exclusion to
392
the contact sponsor within five days after the exclusion.
393
(6) Within 20 days after the filing of a petition under Subsection (4), the county clerk
394
shall:
395
(a) with the assistance of other county officers from whom the clerk requests
396
assistance, determine whether the petition complies with the requirements of Subsection (4);
397
and
398
(b) (i) if the clerk determines that the petition complies with those requirements:
399
(A) certify the petition and deliver the certified petition to the county legislative body;
400
and
401
(B) mail or deliver written notification of the certification to:
402
(I) the contact sponsor;
403
(II) if applicable, the chair of the planning commission of each township in which any
404
part of the area proposed for incorporation is located; and
405
(III) the Utah Population Estimates Committee; or
406
(ii) if the clerk determines that the petition fails to comply with any of those
407
requirements, reject the petition and notify the contact sponsor in writing of the rejection and
408
the reasons for the rejection.
409
(7) (a) (i) A petition that is rejected under Subsection (6)(b)(ii) may be amended to
410
correct a deficiency for which it was rejected and then refiled with the county clerk.
411
(ii) A valid signature on a petition filed under Subsection (4)(a) may be used toward
412
fulfilling the signature requirement of Subsection (4)(b) for the same petition that is amended
413
under Subsection (7)(a)(i) and then refiled with the county clerk.
414
(b) If a petition is amended and refiled under Subsection (7)(a)(i) after having been
415
rejected by the county clerk under Subsection (6)(b)(ii):
416
(i) the amended petition shall be considered as a newly filed petition; and
417
(ii) the amended petition's processing priority is determined by the date on which it is
418
refiled.
419
(8) (a) (i) The legislative body of a county with which a petition is filed under
420
Subsection (4) may, at its option and upon the petition being certified under Subsection (6),
421
commission and pay for a financial feasibility study.
422
(ii) If the county legislative body chooses to commission a financial feasibility study,
423
the county legislative body shall:
424
(A) within 20 days after the incorporation petition is certified, select and engage a
425
feasibility consultant; and
426
(B) require the feasibility consultant to complete the financial feasibility study and
427
submit written results of the study to the county legislative body no later than 30 days after the
428
feasibility consultant is engaged to conduct the financial feasibility study.
429
(b) The county legislative body shall approve a petition proposing the incorporation of
430
a town and hold an election for town officers, as provided in Subsection (9), if:
431
(i) the county clerk has certified the petition under Subsection (6); and
432
(ii) (A) (I) the county legislative body has commissioned a financial feasibility study
433
under Subsection (8)(a); and
434
(II) the results of the financial feasibility study show that the average annual amount of
435
revenues described in Subsection (1)(b)(i) does not exceed the average annual amount of costs
436
described in Subsection (1)(b)(ii) by more than 10%; or
437
(B) the county legislative body chooses not to commission a financial feasibility study.
438
(c) (i) If the county legislative body commissions a financial feasibility study under
439
Subsection (8)(a) and the results of the financial feasibility study show that the average annual
440
amount of revenues described in Subsection (1)(b)(i) exceeds the average annual amount of
441
costs described in Subsection (1)(b)(ii) by more than 10%, the county legislative body may:
442
(A) deny the petition, subject to Subsection (8)(c)(ii), if the results of the financial
443
feasibility study show that the average annual amount of revenues described in Subsection
444
(1)(b)(i) exceeds the average annual amount of costs described in Subsection (1)(b)(ii) by 25%
445
or more;
446
(B) approve the petition and hold an election for town officers, as provided in
447
Subsection (9); or
448
(C) (I) with the consent of the petition sponsors:
449
(Aa) impose conditions to mitigate the fiscal inequities identified in the financial
450
feasibility study; or
451
(Bb) alter the boundaries of the area proposed to be incorporated as a town to
452
approximate the boundaries necessary to prevent the average annual amount of revenues
453
described in Subsection (1)(b)(i) from exceeding the average annual amount of costs described
454
in Subsection (1)(b)(ii); and
455
(II) approve the incorporation petition and hold an election for town officers, as
456
provided in Subsection (9).
457
(ii) A county legislative body intending to deny a petition under Subsection (8)(c)(i)(A)
458
shall deny the petition within 20 days after the feasibility consultant submits the written results
459
of the financial feasibility study.
460
(d) Each town that incorporates pursuant to a petition approved after the county
461
legislative body imposes conditions under Subsection (8)(c)(i)(C)(I) shall comply with those
462
conditions.
463
(9) (a) The legislative body of the county in which the proposed new town is located
464
shall hold the election for town officers provided for in Subsection (8) within:
465
(i) 45 days after the petition is certified, for an election under Subsection (8)(b)(ii)(B);
466
(ii) 45 days after the feasibility consultant submits the written results of the financial
467
feasibility study, for an election under Subsection (8)(b)(ii)(A) or (8)(c)(i)(B); or
468
(iii) 60 days after the feasibility consultant submits the written results of the financial
469
feasibility study, for an election under Subsection (8)(c)(i)(C).
470
(b) The officers elected at an election under Subsection (9)(a) shall take office:
471
(i) at noon on the first Monday in January next following the election, if the election is
472
held on a regular general or municipal general election date; or
473
(ii) at noon on the first day of the month next following the effective date of the
474
incorporation under Subsection (12), if the election of officers is held on any other date.
475
(10) Each newly incorporated town shall operate under the five-member council form
476
of government as defined in Section
10-3b-102
.
477
(11) [(a) Within seven days after the canvass of the election of town officers under
478
Subsection (9), the] The mayor-elect of the [new] future town shall [file at least three copies of
479
the articles of incorporation of the new town]:
480
(a) within 30 days after the canvass of the election of town officers under Subsection
481
(9), file with the lieutenant governor[.]:
482
[(b) The articles of incorporation shall meet the requirements of Subsection
483
10-2-119
(2).]
484
(i) a copy of a notice of an impending boundary action, as defined in Section
67-1a-6.5
,
485
that meets the requirements of Subsection
67-1a-6.5
(3); and
486
(ii) a copy of a certified final boundary plat, as defined in Section
67-1a-6.5
; and
487
(b) upon the lieutenant governor's issuance of a certificate of incorporation under
488
Section
67-1a-6.5
, submit to the recorder of each county in which the town is located:
489
(i) the original notice of an impending boundary action;
490
(ii) the original certificate of incorporation; and
491
(iii) the original certified final boundary plat.
492
(12) (a) A new town is incorporated:
493
[(a)] (i) on December 31 of the year in which the lieutenant governor issues a
494
certificate of [entity creation for the town] incorporation under Section
67-1a-6.5
, if the
495
election of town officers under Subsection (9) is held on a regular general or municipal general
496
election date; or
497
[(b)] (ii) on the last day of the month during which the lieutenant governor issues a
498
certificate of [entity creation for the town] incorporation under Section
67-1a-6.5
, if the
499
election of town officers under Subsection (9) is held on any other date.
500
(b) (i) The effective date of an incorporation for purposes of assessing property within
501
the new town is governed by Section
59-2-305.5
.
502
(ii) Until the documents listed in Subsection (11)(b) are recorded in the office of the
503
recorder of the county in which the property is located, a newly incorporated town may not:
504
(A) levy or collect a property tax on property within the town;
505
(B) levy or collect an assessment on property within the town; or
506
(C) charge or collect a fee for service provided to property within the town.
507
(13) For each petition filed before March 5, 2008:
508
(a) the petition is subject to and governed by the law in effect at the time the petition
509
was filed; and
510
(b) the law in effect at the time the petition was filed governs in all administrative and
511
judicial proceedings relating to the petition.
512
Section 6.
Section
10-2-302
is amended to read:
513
10-2-302. Change of class of municipality.
514
(1) Each municipality shall retain its classification under Section
10-2-301
until
515
changed as provided in this section or Subsection
67-1a-2
(3).
516
[(2) The lieutenant governor shall monitor the population figure for each municipality
517
as shown on:]
518
[(a) each official census or census estimate of the United States Bureau of the Census;
519
or]
520
[(b) if the population figure for a municipality is not available from the United States
521
Bureau of the Census, the population estimate from the Utah Population Estimates
522
Committee.]
523
[(3) If the applicable population figure under Subsection (2) indicates that a
524
municipality's population has increased beyond the limit for its current class, the lieutenant
525
governor shall:]
526
[(a) prepare a certificate indicating the class in which the municipality belongs based
527
on the increased population figure; and]
528
[(b) within ten days after preparing the certificate, deliver a copy of the certificate to
529
the legislative body of the municipality whose class has changed.]
530
[(4) (a)] (2) If [the applicable] a municipality's population [figure], as determined by
531
the lieutenant governor under Subsection [(2)]
67-1a-2
(3), indicates that [a] the municipality's
532
population has decreased below the limit for its current class, the legislative body of the
533
municipality may petition the lieutenant governor to prepare a certificate indicating the class in
534
which the municipality belongs based on the decreased population figure.
535
[(b) Upon receipt of a petition under Subsection (4)(a), the lieutenant governor shall
536
prepare the certificate, and within ten days after preparing the certificate, deliver a copy of the
537
certificate to the legislative body of the municipality whose class has changed.]
538
[(5)] (3) A municipality's change in class is effective on the date of the lieutenant
539
governor's certificate under Subsection [(3) or (4)]
67-1a-2
(3).
540
Section 7.
Section
10-2-418
is amended to read:
541
10-2-418. Annexation of an island or peninsula without a petition -- Notice --
542
Hearing.
543
(1) (a) Notwithstanding Subsection
10-2-402
(2), a municipality may annex an
544
unincorporated area under this section without an annexation petition if:
545
(i) (A) the area to be annexed consists of one or more unincorporated islands within or
546
unincorporated peninsulas contiguous to the municipality;
547
(B) the majority of each island or peninsula consists of residential or commercial
548
development;
549
(C) the area proposed for annexation requires the delivery of municipal-type services;
550
and
551
(D) the municipality has provided most or all of the municipal-type services to the area
552
for more than one year; or
553
(ii) (A) the area to be annexed consists of one or more unincorporated islands within or
554
unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
555
residents; and
556
(B) the municipality has provided one or more municipal-type services to the area for
557
at least one year.
558
(b) Notwithstanding Subsection
10-2-402
(1)(b)(iii), a municipality may annex a
559
portion of an island or peninsula under this section, leaving unincorporated the remainder of
560
the unincorporated island or peninsula, if:
561
(i) in adopting the resolution under Subsection (2)(a)(i), the municipal legislative body
562
determines that not annexing the entire unincorporated island or peninsula is in the
563
municipality's best interest; and
564
(ii) for an annexation of one or more unincorporated islands under Subsection
565
(1)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed,
566
complies with the requirement of Subsection (1)(a)(ii)(A) relating to the number of residents.
567
(2) (a) The legislative body of each municipality intending to annex an area under this
568
section shall:
569
(i) adopt a resolution indicating the municipal legislative body's intent to annex the
570
area, describing the area proposed to be annexed;
571
(ii) (A) publish notice at least once a week for three successive weeks in a newspaper
572
of general circulation within the municipality and the area proposed for annexation; or
573
(B) if there is no newspaper of general circulation in the areas described in Subsection
574
(2)(a)(ii)(A), post at least one notice per 1,000 population in places within those areas that are
575
most likely to give notice to the residents of those areas;
576
(iii) send written notice to the board of each local district and special service district
577
whose boundaries contain some or all of the area proposed for annexation and to the legislative
578
body of the county in which the area proposed for annexation is located; and
579
(iv) hold a public hearing on the proposed annexation no earlier than 30 days after the
580
adoption of the resolution under Subsection (2)(a)(i).
581
(b) Each notice under Subsections (2)(a)(ii) and (iii) shall:
582
(i) state that the municipal legislative body has adopted a resolution indicating its intent
583
to annex the area proposed for annexation;
584
(ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
585
(iii) describe the area proposed for annexation; and
586
(iv) except for an annexation that meets the property owner consent requirements of
587
Subsection (3)(b), state in conspicuous and plain terms that the municipal legislative body will
588
annex the area unless, at or before the public hearing under Subsection (2)(a)(iv), written
589
protests to the annexation are filed by the owners of private real property that:
590
(A) is located within the area proposed for annexation;
591
(B) covers a majority of the total private land area within the entire area proposed for
592
annexation; and
593
(C) is equal in value to at least 1/2 the value of all private real property within the
594
entire area proposed for annexation.
595
(c) The first publication of the notice required under Subsection (2)(a)(ii)(A) shall be
596
within 14 days of the municipal legislative body's adoption of a resolution under Subsection
597
(2)(a)(i).
598
(3) (a) Upon conclusion of the public hearing under Subsection (2)(a)(iv), the
599
municipal legislative body may adopt an ordinance [annexing] approving the annexation of the
600
area proposed for annexation under this section unless, at or before the hearing, written protests
601
to the annexation have been filed with the city recorder or town clerk, as the case may be, by
602
the owners of private real property that:
603
(i) is located within the area proposed for annexation;
604
(ii) covers a majority of the total private land area within the entire area proposed for
605
annexation; and
606
(iii) is equal in value to at least 1/2 the value of all private real property within the
607
entire area proposed for annexation.
608
(b) (i) Upon conclusion of the public hearing under Subsection (2)(a)(iv), a
609
municipality may adopt an ordinance [annexing] approving the annexation of the area proposed
610
for annexation under this section without allowing or considering protests under Subsection
611
(3)(a) if the owners of at least 75% of the total private land area within the entire area proposed
612
for annexation, representing at least 75% of the value of the private real property within the
613
entire area proposed for annexation, have consented in writing to the annexation.
614
(ii) Upon [adoption of] the effective date under Section
10-2-425
of an annexation
615
approved by an ordinance adopted under Subsection (3)(b)(i), the area annexed shall be
616
conclusively presumed to be validly annexed.
617
(4) (a) If protests are timely filed that comply with Subsection (3), the municipal
618
legislative body may not adopt an ordinance [annexing] approving the annexation of the area
619
proposed for annexation, and the annexation proceedings under this section shall be considered
620
terminated.
621
(b) Subsection (4)(a) may not be construed to prohibit the municipal legislative body
622
from excluding from a proposed annexation under Subsection (1)(a)(ii) the property within an
623
unincorporated island regarding which protests have been filed and proceeding under
624
Subsection (1)(b) to annex some or all of the remaining portion of the unincorporated island.
625
Section 8.
Section
10-2-419
is amended to read:
626
10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
627
(1) The legislative bodies of two or more municipalities having common boundaries
628
may adjust their common boundaries as provided in this section.
629
(2) (a) The legislative body of each municipality intending to adjust a boundary that is
630
common with another municipality shall:
631
(i) adopt a resolution indicating the intent of the municipal legislative body to adjust a
632
common boundary;
633
(ii) hold a public hearing on the proposed adjustment no less than 60 days after the
634
adoption of the resolution under Subsection (2)(a)(i); and
635
(iii) (A) publish notice at least once a week for three successive weeks in a newspaper
636
of general circulation within the municipality; or
637
(B) if there is no newspaper of general circulation within the municipality, post at least
638
one notice per 1,000 population in places within the municipality that are most likely to give
639
notice to residents of the municipality.
640
(b) The notice required under Subsection (2)(a)(iii) shall:
641
(i) state that the municipal legislative body has adopted a resolution indicating the
642
municipal legislative body's intent to adjust a boundary that the municipality has in common
643
with another municipality;
644
(ii) describe the area proposed to be adjusted;
645
(iii) state the date, time, and place of the public hearing required under Subsection
646
(2)(a)(ii);
647
(iv) state in conspicuous and plain terms that the municipal legislative body will adjust
648
the boundaries unless, at or before the public hearing under Subsection (2)(a)(ii), written
649
protests to the adjustment are filed by the owners of private real property that:
650
(A) is located within the area proposed for adjustment;
651
(B) covers at least 25% of the total private land area within the area proposed for
652
adjustment; and
653
(C) is equal in value to at least 15% of the value of all private real property within the
654
area proposed for adjustment; and
655
(v) state that the area that is the subject of the boundary adjustment will, because of the
656
boundary adjustment, be automatically annexed to a local district providing fire protection,
657
paramedic, and emergency services, as provided in Section
17B-1-416
, if:
658
(A) the municipality to which the area is being added because of the boundary
659
adjustment is entirely within the boundaries of a local district:
660
(I) that provides fire protection, paramedic, and emergency services; and
661
(II) in the creation of which an election was not required because of Subsection
662
17B-1-214
(3)(c); and
663
(B) the municipality from which the area is being taken because of the boundary
664
adjustment is not within the boundaries of the local district; and
665
(vi) state that the area proposed for annexation to the municipality will be
666
automatically withdrawn from a local district providing fire protection, paramedic, and
667
emergency services, as provided in Subsection
17B-1-502
(2), if:
668
(A) the municipality to which the area is being added because of the boundary
669
adjustment is not within the boundaries of a local district:
670
(I) that provides fire protection, paramedic, and emergency services; and
671
(II) in the creation of which an election was not required because of Subsection
672
17B-1-214
(3)(c); and
673
(B) the municipality from which the area is being taken because of the boundary
674
adjustment is entirely within the boundaries of the local district.
675
(c) The first publication of the notice required under Subsection (2)(a)(iii)(A) shall be
676
within 14 days of the municipal legislative body's adoption of a resolution under Subsection
677
(2)(a)(i).
678
(3) Upon conclusion of the public hearing under Subsection (2)(a)(ii), the municipal
679
legislative body may adopt an ordinance [adjusting] approving the adjustment of the common
680
boundary unless, at or before the hearing under Subsection (2)(a)(ii), written protests to the
681
adjustment have been filed with the city recorder or town clerk, as the case may be, by the
682
owners of private real property that:
683
(a) is located within the area proposed for adjustment;
684
(b) covers at least 25% of the total private land area within the area proposed for
685
adjustment; and
686
(c) is equal in value to at least 15% of the value of all private real property within the
687
area proposed for adjustment.
688
(4) The municipal legislative body shall comply with the requirements of Section
689
10-2-425
as if the boundary [change] adjustment were an annexation.
690
(5) (a) An ordinance adopted under Subsection (3) becomes effective when each
691
municipality involved in the boundary adjustment has adopted an ordinance under Subsection
692
(3) [and as determined under Subsection
10-2-425
(5) if the boundary change were an
693
annexation].
694
(b) The effective date of a boundary adjustment under this section is governed by
695
Section
10-2-425
.
696
Section 9.
Section
10-2-425
is amended to read:
697
10-2-425. Filing of plat or map and amended articles -- Notice requirements.
698
[(1) Within 30 days after enacting an ordinance annexing an unincorporated area or
699
adjusting a boundary under this part, the municipal legislative body shall:]
700
[(a) send notice of the enactment to each affected entity;]
701
[(b)] (1) The legislative body of each municipality that enacts an ordinance under this
702
part approving the annexation of an unincorporated area or the adjustment of a boundary shall:
703
(a) within 30 days after enacting the ordinance or, in the case of a boundary
704
adjustment, within 30 days after each of the municipalities involved in the boundary
705
adjustment has enacted an ordinance, file with the lieutenant governor:
706
[(i) a certified copy of the ordinance approving the annexation or boundary adjustment,
707
together with a plat or map prepared by a licensed surveyor, approved by the municipal
708
legislative body, and filed with the county surveyor in accordance with Section
17-23-17
,
709
showing the new boundaries of the affected area; and]
710
[(ii) (A) if the municipality has articles of incorporation, amended articles of
711
incorporation reflecting the annexation or boundary adjustment, as provided in Section
712
10-1-117
; or]
713
[(B) if the municipality does not have articles of incorporation, written notice of the
714
adoption of an annexation ordinance, accompanied by a copy of the ordinance; and]
715
(i) a notice of an impending boundary action, as defined in Section
67-1a-6.5
, that
716
meets the requirements of Subsection
67-1a-6.5
(3); and
717
(ii) a copy of a certified final boundary plat, as defined in Section
67-1a-6.5
; and
718
(b) upon the lieutenant governor's issuance of a certificate of annexation or boundary
719
adjustment, as the case may be, under Section
67-1a-6.5
:
720
(i) submit to the recorder of each county in which the annexed area or the area affected
721
by the boundary adjustment, respectively, is located:
722
(A) the original notice of an impending boundary action;
723
(B) the original certificate of annexation or boundary adjustment; and
724
(C) the original certified final boundary plat;
725
(ii) send notice of the annexation or boundary adjustment to each affected entity; and
726
[(c)] (iii) in accordance with Section
26-8a-414
, file [the documents described in
727
Subsection (1)(b)(i)] with the Department of Health[.]:
728
(A) a certified copy of the ordinance approving the annexation of an unincorporated
729
area or the adjustment of a boundary; and
730
(B) a copy of the certified final boundary plat.
731
(2) If an annexation or boundary adjustment under this part also causes an automatic
732
annexation to a local district under Section
17B-1-416
or an automatic withdrawal from a local
733
district under Subsection
17B-1-502
(2), the municipal legislative body shall, as soon as
734
practicable after [enacting an ordinance annexing an unincorporated area or adjusting a
735
boundary] the lieutenant governor issues a certificate of annexation or boundary adjustment
736
under Section
67-1a-6.5
, send notice of the annexation or boundary adjustment to the local
737
district to which the annexed area is automatically annexed or from which the annexed area is
738
automatically withdrawn.
739
[(3) The municipal legislative body shall comply with the notice requirements of
740
Section
10-1-116
.]
741
[(4)] (3) Each notice required under [Subsections (1) and (3)] Subsection (1) relating to
742
an annexation or boundary adjustment shall state the effective date of the annexation or
743
boundary adjustment, as determined under Subsection [(5)] (4).
744
[(5)] (4) An annexation or boundary adjustment under this part is completed and takes
745
effect:
746
(a) for the annexation of or boundary adjustment affecting an area located in a county
747
of the first class[, except for an annexation under Section
10-2-418
]:
748
(i) July 1 following [enactment of an ordinance annexing the unincorporated area] the
749
lieutenant governor's issuance under Section
67-1a-6.5
of a certificate of annexation or
750
boundary adjustment if:
751
(A) the [ordinance is adopted] certificate is issued during the preceding November 1
752
through April 30; and
753
(B) the requirements of Subsection (1) are met before that July 1; or
754
(ii) January 1 following [enactment of an ordinance annexing the unincorporated area]
755
the lieutenant governor's issuance under Section
67-1a-6.5
of a certificate of annexation or
756
boundary adjustment if:
757
(A) the [ordinance is adopted] certificate is issued during the preceding May 1 through
758
October 31; and
759
(B) the requirements of Subsection (1) are met before that January 1; and
760
(b) for all other annexations, the date of the lieutenant governor's issuance, under
761
Section
67-1a-6.5
, of[:] a certificate of annexation or boundary adjustment.
762
[(i) a certification of amended articles under Subsection
10-1-117
(3), for an annexation
763
by a municipality that has articles of incorporation and filed with the lieutenant governor
764
amended articles of incorporation under Subsection (1)(a)(iii)(A); or]
765
[(ii) a certificate of annexation under Subsection (1)(b), for an annexation by a
766
municipality that does not have articles of incorporation and filed with the lieutenant governor
767
a notice of adoption of an annexation ordinance under Subsection (1)(a)(iii)(B).]
768
(5) (a) As used in this Subsection (5):
769
(i) "Affected area" means:
770
(A) in the case of an annexation, the annexed area; and
771
(B) in the case of a boundary adjustment, any area that, as a result of the boundary
772
adjustment, is moved from within the boundary of one municipality to within the boundary of
773
another municipality.
774
(ii) "Annexing municipality" means:
775
(A) in the case of an annexation, the municipality that annexes an unincorporated area;
776
and
777
(B) in the case of a boundary adjustment, a municipality whose boundary includes an
778
affected area as a result of a boundary adjustment.
779
(b) The effective date of an annexation or boundary adjustment for purposes of
780
assessing property within an affected area is governed by Section
59-2-305.5
.
781
(c) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the
782
recorder of the county in which the property is located, a municipality may not:
783
(i) levy or collect a property tax on property within an affected area;
784
(ii) levy or collect an assessment on property within an affected area; or
785
(iii) charge or collect a fee for service provided to property within an affected area.
786
Section 10.
Section
10-2-507
is amended to read:
787
10-2-507. Disconnection decree -- Filing of documents -- Notice requirements.
788
[(1) (a) Upon entering a disconnection order, the court shall]
789
(1) As used in this section, "disconnection action" means:
790
(a) the municipal legislative body's adoption of an ordinance under Subsection
791
10-2-502.5
(4)(b) approving disconnection; or
792
(b) the entry of a court order under Section
10-2-502.7
ordering disconnection.
793
(2) The municipal legislative body shall:
794
(a) within 30 days after the disconnection action, file with the lieutenant governor [a
795
certified copy of the order and a transparent reproducible copy of the map or plat.]:
796
(i) a copy of a notice of an impending boundary action, as defined in Section
67-1a-6.5
,
797
that meets the requirements of Subsection
67-1a-6.5
(3); and
798
(ii) a copy of a certified final boundary plat, as defined in Section
67-1a-6.5
; and
799
(b) upon the lieutenant governor's issuance of a certificate of disconnection under
800
Section
67-1a-6.5
, submit to the recorder of each county in which the disconnected territory is
801
located:
802
(A) the original notice of an impending boundary action;
803
(B) the original certificate of disconnection; and
804
(C) the original certified final boundary plat.
805
[(b)] (3) The disconnection is effective upon the lieutenant governor's [certification of
806
the] issuance of a certificate of disconnection [order] under Section
67-1a-6.5
.
807
[(2) The municipality shall file amended articles of incorporation in the lieutenant
808
governor's office, as provided in Section
10-1-117
, and the county recorder's office within 30
809
days after, as the case may be:]
810
[(a) adoption of an ordinance approving disconnection under Subsection
811
10-2-502.5
(4)(b); or]
812
[(b) entry of a court order under Section
10-2-502.7
ordering disconnection.]
813
[(3) The amended articles of incorporation shall:]
814
[(a) describe the postdisconnection geography of the municipality; and]
815
[(b) specify the postdisconnection population of the municipality.]
816
[(4) The lieutenant governor shall comply with the requirements of Subsection
817
10-1-117
(3).]
818
(4) (a) The effective date of a disconnection for purposes of assessing property within
819
the disconnected territory is governed by Section
59-2-305.5
.
820
(b) Until the documents listed in Subsection (2)(b) are recorded in the office of the
821
recorder of the county in which the property is located, the county in which the disconnected
822
territory is located may not:
823
(i) except as provided in Section
10-2-506
, levy or collect a property tax on property
824
within the disconnected territory;
825
(ii) levy or collect an assessment on property within the disconnected territory; or
826
(iii) charge or collect a fee for service provided to property within the disconnected
827
territory.
828
(5) Any cost incurred by the municipality in complying with this section may be
829
charged against the disconnected territory.
830
[(6) The legislative body of each municipality that has had territory disconnected shall
831
comply with the notice requirements of Section
10-1-116
.]
832
Section 11.
Section
10-2-610
is amended to read:
833
10-2-610. Favorable vote at election -- Notice of results -- Publication -- Filing.
834
(1) The [commissioners of the] legislative body of each county [or counties] in which a
835
proposed consolidating municipality is located shall canvass the results of the election or
836
elections in the same manner as for general elections and shall certify the results of the election
837
to the county clerk or clerks.
838
(2) If a majority of the ballots cast at the election on consolidation in each municipality
839
are for consolidation, the county clerk or clerks shall immediately, on receiving notice of the
840
results of the canvass [being filed in the proper office] under Subsection (1), give notice of the
841
result by publication in the same manner and for the same time as provided in Section
10-2-608
842
[and in the notice the county clerk or clerks shall indicate to which class the consolidated
843
municipality belongs. A copy of the notice with proper proof of its original publication shall
844
be filed with the papers, and a certified copy of all papers and record entries relating to the
845
matter on file in the county clerk's office shall be filed in the office of the county recorder. The
846
mayor of the consolidated municipality shall cause articles of consolidation to be filed in the
847
office of the lieutenant governor which shall contain the same information as is required in
848
Subsection
10-2-119
(2) together with a provision stating that the municipality is a
849
consolidation of two or more municipalities and the names of the municipalities which
850
comprise the new municipality].
851
(3) The mayors of the municipalities to be consolidated shall:
852
(a) within 30 days after the canvass of an election at which voters approve
853
consolidation, file with the lieutenant governor:
854
(i) a copy of a notice of an impending boundary action, as defined in Section
67-1a-6.5
,
855
that meets the requirements of Subsection
67-1a-6.5
(3); and
856
(ii) a copy of a certified final boundary plat, as defined in Section
67-1a-6.5
; and
857
(b) upon the lieutenant governor's issuance of a certificate of consolidation under
858
Section
67-1a-6.5
, submit to the recorder of each county in which the consolidated city is
859
located:
860
(i) the original notice of an impending boundary action;
861
(ii) the original certificate of incorporation; and
862
(iii) the original certified final boundary plat.
863
Section 12.
Section
10-2-611
is amended to read:
864
10-2-611. When consolidation complete -- Disincorporation of original
865
municipalities.
866
(1) Upon the lieutenant governor's [certification of the articles] issuance of a certificate
867
of consolidation under Section
67-1a-6.5
[, the incorporation of the new municipality shall be
868
complete and]:
869
(a) the consolidation is effective; and
870
(b) the original municipalities involved in the consolidation [shall be considered to be]
871
are disincorporated.
872
[(2) The legislative body of the new municipality shall comply with the notice
873
requirements of Section
10-1-116
.]
874
(2) (a) The effective date of a consolidation of municipalities for purposes of assessing
875
property within the consolidated municipality is governed by Section
59-2-305.5
.
876
(b) Until the documents listed in Subsection
10-2-610
(3)(b) are recorded in the office
877
of the recorder of the county in which the property is located, a consolidated municipality may
878
not:
879
(i) levy or collect a property tax on property within the consolidated municipality;
880
(ii) levy or collect an assessment on property within the consolidated municipality; or
881
(iii) charge or collect a fee for service provided to property within the consolidated
882
municipality.
883
Section 13.
Section
10-2-705
is amended to read:
884
10-2-705. Judgment -- Determination of claims.
885
The vote shall be taken and canvassed in the same manner as in other municipal
886
elections, and return thereof made to the district court. If the district court finds that a majority
887
of the votes cast favored dissolution, a judgment shall be entered [dissolving] approving the
888
dissolution of the municipality and, upon dissolution, the corporate powers of such
889
municipality shall cease, and the court shall cause notice to be given in a manner to be
890
prescribed by it, requiring all claims against the municipality to be filed in the court within a
891
time fixed in the notice, not exceeding six months, and all claims not so filed shall be forever
892
barred. At the expiration of the time so fixed the court shall adjudicate claims so filed, which
893
shall be treated as denied, and any citizen of the municipality at the time the vote was taken
894
may appear and defend against any claim so filed, or the court may in its discretion appoint
895
some person for that purpose.
896
Section 14.
Section
10-2-711
is amended to read:
897
10-2-711. Dissolution by the county legislative body.
898
(1) (a) A municipality having fewer than 50 residents may be dissolved on application
899
to the district court by the county legislative body of the county where the municipality is
900
located.
901
(b) (i) The population figure under Subsection (1)(a) shall be derived from the most
902
recent official census or census estimate of the United States Bureau of the Census.
903
(ii) If the population figure is not available from the United States Bureau of the
904
Census, the population figure shall be derived from the estimate from the Utah Population
905
Estimates Committee.
906
(2) Notice of the application shall be served on the municipality in the manner
907
prescribed by law or by publication in the manner provided by law if the municipal authorities
908
cannot be served.
909
(3) The district court may enter an order approving the dissolution of the municipality
910
[dissolved] on a finding that the existence of the municipality serves no valid municipal
911
purpose, its existence is a sham, or on a clear and convincing showing that the best interests of
912
the community would be served by the dissolution.
913
(4) If the municipality is dissolved, the district court shall wind down the affairs and
914
dissolve the municipality as quickly as possible in the same manner as is provided in Sections
915
10-2-705
through
10-2-709
.
916
Section 15.
Section
10-2-712
is amended to read:
917
10-2-712. Power of court -- Articles of dissolution -- Notice to lieutenant
918
governor.
919
(1) The district court may:
920
(a) enforce compliance with any order issued to give effect to this part by proceedings
921
for contempt; and
922
(b) appoint any person to assist it in carrying out the provisions of this part.
923
(2) (a) [The] Upon entering an order approving the dissolution of a municipality, the
924
district court shall file [articles of dissolution] with the lieutenant governor [on the dissolution
925
of the municipality.]:
926
(i) a copy of a notice of an impending boundary action, as defined in Section
67-1a-6.5
,
927
that meets the requirements of Subsection
67-1a-6.5
(3); and
928
(ii) a certified copy of the court order approving the dissolution.
929
(b) Upon the lieutenant governor's [certification of the articles] issuance of a certificate
930
of dissolution[,] under Section
67-1a-6.5
:
931
(i) the municipality is dissolved [under Section
67-1a-6.5
.]; and
932
(ii) the court shall submit to the recorder of each county in which the dissolved
933
municipality was located:
934
(A) the original court order approving dissolution of the municipality; and
935
(B) the original certificate of dissolution.
936
(3) (a) The effective date of a dissolution of a municipality for purposes of assessing
937
property within the dissolved municipality is governed by Section
59-2-305.5
.
938
(b) Until the documents listed in Subsection (2)(b)(ii) are recorded in the office of the
939
recorder of the county in which the property is located, the county in which a dissolved
940
municipality is located may not:
941
(i) levy or collect a property tax on property within the former boundary of the
942
dissolved municipality;
943
(ii) levy or collect an assessment on property within the former boundary of the
944
dissolved municipality; or
945
(iii) charge or collect a fee for service provided to property within the former boundary
946
of the dissolved municipality.
947
Section 16.
Section
10-6-111
is amended to read:
948
10-6-111. Tentative budget to be prepared -- Contents -- Estimate of expenditures
949
-- Budget message -- Review by governing body.
950
(1) (a) On or before the first regularly scheduled meeting of the governing body in the
951
last May of the current period, the budget officer shall prepare for the ensuing fiscal period, on
952
forms provided by the state auditor, and file with the governing body, a tentative budget for
953
each fund for which a budget is required.
954
(b) The tentative budget of each fund shall set forth in tabular form [the following]:
955
[(a) Actual] (i) the actual revenues and expenditures in the last completed fiscal
956
period[.];
957
[(b) Budget] (ii) the budget estimates for the current fiscal period[.];
958
[(c) Actual] (iii) the actual revenues and expenditures for a period of 6 to 21 months,
959
as appropriate, of the current fiscal period[.];
960
[(d) Estimated] (iv) the estimated total revenues and expenditures for the current fiscal
961
period[.];
962
[(e) The] (v) the budget officer's estimates of revenues and expenditures for the budget
963
period, computed [in the following manner:] as provided in Subsection (1)(c); and
964
[(i) The budget officer shall estimate, on the basis of demonstrated need, the
965
expenditures for the budget period after a review of the budget requests and estimates of the
966
department heads. Each department head shall be heard by the budget officer prior to making
967
of the final estimates, but the officer may revise any department's estimate as the officer
968
considers advisable for the purpose of presenting the budget to the governing body.]
969
[(ii) The budget officer shall estimate the amount of revenue available to serve the
970
needs of each fund, estimate the portion to be derived from all sources other than general
971
property taxes, and estimate the portion that must be derived from general property taxes.
972
From the latter estimate the officer shall compute and disclose in the budget the lowest rate of
973
property tax levy that will raise the required amount of revenue, calculating the levy upon the
974
latest taxable value.]
975
[(f) If] (vi) if the governing body elects, the actual performance experience to the
976
extent established by Section
10-6-154
and available in work units, unit costs, man hours, or
977
man years for each budgeted fund on an actual basis for the last completed fiscal period, and
978
estimated for the current fiscal period and for the ensuing budget period.
979
(c) (i) In making estimates of revenues and expenditures under Subsection (1)(b)(v),
980
the budget officer shall estimate:
981
(A) on the basis of demonstrated need, the expenditures for the budget period, after:
982
(I) hearing each department head; and
983
(II) reviewing the budget requests and estimates of the department heads; and
984
(B) (I) the amount of revenue available to serve the needs of each fund;
985
(II) the portion of revenue to be derived from all sources other than general property
986
taxes; and
987
(III) the portion of revenue that must be derived from general property taxes.
988
(ii) The budget officer may revise any department's estimate under Subsection
989
(1)(c)(i)(A)(II) that the officer considers advisable for the purpose of presenting the budget to
990
the governing body.
991
(iii) From the estimate made under Subsection (1)(c)(i)(B)(III), the budget officer shall
992
compute and disclose in the budget the lowest rate of property tax levy that will raise the
993
required amount of revenue, calculating the levy upon the latest taxable value.
994
(2) (a) Each tentative budget, when filed by the budget officer with the governing body,
995
shall contain the estimates of expenditures submitted by department heads, together with
996
specific work programs and such other supporting data as this chapter requires or the governing
997
body may request. Each city of the first or second class shall, and a city of the third, fourth, or
998
fifth class may, submit a supplementary estimate of all capital projects which each department
999
head believes should be undertaken within the next three succeeding years.
1000
(b) Each tentative budget submitted by the budget officer to the governing body shall
1001
be accompanied by a budget message, which shall explain the budget, contain an outline of the
1002
proposed financial policies of the city for the budget period, and shall describe the important
1003
features of the budgetary plan. It shall set forth the reasons for salient changes from the
1004
previous fiscal period in appropriation and revenue items and shall explain any major changes
1005
in financial policy.
1006
(3) Each tentative budget shall be reviewed, considered, and tentatively adopted by the
1007
governing body in any regular meeting or special meeting called for the purpose and may be
1008
amended or revised in such manner as is considered advisable prior to public hearings, except
1009
that no appropriation required for debt retirement and interest or reduction of any existing
1010
deficits pursuant to Section
10-6-117
, or otherwise required by law or ordinance, may be
1011
reduced below the minimums so required.
1012
(4) (a) If the municipality is acting pursuant to Section
10-2-120
, the tentative budget
1013
shall:
1014
(i) be submitted to the governing body-elect as soon as practicable [after the filing of
1015
the notice under Section
10-2-120
indicating the proposed date for filing the articles of
1016
incorporation]; and
1017
(ii) cover each fund for which a budget is required from the date of incorporation to the
1018
end of the fiscal year.
1019
(b) The governing body shall substantially comply with all other provisions of this [act]
1020
chapter, and the budget shall be passed upon incorporation.
1021
Section 17.
Section
11-13-204
is amended to read:
1022
11-13-204. Powers and duties of interlocal entities -- Additional powers of energy
1023
services interlocal entities -- Length of term of agreement and interlocal entity -- Notice to
1024
lieutenant governor.
1025
(1) (a) An interlocal entity:
1026
(i) may:
1027
(A) adopt, amend, and repeal rules, bylaws, policies, and procedures for the regulation
1028
of its affairs and the conduct of its business;
1029
(B) sue and be sued;
1030
(C) have an official seal and alter that seal at will;
1031
(D) make and execute contracts and other instruments necessary or convenient for the
1032
performance of its duties and the exercise of its powers and functions;
1033
(E) acquire real or personal property, or an undivided, fractional, or other interest in
1034
real or personal property, necessary or convenient for the purposes contemplated in the
1035
agreement creating the interlocal entity and sell, lease, or otherwise dispose of that property;
1036
(F) directly or by contract with another:
1037
(I) own and acquire facilities and improvements or an undivided, fractional, or other
1038
interest in facilities and improvements;
1039
(II) construct, operate, maintain, and repair facilities and improvements; and
1040
(III) provide the services contemplated in the agreement creating the interlocal entity;
1041
(G) borrow money, incur indebtedness, and issue revenue bonds, notes, or other
1042
obligations and secure their payment by an assignment, pledge, or other conveyance of all or
1043
any part of the revenues and receipts from the facilities, improvements, or services that the
1044
interlocal entity provides;
1045
(H) offer, issue, and sell warrants, options, or other rights related to the bonds, notes, or
1046
other obligations issued by the interlocal entity; and
1047
(I) sell or contract for the sale of the services, output, product, or other benefits
1048
provided by the interlocal entity to:
1049
(I) public agencies inside or outside the state; and
1050
(II) with respect to any excess services, output, product, or benefits, any person on
1051
terms that the interlocal entity considers to be in the best interest of the public agencies that are
1052
parties to the agreement creating the interlocal entity; and
1053
(ii) may not levy, assess, or collect ad valorem property taxes.
1054
(b) An assignment, pledge, or other conveyance under Subsection (1)(a)(i)(G) may, to
1055
the extent provided by the documents under which the assignment, pledge, or other conveyance
1056
is made, rank prior in right to any other obligation except taxes or payments in lieu of taxes
1057
payable to the state or its political subdivisions.
1058
(2) An energy services interlocal entity:
1059
(a) except with respect to any ownership interest it has in facilities providing additional
1060
project capacity, is not subject to:
1061
(i) Part 3, Project Entity Provisions; or
1062
(ii) Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to
1063
Pay Corporate Franchise or Income Tax Act; and
1064
(b) may:
1065
(i) own, acquire, and, by itself or by contract with another, construct, operate, and
1066
maintain a facility or improvement for the generation, transmission, and transportation of
1067
electric energy or related fuel supplies;
1068
(ii) enter into a contract to obtain a supply of electric power and energy and ancillary
1069
services, transmission, and transportation services, and supplies of natural gas and fuels
1070
necessary for the operation of generation facilities;
1071
(iii) enter into a contract with public agencies, investor-owned or cooperative utilities,
1072
and others, whether located in or out of the state, for the sale of wholesale services provided by
1073
the energy services interlocal entity; and
1074
(iv) adopt and implement risk management policies and strategies and enter into
1075
transactions and agreements to manage the risks associated with the purchase and sale of
1076
energy, including forward purchase and sale contracts, hedging, tolling and swap agreements,
1077
and other instruments.
1078
(3) Notwithstanding Section
11-13-216
, an agreement creating an interlocal entity or
1079
an amendment to that agreement may provide that the agreement may continue and the
1080
interlocal entity may remain in existence until the latest to occur of:
1081
(a) 50 years after the date of the agreement or amendment;
1082
(b) five years after the interlocal entity has fully paid or otherwise discharged all of its
1083
indebtedness;
1084
(c) five years after the interlocal entity has abandoned, decommissioned, or conveyed
1085
or transferred all of its interest in its facilities and improvements; or
1086
(d) five years after the facilities and improvements of the interlocal entity are no longer
1087
useful in providing the service, output, product, or other benefit of the facilities and
1088
improvements, as determined under the agreement governing the sale of the service, output,
1089
product, or other benefit.
1090
(4) (a) The governing body of each party to the agreement to create an interlocal entity
1091
under Section
11-13-203
shall[,]:
1092
(i) within 30 days [of] after the date of the agreement, jointly file [a written notice of
1093
the agreement] with the lieutenant governor[.]:
1094
[(b) Each written notice required under Subsection (4)(a) shall:]
1095
[(i) be accompanied by:]
1096
[(A) a copy of the agreement to create the interlocal entity; and]
1097
(A) a copy of a notice of an impending boundary action, as defined in Section
1098
67-1a-6.5
, that meets the requirements of Subsection
67-1a-6.5
(3); and
1099
(B) if less than all of the territory of any Utah public agency that is a party to the
1100
agreement is included within the interlocal entity, a copy of a certified final boundary plat [that
1101
delineates a metes and bounds description of the area affected or a map of the area affected;
1102
and], as defined in Section
67-1a-6.5
; and
1103
[(ii) contain a certification by the governing body that all necessary legal requirements
1104
relating to the creation have been completed.]
1105
(ii) upon the lieutenant governor's issuance of a certificate of creation under Section
1106
67-1a-6.5
, submit to the recorder of each county in which the interlocal entity is located:
1107
(A) the original notice of an impending boundary action;
1108
(B) the original certificate of creation; and
1109
(C) the original certified final boundary plat, if a certified final boundary plat was
1110
required to be filed with the lieutenant governor under Subsection (4)(a)(i)(B).
1111
[(5)] (b) Upon the lieutenant governor's issuance of a certificate of creation under
1112
Section
67-1a-6.5
, the interlocal entity is created.
1113
(c) Until the documents listed in Subsection (4)(a)(ii) are recorded in the office of the
1114
recorder of the county in which the property is located, a newly created interlocal entity may
1115
not charge or collect a fee for service provided to property within the interlocal entity.
1116
[(6)] (5) Nothing in this section may be construed as expanding the rights of any
1117
municipality or interlocal entity to sell or provide retail service.
1118
Section 18.
Section
11-13-205
is amended to read:
1119
11-13-205. Agreement by public agencies to create a new entity to own sewage
1120
and wastewater facilities -- Powers and duties of new entities -- Validation of previously
1121
created entities -- Notice to lieutenant governor.
1122
(1) It is declared that the policy of the state is to assure the health, safety, and welfare
1123
of its citizens, that adequate sewage and wastewater treatment plants and facilities are essential
1124
to the well-being of the citizens of the state and that the acquisition of adequate sewage and
1125
wastewater treatment plants and facilities on a regional basis in accordance with federal law
1126
and state and federal water quality standards and effluent standards in order to provide services
1127
to public agencies is a matter of statewide concern and is in the public interest. It is found and
1128
declared that there is a statewide need to provide for regional sewage and wastewater treatment
1129
plants and facilities, and as a matter of express legislative determination it is declared that the
1130
compelling need of the state for construction of regional sewage and wastewater treatment
1131
plants and facilities requires the creation of entities under the Interlocal Cooperation Act to
1132
own, construct, operate, and finance sewage and wastewater treatment plants and facilities; and
1133
it is the purpose of this law to provide for the accomplishment thereof in the manner provided
1134
in this section.
1135
(2) Any two or more public agencies of the state may also agree to create a separate
1136
legal or administrative entity to accomplish and undertake the purpose of owning, acquiring,
1137
constructing, financing, operating, maintaining, and repairing regional sewage and wastewater
1138
treatment plants and facilities.
1139
(3) A separate legal or administrative entity created [in the manner provided herein]
1140
under this section is considered to be a political subdivision and body politic and corporate of
1141
the state with power to carry out and effectuate its corporate powers, including[, but not limited
1142
to,] the power:
1143
(a) to adopt, amend, and repeal rules, bylaws, and regulations, policies, and procedures
1144
for the regulation of its affairs and the conduct of its business, to sue and be sued in its own
1145
name, to have an official seal and power to alter that seal at will, and to make and execute
1146
contracts and all other instruments necessary or convenient for the performance of its duties
1147
and the exercise of its powers and functions under the Interlocal Cooperation Act;
1148
(b) to own, acquire, construct, operate, maintain, repair, or cause to be constructed,
1149
operated, maintained, and repaired one or more regional sewage and wastewater treatment
1150
plants and facilities, all as shall be set forth in the agreement providing for its creation;
1151
(c) to borrow money, incur indebtedness and issue revenue bonds, notes or other
1152
obligations payable solely from the revenues and receipts derived from all or a portion of the
1153
regional sewage and wastewater treatment plants and facilities which it owns, operates, and
1154
maintains, such bonds, notes, or other obligations to be issued and sold in compliance with the
1155
provisions of Title 11, Chapter 14, Local Government Bonding Act;
1156
(d) to enter into agreements with public agencies and other parties and entities to
1157
provide sewage and wastewater treatment services on such terms and conditions as it considers
1158
to be in the best interests of its participants; and
1159
(e) to acquire by purchase or by exercise of the power of eminent domain, any real or
1160
personal property in connection with the acquisition and construction of any sewage and
1161
wastewater treatment plant and all related facilities and rights-of-way which it owns, operates,
1162
and maintains.
1163
(4) The provisions of Part 3, Project Entity Provisions, do not apply to a legal or
1164
administrative entity created for regional sewage and wastewater treatment purposes under this
1165
section.
1166
(5) All proceedings previously had in connection with the creation of any legal or
1167
administrative entity pursuant to this chapter, and all proceedings previously had by any such
1168
entity for the authorization and issuance of bonds of the entity are validated, ratified, and
1169
confirmed; and these entities are declared to be validly created interlocal cooperation entities
1170
under this chapter. These bonds, whether previously or subsequently issued pursuant to these
1171
proceedings, are validated, ratified, and confirmed and declared to constitute, if previously
1172
issued, or when issued, the valid and legally binding obligations of the entity in accordance
1173
with their terms. Nothing in this section shall be construed to affect or validate any bonds, or
1174
the organization of any entity, the legality of which is being contested at the time this act takes
1175
effect.
1176
(6) (a) The governing body of each party to the agreement to create an entity under this
1177
section shall[,]:
1178
(i) within 30 days [of] after the date of the agreement, jointly file [a written notice of
1179
the agreement] with the lieutenant governor[.]:
1180
[(b) Each written notice required under Subsection (6)(a) shall:]
1181
[(i) be accompanied by:]
1182
[(A) a copy of the agreement to create the entity; and]
1183
[(B) a map or plat that delineates a metes and bounds description of the area affected;
1184
and]
1185
[(ii) contain a certification by the governing body that all necessary legal requirements
1186
relating to the creation have been completed.]
1187
(A) a copy of a notice of an impending boundary action, as defined in Section
1188
67-1a-6.5
, that meets the requirements of Subsection
67-1a-6.5
(3); and
1189
(B) a copy of a certified final boundary plat, as defined in Section
67-1a-6.5
; and
1190
(ii) upon the lieutenant governor's issuance of a certificate of creation under Section
1191
67-1a-6.5
, submit to the recorder of each county in which the entity is located:
1192
(A) the original notice of an impending boundary action;
1193
(B) the original certificate of creation; and
1194
(C) the original certified final boundary plat.
1195
[(7)] (b) Upon the lieutenant governor's issuance of a certificate of entity creation under
1196
Section
67-1a-6.5
, the entity is created.
1197
(c) Until the documents listed in Subsection (6)(a)(ii) are recorded in the office of the
1198
recorder of the county in which the property is located, a newly created entity under this section
1199
may not charge or collect a fee for service provided to property within the entity.
1200
Section 19.
Section
17-2-101
is enacted to read:
1201
CHAPTER 2. COUNTY CONSOLIDATIONS AND ANNEXATIONS
1202
Part 1. Consolidation of Counties
1203
17-2-101. Title.
1204
(1) This chapter is known as "County Consolidations and Annexations."
1205
(2) This part is known as "Consolidation of Counties."
1206
Section 20.
Section
17-2-102
is enacted to read:
1207
17-2-102. Definitions.
1208
As used in this part:
1209
(1) "Consolidating county" means the county to which another county is joined or is
1210
proposed to be joined by consolidation under this part.
1211
(2) "Originating county" means the county that is joined or proposed to be joined to
1212
another county by consolidation under this part.
1213
Section 21.
Section
17-2-103
, which is renumbered from Section 17-2-1 is renumbered
1214
and amended to read:
1215
[17-2-1]. 17-2-103. County to county -- Petition -- Election -- Ballots.
1216
[Whenever] (1) If a majority of the legal voters of any county desire to have the
1217
[territory included within the boundaries of such] county [annexed to] joined to and
1218
consolidated with an adjoining county, they may petition the county legislative body of the
1219
county in which they reside[, which is hereafter referred to as the county to be annexed, as well
1220
as] and the county legislative body of the adjoining county [to which they desire to be annexed,
1221
which shall hereafter be referred to as the annexing county. Such petition must].
1222
(2) Each petition under Subsection (1) shall be presented before the first Monday in
1223
June of any year[, and, if].
1224
(3) (a) If a petition under Subsection (1) is presented in a year during which a regular
1225
general election is held, the county legislative body [must cause said] of the originating county
1226
and the county legislative body of the consolidating county shall cause the proposition to be
1227
submitted to the legal voters of [each of said counties] their respective counties at the [ensuing]
1228
next regular general election[. If the petition].
1229
(b) If a petition under Subsection (1) is presented during a year in which there is no
1230
regular general election, the county legislative body [must] of the originating county and the
1231
county legislative body of the consolidating county shall:
1232
(i) call a special election to be held on the first Tuesday after the first Monday in
1233
November following the presentation of [such] the petition[,]; and [must]
1234
(ii) cause the proposition to be submitted to the legal voters of the respective counties
1235
on that day.
1236
(c) Except as otherwise provided[, such election] in this part, an election under this
1237
Subsection (3) shall be held, the results canvassed, and returns made under the provisions of
1238
the general election laws of the state.
1239
(d) The ballot to be used at an election under this Subsection (3) shall be:
1240
For [annexing] combining ____ county [to] with ____ county.
1241
Against [annexing] combining ____ county [to] with ____ county.
1242
Section 22.
Section
17-2-104
, which is renumbered from Section 17-2-3 is renumbered
1243
and amended to read:
1244
[17-2-3]. 17-2-104. Certification of election result to governor.
1245
[The certified abstract of such returns must be filed in the office of the lieutenant
1246
governor, and, if]
1247
If it appears [therefrom] from the certified report that the lieutenant governor receives
1248
under Section
20A-4-304
that a majority of the voters in each of the counties have voted in
1249
favor of [such annexation] consolidation, the lieutenant governor [must] shall certify the result
1250
of [such] the vote to the governor.
1251
Section 23.
Section
17-2-105
, which is renumbered from Section 17-2-4 is renumbered
1252
and amended to read:
1253
[17-2-4]. 17-2-105. Governor's proclamation -- Notice to lieutenant governor
1254
-- Effective date.
1255
(1) Upon receipt of the election result from the lieutenant governor under Section
1256
[
17-2-3
]
17-2-104
, the governor shall issue a proclamation, stating the result of the vote in each
1257
of the counties, and that the [annexation] consolidation of the one county [to] with the other
1258
will take effect as provided in Subsection (3).
1259
(2) [(a) Within 30 days after the issuance of the governor's proclamation under
1260
Subsection (1), the] The legislative body of the [annexing] consolidating county shall:
1261
(a) within 30 days after the issuance of the governor's proclamation under Subsection
1262
(1), send [a notice] to the lieutenant governor[.]:
1263
[(b) Each notice under Subsection (2)(a) shall include:]
1264
[(i) a copy of the governor's proclamation;]
1265
[(ii) a certification that all necessary legal requirements relating to the annexation have
1266
been completed; and]
1267
[(iii) a map or plat that delineates an accurate metes and bounds description of the
1268
annexing county following annexation.]
1269
(i) a copy of a notice of an impending boundary action, as defined in Section
67-1a-6.5
,
1270
that meets the requirements of Subsection
67-1a-6.5
(3); and
1271
(ii) a copy of a certified final boundary plat, as defined in Section
67-1a-6.5
; and
1272
(b) upon the lieutenant governor's issuance of a certificate of consolidation under
1273
Section
67-1a-6.5
, submit to the recorder of the consolidating county:
1274
(i) the original notice of an impending boundary action;
1275
(ii) the original certificate of consolidation; and
1276
(iii) the original certified final boundary plat.
1277
(3) [An annexation] (a) A consolidation of counties approved at an election under
1278
Section [
17-2-1
]
17-2-103
takes effect on January 1 of the year immediately following the
1279
lieutenant governor's issuance of [the: (a) governor's proclamation; and (b)] a certificate of
1280
consolidation [by the lieutenant governor] under Section
67-1a-6.5
.
1281
(b) (i) The effective date of a consolidation of counties for purposes of assessing
1282
property within the consolidating county is governed by Section
59-2-305.5
.
1283
(ii) Until the documents listed in Subsection (2)(b) are recorded in the office of the
1284
recorder of the county in which the property is located, a consolidating county may not:
1285
(A) levy or collect a property tax on property in the consolidating county that used to
1286
be in the originating county;
1287
(B) levy or collect an assessment on property in the consolidating county that used to
1288
be in the originating county; or
1289
(C) charge or collect a fee for service provided to property within the consolidating
1290
county that used to be in the originating county.
1291
Section 24.
Section
17-2-106
, which is renumbered from Section 17-2-5 is renumbered
1292
and amended to read:
1293
[17-2-5]. 17-2-106. Conditions of consolidation.
1294
[Whenever a majority of the legal voters of each of the counties to which the
1295
proposition is submitted vote in favor of annexing one county to another in the manner
1296
provided in this chapter such annexation shall be made under the following conditions:]
1297
[(1) Such annexation shall be complete and take effect on the first Monday of January
1298
following the day of the election at which such proposition was submitted.]
1299
[(2)] (1) All territory [theretofore] included within the boundaries of the originating
1300
county [annexed shall become] becomes, upon consolidation, the territory of the [annexing]
1301
consolidating county.
1302
[(3)] (2) The precincts and school districts existing in the originating county [annexed
1303
shall] continue and become precincts and school districts in the [annexing] consolidating
1304
county and [shall] remain as then organized until changed in the manner provided by law, and
1305
the officers of [such] those precincts and school districts [shall] hold their respective offices
1306
until the expiration of the applicable terms [thereof].
1307
[(4) All] (3) The ownership of all property, both real and personal, held and owned by
1308
the originating county [annexed shall be] at the time of consolidation is vested in the
1309
[annexing]
consolidating
county.
1310
[(5)] (4) The terms of all county officers in the originating county [annexed shall]
1311
terminate and cease on the day the [annexation] consolidation takes effect, and [it is made the
1312
duty of such] those officers [to] shall immediately deliver to the corresponding officers of the
1313
[annexing] consolidating county all books, records, and papers of the [annexed] originating
1314
county.
1315
[(6)] (5) Any person who is confined under lawful commitment in the county jail of the
1316
originating county [annexed], or otherwise lawfully held to answer for alleged violation of any
1317
of the criminal laws of this state, shall be immediately delivered to the sheriff of the [annexing]
1318
consolidating county, and such person shall be confined in its county jail for the unexpired
1319
term of the sentence or held as specified in the commitment.
1320
[(7)] (6) (a) All criminal proceedings pending in the originating county [annexed] shall
1321
be prosecuted to judgment and execution in the [annexing] consolidating county[; all].
1322
(b) All offenses [theretofore] committed in the originating county [annexed which shall
1323
not have] before consolidation that have not been prosecuted shall be prosecuted in the
1324
[annexing] consolidating county.
1325
[(8)] (7) All actions, proceedings, and matters pending in the district court of the
1326
originating county [annexed] may be proceeded with in the district court of the [annexing]
1327
consolidating county.
1328
[(9)] (8) All indebtedness of the originating county [annexed shall be] are transferred to
1329
and become the indebtedness of the [annexing] consolidating county with the same effect as if
1330
it had been incurred by [such] the consolidating county.
1331
Section 25.
Section
17-2-201
is enacted to read:
1332
Part 2. County Annexation
1333
17-2-201. Title.
1334
This part is known as "County Annexation."
1335
Section 26.
Section
17-2-202
is enacted to read:
1336
17-2-202. Definitions.
1337
As used in this part:
1338
(1) "Annexing county" means the county to which a portion of an adjoining county is
1339
annexed or proposed to be annexed as provided in this part.
1340
(2) "Initiating county" means the county, from which a portion is annexed or proposed
1341
to be annexed to an adjoining county.
1342
Section 27.
Section
17-2-203
, which is renumbered from Section 17-2-6 is renumbered
1343
and amended to read:
1344
[17-2-6]. 17-2-203. Annexation of portion of county to adjoining county --
1345
Petition -- Election -- Ballots.
1346
(1) (a) Except as provided in Section [
17-2-13
, whenever]
17-2-209
, if a majority of
1347
the legal voters of any portion of any county, in number equal to a majority of the votes cast at
1348
the preceding general election within that portion of the county, desire to have the territory
1349
within which they reside included within the boundaries of an adjoining county, they may
1350
petition the county legislative body of the county in which they reside[, which is hereafter
1351
referred to as the county from which territory is to be taken, as well as] and the county
1352
legislative body of the adjoining county [to which they desire to be annexed, which is referred
1353
to as the annexing county].
1354
(b) [Such] Each petition [must] under Subsection (1)(a) shall be presented before the
1355
first Monday in June of a year during which a general election is held[, and the county].
1356
(c) If a petition is presented under Subsection (1)(a), at the ensuing regular general
1357
election:
1358
(i) the legislative body [must] of the initiating county shall cause [such] the proposition
1359
to be submitted to the legal voters residing in the initiating county [from which territory is to be
1360
taken as well as]; and
1361
(ii) the legislative body of the annexing county shall cause the proposition to be
1362
submitted to the legal voters of the annexing county [at the ensuing general election].
1363
(2) (a) Except as otherwise provided, the election provided in Subsection (1) shall be
1364
held, the results canvassed, and returns made under the provisions of the general election laws
1365
of the state.
1366
(b) The ballot to be used shall be:
1367
For annexing a portion of ____ county to ____ county.
1368
Against annexing a portion of ____ county to ____ county.
1369
Section 28.
Section
17-2-204
, which is renumbered from Section 17-2-8 is renumbered
1370
and amended to read:
1371
[17-2-8]. 17-2-204. Certification of election result to governor.
1372
[(1) The certified abstract under Section
17-2-7
shall be filed in the office of the
1373
lieutenant governor.]
1374
[(2)] In an election held under Subsection [
17-2-6
(1)]
17-2-203
(1), if it appears from
1375
the certified [abstracts] report that the lieutenant governor receives under Section
20A-4-304
1376
that a majority [in each county] of those voting in each county have voted in favor of [such] the
1377
annexation, the lieutenant governor shall certify the result of [such] the vote to the governor.
1378
Section 29.
Section
17-2-205
, which is renumbered from Section 17-2-9 is renumbered
1379
and amended to read:
1380
[17-2-9]. 17-2-205. Governor's proclamation -- Notice to lieutenant governor
1381
-- When annexation effective.
1382
(1) Upon receipt of the lieutenant governor's certification under Section [
17-2-8
]
1383
17-2-204
, the governor shall issue a proclamation, stating the result of the vote in each county,
1384
and that the annexation of the territory to the annexing county will take effect as provided in
1385
Subsection (3).
1386
(2) [(a) Within 30 days after the issuance of the governor's proclamation under
1387
Subsection (1), the] The legislative body of the annexing county shall:
1388
(a) within 30 days after the issuance of the governor's proclamation under Subsection
1389
(1), send [a notice] to the lieutenant governor[.]:
1390
[(b) Each notice under Subsection (2)(a) shall include:]
1391
[(i) a copy of the governor's proclamation;]
1392
[(ii) a certification that all necessary legal requirements relating to the annexation have
1393
been completed; and]
1394
[(iii) a map or plat that delineates an accurate metes and bounds description of the area
1395
that was annexed.]
1396
(i) a copy of a notice of an impending boundary action, as defined in Section
67-1a-6.5
,
1397
that meets the requirements of Subsection
67-1a-6.5
(3); and
1398
(ii) a copy of a certified final boundary plat, as defined in Section
67-1a-6.5
; and
1399
(b) upon the lieutenant governor's issuance of a certificate of annexation under Section
1400
67-1a-6.5
, submit to the recorder of the annexing county:
1401
(i) the original notice of an impending boundary action;
1402
(ii) the original certificate of consolidation; and
1403
(iii) the original certified final boundary plat.
1404
(3) (a) An annexation approved at an election under Section [
17-2-6
]
17-2-203
takes
1405
effect on January 1 of the year immediately following [issuance of the: (a) governor's
1406
proclamation; and (b)] the lieutenant governor's issuance of a certificate of [boundary change
1407
by the lieutenant governor] annexation under Section
67-1a-6.5
.
1408
(b) (i) The effective date of a county annexation for purposes of assessing property
1409
within the annexing county is governed by Section
59-2-305.5
.
1410
(ii) Until the documents listed in Subsection (2)(b) are recorded in the office of the
1411
recorder of the county in which the property is located, an annexing county may not:
1412
(A) levy or collect a property tax on property in the annexing county that used to be in
1413
the initiating county;
1414
(B) levy or collect an assessment on property in the annexing county that used to be in
1415
the initiating county; or
1416
(C) charge or collect a fee for service provided to property within the annexing county
1417
that used to be in the initiating county.
1418
Section 30.
Section
17-2-206
, which is renumbered from Section 17-2-10 is
1419
renumbered and amended to read:
1420
[17-2-10]. 17-2-206. Territory becomes part of annexing county -- Division of
1421
revenues.
1422
(1) Upon the effective date of the annexation, all the area proposed to be annexed shall
1423
become part of the annexing county.
1424
(2) (a) The legislative body of the initiating county [in which the area proposed to be
1425
annexed is located before annexation] shall:
1426
(i) until the date of annexation, continue:
1427
(A) to levy and collect ad valorem property tax and other revenues from or pertaining
1428
to the area; and
1429
(B) except as otherwise agreed with the annexing county, to provide the same services
1430
to the area proposed to be annexed as the initiating county provided before the commencement
1431
of the annexation proceedings; and
1432
(ii) after annexation, share pro rata with the annexing county the taxes and service
1433
charges or fees levied and collected by the initiating county during the year of the annexation if
1434
and to the extent that the annexing county provides, by itself or by contract, the same services
1435
for which the initiating county levied and collected the taxes and service charges or fees.
1436
(b) The pro rata allocation of taxes under Subsection (2)(a)(ii) shall be based on the
1437
date of annexation, and the pro rata allocation of service charges and fees shall be based on the
1438
proportion of services related to the service charges and fees that remain to be rendered after
1439
annexation.
1440
Section 31.
Section
17-2-207
, which is renumbered from Section 17-2-11 is
1441
renumbered and amended to read:
1442
[17-2-11]. 17-2-207. Effect on precincts and school districts -- Assumption of
1443
indebtedness.
1444
(1) The precincts and school districts in the annexed territory [shall]:
1445
(a) continue[, and shall];
1446
(b) become precincts and school districts in the annexing county; and [shall]
1447
(c) remain as then organized until changed in the manner provided by law[, and the].
1448
(2) The officers of [such] those precincts and school districts [shall] hold their
1449
respective offices until the expiration of [the] their terms [thereof; provided, that whenever
1450
pursuant to the provisions of this chapter any].
1451
(3) If a precinct or school district [shall be] is divided [the same shall become] because
1452
of a county annexation under this part:
1453
(a) the precinct or school district is disorganized, and the property and territory
1454
embraced [therein shall be] in the precinct or school district is subject to the action of the
1455
county legislative body of the respective counties[; provided further, that]; and
1456
(b) any bonded or other indebtedness of [any such] a school district [shall attach]
1457
attaches to[,] and [become] becomes the obligation of[,] the district that [shall be] is created
1458
out of the territory that [shall retain] retains the buildings and other property of the original
1459
district.
1460
Section 32.
Section
17-2-208
, which is renumbered from Section 17-2-12 is
1461
renumbered and amended to read:
1462
[17-2-12]. 17-2-208. Pending criminal proceedings.
1463
All criminal proceedings and actions [which shall be] pending in the annexed territory
1464
at the time of annexation shall be prosecuted to judgment and execution in [such] the annexed
1465
territory as part of the annexing county. All offenses [theretofore] committed in the annexed
1466
territory [which shall not] before annexation that have not been prosecuted may be prosecuted
1467
to judgment and execution in [such] the annexed territory or any part of the annexing county.
1468
Section 33.
Section
17-2-209
, which is renumbered from Section 17-2-13 is
1469
renumbered and amended to read:
1470
[17-2-13]. 17-2-209. Minor adjustments to county boundaries authorized --
1471
Public hearing -- Joint resolution of county legislative bodies -- Notice to lieutenant
1472
governor.
1473
(1) Counties sharing a common boundary may, in accordance with the provisions of
1474
Subsection (2) and Article XI, Section 3, of the Utah Constitution, adjust all or part of the
1475
common boundary to move it up to 1,000 feet from its location before the adjustment.
1476
(2) The legislative bodies of both counties desiring to adjust a common boundary in
1477
accordance with Subsection (1) shall:
1478
(a) hold a joint public hearing on the proposed boundary adjustment;
1479
(b) in addition to the regular notice required for public meetings of the county
1480
legislative bodies, mail written notice to all real property owners of record whose property may
1481