Third Substitute S.B. 208

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House Floor Amendments 3-11-2009 je/ Representative John Dougall proposes the following substitute bill:

1 UTAH PUBLIC NOTICE WEBSITE
2 AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Stephen H. Urquhart
6 House Sponsor: Kevin S. Garn

7 Cosponsors: 8 Gregory S. Bell 9 Curtis S. Bramble 10 D. Chris Buttars 11 Allen M. Christensen 12 Margaret Dayton 13 Brent H. Goodfellow

Jon J. Greiner David P. Hinkins Scott K. Jenkins Sheldon L. Killpack Daniel R. Liljenquist Mark B. Madsen

Karen W. Morgan Wayne L. Niederhauser Ralph Okerlund Luz Robles Howard A. Stephenson Michael G. Waddoups

14
15 LONG TITLE
16 General Description:
17 This bill amends H. [ provisions of the Utah Public Notice Website. ] amends provisions of
17a the Utah Code to allow posting of legal notices on a website. .H
18 Highlighted Provisions:
19 This bill:
20 . H. [ amends provisions of the Utah Public Notice Website to include posting legal
21 notices ] amends provisions of the Utah Code to allow posting of legal notices on a website .H ;
21a and
22 . makes technical corrections.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill coordinates with H.B. 67, Public Hearings on Property Tax Increases by

27 providing substantive and technical changes.
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- 2 - 28 This bill coordinates with S.B. 65, Amendments to Property Tax Notice, Public
29 Hearing, and Resolution Provisions, by providing substantive, superseding, and
30 technical changes.
31 This bill coordinates with S.B. 73, Unincorporated Areas Amendments, by providing
32 substantive and technical changes
33 This bill coordinates with S.B. 209, Land Use, Development, and Management Act
34 Amendments, providing substantive and technical changes.
35 Utah Code Sections Affected:
36 AMENDS:
37 3-1-7, as last amended by Laws of Utah 1994, Chapter 204
38 4-17-7, as last amended by Laws of Utah 1985, Chapter 18
39 4-30-5, as enacted by Laws of Utah 1979, Chapter 2
40 6-1-5, Utah Code Annotated 1953
41 7-1-704, as last amended by Laws of Utah 2008, Chapter 382
42 7-1-706, as last amended by Laws of Utah 1997, Chapter 91
43 7-1-709, as last amended by Laws of Utah 1995, Chapter 49
44 7-2-6, as last amended by Laws of Utah 1994, Chapter 200
45 7-7-10, as last amended by Laws of Utah 2003, Chapter 327
46 8-5-6, as last amended by Laws of Utah 2002, Chapter 123
47 9-3-409, as last amended by Laws of Utah 2005, Chapter 105
48 9-8-805, as renumbered and amended by Laws of Utah 1992, Chapter 241
49 10-2-108, as repealed and reenacted by Laws of Utah 1997, Chapter 389
50 10-2-111, as repealed and reenacted by Laws of Utah 1997, Chapter 389
51 10-2-114, as last amended by Laws of Utah 2008, Chapter 19
52 10-2-115, as last amended by Laws of Utah 2000, Chapter 1
53 10-2-116, as enacted by Laws of Utah 1997, Chapter 389
54 10-2-125, as last amended by Laws of Utah 2008, Chapters 16 and 19
55 10-2-406, as last amended by Laws of Utah 2007, Chapter 329
56 10-2-407, as last amended by Laws of Utah 2003, Chapter 211
57 10-2-415, as last amended by Laws of Utah 2001, Chapter 206
58 10-2-418, as last amended by Laws of Utah 2007, Chapters 329 and 378

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- 3 - 59 10-2-419, as last amended by Laws of Utah 2007, Chapter 329
60 10-2-501, as last amended by Laws of Utah 2003, Chapter 279
61 10-2-502.5, as renumbered and amended by Laws of Utah 2003, Chapter 279
62 10-2-607, as last amended by Laws of Utah 1993, Chapter 227
63 10-2-703, as enacted by Laws of Utah 1977, Chapter 48
64 10-2-708, as enacted by Laws of Utah 1977, Chapter 48
65 10-3-818, as last amended by Laws of Utah 2008, Chapter 250
66 10-5-108, as last amended by Laws of Utah 2001, Chapter 178
67 10-6-113, as enacted by Laws of Utah 1979, Chapter 26
68 10-6-152, as last amended by Laws of Utah 1993, Chapter 4
69 10-7-16, as last amended by Laws of Utah 2002, Chapter 90
70 10-7-19, Utah Code Annotated 1953
71 10-8-2, as last amended by Laws of Utah 2008, Chapters 3 and 382
72 10-9a-204, as enacted by Laws of Utah 2005, Chapter 254
73 10-9a-205, as enacted by Laws of Utah 2005, Chapter 254
74 10-9a-208, as last amended by Laws of Utah 2006, Chapter 240
75 10-18-203, as enacted by Laws of Utah 2001, Chapter 83
76 10-18-302, as last amended by Laws of Utah 2008, Chapter 382
77 10-18-303, as enacted by Laws of Utah 2001, Chapter 83
78 11-13-219, as last amended by Laws of Utah 2005, Chapter 105
79 11-14-202, as last amended by Laws of Utah 2006, Chapter 83
80 11-14-315, as last amended by Laws of Utah 2006, Chapter 83
81 11-14-316, as last amended by Laws of Utah 2006, Chapter 83
82 11-14-318, as enacted by Laws of Utah 2008, Chapter 21
83 11-14a-1, as last amended by Laws of Utah 2007, Chapter 329
84 11-17-16, as last amended by Laws of Utah 1988, Third Special Session, Chapter 1
85 11-27-4, as enacted by Laws of Utah 1981, Chapter 43
86 11-27-5, as enacted by Laws of Utah 1981, Chapter 43
87 11-30-5, as last amended by Laws of Utah 1997, Chapter 84
88 11-32-10, as enacted by Laws of Utah 1987, Chapter 143
89 11-32-11, as enacted by Laws of Utah 1987, Chapter 143

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- 4 - 90 11-39-103, as last amended by Laws of Utah 2007, Chapter 329
91 11-42-202, as enacted by Laws of Utah 2007, Chapter 329
92 11-42-301, as enacted by Laws of Utah 2007, Chapter 329
93 11-42-402, as enacted by Laws of Utah 2007, Chapter 329
94 11-42-404, as enacted by Laws of Utah 2007, Chapter 329
95 11-42-604, as enacted by Laws of Utah 2007, Chapter 329
96 13-31-302, as enacted by Laws of Utah 1998, Chapter 349
97 13-44-202, as enacted by Laws of Utah 2006, Chapter 343
98 16-4-206, as enacted by Laws of Utah 2007, Chapter 367
99 16-4-303, as enacted by Laws of Utah 2007, Chapter 367
100 16-4-312, as enacted by Laws of Utah 2007, Chapter 367
101 16-6a-103, as enacted by Laws of Utah 2000, Chapter 300
102 16-6a-704, as enacted by Laws of Utah 2000, Chapter 300
103 16-6a-814, as last amended by Laws of Utah 2006, Chapter 228
104 16-6a-1407, as last amended by Laws of Utah 2008, Chapter 364
105 16-10a-103, as last amended by Laws of Utah 2008, Chapter 364
106 16-10a-1407, as last amended by Laws of Utah 2008, Chapter 364
107 16-16-1209, as enacted by Laws of Utah 2008, Chapter 363
108 17-27a-204, as enacted by Laws of Utah 2005, Chapter 254
109 17-27a-205, as enacted by Laws of Utah 2005, Chapter 254
110 17-27a-208, as last amended by Laws of Utah 2006, Chapter 240
111 17-27a-306, as last amended by Laws of Utah 2008, Chapter 250
112 17-27a-404, as renumbered and amended by Laws of Utah 2005, Chapter 254
113 17-30-6, as last amended by Laws of Utah 1993, Chapter 234
114 17-36-12, as last amended by Laws of Utah 1979, Chapter 62
115 17-36-25, as enacted by Laws of Utah 1975, Chapter 22
116 17-36-26, as enacted by Laws of Utah 1975, Chapter 22
117 17-36-40, as enacted by Laws of Utah 1983, Chapter 73
118 17-41-302, as last amended by Laws of Utah 2006, Chapter 194
119 17-41-304, as last amended by Laws of Utah 2006, Chapter 194
120 17-41-405, as last amended by Laws of Utah 2006, Chapter 194

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- 5 - 121 17-52-101, as last amended by Laws of Utah 2001, Chapter 241
122 17-53-208, as last amended by Laws of Utah 2006, Chapter 192
123 17A-3-914, as last amended by Laws of Utah 1991, Chapter 5
124 17A-3-915, as renumbered and amended by Laws of Utah 1990, Chapter 186
125 17B-1-211, as renumbered and amended by Laws of Utah 2007, Chapter 329
126 17B-1-304, as renumbered and amended by Laws of Utah 2007, Chapter 329
127 17B-1-306, as last amended by Laws of Utah 2008, Chapters 54, 182, and 360
128 17B-1-313, as enacted by Laws of Utah 2007, Chapter 329
129 17B-1-413, as renumbered and amended by Laws of Utah 2007, Chapter 329
130 17B-1-417, as renumbered and amended by Laws of Utah 2007, Chapter 329
131 17B-1-512, as renumbered and amended by Laws of Utah 2007, Chapter 329
132 17B-1-609, as renumbered and amended by Laws of Utah 2007, Chapter 329
133 17B-1-643, as last amended by Laws of Utah 2008, Chapter 360
134 17B-1-1204, as enacted by Laws of Utah 2007, Chapter 329
135 17B-1-1307, as renumbered and amended by Laws of Utah 2007, Chapter 329
136 17C-1-601, as renumbered and amended by Laws of Utah 2006, Chapter 359
137 17C-2-108, as renumbered and amended by Laws of Utah 2006, Chapter 359
138 17C-2-403, as renumbered and amended by Laws of Utah 2006, Chapter 359
139 17C-3-107, as enacted by Laws of Utah 2006, Chapter 359
140 17C-3-303, as enacted by Laws of Utah 2006, Chapter 359
141 17C-4-106, as enacted by Laws of Utah 2006, Chapter 359
142 17C-4-202, as last amended by Laws of Utah 2007, Chapter 364
143 17C-4-302, as enacted by Laws of Utah 2006, Chapter 359
144 17D-1-205, as enacted by Laws of Utah 2008, Chapter 360
145 17D-2-601, as enacted by Laws of Utah 2008, Chapter 360
146 17D-3-305, as enacted by Laws of Utah 2008, Chapter 360
147 19-2-109, as renumbered and amended by Laws of Utah 1991, Chapter 112
148 19-5-110, as renumbered and amended by Laws of Utah 1991, Chapter 112
149 19-6-712, as enacted by Laws of Utah 1993, Chapter 283
150 20A-3-201, as last amended by Laws of Utah 2006, Chapter 326
151 20A-3-603, as last amended by Laws of Utah 2008, Chapter 53

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- 6 - 152 20A-3-604, as enacted by Laws of Utah 2006, Chapter 264
153 20A-5-101, as last amended by Laws of Utah 2007, Chapters 238 and 329
154 20A-5-405, as last amended by Laws of Utah 2007, Chapter 75
155 20A-7-204.1, as last amended by Laws of Utah 2005, Chapter 236
156 20A-9-203, as last amended by Laws of Utah 2008, Chapters 13, 19, and 225
157 23-21-1.5, as last amended by Laws of Utah 1998, Chapter 218
158 24-1-4, as last amended by Laws of Utah 2004, Chapter 296
159 26-8a-405.3, as last amended by Laws of Utah 2008, Chapter 382
160 26-8a-406, as last amended by Laws of Utah 2003, Chapter 213
161 26-19-6, as last amended by Laws of Utah 2004, Chapter 72
162 31A-2-303, as last amended by Laws of Utah 1987, Chapter 161
163 31A-27a-406, as enacted by Laws of Utah 2007, Chapter 309
164 38-2-3.2, as last amended by Laws of Utah 2007, Chapter 306
165 38-8-3, as last amended by Laws of Utah 1984, Chapter 66
166 38-13-204, as enacted by Laws of Utah 2005, Chapter 187
167 39-1-15, Utah Code Annotated 1953
168 40-6-10, as last amended by Laws of Utah 2008, Chapter 382
169 40-8-8, as last amended by Laws of Utah 2002, Chapter 194
170 40-8-10, as last amended by Laws of Utah 1987, Chapter 161
171 40-8-13, as last amended by Laws of Utah 2003, Chapter 35
172 40-10-13, as last amended by Laws of Utah 2008, Chapter 382
173 40-10-17 (Subsect (2)(t)(ii) Repeal 09/30/09), as last amended by Laws of Utah 2004,
174 Chapter 230
175 40-10-27, as last amended by Laws of Utah 1997, Chapter 135
176 41-1a-1103, as last amended by Laws of Utah 2005, Chapter 56
177 47-2-4, as last amended by Laws of Utah 2000, Chapter 75
178 48-2c-1306, as last amended by Laws of Utah 2008, Chapter 364
179 52-4-202, as last amended by Laws of Utah 2008, Chapters 234 and 360
180 53A-3-202, as last amended by Laws of Utah 2007, Chapter 375
181 53A-3-402, as last amended by Laws of Utah 2007, Chapter 92
182 53A-18-104, as enacted by Laws of Utah 1988, Chapter 2

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- 7 - 183 53A-19-102, as last amended by Laws of Utah 2008, Chapters 61, 231, and 236
184 53A-19-104, as enacted by Laws of Utah 1988, Chapter 2
185 53B-3-107, as last amended by Laws of Utah 1997, Chapter 116
186 53B-7-101.5, as enacted by Laws of Utah 2001, Chapter 186
187 54-4-27, Utah Code Annotated 1953
188 54-7-17, as last amended by Laws of Utah 1987, Chapter 161
189 54-8-10, as enacted by Laws of Utah 1969, Chapter 157
190 54-8-16, as enacted by Laws of Utah 1969, Chapter 157
191 54-8-23, as enacted by Laws of Utah 1969, Chapter 157
192 57-1-25, as last amended by Laws of Utah 2002, Chapter 209
193 57-11-11, as last amended by Laws of Utah 2000, Chapter 86
194 59-2-918, as last amended by Laws of Utah 2008, Chapters 61, 231, and 236
195 59-2-919, as last amended by Laws of Utah 2008, Chapters 231 and 301
196 59-2-924, as last amended by Laws of Utah 2008, Chapters 61, 118, 231, 236, 330, 360,
197 and 382
198 59-2-926, as last amended by Laws of Utah 2008, Chapter 330
199 59-2-1303, as last amended by Laws of Utah 1999, Chapter 207
200 59-2-1309, as last amended by Laws of Utah 1997, Chapter 360
201 59-2-1310, as last amended by Laws of Utah 1995, Chapter 198
202 59-2-1332, as last amended by Laws of Utah 1997, Chapter 143
203 59-2-1332.5, as last amended by Laws of Utah 2002, Chapter 30
204 59-2-1351, as last amended by Laws of Utah 2000, Chapter 75
205 59-12-402, as last amended by Laws of Utah 2008, Chapter 384
206 59-12-1001, as last amended by Laws of Utah 2008, Chapters 382 and 384
207 59-12-1102, as last amended by Laws of Utah 2008, Chapters 237, 382, and 384
208 63B-1-317, as renumbered and amended by Laws of Utah 2003, Chapter 86
209 63B-1a-501, as enacted by Laws of Utah 2003, Chapter 2
210 63B-2-116, as last amended by Laws of Utah 2005, Chapter 105
211 63B-2-216, as last amended by Laws of Utah 2005, Chapter 105
212 63B-3-116, as last amended by Laws of Utah 2005, Chapter 105
213 63B-3-216, as last amended by Laws of Utah 2005, Chapter 105

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- 8 - 214 63B-4-116, as last amended by Laws of Utah 2005, Chapter 105
215 63B-5-116, as last amended by Laws of Utah 2005, Chapter 105
216 63B-6-116, as last amended by Laws of Utah 2005, Chapter 105
217 63B-6-216, as last amended by Laws of Utah 2005, Chapter 105
218 63B-6-416, as last amended by Laws of Utah 2005, Chapter 105
219 63B-7-116, as last amended by Laws of Utah 2005, Chapter 105
220 63B-7-216, as last amended by Laws of Utah 2005, Chapter 105
221 63B-7-416, as last amended by Laws of Utah 2005, Chapter 105
222 63B-8-116, as last amended by Laws of Utah 2005, Chapter 105
223 63B-8-216, as last amended by Laws of Utah 2005, Chapter 105
224 63B-8-416, as last amended by Laws of Utah 2005, Chapter 105
225 63B-10-116, as last amended by Laws of Utah 2005, Chapter 105
226 63B-11-116, as last amended by Laws of Utah 2005, Chapter 105
227 63B-11-216, as last amended by Laws of Utah 2005, Chapter 105
228 63B-11-316, as last amended by Laws of Utah 2005, Chapter 105
229 63B-11-516, as last amended by Laws of Utah 2005, Chapter 105
230 63C-7-306, as enacted by Laws of Utah 1997, Chapter 136
231 63G-6-401, as renumbered and amended by Laws of Utah 2008, Chapter 382
232 63G-9-303, as renumbered and amended by Laws of Utah 2008, Chapter 382
233 63H-1-403, as enacted by Laws of Utah 2007, Chapter 23
234 63H-1-701, as enacted by Laws of Utah 2007, Chapter 23
235 63H-1-801, as enacted by Laws of Utah 2007, Chapter 23
236 67-4a-402, as last amended by Laws of Utah 2007, Chapter 18
237 67-4a-403, as last amended by Laws of Utah 2007, Chapter 18
238 72-3-108, as last amended by Laws of Utah 2000, Chapter 324
239 72-5-105, as last amended by Laws of Utah 2006, Chapter 101
240 72-6-108, as last amended by Laws of Utah 2008, Chapter 382
241 73-1-4, as last amended by Laws of Utah 2008, Chapters 380 and 382
242 73-1-16, Utah Code Annotated 1953
243 73-3-6, as last amended by Laws of Utah 2003, Chapter 99
244 73-3-12, as last amended by Laws of Utah 2008, Chapters 52 and 311

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- 9 - 245 73-3a-107, as last amended by Laws of Utah 2003, Chapter 99
246 73-4-3, as last amended by Laws of Utah 2007, Chapter 136
247 73-4-4, as last amended by Laws of Utah 2007, Chapter 136
248 73-4-9, Utah Code Annotated 1953
249 73-5-14, Utah Code Annotated 1953
250 73-5-15, as last amended by Laws of Utah 2008, Chapters 360 and 382
251 73-6-2, Utah Code Annotated 1953
252 75-1-401, as last amended by Laws of Utah 1977, Chapter 194
253 75-3-801, as last amended by Laws of Utah 1992, Chapter 179
254 75-7-508, as last amended by Laws of Utah 2007, Chapter 64
255 76-8-809, as enacted by Laws of Utah 1973, Chapter 196
256 76-10-530, as last amended by Laws of Utah 2003, Chapter 203
257 77-24a-5, as last amended by Laws of Utah 2005, Chapter 126
258 78A-6-109, as renumbered and amended by Laws of Utah 2008, Chapter 3
259 78B-5-613, as enacted by Laws of Utah 2008, Chapter 3
260 ENACTS:
261 45-1-101, Utah Code Annotated 1953
262 RENUMBERS AND AMENDS:
263 45-1-201, (Renumbered from 45-1-1, Utah Code Annotated 1953)
264 45-1-202, (Renumbered from 45-1-2, as last amended by Laws of Utah 2003, Chapter
265 292)
266 45-1-301, (Renumbered from 45-1-4, as enacted by Laws of Utah 1971, Chapter 108)
267 45-1-302, (Renumbered from 45-1-5, as enacted by Laws of Utah 1971, Chapter 108)
268 45-1-303, (Renumbered from 45-1-6, as enacted by Laws of Utah 1971, Chapter 108)
269 45-1-304, (Renumbered from 45-1-7, as enacted by Laws of Utah 1971, Chapter 108)
270
271 Be it enacted by the Legislature of the state of Utah:
272 Section 1. Section 3-1-7 is amended to read:
273 3-1-7. Amendments to articles of incorporation.
274 (1) An association may amend its articles of incorporation by the affirmative vote of a
275 majority of the members voting at:

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- 10 - 276 (a) a regular meeting; or
277 (b) a special meeting called for that purpose.
278 (2) Written notice of the proposed amendment and of the time and place of the meeting
279 shall be provided to the members of the association by any one of the following procedures:
280 (a) by mail at the last-known address at least ten days prior to the meeting;
281 (b) by personal delivery at least ten days prior to the meeting; or
282 (c) by publication not less than ten days or more than 60 days prior to the meeting:
283 (i) in a periodical published by or for the association, to which substantially all of its
284 members are subscribers[,] or;
285 (ii) in a newspaper or newspapers whose combined circulation is general in the
286 territory in which the association operates[.]; and
287 (iii) as required in Section 45-1-101 .
288 (3) In addition to one of the means set forth in Subsection (2), the association may give
289 notice by any method established pursuant to the articles of incorporation or bylaws of the
290 association.
291 (4) The bylaws may require that the notice period be longer than ten days.
292 (5) An amendment affecting the preferential rights of any outstanding preferred stock
293 may not be adopted until the written consent of the holders of a majority of the outstanding
294 preference shares has been obtained.
295 (6) After an amendment has been adopted, articles of amendment shall be:
296 (a) prepared, in duplicate, setting forth the amendment and the fact of the adoption;
297 (b) signed and acknowledged by the president, chair, vice president, or vice chair and
298 by the secretary or treasurer; and
299 (c) filed in the same manner as the original articles of incorporation.
300 Section 2. Section 4-17-7 is amended to read:
301 4-17-7. Notice of noxious weeds to be published annually in county -- Notice to
302 particular property owners to control noxious weeds -- Methods of prevention or control
303 specified -- Failure to control noxious weeds considered public nuisance.
304 (1) Each county weed control board before May 1 of each year shall post a general
305 notice of the noxious weeds within the county in at least three public places within the county
306 and publish the same notice on:

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- 11 - 307 (a) at least three occasions in a newspaper or other publication of general circulation
308 within the county[.]; and
309 (b) as required in Section 45-1-101 .
310 (2) If the county weed control board determines that particular property within the
311 county requires prompt and definite attention to prevent or control noxious weeds, it shall serve
312 the owner or the person in possession of the property, personally or by certified mail, a notice
313 specifying when and what action should be taken on the property. Methods of prevention or
314 control may include definite systems of tillage, cropping, use of chemicals, and use of
315 livestock.
316 (3) An owner or person in possession of property who fails to take action to control or
317 prevent the spread of noxious weeds as specified in the notice is maintaining a public nuisance.
318 Section 3. Section 4-30-5 is amended to read:
319 4-30-5. Hearing on license application -- Notice of hearing.
320 (1) Upon the filing of an application, the chairman of the Livestock Market Committee
321 shall set a time for hearing on the application in the city or town nearest the proposed site of the
322 livestock market and cause notice of the time and place of the hearing together with a copy of
323 the application to be forwarded by mail, not less than 15 days before the hearing date, to the
324 following:
325 (a) each licensed livestock market operator within the state; and
326 (b) each livestock or other interested association or group of persons in the state that
327 has filed written notice with the committee requesting receipt of notice of such hearings.
328 (2) Notice of the hearing shall be published 14 days before the scheduled hearing date:
329 (i) in a daily or weekly newspaper of general circulation within the city or town where
330 the hearing is scheduled[.]; and
331 (ii) as required in Section 45-1-101 .
332 Section 4. Section 6-1-5 is amended to read:
333 6-1-5. Notice of assignment.
334 The assignee shall forthwith give notice of such assignment [by publication in some]:
335 (1) (a) by publication once a week for six weeks:
336 (i) in a newspaper published in the county[,]; or[, if none,]
337 (ii) if there is not a newspaper as described in Subsection (1)(a)(i), in a newspaper

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- 12 - 338 [having] of general circulation [therein, which notice shall be published at least once a week
339 for six weeks; and shall forthwith send a notice] in the county; and
340 (b) by publication as required in Section 45-1-101 for six weeks; and
341 (2) by mail to each creditor of whom he shall be informed, directed to his usual place
342 of residence, requiring such creditor to present to him within three months thereafter his claims
343 under oath.
344 Section 5. Section 7-1-704 is amended to read:
345 7-1-704. Authorization required to engage in business -- Exemptions --
346 Procedure.
347 (1) (a) An institution subject to the jurisdiction of the department may maintain an
348 office in this state or engage in the activities of a financial institution in this state only if it is
349 authorized to do so by the department.
350 (b) This Subsection (1) does not apply to:
351 (i) any person who is lawfully engaging in the activities of a financial institution in this
352 state on July 1, 1981, unless the institution was not subject to the jurisdiction of the department
353 before that date;
354 (ii) an application to establish a branch or additional office; or
355 (iii) the establishment of a service corporation or service organization.
356 (2) An applicant for authorization to become an institution subject to the jurisdiction of
357 the department shall pay to the department the appropriate filing fee, as provided in Section
358 7-1-401 , and shall file with the commissioner:
359 (a) its undertaking to pay all expenses incurred in conducting any administrative
360 proceedings forming part of the department's consideration of the application;
361 (b) its proposed articles of incorporation and by-laws;
362 (c) an application in a form prescribed by the commissioner that includes all
363 information the commissioner requires about the source of the proposed original capital and
364 about the identity, personal history, business background and experience, financial condition,
365 and participation in any litigation or administrative proceeding of the organizers, the proposed
366 members of the board of directors, and the principal officers; and
367 (d) any other information the commissioner requires.
368 (3) In addition to the requirements of Title 63G, Chapter 4, Administrative Procedures

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- 13 - 369 Act, the commissioner shall, at the expense of the applicant:
370 (a) (i) give notice of the application by publication in three successive issues of a
371 newspaper of general circulation in the county where the principal place of business is to be
372 established; and
373 (ii) give notice of the application by publication as required in Section 45-1-101 ; and
374 (b) give notice of the application to other institutions subject to the jurisdiction of the
375 department in a manner and to an extent the commissioner considers appropriate;
376 (c) cause the appropriate supervisor to make a careful investigation and examination of
377 the following:
378 (i) the character, reputation, and financial standing and ability of the organizers;
379 (ii) the character, financial responsibility, experience, and business qualifications of
380 those proposed as officers;
381 (iii) the character and standing in the community of those proposed as directors,
382 principal stockholders, or owners;
383 (iv) the need in the service area where the institution would be located, giving
384 particular consideration to the adequacy of existing financial facilities and the effect the
385 proposed institution would have on existing institutions in the area;
386 (v) the ability of the proposed service area to support the proposed institution,
387 including the extent and nature of existing competition, the economic history and future
388 prospects of the community, and the opportunity for profitable employment of financial
389 institution funds; and
390 (vi) other facts and circumstances bearing on the proposed institution that the
391 supervisor considers relevant.
392 (4) (a) The supervisor shall submit findings and recommendations in writing to the
393 commissioner.
394 (b) The application, any additional information furnished by the applicant, and the
395 findings and recommendations of the supervisor may be inspected by any person at the
396 department's office, except those portions of the application or report the commissioner
397 declares to be confidential, pursuant to the applicant's request, in order to prevent a clearly
398 unwarranted invasion of privacy.
399 (5) (a) If a hearing is held, the applicant shall publish notice of the hearing at the

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- 14 - 400 applicant's expense:
401 (i) in a newspaper of general circulation within the county where the proposed
402 institution is to be located at least once a week for three successive weeks before the date of
403 hearing[.]; and
404 (ii) as required in Section 45-1-101 for three weeks before the date of the hearing.
405 (b) The notice shall include the date, time, and place of the hearing and any other
406 information required by the commissioner.
407 (c) The commissioner shall act on the record before him within 30 days after receipt of
408 the transcript of the hearing.
409 (6) If no hearing is held, the commissioner may, within 90 days of acceptance of the
410 application as complete, approve or disapprove the application based on the papers filed with
411 him, together with the supervisor's findings and recommendations.
412 (7) (a) The commissioner may not approve the application unless the commissioner
413 finds that the applicant has established by the preponderance of the evidence that:
414 (i) in light of the need for financial services in the area, the adequacy of existing
415 facilities, and the effect the proposed institution would have on existing institutions in the area,
416 the public need and convenience will be promoted by the establishment of the proposed
417 institution;
418 (ii) in light of the ability of the proposed service area to support the proposed
419 institution, including the extent and nature of existing competition, the economic history and
420 future prospects of the community, and the opportunity for profitable employment of financial
421 institution funds, conditions in the service area in which the proposed institution would transact
422 business afford reasonable promise of a successful operation;
423 (iii) the institution is being formed only for legitimate purposes allowed by the laws of
424 this state;
425 (iv) the proposed capital equals or exceeds the required minimum and is adequate in
426 light of current and prospective conditions;
427 (v) if the applicant is seeking authority to accept deposits, the deposits will be insured
428 or guaranteed by an agency of the federal government;
429 (vi) the proposed officers and directors have sufficient experience, ability, and standing
430 to afford reasonable promise of a successful operation;

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- 15 - 431 (vii) the name of the proposed financial institution does not resemble the name of any
432 other institution transacting business in this state so closely as to cause confusion;
433 (viii) the applicants have complied with all of the provisions of law; and
434 (ix) no properly managed and soundly operated existing institutions offering
435 substantially similar services in the service area to which the application relates will be unduly
436 injured by approval of the application.
437 (b) The commissioner may condition approval of the application on the institution's
438 acceptance of requirements or conditions with respect to insurance that the commissioner
439 considers necessary to protect depositors.
440 (8) (a) The commissioner shall provide written findings and conclusions on the
441 application.
442 (b) Upon approving an application, the commissioner shall:
443 (i) endorse the approval on the articles of incorporation;
444 (ii) file one copy with the Division of Corporations and Commercial Code;
445 (iii) retain one file copy; and
446 (iv) return one copy to the applicant within ten days after the date of the
447 commissioner's decision approving the application.
448 (c) Upon disapproving an application, the commissioner shall mail notice of the
449 disapproval to the applicant within ten days.
450 (d) The commissioner may approve an application subject to conditions the
451 commissioner considers appropriate to protect the public interest and carry out the purposes of
452 this title.
453 (e) The commissioner shall give written notice of the decision to all persons who have
454 filed a protest to the application.
455 (9) Upon approval of an application for authorization to conduct a business subject to
456 the jurisdiction of the department, the commissioner shall issue a license, permit, or other
457 appropriate certificate of authority if:
458 (a) except in the case of credit unions, all of the capital of the institution being formed
459 has been paid in; and
460 (b) all the conditions and other requirements for approval of the application have been
461 met.

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- 16 - 462 (10) (a) Any approval by the commissioner of an application under this section is
463 considered revoked unless the business is open and operating within one year from the date of
464 the approval.
465 (b) The commissioner, on written application made before the expiration of that period,
466 and for good cause shown, may extend the date for activation for additional periods not to
467 exceed six months each.
468 (11) No person may obtain, for the purpose of resale, a certificate of approval to
469 operate any institution under the jurisdiction of the department.
470 (12) The commissioner may approve an application without any notice to other
471 financial institutions to respond to an emergency arising from the insolvency of an existing
472 institution or to prevent the failure of an existing institution if the commissioner makes the
473 findings required by Subsection (7).
474 Section 6. Section 7-1-706 is amended to read:
475 7-1-706. Application to commissioner to exercise power -- Procedure.
476 (1) Except as provided in Sections 7-1-704 and 7-1-705 , by filing a request for agency
477 action with the commissioner, any person may request the commissioner to:
478 (a) issue any rule or order;
479 (b) exercise any powers granted to the commissioner under this title; or
480 (c) act on any matter that is subject to the approval of the commissioner.
481 (2) Within ten days of receipt of the request, the commissioner shall, at the applicant's
482 expense, cause a supervisor to make a careful investigation of the facts relevant or material to
483 the request.
484 (3) (a) The supervisor shall submit written findings and recommendations to the
485 commissioner.
486 (b) The application, any additional information furnished by the applicant, and the
487 findings and recommendations of the supervisor may be inspected by any person at the office
488 of the commissioner, except those portions of the application or report that the commissioner
489 designates as confidential to prevent a clearly unwarranted invasion of privacy.
490 (4) (a) If a hearing is held concerning the request, the commissioner shall publish
491 notice of the hearing at the applicant's expense:
492 (i) in a newspaper of general circulation within the county where the applicant is

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- 17 - 493 located at least once a week for three successive weeks before the date of the hearing[.]; and
494 (ii) as required in Section 45-1-101 for three weeks before the date of the hearing.
495 (b) The notice required by Subsection (4)(a) shall include the information required by
496 the department's rules.
497 (c) The commissioner shall act upon the request within 30 days after the close of the
498 hearing, based on the record before the commissioner.
499 (5) (a) If no hearing is held, the commissioner shall approve or disapprove the request
500 within 90 days of receipt of the request based on:
501 (i) the application;
502 (ii) additional information filed with the commissioner; and
503 (iii) the findings and recommendations of the supervisor.
504 (b) The commissioner shall act on the request by issuing findings of fact, conclusions,
505 and an order, and shall mail a copy of each to:
506 (i) the applicant;
507 (ii) all persons who have filed protests to the granting of the application; and
508 (iii) other persons that the commissioner considers should receive copies.
509 (6) The commissioner may impose any conditions or limitations on the approval or
510 disapproval of a request that the commissioner considers proper to:
511 (a) protect the interest of creditors, depositors, and other customers of an institution;
512 (b) protect its shareholders or members; and
513 (c) carry out the purposes of this title.
514 Section 7. Section 7-1-709 is amended to read:
515 7-1-709. Branches -- Discontinuance of operation.
516 (1) A Utah depository institution or out-of-state depository institution authorized to do
517 business in this state may discontinue operation of a branch upon resolution of its board of
518 directors.
519 (2) Upon adopting the resolution, the institution shall file an application with the
520 commissioner specifying:
521 (a) the location of the branch to be discontinued;
522 (b) the date of the proposed discontinuance;
523 (c) the reasons for closing the branch; and

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- 18 - 524 (d) the extent to which the public need and convenience or service to members would
525 still be adequately met.
526 (3) (a) Upon filing its application with the commissioner, the institution shall publish
527 notice of the discontinuance:
528 (i) in a newspaper serving the area once a week for two consecutive weeks[.]; and
529 (ii) as required by Section 45-1-101 for two weeks.
530 (b) The commissioner may approve the application after a reasonable comment period
531 following publication.
532 (4) An out-of-state depository institution with a branch in Utah is not subject to the
533 requirements of this section if the branch to be closed is located outside of Utah.
534 Section 8. Section 7-2-6 is amended to read:
535 7-2-6. Possession by commissioner -- Notice -- Presentation, allowance, and
536 disallowance of claims -- Objections to claims.
537 (1) (a) Possession of an institution by the commissioner commences when notice of
538 taking possession is:
539 (i) posted in each office of the institution located in this state; or
540 (ii) delivered to a controlling person or officer of the institution.
541 (b) All notices, records, and other information regarding possession of an institution by
542 the commissioner may be kept confidential, and all court records and proceedings relating to
543 the commissioner's possession may be sealed from public access if:
544 (i) the commissioner finds it is in the best interests of the institution and its depositors
545 not to notify the public of the possession by the commissioner;
546 (ii) the deposit and withdrawal of funds and payment to creditors of the institution is
547 not suspended, restricted, or interrupted; and
548 (iii) the court approves.
549 (2) (a) (i) Within 15 days after taking possession of an institution or other person under
550 the jurisdiction of the department, the commissioner shall publish a notice to all persons who
551 may have claims against the institution or other person to file proof of their claims with the
552 commissioner before a date specified in the notice.
553 (ii) The filing date shall be at least 90 days after the date of the first publication of the
554 notice.

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- 19 - 555 (iii) The notice shall be published:
556 (A) (I) in a newspaper of general circulation in each city or county in which the
557 institution or other person, or any subsidiary or service corporation of the institution, maintains
558 an office[. The notice shall be]; and
559 (II) published again approximately 30 days and 60 days after the date of the first
560 publication[.]; and
561 (B) as required in Section 45-1-101 for 60 days.
562 (b) (i) Within 60 days of taking possession of a depository institution, the
563 commissioner shall send a similar notice to all persons whose identity is reflected in the books
564 or records of the institution as depositors or other creditors, secured or unsecured, parties to
565 litigation involving the institution pending at the date the commissioner takes possession of the
566 institution, and all other potential claimants against the institution whose identity is reasonably
567 ascertainable by the commissioner from examination of the books and records of the
568 institution. No notice is required in connection with accounts or other liabilities of the
569 institution that will be paid in full or be fully assumed by another depository institution or trust
570 company. The notice shall specify a filing date for claims against the institution not less than
571 60 days after the date of mailing. Claimants whose claims against the institution have been
572 assumed by another depository institution or trust company pursuant to a merger or purchase
573 and assumption agreement with the commissioner, or a federal deposit insurance agency
574 appointed as receiver or liquidator of the institution, shall be notified of the assumption of their
575 claims and the name and address of the assuming party within 60 days after the claim is
576 assumed. Unless a purchase and assumption or merger agreement requires otherwise, the
577 assuming party shall give all required notices. Notice shall be mailed to the address appearing
578 in the books and records of the institution.
579 (ii) Inadvertent or unintentional failure to mail a notice to any person entitled to written
580 notice under this paragraph does not impose any liability on the commissioner or any receiver
581 or liquidator appointed by him beyond the amount the claimant would be entitled to receive if
582 the claim had been timely filed and allowed. The commissioner or any receiver or liquidator
583 appointed by him are not liable for failure to mail notice unless the claimant establishes that it
584 had no knowledge of the commissioner taking possession of the institution until after all
585 opportunity had passed for obtaining payment through filing a claim with the commissioner,

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- 20 - 586 receiver, or liquidator.
587 (c) Upon good cause shown, the court having supervisory jurisdiction may extend the
588 time in which the commissioner may serve any notice required by this chapter.
589 (d) The commissioner has the sole power to adjudicate any claim against the
590 institution, its property or other assets, tangible or intangible, and to settle or compromise
591 claims within the priorities set forth in Section 7-2-15 . Any action of the commissioner is
592 subject to judicial review as provided in Subsection (9).
593 (e) A receiver or liquidator of the institution appointed by the commissioner has all the
594 duties, powers, authority, and responsibilities of the commissioner under this section. All
595 claims against the institution shall be filed with the receiver or liquidator within the applicable
596 time specified in this section and the receiver or liquidator shall adjudicate the claims as
597 provided in Subsection (2)(d).
598 (f) The procedure established in this section is the sole remedy of claimants against an
599 institution or its assets in the possession of the commissioner.
600 (3) With respect to a claim which appears in the books and records of an institution or
601 other person in the possession of the commissioner as a secured claim, which, for purposes of
602 this section is a claim that constitutes an enforceable, perfected lien, evidenced in writing, on
603 the assets or other property of the institution:
604 (a) The commissioner shall allow or disallow each secured claim filed on or before the
605 filing date within 30 days after receipt of the claim and shall notify each secured claimant by
606 certified mail or in person of the basis for, and any conditions imposed on, the allowance or
607 disallowance.
608 (b) For all allowed secured claims, the commissioner shall be bound by the terms,
609 covenants, and conditions relating to the assets or other property subject to the claim, as set
610 forth in the note, bond, or other security agreement which evidences the secured claim, unless
611 the commissioner has given notice to the claimant of his intent to abandon the assets or other
612 property subject to the secured claim at the time the commissioner gave the notice described in
613 Subsection (3)(a).
614 (c) No petition for lifting the stay provided by Section 7-2-7 may be filed with respect
615 to a secured claim before the claim has been filed and allowed or disallowed by the
616 commissioner in accordance with Subsection (3)(a).

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- 21 - 617 (4) With respect to all other claims other than secured claims:
618 (a) Each claim filed on or before the filing date shall be allowed or disallowed within
619 180 days after the final publication of notice.
620 (b) If notice of disallowance is not served upon the claimant by the commissioner
621 within 210 days after the date of final publication of notice, the claim is considered disallowed.
622 (c) The rights of claimants and the amount of a claim shall be determined as of the date
623 the commissioner took possession of the institution under this chapter. Claims based on
624 contractual obligations of the institution in existence on the date of possession may be allowed
625 unless the obligation of the institution is dependent on events occurring after the date of
626 possession, or the amount or worth of the claim cannot be determined before any distribution
627 of assets of the institution is made to claimants having the same priority under Section 7-2-15 .
628 (d) (i) An unliquidated claim against the institution, including claims based on alleged
629 torts for which the institution would have been liable on the date the commissioner took
630 possession of the institution and any claims for a right to an equitable remedy for breach of
631 performance by the institution, may be filed in an estimated amount. The commissioner may
632 disallow or allow the claim in an amount determined by the commissioner, settle the claim in
633 an amount approved by the court, or, in his discretion, refer the claim to the court designated by
634 Section 7-2-2 for determination in accordance with procedures designated by the court. If the
635 institution held on the date of possession by the commissioner a policy of insurance that would
636 apply to the liability asserted by the claimant, the commissioner, or any receiver appointed by
637 him may assign to the claimant all rights of the institution under the insurance policy in full
638 satisfaction of the claim.
639 (ii) If the commissioner finds there are or may be issues of fact or law as to the validity
640 of a claim, liquidated or unliquidated, or its proper allowance or disallowance under the
641 provisions of this chapter, he may appoint a hearing examiner to conduct a hearing and to
642 prepare and submit recommended findings of fact and conclusions of law for final
643 consideration by the commissioner. The hearing shall be conducted as provided in rules or
644 regulations issued by the commissioner. The decision of the commissioner shall be based on
645 the record before the hearing examiner and information the commissioner considers relevant
646 and shall be subject to judicial review as provided in Subsection (9).
647 (e) A claim may be disallowed if it is based on actions or documents intended to

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- 22 - 648 deceive the commissioner or any receiver or liquidator appointed by him.
649 (f) The commissioner may defer payment of any claim filed on behalf of a person who
650 was at any time in control of the institution within the meaning of Section 7-1-103 , pending the
651 final determination of all claims of the institution against that person.
652 (g) The commissioner or any receiver appointed by him may disallow a claim that
653 seeks a dollar amount if it is determined by the court having jurisdiction under Section 7-2-2
654 that the commissioner or receiver or conservator will not have any assets with which to pay the
655 claim under the priorities established by Section 7-2-15 .
656 (h) The commissioner may adopt rules to establish such alternative dispute resolution
657 processes as may be appropriate for the resolution of claims filed against an institution under
658 this chapter.
659 (i) In establishing alternative dispute resolution processes, the commissioner shall
660 strive for procedures that are expeditious, fair, independent, and low cost. The commissioner
661 shall seek to develop incentives for claimants to participate in the alternative dispute resolution
662 process.
663 (j) The commissioner may establish both binding and nonbinding processes, which
664 may be conducted by any government or private party, but all parties, including the claimant
665 and the commissioner or any receiver appointed by him, must agree to the use of the process in
666 a particular case.
667 (5) Claims filed after the filing date are disallowed, unless:
668 (a) the claimant who did not file his claim timely demonstrates that he did not have
669 notice or actual knowledge of the proceedings in time to file a timely proof of claim; and
670 (b) proof of the claim was filed prior to the last distribution of assets. For the purpose
671 of this subsection only, late filed claims may be allowed if proof was filed before the final
672 distribution of assets of the institution to claimants of the same priority and are payable only
673 out of the remaining assets of the institution.
674 (c) A late filed claim may be disallowed under any other provision of this section.
675 (6) Debts owing to the United States or to any state or its subdivisions as a penalty or
676 forfeiture are not allowed, except for the amount of the pecuniary loss sustained by the act,
677 transaction, or proceeding out of which the penalty or forfeiture arose.
678 (7) Except as otherwise provided in Subsection 7-2-15 (1)(a), interest accruing on any

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- 23 - 679 claim after the commissioner has taken possession of an institution or other person under this
680 chapter may be disallowed.
681 (8) A claim against an institution or its assets based on a contract or agreement may be
682 disallowed unless the agreement: (a) is in writing; (b) is otherwise a valid and enforceable
683 contract; and (c) has continuously, from the time of its execution, been an official record of the
684 institution. The requirements of this Subsection (8) do not apply to claims for goods sold or
685 services rendered to an institution in the ordinary course of business by trade creditors who do
686 not customarily use written agreements or other documents.
687 (9) (a) Objection to any claim allowed or disallowed may be made by any depositor or
688 other claimant by filing a written objection with the commissioner within 30 days after service
689 of the notice of allowance or disallowance. The commissioner shall present the objection to
690 the court for hearing and determination upon written notice to the claimant and to the filing
691 party. The notice shall set forth the time and place of hearing. After the 30-day period, no
692 objection may be filed. This Subsection (9) does not apply to secured claims allowed under
693 Subsection (3).
694 (b) The hearing shall be based on the record before the commissioner and any
695 additional evidence the court allowed to provide the parties due process of law.
696 (c) The court may not reverse or otherwise modify the determination of the
697 commissioner with respect to the claim unless it finds the determination of the commissioner to
698 be arbitrary, capricious, or otherwise contrary to law. The burden of proof is on the party
699 objecting to the determination of the commissioner.
700 (d) An appeal from any final judgment of the court with respect to a claim may be
701 taken as provided by law by the claimant, the commissioner, or any person having standing to
702 object to the allowance or disallowance of the claim.
703 (10) If a claim against the institution has been asserted in any judicial, administrative,
704 or other proceeding pending at the time the commissioner took possession of the institution
705 under this chapter or under Chapter 19, Acquisition of Failing Depository Institutions or
706 Holding Companies, the claimant shall file copies of all documents of record in the pending
707 proceeding with the commissioner within the time for filing claims as provided in Subsection
708 (2). Such a claim shall be allowed or disallowed within 90 days of the receipt of the complete
709 record of the proceedings. No application to lift the stay of a pending proceeding shall be filed

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- 24 - 710 until the claim has been allowed or disallowed. The commissioner may petition the court
711 designated by Section 7-2-2 to lift the stay to determine whether the claim should be allowed or
712 disallowed.
713 (11) All claims allowed by the commissioner and not disallowed or otherwise modified
714 by the court under Subsection (9), if not paid within 30 days after allowance, shall be
715 evidenced by a certificate payable only out of the assets of the institution in the possession of
716 the commissioner, subject to the priorities set forth in Section 7-2-15 . This provision does not
717 apply to a secured claim allowed by the commissioner under Subsection (3)(a).
718 Section 9. Section 7-7-10 is amended to read:
719 7-7-10. Meetings of mutual association members -- Voting -- Notice.
720 (1) (a) An annual meeting of the members of each mutual association shall be held at
721 the time and place fixed in the bylaws of the association.
722 (b) Special meetings may be called as provided in the bylaws.
723 (2) (a) The members entitled to vote at any meeting of the members shall be those who
724 are members of record at the end of the calendar month next preceding the date of the meeting
725 of members, except those who have ceased to be members.
726 (b) The number of votes that a member is entitled to cast shall be determined in
727 accordance with the books on the date determinative of entitlement to vote.
728 (3) In the determination of all questions requiring action by the members, each member
729 shall be entitled to cast:
730 (a) one vote; and
731 (b) any additional vote that the member may cast under the bylaws of the association.
732 (4) (a) (i) Subject to Subsection (4)(a)(ii), at any meeting of the members, voting may
733 be:
734 (A) in person; or
735 (B) by proxy.
736 (ii) Notwithstanding Subsection (4)(a)(i), a proxy is not eligible to be voted at any
737 meeting unless the proxy has been filed with the secretary of the association, for verification, at
738 least five days before the date of the meeting.
739 (b) Every proxy shall:
740 (i) be in writing;

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- 25 - 741 (ii) be signed by the member or the member's duly authorized attorney in fact; and
742 (iii) continue in force from year to year:
743 (A) when filed with the secretary;
744 (B) if so specified in the proxy; and
745 (C) until:
746 (I) revoked by a writing duly delivered to the secretary; or
747 (II) superseded by subsequent proxies.
748 (5) (a) At an annual meeting or at any special meeting of the members, any number of
749 members present in person or by proxy eligible to be voted constitutes a quorum.
750 (b) A majority of all votes cast at any meeting of members shall determine any
751 question unless this chapter specifically provides otherwise.
752 (6) (a) No notice of annual meetings of members need be given to members.
753 (b) Subject to Subsection (6)(c), notice of each special meeting of members shall:
754 (i) state:
755 (A) the purpose for which the meeting is called;
756 (B) the place of the meeting; and
757 (C) the time when the meeting shall convene; and
758 (ii) (A) be published:
759 (I) once a week for two consecutive calendar weeks (in each instance, on any day of the
760 week) before the date on which the special meeting shall convene[; and (II)], in a newspaper of
761 general circulation in the county in which the home office of the association is located; and
762 (II) as required in Section 45-1-101 for two calendar weeks before the date on which
763 the special meeting shall convene; and
764 (B) be posted in a conspicuous place in all offices of the association during the 30 days
765 immediately preceding the date on which the special meeting convenes.
766 (c) No notice need be given of a meeting if all the members entitled to vote, vote in
767 favor of an action at the meeting of the members.
768 Section 10. Section 8-5-6 is amended to read:
769 8-5-6. Alternative council or board procedures for notice -- Termination of
770 rights.
771 (1) As an alternative to the procedures set forth in Sections 8-5-1 through 8-5-4 , a

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- 26 - 772 municipal council or cemetery maintenance district board may pass a resolution demanding
773 that the owner of a lot, site, or portion of the cemetery, which has been unused for burial
774 purposes for more than 60 years, file with the county recorder, city recorder, or town clerk
775 notice of any claim to the lot, site, or portion of the cemetery.
776 (2) The municipal council or cemetery maintenance district board shall then cause a
777 copy of the resolution to be personally served on the owner in the same manner as personal
778 service of process in a civil action. The resolution shall notify the owner that the owner shall,
779 within 60 days after service of the resolution on the owner, express interest in maintaining the
780 cemetery lot, site, or portion of the cemetery and submit satisfactory evidence of an intention to
781 use the lot, site, or portion of the cemetery for a burial.
782 (3) If the owner cannot be personally served with the resolution of the municipal
783 council or cemetery maintenance district board as required in Subsection (2), the municipal
784 council or cemetery maintenance district board shall publish its resolution:
785 (a) (i) for three successive weeks in a newspaper of general circulation within the
786 county; and
787 (ii) in accordance with Section 45-1-101 for three weeks; and
788 (b) mail a copy of the resolution within 14 days after the publication to the owner's last
789 known address, if available.
790 (4) If, for 30 days after the last date of service or publication of the municipal council's
791 or cemetery maintenance district board's resolution, the owner or person with a legal interest in
792 the cemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of
793 the cemetery for burial purposes, the owner's rights are terminated and that portion of the
794 cemetery shall be vested in the municipality or cemetery maintenance district.
795 Section 11. Section 9-3-409 is amended to read:
796 9-3-409. Actions on validity or enforceability of bonds -- Time for bringing
797 action.
798 (1) In any suit, action, or proceeding involving the validity or enforceability of any
799 bond issued under this chapter or the security for them, any such bond reciting in substance that
800 it has been issued by the authority in connection with the Utah Science Center shall be
801 conclusively [deemed] considered to have been issued for that purpose.
802 (2) (a) After receiving notice described in Subsection (2)(a)(ii), a person may contest:

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- 27 - 803 (i) (A) the legality of a resolution;
804 (B) notice of bonds to be issued; or
805 (C) a provision made for the security and payment of the bonds; and
806 [(2) For] (ii) for a period of 30 days after the publication of the resolution authorizing
807 the bonds, or a notice of bonds to be issued by the authority containing those items described in
808 Section 11-14-316 :
809 (A) in a newspaper having general circulation in the area of operation[, any person may
810 contest the legality of the resolution authorizing any bonds, notice of bonds to be issued, or any
811 provisions made for the security and payment of the bonds.]; or
812 (B) as required in Section 45-1-101 .
813 (b) After the 30-day period no one has any cause of action to contest the regularity,
814 formality, or legality of the notice of bonds to be issued or the bonds for any cause whatsoever.
815 Section 12. Section 9-8-805 is amended to read:
816 9-8-805. Collecting institutions -- Perfecting title -- Notice.
817 (1) (a) Any collecting institution wishing to perfect title in any reposited materials held
818 by it shall send, by registered mail, a notice containing the information required by this section
819 to the last-known address of the last-known owner of the property.
820 (b) The collecting institution shall publish a notice containing the information required
821 by this section [at least once per week for two consecutive weeks in a newspaper of general
822 circulation in the county where the collecting institution is located if]:
823 (i) if:
824 [(i)] (A) the owner or the address of the owner of the reposited materials is unknown;
825 [(ii)] (B) the mailed notice is returned to the collecting institution without a forwarding
826 address; or
827 [(iii)] (C) the owner does not claim the reposited materials within 90 days after the
828 notice was mailed[.]; and
829 (ii) (A) by publication at least once per week for two consecutive weeks in a newspaper
830 of general circulation in the county where the collection institution is located; and
831 (B) by publication in accordance with Section 45-1-101 for two weeks.
832 (2) The notices required by this section shall include:
833 (a) the name, if known, and the last-known address, if any, of the last-known owner of

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- 28 - 834 the reposited materials;
835 (b) a description of the reposited materials;
836 (c) the name of the collecting institution that has possession of the reposited materials
837 and a person within that institution whom the owner may contact; and
838 (d) a statement that if the reposited materials are not claimed within 90 days from the
839 date that the notice is published [in the newspaper for the second time] in accordance with
840 Subsection (1)(b), the reposited materials are considered to be abandoned and become the
841 property of the collecting institution.
842 (3) If no one has claimed the reposited materials within 90 days after the date that the
843 notice is published [in the newspaper for the second time,] in accordance with Subsection
844 (1)(b), the reposited materials are considered to be abandoned and are the property of the
845 collecting institution.
846 Section 13. Section 10-2-108 is amended to read:
847 10-2-108. Public hearings on feasibility study results -- Notice of hearings.
848 (1) If the results of the feasibility study or supplemental feasibility study meet the
849 requirements of Subsection 10-2-109 (3), the county legislative body shall, at its next regular
850 meeting after receipt of the results of the feasibility study or supplemental feasibility study,
851 schedule at least two public hearings to be held:
852 (a) within the following 60 days;
853 (b) at least seven days apart;
854 (c) in geographically diverse locations within the proposed city; and
855 (d) for the purpose of allowing:
856 (i) the feasibility consultant to present the results of the study; and
857 (ii) the public to become informed about the feasibility study results and to ask
858 questions about those results of the feasibility consultant.
859 (2) (a) (i) The county clerk shall publish notice of the public hearings required under
860 Subsection (1):
861 (A) at least once a week for three successive weeks in a newspaper of general
862 circulation within the proposed city[.]; and
863 (B) in accordance with Section 45-1-101 for three weeks.
864 (ii) The last publication of notice required under Subsection (2)(a)(i)(A) shall be at

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866 (b) (i) If, under Subsection (2)(A)(i)(A), there is no newspaper of general circulation
867 within the proposed city, the county clerk shall post at least one notice of the hearings per
868 1,000 population in conspicuous places within the proposed city that are most likely to give
869 notice of the hearings to the residents of the proposed city.
870 (ii) The clerk shall post the notices under Subsection (2)(b)(i) at least seven days before
871 the first hearing under Subsection (1).
872 (c) The notice under Subsections (2)(a) and (b) shall include the feasibility study
873 summary under Subsection 10-2-106 (3)(b) and shall indicate that a full copy of the study is
874 available for inspection and copying at the office of the county clerk.
875 Section 14. Section 10-2-111 is amended to read:
876 10-2-111. Incorporation election.
877 (1) At the next special election date under Section 20A-1-204 more than 45 days after
878 the county legislative body's receipt of the certified petition or certified modified petition under
879 Subsection 10-2-110 (1)(b)(i), the county legislative body shall hold an election on the proposed
880 incorporation.
881 (2) (a) The county clerk shall publish notice of the election:
882 (i) in a newspaper of general circulation within the area proposed to be incorporated at
883 least once a week for three successive weeks[.]; and
884 (ii) in accordance with Section 45-1-101 for three weeks.
885 (b) The notice required by Subsection (2)(a) shall contain:
886 (i) a statement of the contents of the petition;
887 (ii) a description of the area proposed to be incorporated as a city;
888 (iii) a statement of the date and time of the election and the location of polling places;
889 and
890 (iv) the feasibility study summary under Subsection 10-2-106 (3)(b) and a statement
891 that a full copy of the study is available for inspection and copying at the office of the county
892 clerk.
893 (c) The last publication of notice required under Subsection (2)(a) shall occur at least
894 one day but no more than seven days before the election.
895 (d) (i) [If ] In accordance with Subsection (2)(a)(i), if there is no newspaper of general

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- 30 - 896 circulation within the proposed city, the county clerk shall post at least one notice of the
897 election per 1,000 population in conspicuous places within the proposed city that are most
898 likely to give notice of the election to the voters of the proposed city.
899 (ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days before
900 the election under Subsection (1).
901 Section 15. Section 10-2-114 is amended to read:
902 10-2-114. Determination of number of council members -- Determination of
903 election districts -- Hearings and notice.
904 (1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of
905 the canvass of the election under Section 10-2-111 :
906 (a) if the voters at the incorporation election choose the council-mayor form of
907 government, determine the number of council members that will constitute the council of the
908 future city;
909 (b) if the voters at the incorporation election vote to elect council members by district,
910 determine the number of council members to be elected by district and draw the boundaries of
911 those districts, which shall be substantially equal in population;
912 (c) determine the initial terms of the mayor and members of the city council so that:
913 (i) the mayor and approximately half the members of the city council are elected to
914 serve an initial term, of no less than one year, that allows their successors to serve a full
915 four-year term that coincides with the schedule established in Subsection 10-3-205 (1); and
916 (ii) the remaining members of the city council are elected to serve an initial term, of no
917 less than one year, that allows their successors to serve a full four-year term that coincides with
918 the schedule established in Subsection 10-3-205 (2); and
919 (d) submit in writing to the county legislative body the results of the sponsors'
920 determinations under Subsections (1)(a), (b), and (c).
921 (2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
922 sponsors shall hold a public hearing within the future city on the applicable issues under
923 Subsections (1)(a), (b), and (c).
924 (b) (i) The petition sponsors shall publish notice of the public hearing under Subsection
925 (2)(a):
926 (A) in a newspaper of general circulation within the future city at least once a week for

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- 31 - 927 two successive weeks before the hearing[.]; and
928 (B) in accordance with Section 45-1-101 for two weeks before the hearing.
929 (ii) The last publication of notice under Subsection (2)(b)(i)(A) shall be at least three
930 days before the public hearing under Subsection (2)(a).
931 (c) (i) [If] In accordance with Subsection (2)(b)(i)(A), if there is no newspaper of
932 general circulation within the future city, the petition sponsors shall post at least one notice of
933 the hearing per 1,000 population in conspicuous places within the future city that are most
934 likely to give notice of the hearing to the residents of the future city.
935 (ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least seven
936 days before the hearing under Subsection (2)(a).
937 Section 16. Section 10-2-115 is amended to read:
938 10-2-115. Notice of number of commission or council members to be elected and
939 of district boundaries -- Declaration of candidacy for city office.
940 (1) (a) Within 20 days of the county legislative body's receipt of the information under
941 Subsection 10-2-114 (1)(d), the county clerk shall publish [in a newspaper of general circulation
942 within the future city a], in accordance with Subsection (1)(b), notice containing:
943 (i) the number of commission or council members to be elected for the new city;
944 (ii) if some or all of the commission or council members are to be elected by district, a
945 description of the boundaries of those districts as designated by the petition sponsors under
946 Subsection 10-2-114 (1)(b);
947 (iii) information about the deadline for filing a declaration of candidacy for those
948 seeking to become candidates for mayor or city commission or council; and
949 (iv) information about the length of the initial term of each of the city officers, as
950 determined by the petition sponsors under Subsection 10-2-114 (1)(c).
951 (b) The notice under Subsection (1)(a) shall be published:
952 (i) in a newspaper of general circulation within the future city at least once a week for
953 two successive weeks[.]; and
954 (ii) in accordance with Section 45-1-101 for two weeks.
955 (c) (i) [If] In accordance with Subsection (1)(b)(i), if there is no newspaper of general
956 circulation within the future city, the county clerk shall post at least one notice per 1,000
957 population in conspicuous places within the future city that are most likely to give notice to the

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- 32 - 958 residents of the future city.
959 (ii) The notice under Subsection (1)(c)(i) shall contain the information required under
960 Subsection (1)(a).
961 (iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least
962 seven days before the deadline for filing a declaration of candidacy under Subsection (2).
963 (2) Notwithstanding Subsection 20A-9-203 (2)(a), each person seeking to become a
964 candidate for mayor or city commission or council of a city incorporating under this part shall,
965 within 45 days of the incorporation election under Section 10-2-111 , file a declaration of
966 candidacy with the clerk of the county in which the future city is located.
967 Section 17. Section 10-2-116 is amended to read:
968 10-2-116. Election of officers of new city.
969 (1) For the election of city officers, the county legislative body shall:
970 (a) unless a primary election is prohibited by Subsection 20A-9-404 (2), hold a primary
971 election; and
972 (b) hold a final election.
973 (2) Each election under Subsection (1) shall be:
974 (a) appropriate to the form of government chosen by the voters at the incorporation
975 election;
976 (b) consistent with the voters' decision about whether to elect commission or council
977 members by district and, if applicable, consistent with the boundaries of those districts as
978 determined by the petition sponsors; and
979 (c) consistent with the sponsors' determination of the number of commission or council
980 members to be elected and the length of their initial term.
981 (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), the
982 primary election under Subsection (1)(a) shall be held at the earliest of the next:
983 (i) regular general election under Section 20A-1-201 ;
984 (ii) municipal primary election under Section 20A-9-404 ;
985 (iii) municipal general election under Section 20A-1-202 ; or
986 (iv) special election under Section 20A-1-204 .
987 (b) Notwithstanding Subsection (3)(a), the primary election under Subsection (1)(a)
988 may not be held until 75 days after the incorporation election under Section 10-2-111 .

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- 33 - 989 (4) Except as provided in Subsection (5), the final election under Subsection (1)(b)
990 shall be held at the next special election date under Section 20A-1-204 :
991 (a) after the primary election; or
992 (b) if there is no primary election, more than 75 days after the incorporation election
993 under Section 10-2-111 .
994 (5) Notwithstanding Subsections (3) and (4), the county legislative body may hold the
995 primary and final elections required under Subsection (1) on the dates provided for the next
996 municipal primary election under Section 20A-9-404 and the next municipal general election
997 under Section 20A-1-202 , respectively, after the incorporation election, if:
998 (a) with the results under Subsection 10-2-114 (1)(d), the petition sponsors submit to
999 the county legislative body a written request to that effect; and
1000 (b) the incorporation election under Section 10-2-111 took place in February or May of
1001 an odd-numbered year.
1002 (6) (a) (i) The county clerk shall publish notice of an election under this section:
1003 (A) at least once a week for two successive weeks in a newspaper of general circulation
1004 within the future city[.]; and
1005 (B) in accordance with Section 45-1-101 for two weeks.
1006 (ii) The later notice under Subsection (6)(a)(i) shall be at least one day but no more
1007 than seven days before the election.
1008 (b) (i) [If ] In accordance with Subsection (6)(a)(i)(A), if there is no newspaper of
1009 general circulation within the future city, the county clerk shall post at least one notice of the
1010 election per 1,000 population in conspicuous places within the future city that are most likely
1011 to give notice of the election to the voters.
1012 (ii) The county clerk shall post the notices under Subsection (6)(b)(i) at least seven
1013 days before each election under Subsection (1).
1014 (7) Until the city is incorporated, the county clerk is the election officer for all purposes
1015 in an election of officers of the city approved at an incorporation election.
1016 Section 18. Section 10-2-125 is amended to read:
1017 10-2-125. Incorporation of a town.
1018 (1) As used in this section:
1019 (a) "Assessed value," with respect to agricultural land, means the value at which the

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- 34 - 1020 land would be assessed without regard to a valuation for agricultural use under Section
1021 59-2-503 .
1022 (b) "Financial feasibility study" means a study to determine:
1023 (i) the projected revenues for the proposed town during the first three years after
1024 incorporation; and
1025 (ii) the projected costs, including overhead, that the proposed town will incur in
1026 providing governmental services during the first three years after incorporation.
1027 (c) "Municipal service" means a publicly provided service that is not provided on a
1028 countywide basis.
1029 (d) "Nonurban" means having a residential density of less than one unit per acre.
1030 (2) (a) (i) A contiguous area of a county not within a municipality, with a population of
1031 at least 100 but less than 1,000, may incorporate as a town as provided in this section.
1032 (ii) An area within a county of the first class is not contiguous for purposes of
1033 Subsection (2)(a)(i) if:
1034 (A) the area includes a strip of land that connects geographically separate areas; and
1035 (B) the distance between the geographically separate areas is greater than the average
1036 width of the strip of land connecting the geographically separate areas.
1037 (b) The population figure under Subsection (2)(a) shall be determined:
1038 (i) as of the date the incorporation petition is filed; and
1039 (ii) by the Utah Population Estimates Committee within 20 days after the county clerk's
1040 certification under Subsection (6) of a petition filed under Subsection (4).
1041 (3) (a) The process to incorporate an area as a town is initiated by filing a request for a
1042 public hearing with the clerk of the county in which the area is located.
1043 (b) Each request for a public hearing under Subsection (3)(a) shall:
1044 (i) be signed by the owners of at least five separate parcels of private real property,
1045 each owned by a different owner, located within the area proposed to be incorporated; and
1046 (ii) be accompanied by an accurate map or plat depicting the boundary of the proposed
1047 town.
1048 (c) Within ten days after a request for a public hearing is filed under Subsection (3)(a),
1049 the county clerk shall, with the assistance of other county officers from whom the clerk
1050 requests assistance, determine whether the petition complies with the requirements of

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- 35 - 1051 Subsection (3)(b).
1052 (d) If the clerk determines that a request under Subsection (3)(a) fails to comply with
1053 the requirements of Subsection (3)(b), the clerk shall reject the request and deliver written
1054 notice of the rejection to the signers of the request.
1055 (e) (i) If the clerk determines that a request under Subsection (3)(a) complies with the
1056 requirements of Subsection (3)(b), the clerk shall:
1057 (A) schedule and arrange for a public hearing to be held:
1058 (I) (Aa) at a public facility located within the boundary of the proposed town; or
1059 (Bb) if there is no public facility within the boundary of the proposed town, at another
1060 nearby public facility or at the county seat; and
1061 (II) within 20 days after the clerk provides the last notice required under Subsection
1062 (3)(e)(i)(B); and
1063 (B) subject to Subsection (3)(e)(ii), give notice of the public hearing on the proposed
1064 incorporation by:
1065 (I) posting notice of the public hearing on the county's Internet website, if the county
1066 has an Internet website; and
1067 (II) (Aa) (Ii) publishing notice of the public hearing at least once a week for two
1068 consecutive weeks in a newspaper of general circulation within the proposed town; [or] and
1069 (IIii) publishing notice of the public hearing in accordance with Section 45-1-101 for
1070 two weeks; or
1071 (Bb) in accordance with Subsection (3)(e)(i)(B)(II)(Aa)(Ii), if there is no newspaper of
1072 general circulation within the proposed town, posting notice of the public hearing in at least
1073 five conspicuous public places within the proposed town.
1074 (ii) The posting of notice required under Subsection (3)(e)(i)(B)(I) and, if applicable,
1075 Subsection (3)(e)(i)(B)(II)(Bb) and the first publishing of notice required under Subsection
1076 (3)(e)(i)(B)(II)(Aa), if applicable, shall occur no later than ten days after the clerk determines
1077 that a request complies with the requirements of Subsection (3)(b).
1078 (iii) Each public hearing under Subsection (3)(e)(i)(A) shall be conducted by the chair
1079 of the county commission or council, or the chair's designee, to:
1080 (A) introduce the concept of the proposed incorporation to the public;
1081 (B) allow the public to review the map or plat of the boundary of the proposed town;

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- 36 - 1082 (C) allow the public to ask questions and become informed about the proposed
1083 incorporation; and
1084 (D) allow the public to express their views about the proposed incorporation, including
1085 their views about the boundary of the area proposed to be incorporated.
1086 (4) (a) At any time within three months after the public hearing under Subsection
1087 (3)(e), a petition to incorporate the area as a town may be filed with the clerk of the county in
1088 which the area is located.
1089 (b) Each petition under Subsection (4)(a) shall:
1090 (i) be signed by:
1091 (A) the owners of private real property that:
1092 (I) is located within the area proposed to be incorporated;
1093 (II) covers a majority of the total private land area within the area;
1094 (III) is equal in assessed value to more than 1/2 of the assessed value of all private real
1095 property within the area; and
1096 (IV) consists, in number of parcels, of at least 1/3 of the number of all parcels of
1097 private real property within the area proposed to be incorporated; and
1098 (B) a majority of all registered voters within the area proposed to be incorporated as a
1099 town, according to the official voter registration list maintained by the county on the date the
1100 petition is filed;
1101 (ii) designate as sponsors at least five of the property owners who have signed the
1102 petition, one of whom shall be designated as the contact sponsor, with the mailing address of
1103 each owner signing as a sponsor;
1104 (iii) be accompanied by and circulated with an accurate map or plat, prepared by a
1105 licensed surveyor, showing a legal description of the boundary of the proposed town; and
1106 (iv) substantially comply with and be circulated in the following form:
1107 PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
1108 town)
1109 To the Honorable County Legislative Body of (insert the name of the county in which
1110 the proposed town is located) County, Utah:
1111 We, the undersigned owners of real property and registered voters within the area
1112 described in this petition, respectfully petition the county legislative body for the area described

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- 37 - 1113 in this petition to be incorporated as a town. Each of the undersigned affirms that each has
1114 personally signed this petition and is an owner of real property or a registered voter residing
1115 within the described area, and that the current residence address of each is correctly written
1116 after the signer's name. The area proposed to be incorporated as a town is described as follows:
1117 (insert an accurate description of the area proposed to be incorporated).
1118 (c) A petition under this Subsection (4) may not describe an area that includes some or
1119 all of an area proposed for annexation in an annexation petition under Section 10-2-403 that:
1120 (i) was filed before the filing of the petition; and
1121 (ii) is still pending on the date the petition is filed.
1122 (d) A petition may not be filed under this section if the private real property owned by
1123 the petition sponsors, designated under Subsection (4)(b)(ii), cumulatively exceeds 40% of the
1124 total private land area within the area proposed to be incorporated as a town.
1125 (e) A signer of a petition under this Subsection (4) may withdraw or, after withdrawn,
1126 reinstate the signer's signature on the petition:
1127 (i) at any time until the county clerk certifies the petition under Subsection (6); and
1128 (ii) by filing a signed, written withdrawal or reinstatement with the county clerk.
1129 (5) (a) If a petition is filed under Subsection (4)(a) proposing to incorporate as a town
1130 an area located within a county of the first class, the county clerk shall deliver written notice of
1131 the proposed incorporation:
1132 (i) to each owner of private real property owning more than 1% of the assessed value
1133 of all private real property within the area proposed to be incorporated as a town; and
1134 (ii) within seven calendar days after the date on which the petition is filed.
1135 (b) A private real property owner described in Subsection (5)(a)(i) may exclude all or
1136 part of the owner's property from the area proposed to be incorporated as a town by filing a
1137 notice of exclusion:
1138 (i) with the county clerk; and
1139 (ii) within ten calendar days after receiving the clerk's notice under Subsection (5)(a).
1140 (c) The county legislative body shall exclude from the area proposed to be incorporated
1141 as a town the property identified in the notice of exclusion under Subsection (5)(b) if:
1142 (i) the property:
1143 (A) is nonurban; and

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- 38 - 1144 (B) does not and will not require a municipal service; and
1145 (ii) exclusion will not leave an unincorporated island within the proposed town.
1146 (d) If the county legislative body excludes property from the area proposed to be
1147 incorporated as a town, the county legislative body shall send written notice of the exclusion to
1148 the contact sponsor within five days after the exclusion.
1149 (6) Within 20 days after the filing of a petition under Subsection (4), the county clerk
1150 shall:
1151 (a) with the assistance of other county officers from whom the clerk requests
1152 assistance, determine whether the petition complies with the requirements of Subsection (4);
1153 and
1154 (b) (i) if the clerk determines that the petition complies with those requirements:
1155 (A) certify the petition and deliver the certified petition to the county legislative body;
1156 and
1157 (B) mail or deliver written notification of the certification to:
1158 (I) the contact sponsor;
1159 (II) if applicable, the chair of the planning commission of each township in which any
1160 part of the area proposed for incorporation is located; and
1161 (III) the Utah Population Estimates Committee; or
1162 (ii) if the clerk determines that the petition fails to comply with any of those
1163 requirements, reject the petition and notify the contact sponsor in writing of the rejection and
1164 the reasons for the rejection.
1165 (7) (a) (i) A petition that is rejected under Subsection (6)(b)(ii) may be amended to
1166 correct a deficiency for which it was rejected and then refiled with the county clerk.
1167 (ii) A valid signature on a petition filed under Subsection (4)(a) may be used toward
1168 fulfilling the signature requirement of Subsection (4)(b) for the same petition that is amended
1169 under Subsection (7)(a)(i) and then refiled with the county clerk.
1170 (b) If a petition is amended and refiled under Subsection (7)(a)(i) after having been
1171 rejected by the county clerk under Subsection (6)(b)(ii):
1172 (i) the amended petition shall be considered as a newly filed petition; and
1173 (ii) the amended petition's processing priority is determined by the date on which it is
1174 refiled.

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- 39 - 1175 (8) (a) (i) The legislative body of a county with which a petition is filed under
1176 Subsection (4) may, at its option and upon the petition being certified under Subsection (6),
1177 commission and pay for a financial feasibility study.
1178 (ii) If the county legislative body chooses to commission a financial feasibility study,
1179 the county legislative body shall:
1180 (A) within 20 days after the incorporation petition is certified, select and engage a
1181 feasibility consultant; and
1182 (B) require the feasibility consultant to complete the financial feasibility study and
1183 submit written results of the study to the county legislative body no later than 30 days after the
1184 feasibility consultant is engaged to conduct the financial feasibility study.
1185 (b) The county legislative body shall approve a petition proposing the incorporation of
1186 a town and hold an election for town officers, as provided in Subsection (9), if:
1187 (i) the county clerk has certified the petition under Subsection (6); and
1188 (ii) (A) (I) the county legislative body has commissioned a financial feasibility study
1189 under Subsection (8)(a); and
1190 (II) the results of the financial feasibility study show that the average annual amount of
1191 revenues described in Subsection (1)(b)(i) does not exceed the average annual amount of costs
1192 described in Subsection (1)(b)(ii) by more than 10%; or
1193 (B) the county legislative body chooses not to commission a financial feasibility study.
1194 (c) (i) If the county legislative body commissions a financial feasibility study under
1195 Subsection (8)(a) and the results of the financial feasibility study show that the average annual
1196 amount of revenues described in Subsection (1)(b)(i) exceeds the average annual amount of
1197 costs described in Subsection (1)(b)(ii) by more than 10%, the county legislative body may:
1198 (A) deny the petition, subject to Subsection (8)(c)(ii), if the results of the financial
1199 feasibility study show that the average annual amount of revenues described in Subsection
1200 (1)(b)(i) exceeds the average annual amount of costs described in Subsection (1)(b)(ii) by 25%
1201 or more;
1202 (B) approve the petition and hold an election for town officers, as provided in
1203 Subsection (9); or
1204 (C) (I) with the consent of the petition sponsors:
1205 (Aa) impose conditions to mitigate the fiscal inequities identified in the financial

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- 40 - 1206 feasibility study; or
1207 (Bb) alter the boundaries of the area proposed to be incorporated as a town to
1208 approximate the boundaries necessary to prevent the average annual amount of revenues
1209 described in Subsection (1)(b)(i) from exceeding the average annual amount of costs described
1210 in Subsection (1)(b)(ii); and
1211 (II) approve the incorporation petition and hold an election for town officers, as
1212 provided in Subsection (9).
1213 (ii) A county legislative body intending to deny a petition under Subsection (8)(c)(i)(A)
1214 shall deny the petition within 20 days after the feasibility consultant submits the written results
1215 of the financial feasibility study.
1216 (d) Each town that incorporates pursuant to a petition approved after the county
1217 legislative body imposes conditions under Subsection (8)(c)(i)(C)(I) shall comply with those
1218 conditions.
1219 (9) (a) The legislative body of the county in which the proposed new town is located
1220 shall hold the election for town officers provided for in Subsection (8) within:
1221 (i) 45 days after the petition is certified, for an election under Subsection (8)(b)(ii)(B);
1222 (ii) 45 days after the feasibility consultant submits the written results of the financial
1223 feasibility study, for an election under Subsection (8)(b)(ii)(A) or (8)(c)(i)(B); or
1224 (iii) 60 days after the feasibility consultant submits the written results of the financial
1225 feasibility study, for an election under Subsection (8)(c)(i)(C).
1226 (b) The officers elected at an election under Subsection (9)(a) shall take office:
1227 (i) at noon on the first Monday in January next following the election, if the election is
1228 held on a regular general or municipal general election date; or
1229 (ii) at noon on the first day of the month next following the effective date of the
1230 incorporation under Subsection (12), if the election of officers is held on any other date.
1231 (10) Each newly incorporated town shall operate under the five-member council form
1232 of government as defined in Section 10-3b-102 .
1233 (11) (a) Within seven days after the canvass of the election of town officers under
1234 Subsection (9), the mayor-elect of the new town shall file at least three copies of the articles of
1235 incorporation of the new town with the lieutenant governor.
1236 (b) The articles of incorporation shall meet the requirements of Subsection

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- 41 - 1237 10-2-119 (2).
1238 (12) A new town is incorporated:
1239 (a) on December 31 of the year in which the lieutenant governor issues a certificate of
1240 entity creation for the town under Section 67-1a-6.5 , if the election of town officers under
1241 Subsection (9) is held on a regular general or municipal general election date; or
1242 (b) on the last day of the month during which the lieutenant governor issues a
1243 certificate of entity creation for the town under Section 67-1a-6.5 , if the election of town
1244 officers under Subsection (9) is held on any other date.
1245 (13) For each petition filed before March 5, 2008:
1246 (a) the petition is subject to and governed by the law in effect at the time the petition
1247 was filed; and
1248 (b) the law in effect at the time the petition was filed governs in all administrative and
1249 judicial proceedings relating to the petition.
1250 Section 19. Section 10-2-406 is amended to read:
1251 10-2-406. Notice of certification -- Publishing and providing notice of petition.
1252 (1) After receipt of the notice of certification from the city recorder or town clerk under
1253 Subsection 10-2-405 (2)(c)(i), the municipal legislative body shall:
1254 (a) (i) publish a notice:
1255 (A) at least once a week for three successive weeks, beginning no later than ten days
1256 after receipt of the notice of certification, in a newspaper of general circulation within:
1257 [(A)] (I) the area proposed for annexation; and
1258 [(B)] (II) the unincorporated area within 1/2 mile of the area proposed for annexation;
1259 [or] and
1260 (B) in accordance with Section 45-1-101 , for three weeks, beginning no later than ten
1261 days after receipt of the notice of certification; and
1262 (ii) in accordance with Subsection (1)(a)(i)(A), if there is no newspaper of general
1263 circulation within those areas, post written notices in conspicuous places within those areas
1264 that are most likely to give notice to residents within those areas; and
1265 (b) within 20 days of receipt of the notice of certification under Subsection
1266 10-2-405 (2)(c)(i), mail written notice to each affected entity.
1267 (2) (a) The notice under Subsections (1)(a) and (b) shall:

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- 42 - 1268 (i) state that a petition has been filed with the municipality proposing the annexation of
1269 an area to the municipality;
1270 (ii) state the date of the municipal legislative body's receipt of the notice of certification
1271 under Subsection 10-2-405 (2)(c)(i);
1272 (iii) describe the area proposed for annexation in the annexation petition;
1273 (iv) state that the complete annexation petition is available for inspection and copying
1274 at the office of the city recorder or town clerk;
1275 (v) state in conspicuous and plain terms that the municipality may grant the petition
1276 and annex the area described in the petition unless, within the time required under Subsection
1277 10-2-407 (2)(a)(i)(A), a written protest to the annexation petition is filed with the commission
1278 and a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
1279 municipality;
1280 (vi) state the address of the commission or, if a commission has not yet been created in
1281 the county, the county clerk, where a protest to the annexation petition may be filed;
1282 (vii) state that the area proposed for annexation to the municipality will also
1283 automatically be annexed to a local district providing fire protection, paramedic, and
1284 emergency services, as provided in Section 17B-1-416 , if:
1285 (A) the proposed annexing municipality is entirely within the boundaries of a local
1286 district:
1287 (I) that provides fire protection, paramedic, and emergency services; and
1288 (II) in the creation of which an election was not required because of Subsection
1289 17B-1-214 (3)(c); and
1290 (B) the area proposed to be annexed to the municipality is not already within the
1291 boundaries of the local district; and
1292 (viii) state that the area proposed for annexation to the municipality will be
1293 automatically withdrawn from a local district providing fire protection, paramedic, and
1294 emergency services, as provided in Subsection 17B-1-502 (2), if:
1295 (A) the petition proposes the annexation of an area that is within the boundaries of a
1296 local district:
1297 (I) that provides fire protection, paramedic, and emergency services; and
1298 (II) in the creation of which an election was not required because of Subsection

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- 43 - 1299 17B-1-214 (3)(c); and
1300 (B) the proposed annexing municipality is not within the boundaries of the local
1301 district.
1302 (b) The statement required by Subsection (2)(a)(v) shall state the deadline for filing a
1303 written protest in terms of the actual date rather than by reference to the statutory citation.
1304 (c) In addition to the requirements under Subsection (2)(a), a notice under Subsection
1305 (1)(a) for a proposed annexation of an area within a county of the first class shall include a
1306 statement that a protest to the annexation petition may be filed with the commission by
1307 property owners if it contains the signatures of the owners of private real property that:
1308 (i) is located in the unincorporated area within 1/2 mile of the area proposed for
1309 annexation;
1310 (ii) covers at least 25% of the private land area located in the unincorporated area
1311 within 1/2 mile of the area proposed for annexation; and
1312 (iii) is equal in value to at least 15% of all real property located in the unincorporated
1313 area within 1/2 mile of the area proposed for annexation.
1314 Section 20. Section 10-2-407 is amended to read:
1315 10-2-407. Protest to annexation petition -- Township planning commission
1316 recommendation -- Petition requirements -- Disposition of petition if no protest filed.
1317 (1) (a) A protest to an annexation petition under Section 10-2-403 may be filed by:
1318 (i) the legislative body or governing board of an affected entity; or
1319 (ii) for a proposed annexation of an area within a county of the first class, the owners
1320 of private real property that:
1321 (A) is located in the unincorporated area within 1/2 mile of the area proposed for
1322 annexation;
1323 (B) covers at least 25% of the private land area located in the unincorporated area
1324 within 1/2 mile of the area proposed for annexation; and
1325 (C) is equal in value to at least 15% of all real property located in the unincorporated
1326 area within 1/2 mile of the area proposed for annexation.
1327 (b) (i) A planning commission of a township located in a county of the first class may
1328 recommend to the legislative body of the county in which the township is located that the
1329 county legislative body file a protest against a proposed annexation under this part of an area

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- 44 - 1330 located within the township.
1331 (ii) (A) The township planning commission shall communicate each recommendation
1332 under Subsection (1)(b)(i) in writing to the county legislative body within 30 days of the city
1333 recorder or town clerk's certification of the annexation petition under Subsection 10-2-405 (2)
1334 (c)(i).
1335 (B) At the time the recommendation is communicated to the county legislative body
1336 under Subsection (1)(b)(ii)(A), the township planning commission shall mail or deliver a copy
1337 of the recommendation to the legislative body of the proposed annexing municipality and to the
1338 contact sponsor.
1339 (2) (a) Each protest under Subsection (1)(a) shall:
1340 (i) be filed:
1341 (A) no later than 30 days after the municipal legislative body's receipt of the notice of
1342 certification under Subsection 10-2-405 (2)(c)(i); and
1343 (B) (I) in a county that has already created a commission under Section 10-2-409 , with
1344 the commission; or
1345 (II) in a county that has not yet created a commission under Section 10-2-409 , with the
1346 clerk of the county in which the area proposed for annexation is located; and
1347 (ii) state each reason for the protest of the annexation petition and, if the area proposed
1348 to be annexed is located in a specified county, justification for the protest under the standards
1349 established in this chapter;
1350 (iii) if the area proposed to be annexed is located in a specified county, contain other
1351 information that the commission by rule requires or that the party filing the protest considers
1352 pertinent; and
1353 (iv) the name and address of a contact person who is to receive notices sent by the
1354 commission with respect to the protest proceedings.
1355 (b) The party filing a protest under this section shall on the same date deliver or mail a
1356 copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
1357 (c) Each clerk who receives a protest under Subsection (2)(a)(i)(B)(II) shall
1358 immediately notify the county legislative body of the protest and shall deliver the protest to the
1359 boundary commission within five days of its creation under Subsection 10-2-409 (1)(b).
1360 (d) Each protest of a proposed annexation of an area located in a county of the first

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- 45 - 1361 class under Subsection (1)(a)(ii) shall, in addition to the requirements of Subsections (2)(a) and
1362 (b):
1363 (i) indicate the typed or printed name and current residence address of each owner
1364 signing the protest; and
1365 (ii) designate one of the signers of the protest as the contact person and state the
1366 mailing address of the contact person.
1367 (3) (a) (i) If a protest is filed under this section:
1368 (A) the municipal legislative body may, at its next regular meeting after expiration of
1369 the deadline under Subsection (2)(a)(i)(A) and, for a proposed annexation of an area located in
1370 a county of the first class, except as provided in Subsection (3)(a)(iii), deny the annexation
1371 petition; or
1372 (B) if the municipal legislative body does not deny the annexation petition under
1373 Subsection (3)(a)(i)(A), the municipal legislative body may take no further action on the
1374 annexation petition until after receipt of the commission's notice of its decision on the protest
1375 under Section 10-2-416 .
1376 (ii) If a municipal legislative body denies an annexation petition under Subsection
1377 (3)(a)(i)(A), the municipal legislative body shall, within five days of the denial, send notice of
1378 the denial in writing to:
1379 (A) the contact sponsor of the annexation petition;
1380 (B) the commission;
1381 (C) each entity that filed a protest; and
1382 (D) if a protest was filed under Subsection (1)(a)(ii) for a proposed annexation of an
1383 area located in a county of the first class, the contact person.
1384 (iii) A municipal legislative body may not deny an annexation petition proposing to
1385 annex an area located in a county of the first class if:
1386 (A) the petition contains the signatures of the owners of private real property that:
1387 (I) is located within the area proposed for annexation;
1388 (II) covers a majority of the private land area within the area proposed for annexation;
1389 and
1390 (III) is equal in value to at least 1/2 of the value of all private real property within the
1391 area proposed for annexation;

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- 46 - 1392 (B) the population in the area proposed for annexation does not exceed 10% of the
1393 population of the proposed annexing municipality;
1394 (C) the property tax rate for municipal services in the area proposed to be annexed is
1395 higher than the property tax rate of the proposed annexing municipality; and
1396 (D) all annexations by the proposed annexing municipality during the year that the
1397 petition was filed have not increased the municipality's population by more than 20%.
1398 (b) (i) If no timely protest is filed under this section, the municipal legislative body
1399 may, subject to Subsection (3)(b)(ii), grant the petition and, by ordinance, annex the area that is
1400 the subject of the annexation petition.
1401 (ii) Before granting an annexation petition under Subsection (3)(b)(i), the municipal
1402 legislative body shall:
1403 (A) hold a public hearing; and
1404 (B) at least seven days before the public hearing under Subsection (3)(b)(ii)(A):
1405 (I) (Aa) publish notice of the hearing in a newspaper of general circulation within the
1406 municipality and the area proposed for annexation; or
1407 [(II)] (Bb) if there is no newspaper of general circulation in those areas, post written
1408 notices of the hearing in conspicuous places within those areas that are most likely to give
1409 notice to residents within those areas[.]; and
1410 (II) publish notice of the hearing in accordance with Section 45-1-101 .
1411 Section 21. Section 10-2-415 is amended to read:
1412 10-2-415. Public hearing -- Notice.
1413 (1) (a) (i) If the results of the feasibility study or supplemental feasibility study meet
1414 the requirements of Subsection 10-2-416 (3) with respect to a proposed annexation of an area
1415 located in a county of the first class, the commission shall hold a public hearing within 30 days
1416 of receipt of the feasibility study or supplemental feasibility study results.
1417 (ii) At the hearing under Subsection (1)(a)(i), the commission shall:
1418 (A) require the feasibility consultant to present the results of the feasibility study and, if
1419 applicable, the supplemental feasibility study;
1420 (B) allow those present to ask questions of the feasibility consultant regarding the study
1421 results; and
1422 (C) allow those present to speak to the issue of annexation.

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- 47 - 1423 (iii) (A) The commission shall:
1424 (I) publish notice of each hearing under Subsection (1)(a)(i):
1425 (Aa) at least once a week for two successive weeks in a newspaper of general
1426 circulation within the area proposed for annexation, the surrounding 1/2 mile of unincorporated
1427 area, and the proposed annexing municipality; and
1428 (Bb) in accordance with Section 45-1-101 for two weeks; and
1429 (II) send written notice of the hearing to the municipal legislative body of the proposed
1430 annexing municipality, the contact sponsor on the annexation petition, each entity that filed a
1431 protest, and, if a protest was filed under Subsection 10-2-407 (1)(a)(ii), the contact person.
1432 (B) [If] In accordance with Subsection (1)(a)(iii)(A)(I)(Aa), if there is no newspaper of
1433 general circulation within the areas described in Subsection (1)(a)(iii)(A)(I)(Aa), the
1434 commission shall give the notice required under that subsection by posting notices, at least
1435 seven days before the hearing, in conspicuous places within those areas that are most likely to
1436 give notice of the hearing to the residents of those areas.
1437 (C) The [notices] notice under Subsections (1)(a)(iii)(A) and (B) shall include the
1438 feasibility study summary under Subsection 10-2-413 (2)(b) and shall indicate that a full copy
1439 of the study is available for inspection and copying at the office of the commission.
1440 (b) (i) Within 30 days after the time under Subsection 10-2-407 (2) for filing a protest
1441 has expired with respect to a proposed annexation of an area located in a specified county, the
1442 boundary commission shall hold a hearing on all protests that were filed with respect to the
1443 proposed annexation.
1444 (ii) (A) At least 14 days before the date of each hearing under Subsection (1)(b)(i), the
1445 commission chair shall cause notice of the hearing to be published in a newspaper of general
1446 circulation within the area proposed for annexation.
1447 (B) Each notice under Subsection (1)(b)(ii)(A) shall:
1448 (I) state the date, time, and place of the hearing;
1449 (II) briefly summarize the nature of the protest; and
1450 (III) state that a copy of the protest is on file at the commission's office.
1451 (iii) The commission may continue a hearing under Subsection (1)(b)(i) from time to
1452 time, but no continued hearing may be held later than 60 days after the original hearing date.
1453 (iv) In considering protests, the commission shall consider whether the proposed

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- 48 - 1454 annexation:
1455 (A) complies with the requirements of Sections 10-2-402 and 10-2-403 and the
1456 annexation policy plan of the proposed annexing municipality;
1457 (B) conflicts with the annexation policy plan of another municipality; and
1458 (C) if the proposed annexation includes urban development, will have an adverse tax
1459 consequence on the remaining unincorporated area of the county.
1460 (2) (a) The commission shall record each hearing under this section by electronic
1461 means.
1462 (b) A transcription of the recording under Subsection (2)(a), the feasibility study, if
1463 applicable, information received at the hearing, and the written decision of the commission
1464 shall constitute the record of the hearing.
1465 Section 22. Section 10-2-418 is amended to read:
1466 10-2-418. Annexation of an island or peninsula without a petition -- Notice --
1467 Hearing.
1468 (1) (a) Notwithstanding Subsection 10-2-402 (2), a municipality may annex an
1469 unincorporated area under this section without an annexation petition if:
1470 (i) (A) the area to be annexed consists of one or more unincorporated islands within or
1471 unincorporated peninsulas contiguous to the municipality;
1472 (B) the majority of each island or peninsula consists of residential or commercial
1473 development;
1474 (C) the area proposed for annexation requires the delivery of municipal-type services;
1475 and
1476 (D) the municipality has provided most or all of the municipal-type services to the area
1477 for more than one year; or
1478 (ii) (A) the area to be annexed consists of one or more unincorporated islands within or
1479 unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
1480 residents; and
1481 (B) the municipality has provided one or more municipal-type services to the area for
1482 at least one year.
1483 (b) Notwithstanding Subsection 10-2-402 (1)(b)(iii), a municipality may annex a
1484 portion of an island or peninsula under this section, leaving unincorporated the remainder of

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- 49 - 1485 the unincorporated island or peninsula, if:
1486 (i) in adopting the resolution under Subsection (2)(a)(i), the municipal legislative body
1487 determines that not annexing the entire unincorporated island or peninsula is in the
1488 municipality's best interest; and
1489 (ii) for an annexation of one or more unincorporated islands under Subsection
1490 (1)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed,
1491 complies with the requirement of Subsection (1)(a)(ii)(A) relating to the number of residents.
1492 (2) (a) The legislative body of each municipality intending to annex an area under this
1493 section shall:
1494 (i) adopt a resolution indicating the municipal legislative body's intent to annex the
1495 area, describing the area proposed to be annexed;
1496 (ii) [(A)] publish notice:
1497 (A) (I) at least once a week for three successive weeks in a newspaper of general
1498 circulation within the municipality and the area proposed for annexation; or
1499 [(B)] (II) if there is no newspaper of general circulation in the areas described in
1500 Subsection (2)(a)(ii)(A), post at least one notice per 1,000 population in places within those
1501 areas that are most likely to give notice to the residents of those areas; and
1502 (B) in accordance with Section 45-1-101 for three weeks;
1503 (iii) send written notice to the board of each local district and special service district
1504 whose boundaries contain some or all of the area proposed for annexation and to the legislative
1505 body of the county in which the area proposed for annexation is located; and
1506 (iv) hold a public hearing on the proposed annexation no earlier than 30 days after the
1507 adoption of the resolution under Subsection (2)(a)(i).
1508 (b) Each notice under Subsections (2)(a)(ii) and (iii) shall:
1509 (i) state that the municipal legislative body has adopted a resolution indicating its intent
1510 to annex the area proposed for annexation;
1511 (ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
1512 (iii) describe the area proposed for annexation; and
1513 (iv) except for an annexation that meets the property owner consent requirements of
1514 Subsection (3)(b), state in conspicuous and plain terms that the municipal legislative body will
1515 annex the area unless, at or before the public hearing under Subsection (2)(a)(iv), written

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- 50 - 1516 protests to the annexation are filed by the owners of private real property that:
1517 (A) is located within the area proposed for annexation;
1518 (B) covers a majority of the total private land area within the entire area proposed for
1519 annexation; and
1520 (C) is equal in value to at least 1/2 the value of all private real property within the
1521 entire area proposed for annexation.
1522 (c) The first publication of the notice required under Subsection (2)(a)(ii)(A) shall be
1523 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
1524 (2)(a)(i).
1525 (3) (a) Upon conclusion of the public hearing under Subsection (2)(a)(iv), the
1526 municipal legislative body may adopt an ordinance annexing the area proposed for ann