H.B. 150 Enrolled

COUNTY IMPROVEMENT DISTRICT
BOUNDARY ADJUSTMENT
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Marda Dillree
AN ACT RELATING TO SPECIAL DISTRICTS; ESTABLISHING A PROCEDURE FOR
COUNTY IMPROVEMENT DISTRICTS WITH COMMON BOUNDARIES TO
ADJUST THE BOUNDARIES.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
17A-2-339, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17A-2-339 is enacted to read:
17A-2-339. Adjustment of common boundaries -- Notice and hearing -- Protest --
Property taxes after the boundary adjustment.
(1) Two or more districts having common boundaries and providing the same services may
adjust their common boundaries as provided in this section.
(2) (a) The board of trustees of each district desiring to adjust a boundary shared with
another district shall:
(i) hold a public hearing within the district on the proposed boundary adjustment;
(ii) publish a notice:
(A) indicating the board's intent to adjust the common boundary;
(B) describing the proposed boundary adjustment;
(C) setting forth the reasons for the proposed boundary adjustment; and
(D) giving the date, time, and place of the public hearing; and
(iii) mail written notice containing the information set forth in Subsection (2)(a)(ii) to all
owners of real property located within that part of the district that is proposed to be transferred to
another district due to the proposed boundary adjustment.
(b) Notwithstanding Subsection (2)(a)(iii), the board of trustees is not required to mail

notice to an owner of real property located outside the board of trustees' district.
(c) (i) The board of trustees shall publish the notice required under Subsection (2)(a)(ii) in
a newspaper of general circulation within the district once a week for three successive weeks.
(ii) The notice may be combined with the notice provided by the district whose common
boundary is proposed to be adjusted.
(d) (i) The board of trustees shall hold the public hearing required under Subsection (2)(a)(i)
no less than 21 days and no more than 40 days after the notice required under Subsection (2)(a)(ii)
is first published.
(ii) At the public hearing or at any subsequent time to which the hearing is adjourned, the
board of trustees shall give full consideration to all protests filed under Subsection (3) and shall hear
all persons desiring to be heard.
(e) The boards of trustees of districts proposing to adjust a common boundary may modify
the boundary adjustment when the boards determine the modification to be equitable and necessary
under the circumstances.
(3) (a) At any time before the conclusion of the public hearing required under Subsection
(2)(a)(i), a taxpayer residing within the district may protest the proposed boundary adjustment by
filing with the board of trustees a written protest, signed by the taxpayer.
(b) If protests are filed by more than 25% of the real property owners within the area of the
proposed boundary adjustment, the board of trustees may not make the boundary adjustment.
(c) Any person who has filed a protest and wishes to withdraw that protest, or who has filed
a protest, withdrawn the protest, and wishes to cancel the withdrawal, shall do so on or before the
date set for the public hearing.
(d) A written protest filed by a corporation owning real property in the district is sufficient
if it is signed by the president, vice president, or duly authorized agent of the corporation.
(e) (i) Where title to any real property in the district is held in the name of more than one
person, all of the persons holding the title to that property must join in the signing of the written
protest.
(ii) The deed records of the county shall be accepted as final and conclusive evidence of the

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ownership of the real property in the district.
(4) (a) At the next regular meeting of the board of trustees following the public hearing
required under Subsection (2)(a)(i), the board of trustees shall vote on whether to adjust the common
boundary.
(b) If the board of trustees votes in favor of the boundary adjustment, it shall adopt a
resolution approving the boundary adjustment and deliver a copy of the resolution to the board of
trustees of the district whose common boundary is proposed to be adjusted.
(5) (a) If the board of trustees of each district whose common boundary is proposed to be
adjusted votes in favor of the boundary adjustment and adopts a resolution under Subsection (4)(b),
the districts shall file:
(i) in the office of the county recorder, a map or plat of the districts' boundaries, as adjusted,
prepared by or under the direction of and certified by the county surveyor or another qualified
surveyor; and
(ii) in the county clerk's office, a notice of the boundary adjustment.
(b) Upon filing a map or plat and a notice under Subsection (5)(a), the boundary adjustment
shall be complete.
(6) After a boundary adjustment has been made, a property owner may petition the district
court for review of the actions of the board of trustees of a district in making the boundary
adjustment if:
(a) the property owner filed a written protest under Subsection (3);
(b) the petition for review is filed within 30 days after the date of the resolution making the
boundary adjustment; and
(c) the petition alleges that:
(i) the property owner's property will not be benefitted by the boundary adjustment; or
(ii) the procedures used to make the boundary adjustment violated the law.
(7) A district that transfers property to another district due to a boundary adjustment under
this section:
(a) shall continue to levy and collect property tax on that property as though still part of the

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district to the extent necessary to pay the property's proportionate share of the district's general
obligation bonds outstanding at the time of the boundary adjustment; and
(b) may not continue to levy or collect taxes or other charges from the property, unless and
only to the extent and for the period necessary to avoid a default in the payment of principal or
interest on the district's revenue bonds outstanding at the time of the boundary adjustment.

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