H.B. 150

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COUNTY IMPROVEMENT DISTRICT
2 BOUNDARY ADJUSTMENT
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Marda Dillree
6 AN ACT RELATING TO SPECIAL DISTRICTS; ESTABLISHING A PROCEDURE FOR
7 COUNTY IMPROVEMENT DISTRICTS WITH COMMON BOUNDARIES TO ADJUST
8 THE BOUNDARIES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 17A-2-339, Utah Code Annotated 1953
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 17A-2-339 is enacted to read:
14 17A-2-339. Adjustment of common boundaries -- Notice and hearing -- Protest --
15 Property taxes after the boundary adjustment.
16 (1) Two or more districts having common boundaries and providing the same services may
17 adjust their common boundaries as provided in this section.
18 (2) (a) The board of trustees of each district desiring to adjust a boundary shared with
19 another district shall:
20 (i) hold a public hearing within the district on the proposed boundary adjustment; and
21 (ii) publish a notice:
22 (A) indicating the board's intent to adjust the common boundary;
23 (B) describing the proposed boundary adjustment;
24 (C) setting forth the reasons for the proposed boundary adjustment; and
25 (D) giving the date, time, and place of the public hearing.
26 (b) (i) The board of trustees shall publish the notice required under Subsection (2)(a)(ii)
27 in a newspaper of general circulation within the district once a week for three successive weeks.

1 (ii) The notice may be combined with the notice provided by the district whose common
2 boundary is proposed to be adjusted.
3 (c) (i) The board of trustees shall hold the public hearing required under Subsection
4 (2)(a)(i) no less than 21 days and no more than 40 days after the notice required under Subsection
5 (2)(a)(ii) is first published.
6 (ii) At the public hearing or at any subsequent time to which the hearing is adjourned, the
7 board of trustees shall give full consideration to all protests filed under Subsection (3) and shall
8 hear all persons desiring to be heard.
9 (d) The boards of trustees of districts proposing to adjust a common boundary may modify
10 the boundary adjustment when the boards determine the modification to be equitable and necessary
11 under the circumstances.
12 (3) (a) At any time before the conclusion of the public hearing required under Subsection
13 (2)(a)(i), a taxpayer residing within the district may protest the proposed boundary adjustment by
14 filing with the board of trustees a written protest, signed by the taxpayer.
15 (b) If protests are filed by more than 25% of the real property owners within the area of
16 the proposed boundary adjustment, the board of trustees may not make the boundary adjustment.
17 (c) Any person who has filed a protest and wishes to withdraw that protest, or who has
18 filed a protest, withdrawn the protest, and wishes to cancel the withdrawal, shall do so on or before
19 the date set for the public hearing.
20 (d) A written protest filed by a corporation owning real property in the district is sufficient
21 if it is signed by the president, vice president, or duly authorized agent of the corporation.
22 (e) (i) Where title to any real property in the district is held in the name of more than one
23 person, all of the persons holding the title to that property must join in the signing of the written
24 protest.
25 (ii) The deed records of the county shall be accepted as final and conclusive evidence of
26 the ownership of the real property in the district.
27 (4) (a) At the next regular meeting of the board of trustees following the public hearing
28 required under Subsection (2)(a)(i), the board of trustees shall vote on whether to adjust the
29 common boundary.
30 (b) If the board of trustees votes in favor of the boundary adjustment, it shall adopt a
31 resolution approving the boundary adjustment and deliver a copy of the resolution to the board of

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1 trustees of the district whose common boundary is proposed to be adjusted.
2 (5) (a) If the board of trustees of each district whose common boundary is proposed to be
3 adjusted votes in favor of the boundary adjustment and adopts a resolution under Subsection
4 (4)(b), the districts shall file:
5 (i) in the office of the county recorder, a map or plat of the districts' boundaries, as
6 adjusted, prepared by or under the direction of and certified by the county surveyor or another
7 qualified surveyor; and
8 (ii) in the county clerk's office, a notice of the boundary adjustment.
9 (b) Upon filing a map or plat and a notice under Subsection (5)(a), the boundary
10 adjustment shall be complete.
11 (6) After a boundary adjustment has been made, a property owner may petition the district
12 court for review of the actions of the board of trustees of a district in making the boundary
13 adjustment if:
14 (a) the property owner filed a written protest under Subsection (3);
15 (b) the petition for review is filed within 30 days after the date of the resolution making
16 the boundary adjustment; and
17 (c) the petition alleges that:
18 (i) the property owner's property will not be benefitted by the boundary adjustment; or
19 (ii) the procedures used to make the boundary adjustment violated the law.
20 (7) A district that transfers property to another district due to a boundary adjustment under
21 this section:
22 (a) shall continue to levy and collect property tax on that property as though still part of
23 the district to the extent necessary to pay the property's proportionate share of the district's general
24 obligation bonds outstanding at the time of the boundary adjustment; and
25 (b) may not continue to levy or collect taxes or other charges from the property, unless and
26 only to the extent and for the period necessary to avoid a default in the payment of principal or
27 interest on the district's revenue bonds outstanding at the time of the boundary adjustment.


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Legislative Review Note
as of 1-8-97 7:13 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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