H.B. 280

1

SPECIAL DISTRICTS ANNEXATION AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John B. Arrington
5 AN ACT RELATING TO SPECIAL DISTRICTS; MODIFYING THE PROVISIONS
6 RELATING TO ANNEXATION OF TERRITORY TO CERTAIN SPECIAL DISTRICTS;
7 ELIMINATING THE HEARING AND ELECTION REQUIREMENTS WHEN ALL
8 PROPERTY OWNERS SIGN AN ANNEXATION PETITION; AND MAKING TECHNICAL
9 CHANGES.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 17A-2-213, as last amended by Chapter 5, Laws of Utah 1991
13 17A-2-214, as last amended by Chapter 227, Laws of Utah 1993
14 17A-2-333, as last amended by Chapter 227, Laws of Utah 1993
15 17A-2-417, as last amended by Chapters 227 and 275, Laws of Utah 1993
16 17A-2-529, as last amended by Chapter 227, Laws of Utah 1993
17 17A-2-530, as last amended by Chapter 227, Laws of Utah 1993
18 17A-2-614, as last amended by Chapter 227, Laws of Utah 1993
19 17A-2-702, as last amended by Chapter 146, Laws of Utah 1994
20 17A-2-732, as renumbered and amended by Chapter 186, Laws of Utah 1990
21 17A-2-841, as renumbered and amended by Chapter 186, Laws of Utah 1990
22 17A-2-842, as renumbered and amended by Chapter 186, Laws of Utah 1990
23 17A-2-912, as last amended by Chapter 146, Laws of Utah 1994
24 17A-2-1327, as renumbered and amended by Chapter 186, Laws of Utah 1990
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 17A-2-213 is amended to read:
27 17A-2-213. Annexation of adjoining territory -- Procedure -- Necessity for approval

1 of board.
2 [After the organization of a cemetery maintenance district, additional territory] (1)
3 Territory adjoining [such] a cemetery maintenance district and lying within the same county may
4 be [added] annexed to [it and shall from that time forward be included in] the district by:
5 (a) the affirmative vote of a majority of the qualified electors of the [additional] proposed
6 annexing territory voting at an election held for that purpose [which]; or
7 (b) declaration of the county legislative body under Subsection (3)(a).
8 (2) The vote under Subsection (1)(a) may be taken either at a general or at a special
9 election held as provided in Section 17A-2-205. [However, additional]
10 (3) (a) (i) Subject to Subsection (4)(b), the county legislative body shall by resolution
11 declare territory adjoining a cemetery maintenance district annexed to the district if all the owners
12 of real property in the territory proposed to be annexed sign and file with the county clerk a
13 petition requesting annexation.
14 (ii) For purposes of Subsection (3)(a)(i), the owners of real property shall be determined
15 according to the latest assessment roll for county taxes prior to the filing of the petition.
16 (b) Each petition under Subsection (3)(a) shall:
17 (i) state the name of the cemetery maintenance district to which annexation is sought;
18 (ii) plainly and clearly designate the boundaries of the territory proposed to be annexed;
19 and
20 (iii) be accompanied by a map of the territory proposed to be annexed.
21 (4) Additional territory may not be annexed [or be included within the] to a cemetery
22 maintenance district unless [such] the annexation [and inclusion be] is first approved by the
23 cemetery maintenance board [of the existing district] by resolution entered on the minutes of the
24 board prior to:
25 (a) the election [on the question of] with respect to an annexation under Subsection (1)(a);
26 or
27 (b) the county legislative body's declaration under Subsection (3)(a) with respect to an
28 annexation under Subsection (1)(b).
29 (5) The [same] procedure [with such modifications in the form of petition, notices, ballots,
30 as may be necessary shall be adopted as] provided in Sections 17A-2-202 through 17A-2-206
31 [inclusive] shall be adopted for an annexation, with such modifications in the form of petition,

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1 notices, and ballots as may be necessary to adapt to an annexation proceeding.
2 Section 2. Section 17A-2-214 is amended to read:
3 17A-2-214. Annexation of additional territory within adjoining county --
4 Requirements.
5 [After the organization of a cemetery maintenance district additional] (1) Contiguous
6 territory adjoining and contiguous to [the] a cemetery maintenance district and located wholly
7 within an adjoining county may be [added] annexed to the district [and become a part of it] as
8 provided in this [part] section. [The]
9 (2) Except as provided in Subsections (3) through (9), annexation proceedings [for the
10 annexation] under this section shall be the same as the proceedings for the creation and
11 organization of a cemetery maintenance district [with the following exceptions and
12 modifications:].
13 [(1) The proceeding may be](3) (a) Annexation proceedings under this section are
14 initiated by a petition filed with the clerk of the county in which the territory proposed to be
15 annexed is located.
16 (b) The petition shall be signed by the owners of:
17 (i) at least 55% of the taxable value of [contiguous lands and not less than] the land within
18 the territory proposed to be annexed; and
19 (ii) at least 55% of the total land [areas aggregating not less than] area within the territory
20 proposed to be annexed.
21 (c) The territory proposed to be annexed under this section shall:
22 (i) be at least 2,000 acres in size; or [of less area but having]
23 (ii) have a taxable value of at least $500,000.
24 (d) For purposes of this section, the taxable value of the property within the territory
25 proposed [district] to be annexed shall be determined from the last assessment roll for ad valorem
26 taxes completed prior to the submission of the annexation petition to the county legislative body.
27 [(2)] (4) The petition [required by Section 17A-2-203] under Subsection (3)(a) shall:
28 (a) be filed with the [county legislative body] clerk of the county in which the territory
29 proposed to be annexed is situated[,];
30 (b) accurately describe the boundaries of the territory[,] proposed to be annexed;
31 (c) name and describe the cemetery maintenance district to which annexation is sought[,

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1 and];
2 (d) be accompanied by a map showing and distinguishing:
3 (i) the boundaries of the [original] cemetery maintenance district [and];
4 (ii) the boundaries of the territory proposed to be annexed; and [showing]
5 (iii) the location of the intervening county line[. The petition must]; and
6 (e) be accompanied by a certified copy of a resolution of the [Board of Cemetery
7 Maintenance Commissioners of the original district] cemetery maintenance board consenting to
8 the annexation.
9 [(3)] (5) (a) The notice of the hearing [on the petition] required under Section 17A-2-204
10 shall describe the territory proposed to be annexed and state that [certain] the described territory
11 is proposed to be annexed to [a named] the cemetery maintenance district and that any taxpayer
12 within the boundaries of the territory proposed to be annexed may offer and file any objections at
13 the time and place specified.
14 (b) An objection filed by a corporation owning property in the territory proposed [district]
15 to be annexed shall be sufficient if signed by [any] an officer or duly authorized agent of the
16 corporation.
17 (c) The order entered by the [local] county legislative body on the petition, if the petition
18 is granted, shall fix the boundaries of the annexed territory and direct [that] the cemetery
19 maintenance board to prepare a map [be prepared] of the newly expanded cemetery maintenance
20 district, under the direction of the clerk [of the county legislative body] of the county in which the
21 [original] cemetery maintenance district is situated.
22 [(4) An] (6) (a) The county legislative body of the county in which the territory proposed
23 to be annexed is located shall hold an election [shall be held] in the territory proposed to be
24 annexed and shall state the name of the district to which annexation is sought and that a map
25 showing the boundaries of the district and of the territory proposed to be annexed is on file in the
26 office of the clerk of the [local] county [legislative body] in which the territory is located.
27 (b) The notice shall prescribe the form of ballot to be cast which shall contain the words
28 "In favor of annexation to ___________________ Cemetery Maintenance District" and "Against
29 annexation to _________________ Cemetery Maintenance District."
30 [(5) The territory proposed to be annexed shall constitute one election and] (c) The ballot
31 shall direct that the voter indicate the voter's choice by a cross (X).

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1 [(6)] (7) (a) The territory proposed to be annexed shall constitute one election precinct and
2 there shall be added to the usual elector's oath, in case of challenge, the [following] words: "and
3 I am a resident within the boundaries of the territory proposed to be annexed to ___________
4 Cemetery Maintenance District."
5 (b) (i) The returns of the election shall be canvassed by the county legislative body of the
6 county in which the territory proposed to be annexed is situated [and if].
7 (ii) If it appears from the canvass that more than one-half the votes cast by the qualified
8 voters in the district [who have paid a property tax in the district in the year next preceding the
9 election] are in favor of the annexation, the board shall:
10 (A) by order entered on its minutes [shall] declare the territory a part of the cemetery
11 maintenance district to which annexation is sought [and];
12 (B) transmit a certified copy of the order [shall be transmitted] to the cemetery
13 maintenance board [of the original district] and also to the county legislative body of the county
14 in which the [original] district is situated[. A]; and
15 (C) file a certified copy of the order [shall also be filed] in the office of the county recorder
16 of the county in which the annexed territory [proposed to be annexed] is situated.
17 (c) (i) Prior to the next district election following the annexation, the cemetery
18 maintenance board shall divide the district into two subdistricts each of which shall comprise all
19 territory of the district situated within the boundaries of one county.
20 (ii) (A) The [commissioners of] members of the [district] cemetery maintenance board shall
21 then be elected at large [but no].
22 (B) No more than two members of the cemetery maintenance board may be residents of
23 the same county [and the commissioner].
24 (C) The position of the board member whose term of office first expires after the
25 annexation shall be [elected] filled by the voters of the entire district from among the qualified
26 electors of the annexed territory.
27 (d) Certified copies of appointments of secretary and treasurer of the district shall be filed
28 with the county clerk [of the county legislative body] and with the tax collector of each county in
29 which any portion of the district is situated[, and all].
30 (e) All taxes levied by the district shall be certified to and extended, collected, and remitted
31 by the proper officers of the county in which the property subject to the levy is situated.

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1 (8) If all the owners of real property within the territory proposed to be annexed have
2 signed a petition filed under this section:
3 (a) the requirements of a hearing under Section 17A-2-204 and of an election under
4 Sections 17A-2-205 and 17A-2-206 do not apply; and
5 (b) the county legislative body of the county in which the territory is located shall, by
6 resolution, immediately declare the territory to be annexed to the cemetery maintenance district.
7 (9) Territory may not be annexed to a cemetery maintenance district under this section
8 unless the cemetery maintenance board, by resolution, previously approves the annexation and
9 enters that approval on its minutes.
10 Section 3. Section 17A-2-333 is amended to read:
11 17A-2-333. Notice of intention to annex -- Resolution -- Writ of review.
12 (1) (a) After [such] the county legislative body adopts a resolution [shall have been
13 adopted by the county legislative body, said] under Section 17A-2-332, the county legislative body
14 shall give notice of its intention to annex [said] the area to [a specified] the improvement district.
15 (b) The notice shall define the area to be included [therein] in the improvement district and
16 the boundaries [thereof] of the area. [After complying]
17 (c) Before adopting a resolution under Subsection (2) determining whether the area is
18 annexed, the county legislative body shall, except as provided in Subsection (3), comply with the
19 provisions of Section 17A-2-304 as to notice, publication, taxpayer's protests, evidence of
20 ownership, and public hearing[, the].
21 (2) (a) After complying with Subsection (1), the county legislative body shall adopt a
22 resolution either annexing the property into the district or determining that it shall not be annexed
23 into the district. [Any]
24 (b) In adopting a resolution [so] under Subsection (2)(a) annexing an area into [the] an
25 improvement district, the county legislative body may [contain] make such changes as [may be
26 considered by the county legislative body] it considers to be equitable and necessary, including
27 changes in the boundaries [thereof] of the annexing area, to assure that the district [shall contain]
28 contains no property [which] that will not be benefited by being included in the district.
29 (c) Upon the county legislative body's adoption of [said] a resolution annexing an area into
30 an improvement district, the annexed area shall [become, and] be[,] an integral part of [such] the
31 district, and the taxable property [therein] in the annexed area shall be subject to taxation for the

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1 purposes of [said] the improvement district, including the payment of bonds and other obligations
2 of [such] the district at the time authorized or outstanding.
3 (d) Writ of review from the determination of the county legislative body [and the effect
4 thereof] shall be controlled by the provisions of [said] Section 17A-2-304.
5 (3) (a) If all the owners of real property within the area proposed to be annexed have
6 signed a petition filed under Section 17A-2-332:
7 (i) the notice requirement of Subsection (1)(a) and the requirement under Subsection (1)(c)
8 to comply with Section 17A-2-304 do not apply; and
9 (ii) the county legislative body shall:
10 (A) by resolution, immediately declare the area to be annexed to the improvement district;
11 and
12 (B) deliver a certified copy of the resolution to the board of trustees of the improvement
13 district.
14 (b) The owners of real property under Subsection (3)(a) shall be determined according to
15 the last assessment roll for county taxes completed prior to the filing of the petition.
16 Section 4. Section 17A-2-417 is amended to read:
17 17A-2-417. Annexation of other areas.
18 [Whenever] (1) Unincorporated territory within the county in which the county service
19 area is located, whether or not contiguous to the county service area, may be annexed to the county
20 service area as provided in this section.
21 (2) If the board of trustees determines that the services of the type being provided within
22 [a] the county service area should be provided in any other unincorporated portion of the county
23 [whether contiguous to the existing county service area or not, the county legislative body or], the
24 board of trustees may annex that territory to the county service area by following the procedures
25 established in this part for the formation of a new service area in that territory with whatever
26 changes are necessary to make the proceedings germane to the proposed action without denying
27 any persons their substantive rights.
28 (3) (a) Notwithstanding Subsection (2), the board of trustees shall by resolution declare
29 unincorporated territory annexed to the county service area if a petition is filed with the board of
30 trustees:
31 (i) requesting annexation of that territory;

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1 (ii) signed by all of the owners of real property within the territory proposed to be
2 annexed; and
3 (iii) containing an accurate description of the territory proposed to be annexed.
4 (b) For purposes of Subsection (3)(a), the owners of real property within the territory
5 proposed to be annexed shall be determined according to the last assessment roll for county taxes
6 completed prior to the filing of the petition.
7 Section 5. Section 17A-2-529 is amended to read:
8 17A-2-529. Procedure for annexation -- Petition -- Appeals by persons aggrieved --
9 Recordation and filing of order.
10 [Whenever a two-thirds majority of the landowners, and owners of title to at least
11 two-thirds of the total acreage of lands] (1) A contiguous area lying contiguous to [the corporate
12 limits of any existing] a drainage district [shall desire to annex such lands to such drainage district
13 they shall cause an accurate plat or map of such lands to be filed with the county legislative body,
14 together with a petition, in writing,] may be annexed to the drainage district as provided in this
15 section.
16 (2) Annexation proceedings may be initiated by a petition filed with the clerk of the
17 county:
18 (a) in which the drainage district is located, if within one county; or
19 (b) in which the greatest portion of the drainage district is located, if within more than one
20 county.
21 (3) The petition under Subsection (2) shall be:
22 (a) signed by [a] two-thirds [majority] of the owners of [such lands] real property in the
23 area proposed to be annexed and the owners of [title to] at least two-thirds of the total [acreage of
24 such contiguous lands described in such map] land area within the area; and
25 (b) accompanied by an accurate plat or map of the area proposed to be annexed. [At their]
26 (4) Upon receipt of a petition under Subsection (2), the county clerk shall deliver the
27 petition to the county legislative body.
28 (5) (a) Except as provided in Subsection (10), at its next regular meeting after receipt of
29 [such] the petition the county legislative body shall fix a time and place for the hearing of [such]
30 the petition[, and].
31 (b) (i) Except as provided in Subsection (10), the county legislative body shall give notice

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1 [thereof] of the hearing by:
2 (A) serving a copy of [such] the notice, map, and petition upon the board of supervisors
3 of the drainage district at least 15 days prior to the time set for [such] the hearing; and [by
4 publication of such]
5 (B) publishing the notice at least once each week for two consecutive weeks in a
6 newspaper having general circulation in the county or counties in which such drainage district is
7 situated.
8 (ii) The first publication of the notice under Subsection (5)(b)(i) shall not be less than 15
9 days nor more than 30 days prior to the date set for [such] the hearing. [Said]
10 (iii) The notice shall state generally the nature of the petition, the purpose of the hearing,
11 [and] the time and place when the county legislative body shall hear [said] the petition, and that
12 any [landowner] owner of real property within the drainage district may appear and oppose the
13 [granting of such] petition. [When such petition is presented to be heard the said county legislative
14 body shall hear said petition and may adjourn such hearing from time to time not exceeding four
15 weeks in all. On]
16 (6) (a) At the hearing of [said] the petition:
17 (i) the petitioners[,] or any interested party [interested therein,] may appear in support of
18 [such] the petition [and];
19 (ii) the board of supervisors[,] or any landowner within the drainage district may appear
20 and oppose the [granting of said] petition[,]; and
21 (iii) the petitioners and contestants may offer any competent evidence in regard [thereto]
22 to the petition. [It shall be the duty of the]
23 (b) The county legislative body may adjourn the hearing from time to time not exceeding
24 four weeks.
25 (c) The county legislative body [to] shall:
26 (i) hear and determine whether [or not said] the petition contains the signatures of [a]
27 two-thirds [majority] of the owners of [title or evidence of title to the lands] real property within
28 the area sought to be annexed[,] and the owners of [title or evidence of title of] at least two-thirds
29 of the total [acreage thus] land area within the area sought to be annexed[,]; and [to]
30 (ii) hear all competent evidence offered for or against the [granting of said] petition.
31 (7) (a) If the county legislative body, after hearing [any and] all competent evidence [that

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1 may be] offered [before it] for and against [said] the petition [shall find the same], finds that the
2 petition has not been signed as [hereinbefore] required in this section, or that it would be
3 inequitable to the landowners within the drainage district to permit such annexation, [such] the
4 county legislative body shall dismiss the petition [shall be dismissed] at the cost of the petitioners[;
5 but if the commissioners shall find].
6 (b) If the county legislative body finds that the petition has been signed as [hereinbefore
7 provided] required in this section and that the annexation [of such lands] will not be inequitable
8 to the landowners within the drainage district, the [commissioners] county legislative body shall
9 so find.
10 (c) After hearing all of the evidence offered for or against [said] the petition, the county
11 legislative body shall determine whether or not [such lands] the area shall be annexed to the
12 drainage district and shall so order. [Such]
13 (d) The county legislative body's findings and order shall be conclusive upon the owners
14 of [such contiguous lands] real property within the area that they have assented to the inclusion
15 of their [lands] property within the boundaries of the drainage district and that they have accepted
16 all the provisions of this part. [The]
17 (e) (i) Except as provided in Subsection (7)(e)(ii), the county legislative body, in making
18 an order annexing [any such lands] an area to the drainage district, may make such changes in the
19 proposed new boundaries of the drainage district caused by the annexation [of such new lands] as
20 the [commissioners shall deem] county legislative body considers proper [and establish and define
21 such new boundaries, provided, that said board shall].
22 (ii) Notwithstanding Subsection (7)(e)(i), the county legislative body may not modify
23 [such] the new boundaries so as to exclude [therefrom] any land included in the new boundaries
24 which is susceptible to drainage by the system of drainage works applicable to the other lands
25 annexed to the district pursuant to the petition.
26 (8) (a) Any person aggrieved by [such] an order of annexation may, at any time within 30
27 days after the entry [thereof] of the order, appeal [the same] to the district court of the county in
28 which [such] the district is situated.
29 (b) The procedure in [such appeals] an appeal shall conform to the Civil Code as nearly
30 as may be.
31 (9) (a) The county legislative body shall:

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1 (i) cause a copy of [such] the order [annexing such lands] of annexation, duly certified,
2 to be filed for record in the office of the county recorder of each county in which any portion of
3 [such] the annexed [lands are] area is situated[,]; and [must]
4 (ii) immediately file a copy [thereof] of the order of annexation with the county clerk of
5 each county in which any portion of [said] the district [may lie] lies.
6 (b) Upon the recording and filing of [such order the lands annexed to the drainage district]
7 the order of annexation, the area annexed shall be a part [thereof] of the drainage district.
8 (10) (a) Notwithstanding Subsections (5), (6), and (7), the county legislative body shall
9 order the area annexed to the drainage district if:
10 (i) the petition filed under Subsection (2) contains the signatures of all the owners of real
11 property within the area proposed to be annexed; and
12 (ii) the county legislative body determines that the petition is supported by the board of
13 supervisors of the drainage district.
14 (b) The determination of owners under Subsection (10)(a)(i) shall be according to the last
15 assessment roll for county taxes completed prior to the filing of the petition under Subsection (2).
16 Section 6. Section 17A-2-530 is amended to read:
17 17A-2-530. Viewing of annexed land by board of supervisors -- Assessment for
18 taxation -- Board of equalization -- Hearing -- Notice -- Lien for taxes.
19 (1) The board of supervisors shall, as soon as [may be] practicable after the recording of
20 the order [annexing such lands,] of annexation:
21 (a) view each tract of land so annexed to the district [and shall];
22 (b) carefully consider all the damages and benefits that each particular tract of land shall
23 receive from the annexation to the drainage district and from the construction[,] and maintenance
24 of such drainage system[,]; and
25 (c) assess each tract of land in accordance with the benefits to be received by it, making
26 proper allowance for damage, if there be any.
27 (2) After [such] the assessment under Subsection (1) is made, the secretary of the board
28 of supervisors[,] shall transmit the [same] assessment to the county legislative body [and the].
29 (3) (a) The county legislative body shall:
30 (i) at its next regular meeting fix a time and place where it shall sit as a board of
31 equalization and equalize and determine the benefits and taxes to be assessed against [such] the

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1 land[,]; and [shall cause]
2 (ii) except as provided in Subsection (3)(b), publish a notice of the board of equalization
3 hearing [thereon to be published] at least once each week for two consecutive weeks in a
4 newspaper having general circulation in the county or counties where [such] the drainage district
5 is situated.
6 (b) If the annexation resulted from a petition signed by all the owners of real property
7 within the annexed area whose addresses were included in the petition, the county legislative body
8 may, in lieu of the notice under Subsection (3)(a)(ii), give notice of the board of equalization
9 hearing by mailing a copy of the notice to each owner of real property at the address stated in the
10 petition.
11 (c) (i) The first publication of [such] the notice required under Subsection (3)(a)(ii) shall
12 not be less than 15 days or more than 30 days prior to the date of [such] the hearing[, and when].
13 (ii) If the residence or post office address of [any] an owner of the lands so annexed is
14 known, the county clerk [of the county legislative body] shall cause a copy of [such] the notice and
15 a copy of the proposed benefits to be sent by United States mail to [such] the landowner at least
16 15 days prior to the time fixed for [such] the hearing.
17 (d) The notice shall state generally the purpose of [such] the hearing and the time and
18 place where the county legislative body shall meet as a board of equalization to hear and determine
19 any complaint against [such] the assessments.
20 (4) (a) The county legislative body, at the time and place stated in [said] the notice, shall
21 sit as a board of equalization and [it] shall make and determine the benefits to be assessed against
22 each tract of annexed land [so annexed]. [Thereupon such]
23 (b) The assessment of benefits[,] shall be added to and made a part of the benefit
24 assessment roll of the drainage district, and thereafter:
25 (i) all such lands, easements, or interests in land shall be assessed in accordance with the
26 assessment roll; and
27 (ii) such assessment roll of benefits and taxes shall be the basis of a lien upon the parcels
28 of land or interest in land as thus equalized for all district purposes and indebtedness.
29 Section 7. Section 17A-2-614 is amended to read:
30 17A-2-614. Annexation of contiguous territory -- Procedure -- Petition -- Special
31 election.

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1 [Any territory] (1) Territory contiguous with a fire protection district may be annexed to
2 [such] the district as provided in this section.
3 (2) (a) Annexation is initiated by filing a petition [of] signed by 25% or more of the
4 [holders] owners of [title to] real property [or evidence of title] within the territory proposed to be
5 annexed. [Such]
6 (b) The petition shall be filed with the fire commissioners of the fire protection district
7 [and if].
8 (c) If the [said] fire commissioners [shall] concur with [said] the petition, they shall then
9 file [such] the petition with the county legislative body. [The]
10 (3) (a) Except as provided in Subsection (3)(b), the proceedings by the county legislative
11 body shall be the same as for the organization of a district under this part[. Provided, however],
12 except that the special election shall be held only within the boundaries of the territory proposed
13 to be annexed to [said] the fire protection district.
14 (b) Notwithstanding Subsection (3)(a), if a petition filed under Subsection (2)(a) has been
15 signed by all the owners of real property within the territory proposed to be annexed:
16 (i) the hearing requirements of Sections 17A-2-603 and 17A-2-604 and the election
17 requirements of Section 17A-2-605 and 17A-2-606 do not apply; and
18 (ii) immediately upon receipt of the petition from the fire protection district commissioners
19 under Subsection (2)(c), the county legislative body shall by resolution declare the territory to be
20 annexed to the fire protection district.
21 Section 8. Section 17A-2-702 is amended to read:
22 17A-2-702. Petition for irrigation district -- Duty of the county legislative body and
23 state engineer.
24 For the purpose of establishing [a water conservation] an irrigation district as provided by
25 this part, a petition shall be filed with the county legislative body of the county which embraces
26 the largest acreage of the proposed district; said petition shall state that it is the purpose of the
27 petitions to organize [a water conservation] an irrigation district under the provisions of this part,
28 and shall state the proposed means of water supply, the name proposed for such district and shall
29 be accompanied by an ownership plat as shown by the county records of the lands to be included
30 in the proposed district; the petition shall pray the county legislative body to request that a water
31 survey and allotment of water for the lands within the proposed district be made, that the land to

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1 be included in the proposed district be determined, listed with water allotment and platted, and that
2 the question of final organization of the same be submitted to the vote of landowners within the
3 proposed district; the petition shall be signed by the governor, or if proposed by landowners, by
4 50 or a majority of such landowners or holders of title or evidence of title to land within the
5 proposed district. If the petition is presented by landowners it must be accompanied by a good and
6 sufficient bond to be approved by the county legislative body in double the amount of the probable
7 cost of organizing such district inclusive of the cost of water survey and conditioned for the
8 payment of all such costs incurred in said proceeding including the cost of water survey in case
9 said organization shall not be effected; no bond need accompany the petition by the governor. The
10 cost of the water survey, and all other costs incurred upon petition filed by the governor, shall, if
11 organization of the district be not effected, be borne 1/2 by the county or counties in which the
12 proposed district is situated, in proportion to the acreage, and 1/2 by the state of Utah. In case
13 organization of the district is effected, all organizing costs and expenses, including the cost of the
14 water survey, shall be repaid by said district. Upon the filing of such petition with the county
15 legislative body they shall send a certified copy of same to the state engineer of the state of Utah,
16 with a request that the water survey and allotment be made. Thereupon it shall be the duty of the
17 state engineer to cause to be made a water survey of all lands within the district for the purpose
18 of determining and allotting the maximum amounts of water which could be beneficially used on
19 such land; each 40-acre tract or smaller tracts in separate ownership within each such legal
20 subdivision shall be separately surveyed and the allotment made therefor. On completion of said
21 survey and allotment, the state engineer shall file with the county legislative body with which the
22 petition for the said district is filed, his return of survey and report of allotment. Upon receipt of
23 the report and return from the state engineer, the county legislative body shall cause to be
24 published, notice that petition for formation of an irrigation district has been filed, water survey
25 and allotment made, and a date set for the hearing of applications for exclusion and inclusion of
26 lands and revision of allotments. Such notice shall be published once a week for three consecutive
27 weeks, the last publication of which shall be at least one week prior to the date set for hearing, in
28 some newspaper of general circulation published in the county, or if the district embraces lands
29 in more than one county, then in a newspaper of general circulation published in each such county,
30 or if there be no such paper published in any such county or counties, then in some newspaper
31 having general circulation in such county or counties.

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1 Section 9. Section 17A-2-732 is amended to read:
2 17A-2-732. Notice of application -- Procedure -- Time -- Costs.
3 [The] (1) (a) (i) Except as provided in Subsection (1)(b), the secretary of the board of
4 directors shall cause notice of the filing of [such] a petition under Section 17A-2-731 to be given
5 as provided in Section 17A-2-702[, which].
6 (ii) The notice shall:
7 (A) state the filing of such petition and the names of the petitioners, a description of the
8 lands mentioned in said petition, and the prayer of [said] the petitioners[,]; and [shall]
9 (B) notify all persons interested to appear at the office of [said] the board at a time named
10 in [said] the notice[,] and show cause, in writing, [if any they have] why the petition should not
11 be granted.
12 (iii) The time specified in the notice [at which they shall be required to show cause] under
13 Subsection (1)(a)(ii)(B) shall be the regular meeting of the board next after the expiration of the
14 time for the publication of the notice.
15 (b) If a petition under Section 17A-2-731 has been signed by all the owners of real
16 property within the area proposed for inclusion and contains their addresses:
17 (i) the requirement under Subsection (1)(a)(i) to give notice of the petition as provided in
18 Section 17A-2-702 does not apply;
19 (ii) the meeting at which the board will consider the petition may not occur until the next
20 regular meeting of the board that is at least seven days after mailing the notice under Subsection
21 (1)(b)(iii); and
22 (iii) the secretary of the board of directors shall give the owners written notice through the
23 United States mail, addressed to the address specified in the petition under Section 17A-2-731, of
24 the date, time, and place of the meeting of the board where the board will consider the petition.
25 (2) The petitioner or petitioners shall advance to the secretary sufficient money to pay the
26 estimated cost of all proceedings under such petition before the secretary shall be required to give
27 [such] notice required under this section.
28 Section 10. Section 17A-2-841 is amended to read:
29 17A-2-841. Annexation to district -- Validity of proceedings.
30 [Annexation to the territory of any] (1) Territory may be annexed to a metropolitan water
31 district [organized hereunder may be effected by either of the following methods:] as provided in

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1 this section.
2 [(1)] (2) If [any area is annexed to or consolidated with any] a city[, the area of which city
3 shall be a part of any] within a metropolitan water district [organized under this part, the annexed
4 or consolidated area] adds territory to the city by annexation or by consolidation with another city,
5 that territory shall, by virtue of [its] the annexation or consolidation [to the city], become and be
6 a part of the district and is taxable in accordance with the provisions of this part, to pay the
7 indebtedness of the district outstanding at the time of annexation or consolidation.
8 [(2) The] (3) (a) If the governing or legislative body of [any] a municipality [may apply
9 to] requests the controller of [any] a metropolitan water district for a statement showing the
10 amount of the bonded and other indebtedness of the district, the taxable value of the taxable
11 property in the district according to the most recent assessment, and the names of all
12 municipalities[, the areas of which are] included within the district, [and] the controller shall [then]
13 furnish the requested information [to the applicant].
14 (b) After consideration of the statement, the governing or legislative body of the
15 municipality may apply to the board of directors of the metropolitan water district for consent to
16 annex the municipality to the metropolitan water district.
17 (c) (i) The board of directors may grant or deny the application [and in granting].
18 (ii) If the board of directors grants the application, it may fix the terms and conditions
19 upon which the city may be annexed to [and become a part of] the metropolitan water district.
20 [The action of the]
21 (d) The board of directors [evidenced by order made on motion] shall [be] promptly
22 [transmitted] transmit to the governing or legislative body of the applying city[, which] a copy of
23 the board's order indicating its action on the application.
24 (e) (i) If the board grants the application, the city's governing or legislative body [may
25 then] shall, except as provided in Subsection (f), submit to the qualified electors of the city, at any
26 general or special election held in the city, the proposition of the annexation subject to the terms
27 and conditions fixed as provided in this part. [Notice]
28 (ii) The governing or legislative body shall give notice of the election [shall be given by
29 posting or publication; when given]:
30 (A) by posting the notice [shall be posted] at least ten days and in three public places in
31 the city; [when given by publication] or

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1 (B) publishing the notice [shall be published] once at least ten days before the date fixed
2 for the election in a newspaper of general circulation in the city.
3 (iii) The notice shall contain the substance of the terms and conditions fixed by the board
4 of directors.
5 (iv) The election shall be conducted and the returns canvassed in the manner provided by
6 law for municipal elections in the city.
7 (f) (i) An election is not required under Subsection (e) if a petition approving annexation
8 is filed with the city's governing or legislative body that:
9 (A) is signed by a majority of the registered voters residing in the city; and
10 (B) contains the substance of the terms and conditions fixed by the metropolitan water
11 district's board of directors.
12 (ii) If a petition filed under Subsection (3)(f)(i) meets the requirements of that subsection,
13 the city's governing or legislative body shall so certify to the board of directors of the metropolitan
14 water district.
15 (g) If [the proposition] annexation receives approval either by the affirmative vote of a
16 majority of electors of the city voting at the election under Subsection (3)(e) or by a petition under
17 Subsection (3)(f), the governing or legislative body of the municipality shall certify the result of
18 the election or petition on the proposition to the board of directors of the district [and a certificate
19 of proceedings shall be made by].
20 (h) (i) Upon the board's receipt of the certification under Subsection (3)(g), the secretary
21 of the district shall prepare and [filed] file with the lieutenant governor a certificate of annexation
22 indicating that all the requirements of this section for annexation have been complied with.
23 (ii) Upon the filing of the certificate in the office of the lieutenant governor, the
24 municipality [is an integral] shall be part of the metropolitan water district, and the taxable
25 property in the municipality shall be subject to taxation for the purposes of the metropolitan water
26 district, including the payment of bonds and other obligations of the district at the time authorized
27 or outstanding.
28 [(3)] (4) The validity of [any] proceedings for the annexation of a municipality or city to
29 any district organized under this part may not be contested in [any] an action unless the action is
30 brought within three months after the completion of the proceedings, or, in case such proceedings
31 are completed prior to the time that this section takes effect, then within three months after this

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1 section becomes effective.
2 Section 11. Section 17A-2-842 is amended to read:
3 17A-2-842. Withdrawal from district.
4 Any municipality whose corporate area has become or is a part of any water district may
5 withdraw therefrom in the following manner:
6 The governing body of any such municipality may submit to the electors thereof at any
7 general or special election the proposition of withdrawing from any water district incorporated
8 thereunder. Notice of such election shall be given in the manner provided in Subsection
9 17A-2-841[(2)](3)(e). Such election shall be conducted and the returns thereof canvassed in the
10 manner provided by law for the conduct of municipal elections in said city. In the event that the
11 majority of the electors voting thereon vote in favor of such withdrawal, the result thereof shall
12 be certified by the governing body of such municipality to the board of directors of the district.
13 A certificate of the proceedings hereunder shall be made by the secretary of the district and filed
14 with the lieutenant governor, and upon the filing of such certificate the area of the municipality
15 so withdrawing shall be excluded from the said water district, and shall no longer be a part thereof;
16 provided, however, that the property within the said municipality as it shall exist at the time of
17 such exclusion shall continue taxable for the purpose of paying said bonded and other indebtedness
18 outstanding or contracted for, at the time of such exclusion and until such bonded or other
19 indebtedness shall have been satisfied.
20 Section 12. Section 17A-2-912 is amended to read:
21 17A-2-912. Annexation of area into district -- Conditions -- Procedures -- Petition
22 -- Resolution -- Protests.
23 (1) [Any] A county legislative body, upon its own motion, may by resolution declare that
24 the public health, convenience, and necessity requires the annexation of an area into a mosquito
25 abatement district if [either]:
26 (a) there is presented to the county legislative body a petition setting forth the area and
27 boundaries proposed to be annexed to the district, signed by:
28 (i) the legislative body of any city or town included or partially included within the area;
29 (ii) 25% or more of the owners of real property included within the proposed area; or
30 (iii) 10% of the registered voters of the area; or
31 (b) the annexing district is already providing district services for the proposed area, then

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1 it is the duty of the county legislative body to adopt the resolution.
2 (2) (a) After the resolution has been adopted, the county legislative body shall, except as
3 provided in Subsection (3), give notice of its intention to annex the area to a specified mosquito
4 abatement district.
5 (b) The notice shall:
6 (i) define the area and the boundaries to be annexed [and shall];
7 (ii) describe the services to be provided[. The notice shall];
8 (iii) be published in a newspaper of general circulation at least once a week for three
9 successive weeks[,]; and [shall]
10 (iv) designate a time and place not more than 40 days nor less than 21 days after the first
11 publication[,] where all interested parties may be heard in support or in opposition to the
12 annexation.
13 (3) (a) If the county legislative body certifies that a petition filed under Subsection
14 (1)(a)(ii) or (iii) contains the signatures of all owners of real property within the area or all
15 registered voters within the area, as the case may be:
16 (i) the notice and hearing requirements of Subsection (2) do not apply;
17 (ii) the protest provisions of Subsection (4) do not apply; and
18 (iii) the county legislative body shall immediately declare, by resolution, the area to be
19 annexed to the mosquito abatement district.
20 (b) For purposes of Subsection (3)(a), the owners of real property shall be determined
21 according to the last assessment roll for county taxes completed prior to the filing of a petition
22 under Subsection (1)(a)(ii).
23 (4) If a written protest, signed by more than 25% in number of the real property owners
24 according to the last assessment roll within the area proposed for annexation or by more than 30%
25 of the registered voters in the area, is filed with the county clerk within 30 days after the
26 conclusion of the hearing under Subsection (2)(b)(iv), then the annexation shall not be completed.
27 [Upon completion, however,]
28 (5) If annexation is completed, the county clerk shall notify the board of trustees of the
29 district[, together with] and shall make any other notifications to the lieutenant governor and State
30 Tax Commission that are required by law.
31 Section 13. Section 17A-2-1327 is amended to read:

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1 17A-2-1327. Adding additional services -- Annexing additional area.
2 [After] (1) Subject to the provisions of Subsections (2) and (3), after the establishment of
3 a service district, additional services from that specified in the resolution establishing the district
4 may be added and additional area from that specified in the resolution may be annexed to the
5 district by using the procedure provided for in this part for the establishment of the district with
6 appropriate changes in the wording of the required instruments. [No]
7 (2) (a) Notwithstanding Subsection (1), additional services may not be added and
8 additional area[, however, shall] may not be annexed to the service district and the governing
9 authority shall abandon the additional services or annexation proceedings if written protests are
10 filed at or before the hearing by:
11 (i) with respect to proceedings to add services:
12 (A) the owners of [more than 50% of the taxable value of the taxable property within the
13 area to be annexed or if] more than 50% of the taxable value of the taxable property within the
14 [established] district [(as determined from the owners, properties, and taxable values shown on the
15 assessment rolls last completed prior to the adoption of the resolution proposing the annexation)];
16 or
17 (B) more than 50% of the qualified electors [of the area to be annexed or more than 50%
18 of the qualified electors] of the [established] district [(as determined from the registration lists last
19 made or revised) file written protests to the annexation at or prior to the hearing regarding it]; or
20 (ii) with respect to proceedings to annex new area:
21 (A) the owners of more than 50% of the taxable value of the taxable property within the
22 area to be annexed; or
23 (B) more than 50% of the qualified electors of the area to be annexed.
24 (b) (i) The determination of owners, properties, and taxable value under Subsection (2)(a)
25 shall be according to the assessment rolls last completed before the adoption of the resolution
26 proposing the addition of services or annexation.
27 (ii) The determination of qualified electors under Subsection (2)(a) shall be from the
28 registration lists last made or revised before the adoption of the resolution proposing the addition
29 of services or annexation.
30 (3) (a) Notwithstanding Subsection (1), the notice, hearing, and protest requirements of
31 Sections 17A-2-1307, 17A-2-1308, and 17A-2-1309 do not apply if a petition for additional

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1 services or annexation of additional area is filed with the governing body of the service district
2 containing the signatures of all owners of all taxable real property:
3 (i) within the service district, if the petition is for additional services; or
4 (ii) within the area proposed to be annexed, if the petition is for annexation of additional
5 area.
6 (b) For purposes of Subsection (3)(a), the owners of taxable property shall be determined
7 according to the assessment roll last completed before the filing of the petition.




Legislative Review Note
as of 1-22-97 1:10 PM

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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