Second Substitute S.B. 55

1

PUBLICATION OF LEGAL NOTICES BY
2 POLITICAL SUBDIVISIONS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Ed P. Mayne
6 AN ACT RELATING TO CITIES, TOWNS, COUNTIES, LOCAL TAXING UNITS, SPECIAL
7 DISTRICTS, AND PUBLIC FUNDS AND ACCOUNTS; MODIFYING NOTICE
8 PROVISIONS; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 10-3-711, as last amended by Chapter 9, Laws of Utah 1984
12 10-7-20, as last amended by Chapter 232, Laws of Utah 1991
13 10-8-8.4, as enacted by Chapter 14, Laws of Utah 1955
14 11-30-5, as enacted by Chapter 197, Laws of Utah 1987
15 17A-3-306, as renumbered and amended by Chapter 186, Laws of Utah 1990
16 17A-3-407, as renumbered and amended by Chapter 186, Laws of Utah 1990
17 51-3-3, Utah Code Annotated 1953
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 10-3-711 is amended to read:
20 10-3-711. Publication and posting of ordinances.
21 [All ordinances,] (1) Before an ordinance may take effect, the legislative body of each
22 municipality adopting an ordinance, except [those] an ordinance enacted [pursuant to Sections]
23 under Section 10-3-706 [to], 10-3-707, 10-3-708, 10-3-709, or 10-3-710, [before taking effect]
24 shall [be deposited]:
25 (a) deposit a copy of the ordinance in the office of the municipal recorder; and
26 (b) (i) publish a short summary of the ordinance [published] at least once:
27 (A) in a newspaper published within the municipality[,]; or

1 (B) if there is no newspaper published [therein, then by posting] within the municipality,
2 in a newspaper of general circulation within the municipality; or
3 (ii) post a complete [copies] copy of the ordinance:
4 (A) for a city of the first class, in nine public places within the city; or
5 (B) for any other municipality, in three public places within the municipality.
6 (2) (a) Any ordinance, code, or book, other than the state code, relating to building or
7 safety standards, municipal functions, administration, control, or regulations, may be adopted and
8 shall take effect without further publication or posting, if reference is made to the code or book and
9 at least three copies for cities or at least one copy for towns have been filed for use and
10 examination by the public in the office of the recorder or clerk of the city or town prior to the
11 adoption of the ordinance by the governing body.
12 (b) Any state law relating to building or safety standards, municipal functions,
13 administration, control, or regulations, may be adopted and shall take effect without further
14 publication or posting if reference is made to the state code.
15 (c) The ordinance adopting the code or book shall be published in the manner provided
16 in this section.
17 Section 2. Section 10-7-20 is amended to read:
18 10-7-20. Definition -- Necessity for contract -- Call for bids -- Acceptance or rejection
19 -- Retainage escrow.
20 (1) As used in this section, the term "lowest responsible bidder" means any prime
21 contractor who:
22 (a) has bid in compliance with the invitation to bid and within the requirements of the
23 plans and specifications for a construction project[, who];
24 (b) is the low bidder[, who];
25 (c) has furnished a bid bond or equivalent in money as a condition to the award of a prime
26 contract; and [who]
27 (d) furnishes a payment and performance bond as required by law.
28 (2) (a) Whenever the board of commissioners or city council of any city or the board of
29 trustees of any town contemplates making any new improvement to be paid for out of the general
30 funds of the city or town, the governing body shall cause plans and specifications for, and an
31 estimate of the cost of, the improvement to be made.

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1 (b) If the estimated cost of the improvement is less than $25,000, the city or town may
2 make the improvement without calling for bids for making the same.
3 (c) (i) If the estimated cost of the proposed improvement exceeds [the amount above
4 mentioned] $25,000, the city or town shall, if it determines to make the improvement, do so by
5 contract let to the lowest responsible bidder after publication of notice at least twice in a newspaper
6 published or of general circulation [printed and published] in that city or town at least five days
7 prior to the opening of bids. [However, in cities or towns where]
8 (ii) If there is no newspaper [is printed or] published [therein, this] or of general circulation
9 in the city or town, the notice shall be posted at least five days prior to the opening of bids in at
10 least five public places in the city or town. [This] The notice shall remain posted for at least three
11 days. [When]
12 (d) If the cost of a contemplated improvement exceeds the sum of $25,000, the same shall
13 not be so divided as to permit the making of such improvement in several parts, except by contract.
14 (e) (i) The governing body has the right to reject any or all bids presented, and all notices
15 calling for bids shall so state.
16 (ii) If all bids are rejected and the governing body decides to make the improvement, it
17 shall advertise anew in the same manner as before.
18 (iii) If after twice advertising as [herein] provided in this section, no bid is received that
19 is satisfactory, the governing body may proceed under its own direction to make the improvement.
20 (3) (a) If any payment on a contract with a private person, firm, or corporation is retained
21 or withheld, it shall be placed in an interest-bearing account and the interest shall accrue for the
22 benefit of the contractor and subcontractors to be paid after the project is completed and accepted
23 by the board of commissioners or city council of the city, or the board of trustees of the town.
24 (b) It is the responsibility of the contractor to ensure that any interest accrued on the
25 retainage is distributed by the contractor to subcontractors on a pro rata basis.
26 (4) (a) Cities and towns are not required to call for bids or let contracts for the conduct or
27 management of any of the departments, business, or property of the city or town, for lowering or
28 repairing water mains or sewers, making connections with water mains or sewers, or for grading,
29 repairing, or maintaining streets, sidewalks, bridges, culverts, or conduits in any city or town.
30 (b) Work excluded under this Subsection (4) shall comply with Section 27-12-108.1 as
31 applicable.

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1 Section 3. Section 10-8-8.4 is amended to read:
2 10-8-8.4. Notice -- How given.
3 No street or alley shall be so vacated, unless notice of the pendency of the petition and
4 prayer thereof, and the date of the hearing thereon, if such petition is filed, or of the intention of
5 the governing body of the city to vacate, and the date of the hearing on such question if no petition
6 is filed, be given by publishing in a newspaper published or of general circulation in such city once
7 a week for four consecutive weeks preceding action on such petition or intention, or, where no
8 newspaper is published or of general circulation in the city by posting the notice in three public
9 places therein four consecutive weeks preceding such action, and by mailing such notice to all
10 owners of record of land abutting the street or alley proposed to be vacated addressed to the
11 mailing addresses appearing on the rolls of the county assessor of the county wherein said land is
12 located. Action thereon shall take place within three months after the completion of notice.
13 Section 4. Section 11-30-5 is amended to read:
14 11-30-5. Publication of order for hearing.
15 (1) Prior to the date set for hearing, the clerk of the court shall cause the order to be
16 published once each week for three consecutive weeks in a newspaper published or of general
17 circulation [published] within the boundaries of the public body or, if the public body has no
18 defined boundaries or there is no newspaper published or of general circulation within the defined
19 boundaries, a newspaper reasonably calculated to notify all parties, which has been approved by
20 the court.
21 (2) If a refunding bond is being validated, all holders of the bonds to be refunded may be
22 made defendants to the action, in which case notice may be made, and if so made shall be
23 [deemed] considered sufficient, by mailing a copy of the order to each holder's last-known address.
24 (3) By publication of the order, all defendants shall have been duly served and shall be
25 parties to the proceedings.
26 Section 5. Section 17A-3-306 is amended to read:
27 17A-3-306. Notice of intention to create district -- Publication -- Mailing.
28 (1) (a) The notice of intention shall be published in a newspaper published in the
29 municipality, or if there is no newspaper published in the municipality, then in a newspaper having
30 general circulation in the municipality[, except that in cities].
31 (b) In a city of the third class or [towns] a town where there is no newspaper published or

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1 of general circulation in the city or town, the governing body may provide that the notice of
2 intention be given by posting in lieu of publication of this notice.
3 (2) If the notice is published, it shall be published once during each week for four
4 successive weeks, the last publication to be at least five days and not more than 20 days prior to
5 the time fixed in the notice as the last day for filing of protests.
6 (3) If the notice is posted, it shall be posted in at least three public places in the
7 municipality at least 20 and not more than 35 days prior to the time fixed in the notice as the last
8 day for the filing of protests. [In addition, not]
9 (4) (a) No later than [10] ten days after the first publication or posting of the notice, it shall
10 be mailed, postage prepaid: [(1)]
11 (i) addressed to each owner of property to be assessed within the special improvement
12 district at the last-known address of that owner using for this purpose the names and addresses
13 appearing on the last completed real property assessment rolls of the county in which the property
14 is located; and [(2)]
15 (ii) addressed to "owner" at the street number of each piece of improved property to be
16 assessed.
17 (b) If a street number has not been [so] assigned, then the post office box, rural route
18 number, or any other mailing address of the improved property shall be used for the mailing of the
19 notice under Subsection (4)(a)(ii).
20 Section 6. Section 17A-3-407 is amended to read:
21 17A-3-407. Publication or posting of notice.
22 (1) The notice of intention to establish a district shall be published at least once a week
23 during three consecutive weeks, the first publication to be not less than 21 days nor more than 35
24 days before the hearing, in a newspaper [having] published or of general circulation in the county
25 or municipality proposing the establishment of the district[; except for districts].
26 (2) (a) If a district is located entirely within [cities] a city of the third class or [towns] town
27 where there is no newspaper published or of general circulation in the city or town, the governing
28 authority of that city or town may provide that the notice of intention may be given by posting in
29 lieu of publication of the notice. [In this event the]
30 (b) The notice of intention under Subsection (2)(a) shall be posted by the city recorder,
31 town clerk, or other officer designated by the governing authority in at least five public places in

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1 the city or town at least 21 days before the hearing.
2 Section 7. Section 51-3-3 is amended to read:
3 51-3-3. Publication of costs of public works.
4 (1) In the case of [counties, cities, towns, school districts and] a county, city, town, school
5 district, or other political [subdivisions] subdivision, the total cost of such public work or
6 construction, together with a statement of the estimated cost [thereof], shall within [ninety] 90 days
7 after substantial completion [thereof] of the public work or construction be published in a
8 newspaper of general circulation [published therein, or if] in the county, city, town, school district,
9 or other political subdivision.
10 (2) If there is no such newspaper, it shall be posted in at least five public places in such
11 county, city, town, school district or other political subdivision[; provided, that such].
12 (3) Notwithstanding Subsections (1) and (2), if the statement [may be] is published as a
13 part of the official proceedings of the governing body of the county, city, town, school district, or
14 other political subdivision, [and in that event] no further publication or posting shall be required.




Legislative Review Note
as of 2-24-97 9:59 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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