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Second Substitute S.B. 80
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5 AN ACT RELATING TO SPECIAL DISTRICTS AND LIMITED PURPOSE LOCAL
6 GOVERNMENT ENTITIES; REPEALING CREATION PROCEDURES FOR CERTAIN
7 TYPES OF INDEPENDENT SPECIAL DISTRICTS; ENACTING CREATION
8 PROCEDURES FOR LOCAL DISTRICTS AND APPLYING THOSE PROCEDURES TO
9 CERTAIN TYPES OF INDEPENDENT SPECIAL DISTRICTS; MAKING CONFORMING
10 CORRECTIONS; MAKING TECHNICAL CORRECTIONS; PROVIDING AN EFFECTIVE
11 DATE; AND PROVIDING A COORDINATION CLAUSE.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 17A-2-202, as last amended by Chapter 227, Laws of Utah 1993
15 17A-2-301, as last amended by Chapters 173, 316 and 342, Laws of Utah 1995
16 17A-2-402, as last amended by Chapter 21, Laws of Utah 1997
17 17A-2-403, as renumbered and amended by Chapter 186, Laws of Utah 1990
18 17A-2-411, as last amended by Chapter 21, Laws of Utah 1997
19 17A-2-412, as last amended by Chapter 227, Laws of Utah 1993
20 17A-2-502, as last amended by Chapter 273, Laws of Utah 1991
21 17A-2-508, as last amended by Chapter 227, Laws of Utah 1993
22 17A-2-601, as renumbered and amended by Chapter 186, Laws of Utah 1990
23 17A-2-607, as last amended by Chapter 227, Laws of Utah 1993
24 17A-2-614, as last amended by Chapter 322, Laws of Utah 1997
1 17A-2-701, as renumbered and amended by Chapter 186, Laws of Utah 1990
2 17A-2-702, as last amended by Chapter 322, Laws of Utah 1997
3 17A-2-803, as renumbered and amended by Chapter 186, Laws of Utah 1990
4 17A-2-906, as last amended by Chapter 273, Laws of Utah 1991
5 17A-2-1048, as renumbered and amended by Chapter 186, Laws of Utah 1990
6 17A-2-1404, as last amended by Chapter 10, Laws of Utah 1997
7 ENACTS:
8 17A-2-101, Utah Code Annotated 1953
9 17B-2-101, Utah Code Annotated 1953
10 17B-2-201, Utah Code Annotated 1953
11 17B-2-202, Utah Code Annotated 1953
12 17B-2-203, Utah Code Annotated 1953
13 17B-2-204, Utah Code Annotated 1953
14 17B-2-205, Utah Code Annotated 1953
15 17B-2-206, Utah Code Annotated 1953
16 17B-2-207, Utah Code Annotated 1953
17 17B-2-208, Utah Code Annotated 1953
18 17B-2-209, Utah Code Annotated 1953
19 17B-2-210, Utah Code Annotated 1953
20 17B-2-211, Utah Code Annotated 1953
21 17B-2-212, Utah Code Annotated 1953
22 17B-2-213, Utah Code Annotated 1953
23 17B-2-214, Utah Code Annotated 1953
24 17B-2-215, Utah Code Annotated 1953
25 17B-2-216, Utah Code Annotated 1953
26 17B-2-216.1, Utah Code Annotated 1953
27 REPEALS:
28 17A-2-605, as last amended by Chapter 146, Laws of Utah 1994
29 17A-2-606, as last amended by Chapter 227, Laws of Utah 1993
30 17A-2-703, as last amended by Chapter 146, Laws of Utah 1994
31 17A-2-704, as last amended by Chapter 146, Laws of Utah 1994
1 17A-2-804, as renumbered and amended by Chapter 186, Laws of Utah 1990
2 17A-2-805, as renumbered and amended by Chapter 186, Laws of Utah 1990
3 17A-2-806, as renumbered and amended by Chapter 186, Laws of Utah 1990
4 17A-2-807, as renumbered and amended by Chapter 186, Laws of Utah 1990
5 17A-2-808, as renumbered and amended by Chapter 186, Laws of Utah 1990
6 17A-2-809, as last amended by Chapter 227, Laws of Utah 1993
7 17A-2-816, as renumbered and amended by Chapter 186, Laws of Utah 1990
8 17A-2-817, as renumbered and amended by Chapter 186, Laws of Utah 1990
9 17A-2-902, as renumbered and amended by Chapter 186, Laws of Utah 1990
10 17A-2-903, as renumbered and amended by Chapter 186, Laws of Utah 1990
11 17A-2-904, as last amended by Chapter 146, Laws of Utah 1994
12 17A-2-905, as renumbered and amended by Chapter 186, Laws of Utah 1990
13 17A-2-1005, as renumbered and amended by Chapter 186, Laws of Utah 1990
14 17A-2-1006, as renumbered and amended by Chapter 186, Laws of Utah 1990
15 17A-2-1007, as renumbered and amended by Chapter 186, Laws of Utah 1990
16 17A-2-1008, as renumbered and amended by Chapter 186, Laws of Utah 1990
17 17A-2-1009, as renumbered and amended by Chapter 186, Laws of Utah 1990
18 17A-2-1010, as renumbered and amended by Chapter 186, Laws of Utah 1990
19 17A-2-1011, as last amended by Chapter 5, Laws of Utah 1991
20 17A-2-1012, as renumbered and amended by Chapter 186, Laws of Utah 1990
21 17A-2-1013, as renumbered and amended by Chapter 186, Laws of Utah 1990
22 17A-2-1014, as renumbered and amended by Chapter 186, Laws of Utah 1990
23 17A-2-1015, as renumbered and amended by Chapter 186, Laws of Utah 1990
24 17A-2-1403, 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-2-101 is enacted to read:
27
28 17A-2-101. Creation procedures for certain independent special districts.
29 (1) Beginning the effective date of this section, the creation of a special district under Part
30 2, Cemetery Maintenance Districts, Part 3, County Improvement Districts for Water, Sewerage,
31 Flood Control, Electric and Gas, Part 4, County Service Area Act, Part 7, Irrigation Districts, Part
1 8, Metropolitan Water District Act, Part 9, Mosquito Abatement Districts, Part 10, Utah Public
2 Transit District Act, and Part 14, Water Conservancy Districts shall, except as provided under
3 Subsection (2), be governed by Title 17B, Chapter 2, Part 2, Creation of Local Districts, except
4 Section 17B-2-216.1, to the same extent as if a local district under Title 17B, Chapter 2, Local
5 Districts, were proposed to be created.
6 (2) Notwithstanding Subsection (1), the provisions of Title 17B, Chapter 2, Part 2,
7 Creation of Local Districts, do not apply to proceedings for the creation of one of the types of
8 independent special districts listed in Subsection (1) that were initiated before and are pending on
9 the effective date of this section.
10 (3) The provisions of Title 17B, Chapter 2, Part 2, Creation of Local Districts, do not
11 apply to an independent special district under this chapter created before the effective date of this
12 section.
13 (4) (a) For each type of independent special district listed in Subsection (1), the provisions
14 of the part under this chapter that applies to that district govern with respect to the appointment
15 or election of the governing body of that type of independent special district after its creation under
16 Title 17B, Chapter 2, Part 2, Creation of Local Districts.
17 (b) If application of the provisions of Title 17B, Chapter 2, Part 2, Creation of Local
18 Districts, results in the creation of an independent special district before the governing body of that
19 district, under the applicable provisions of this chapter, takes office, the responsible body, as
20 defined in Subsection 17B-2-201(1)(l), shall be the governing body of the district until the
21 governing body takes office under the applicable provisions of this chapter.
22 (5) Notwithstanding Section 17B-2-202, an independent special district listed in
23 Subsection (1) may be created to provide only the services that are authorized under the part of this
24 chapter applicable to that type of district.
25 Section 2. Section 17A-2-202 is amended to read:
26 17A-2-202. Creation and organization of district.
27 (1) If the owners of at least 55% of the taxable value of lands and not less than 55% of the
28 total land area aggregating not less than 3,000 acres of contiguous territory or consisting of
29 contiguous territory of less extent but having a taxable value of at least $500,000 at the last
30 preceding county assessment, desire to provide for the organization of the territory as a cemetery
31 maintenance district, none of their lands being included within the boundaries of an already created
1 and organized cemetery maintenance district under the terms of this part, the district may be
2 created and organized as provided in this part. For purposes of this section, the taxable value of
3 the property within the proposed district shall be determined from the last assessment roll for ad
4 valorem taxes completed prior to the submission of the petition to the county legislative body.
5 (2) All provisions of this part that establish, govern, or state the requirements and
6 procedure for the creation of a cemetery maintenance district:
7 (a) are superseded by the provisions of Title 17B, Chapter 2, Part 2, Creation of Local
8 Districts, with respect to the creation of a cemetery maintenance district; and
9 (b) remain valid to the extent they establish, govern, or state the requirements or procedure
10 for annexation to an existing cemetery maintenance district.
11 Section 3. Section 17A-2-301 is amended to read:
12 17A-2-301. Improvement district authority -- Area -- Creation provisions superseded
13 -- Exception.
14 (1) [
15
16 through construction, purchase, gift, or condemnation, or any combination of these methods, and
17 may operate all or any part of [
18 [
19 [
20 [
21 waters;
22 [
23 [
24 if the system is:
25 [
26 defined in Section 54-2-1, regulated under Section 54-4-1; and
27 [
28 service is not available within the district prior to the acquisition or construction of [
29 the system. [
30 (b) The new gas utility service under Subsection (1)(a)(v)(B) shall be provided by a gas
31 corporation regulated under Section 54-4-1 and not by the district.
1 (2) (a) The area of any district [
2 county or counties, including all or any part of any incorporated municipalities, other incorporated
3 areas, and unincorporated areas, as the needs of the inhabitants of the proposed districts may
4 appear.
5 (b) The boundaries of a district created under this part do not need to be contiguous.
6 [
7
8
9 (3) [
10 of acquiring a system for the collection, retention, or disposition of storm and flood waters, the
11 county legislative body [
12 anything to the contrary in Section 17A-2-305, act as the board of trustees of the district for so
13 long as it considers desirable.
14 (4) All provisions of this part that establish, govern, or state the requirements and
15 procedure for the creation of an improvement district:
16 (a) are superseded by the provisions of Title 17B, Chapter 2, Part 2, Creation of Local
17 Districts, with respect to the creation of an improvement district; and
18 (b) remain valid to the extent they establish, govern, or state the requirements or procedure
19 for annexation to an existing improvement district.
20 Section 4. Section 17A-2-402 is amended to read:
21 17A-2-402. Legislative intent.
22 [
23
24 [
25
26
27 [
28 service areas is a result of the growth in unincorporated areas of some counties. As a result of the
29 large population growth and intensive residential, commercial, and industrial development in
30 unincorporated areas, extended governmental services are needed.
31 [
1 government to meet adequately the needs of unincorporated areas, and also recognizes that
2 unincorporated areas should pay for the extended services provided.
3 [
4 may also be extended to incorporated areas of the county at the request of the municipality and
5 pursuant to procedures set forth in this part.
6 Section 5. Section 17A-2-403 is amended to read:
7 17A-2-403. Services which may be supplied by a county service area -- Creation
8 provisions superseded -- Exception.
9 (1) Whenever an unincorporated area in a county requires one or more of the following
10 extended services which are not provided on a countywide basis: extended police protection; fire
11 protection; culinary or irrigation water retail service; water conservation; local park, recreation or
12 parkway facilities and services; cemeteries; public libraries; sewers, sewage and storm water
13 treatment and disposal; flood control; garbage and refuse collection; street lighting; airports;
14 planning and zoning; local streets and roads; curb, gutter and sidewalk construction and
15 maintenance; mosquito abatement; health department services; hospital service, such services may
16 be supplied by a county service area. If the provision of said services shall require the issuance
17 of bonds or the creation of long-term obligations said services may be supplied by means available
18 at law as herein provided.
19 (2) All provisions of this part that establish, govern, or state the requirements and
20 procedure for the creation of a county service area:
21 (a) are superseded by the provisions of Title 17B, Chapter 2, Part 2, Creation of Local
22 Districts, with respect to the creation of a county service area; and
23 (b) remain valid to the extent they establish, govern, or state the requirements or procedure
24 for annexation to an existing county service area.
25 Section 6. Section 17A-2-411 is amended to read:
26 17A-2-411. Board of trustees -- Selection procedures -- Terms -- Surety bonds.
27 (1) Each service area [
28 consisting of three or more members created as provided in this section.
29 (2) (a) [
30 county legislative body may [
31 of the county shall act as the trustees of the service area.
1 (b) Upon passage of the ordinance, the county legislative body of the county shall act as
2 trustees of the service area with all the powers, authority, and responsibility vested in the trustees
3 under this part.
4 (c) (i) The county legislative body, when acting as trustees, may use any existing county
5 offices, officers, or employees for the purposes of the service area.
6 (ii) The county legislative body shall charge costs of those services to the service area and
7 require them to be paid to the county treasurer for the general fund of the county.
8 (3) At any time after the creation of a board of trustees as provided in Subsection (1), if
9 no elected board has been established as provided in this section, the county legislative body of
10 the [
11 (a) by ordinance, delegate its powers to an appointed or elected board of trustees as
12 provided in [
13 (b) provide for the appointment or election of the board by following the procedures and
14 requirements of [
15 (4) At any time after the creation of a board of trustees as provided in Subsections (2) and
16 (3), the county legislative body shall hold an election for trustees by following the procedures and
17 requirements of [
18 (a) the county legislative body receives a petition requesting that an election for trustees
19 be held that is:
20 (i) signed by at least 10% of persons eligible to vote in [
21 area [
22 (ii) filed with the county legislative body at least 30 days before the date set for a bond
23 election or 90 days before the date set for any municipal election; or
24 (b) territory located within a municipality is annexed into the county service area under
25 Section 17A-2-417.
26 (5) (a) If there is no elected board of trustees at the time of the first bond election, trustees
27 shall be elected in conjunction with that bond election.
28 (b) Candidates for election to the board of trustees shall be taxpayers and qualified voters
29 in the service area.
30 (c) At any time within 30 days after the county legislative body has called a bond election,
31 but not less than 15 days before the day of election, any person who is qualified to vote in the
1 service area may file a signed statement with the county clerk announcing that he is a candidate
2 to be one of the first elected trustees of the service area.
3 (d) The board of trustees shall provide a ballot separate from the bond ballot that contains
4 the names of the candidates and blanks in which the voters may write in additional names.
5 (e) [
6 (f) The persons receiving the highest number of votes at the election are members of the
7 board of trustees.
8 (6) (a) Members of the first board of trustees shall serve for two and four year terms,
9 beginning on the first Monday in January after the election.
10 (b) Initial terms shall be selected by lot and shall be apportioned so that, whenever
11 possible, equal numbers of the board will serve for two years and four years.
12 (c) After the first election, except for appointments made to fill unexpired terms, the term
13 of each member is four years.
14 (7) (a) Each member of the board of trustees may vote on all questions, orders, resolutions,
15 and ordinances coming before the board.
16 (b) Each trustee shall receive compensation of not more than $1,500 per year as
17 determined by the board of trustees, except that when the county legislative body acts as the board
18 of trustees, no compensation may be paid to them as trustees.
19 (c) Each trustee who is also a member of the county legislative body shall take the oath
20 of office and shall give the bond that is required by law for members of the county legislative
21 body.
22 (d) All laws pertinent to the giving and filing of oaths and bonds for members of the
23 county legislative body apply to the trustees.
24 (e) Trustees who are not members of the county legislative body shall take the oath of
25 office and shall give a bond in the amount, and with the sureties, prescribed by the county
26 legislative body.
27 (8) All qualified voters in the service area may vote in elections to select trustees and in
28 elections to approve the issuance of bonds.
29 (9) (a) Following the election or appointment of the first trustees, [
30 shall be elected according to the procedures and requirements of [
31 Special District Board Selection Procedures.
1 (b) Each trustee shall take office on the first Monday in January following [
2 trustee's election.
3 (10) Within a reasonable time after their appointment, the trustees shall meet and elect one
4 of their members as chairman and shall appoint a clerk and a treasurer, or a clerk-treasurer.
5 (11) [
6 according to the procedures and requirements of [
7 Board Selection Procedures.
8 Section 7. Section 17A-2-412 is amended to read:
9 17A-2-412. Service area deemed body corporate -- Powers.
10 [
11 service area [
12 quasi-municipal public corporation [
13 (2) A county service area[
14
15 [
16 Utah in the manner provided by law for the exercise of eminent domain power by counties[
17 [
18 [
19 of the service area to carry out the functions of the service area including[
20
21 corporations, county service areas or districts[
22 [
23 or facilities afforded by the service area to its consumers and [
24 revenues so derived to the payment of any bonds of the service area, whether the bonds are issued
25 as revenue bonds or as general obligations of the service area[
26
27
28
29
30
31
1
2
3 [
4 properties, including water and water rights, owned by the service area upon such terms and
5 conditions as the board of trustees may determine[
6 [
7 and water rights, [
8
9 acquire [
10 [
11 officers, or employees for purposes of the service area when in the opinion of the board of trustees
12 it is advisable to do so; [
13
14
15 [
16 including attorneys, accountants, engineers, and fiscal agents, and [
17
18 (i) (A) require officers and employees charged with the handling of funds to furnish good
19 and sufficient surety bonds; or [
20 (B) purchase a blanket surety bond for all officers and employees[
21 [
22 [
23 [
24 affairs.
25 (3) (a) If the county service area issues revenue bonds payable solely from the revenue of
26 commodities, services, and facilities, the fees and charges imposed shall always be sufficient to
27 carry out the provisions of the resolution authorizing the bonds.
28 (b) The board of trustees may take necessary action to assure the collection and
29 enforcement of all fees and charges imposed.
30 (c) If the county service area furnishes more than one commodity, service, or facility, the
31 board of trustees may bill for the fees and charges for all commodities, services, and facilities in
1 a single bill.
2 (d) The board of trustees may suspend furnishing commodities, services, or facilities to
3 a consumer if the consumer fails to pay all fees and charges when due.
4 (4) Except for services rendered by the county executive, a county executive may charge
5 the county service area a reasonable amount for services rendered pursuant to a request under
6 Subsection (2)(g).
7 Section 8. Section 17A-2-502 is amended to read:
8 17A-2-502. Formation -- Time limit.
9 No drainage district under this part may be formed [
10 June 30, 1975, but a special [
11 formed under [
12 Section 9. Section 17A-2-508 is amended to read:
13 17A-2-508. Bonds of supervisors.
14 [
15
16 of [
17 subscribe to the constitutional oath of office[
18 clerk.
19 (2) Each supervisor shall execute an official bond to the district in such sum as may be
20 fixed and with sureties approved by the county legislative body.
21 (3) Bonds [
22 the official bonds of county officers.
23 Section 10. Section 17A-2-601 is amended to read:
24 17A-2-601. Establishment -- Time limit -- Exceptions.
25 [
26
27
28 30, 1975, except that fire protection services may be rendered as provided under [
29
30 Municipal-Type Services to Unincorporated Areas, or [
31 Service Area Act.
1 Section 11. Section 17A-2-607 is amended to read:
2 17A-2-607. Legal existence of district -- Powers.
3 [
4
5
6
7
8
9 specifically conferred by law upon such corporation.
10 Section 12. Section 17A-2-614 is amended to read:
11 17A-2-614. Annexation of contiguous territory -- Procedure -- Petition -- Special
12 election.
13 (1) Territory contiguous with a fire protection district may be annexed to the district as
14 provided in this section.
15 (2) (a) Annexation is initiated by filing a petition signed by 25% or more of the owners
16 of real property within the territory proposed to be annexed.
17 (b) The petition shall be filed with the fire commissioners of the fire protection district.
18 (c) If the fire commissioners concur with the petition, they shall then file the petition with
19 the county legislative body.
20 (3) (a) Except as provided in Subsection (3)(b), the proceedings by the county legislative
21 body shall be the same as for the organization of a district under this part, except that the special
22 election shall be held only within the boundaries of the territory proposed to be annexed to the fire
23 protection district.
24 (b) Notwithstanding Subsection (3)(a), if a petition filed under Subsection (2)(a) has been
25 signed by all the owners of real property within the territory proposed to be annexed:
26 (i) the hearing requirements [
27 requirements of [
28 (ii) immediately upon receipt of the petition from the fire protection district commissioners
29 under Subsection (2)(c), the county legislative body shall by resolution declare the territory to be
30 annexed to the fire protection district.
31 Section 13. Section 17A-2-701 is amended to read:
1 17A-2-701. Certain exemptions -- Entrymen.
2 [
3
4
5
6
7
8
9 (1) If ditches, canals, or reservoirs have been constructed before 1919, [
10 ditches, canals, reservoirs and franchises, and the lands fully watered [
11 exempt from the operation of this [
12 purchase, acquire, lease or rent [
13 unless [
14 federal law[
15 (2) Resident entrymen upon public lands of the United States, and purchasers of state
16 lands, within the [
17
18
19 landowners within the district, entrymen upon the public lands of the United States to be subject
20 to the terms of the act of Congress approved August 11, 1916, entitled "An Act to Promote
21 Reclamation of Arid Lands."
22 Section 14. Section 17A-2-702 is amended to read:
23 17A-2-702. Petition for irrigation district -- Duty of the county legislative body and
24 state engineer -- Creation provisions superseded -- Exception.
25 (1) For the purpose of establishing an irrigation district as provided by this part, a petition
26 shall be filed with the county legislative body of the county which embraces the largest acreage
27 of the proposed district; said petition shall state that it is the purpose of the petitions to organize
28 an irrigation district under the provisions of this part, and shall state the proposed means of water
29 supply, the name proposed for such district and shall be accompanied by an ownership plat as
30 shown by the county records of the lands to be included in the proposed district; the petition shall
31 pray the county legislative body to request that a water survey and allotment of water for the lands
1 within the proposed district be made, that the land to be included in the proposed district be
2 determined, listed with water allotment and platted, and that the question of final organization of
3 the same be submitted to the vote of landowners within the proposed district; the petition shall be
4 signed by the governor, or if proposed by landowners, by 50 or a majority of such landowners or
5 holders of title or evidence of title to land within the proposed district. If the petition is presented
6 by landowners it must be accompanied by a good and sufficient bond to be approved by the county
7 legislative body in double the amount of the probable cost of organizing such district inclusive of
8 the cost of water survey and conditioned for the payment of all such costs incurred in said
9 proceeding including the cost of water survey in case said organization shall not be effected; no
10 bond need accompany the petition by the governor. The cost of the water survey, and all other
11 costs incurred upon petition filed by the governor, shall, if organization of the district be not
12 effected, be borne 1/2 by the county or counties in which the proposed district is situated, in
13 proportion to the acreage, and 1/2 by the state of Utah. In case organization of the district is
14 effected, all organizing costs and expenses, including the cost of the water survey, shall be repaid
15 by said district. Upon the filing of such petition with the county legislative body they shall send
16 a certified copy of same to the state engineer of the state of Utah, with a request that the water
17 survey and allotment be made. Thereupon it shall be the duty of the state engineer to cause to be
18 made a water survey of all lands within the district for the purpose of determining and allotting the
19 maximum amounts of water which could be beneficially used on such land; each 40-acre tract or
20 smaller tracts in separate ownership within each such legal subdivision shall be separately
21 surveyed and the allotment made therefor. On completion of said survey and allotment, the state
22 engineer shall file with the county legislative body with which the petition for the said district is
23 filed, his return of survey and report of allotment. Upon receipt of the report and return from the
24 state engineer, the county legislative body shall cause to be published, notice that petition for
25 formation of an irrigation district has been filed, water survey and allotment made, and a date set
26 for the hearing of applications for exclusion and inclusion of lands and revision of allotments.
27 Such notice shall be published once a week for three consecutive weeks, the last publication of
28 which shall be at least one week prior to the date set for hearing, in some newspaper of general
29 circulation published in the county, or if the district embraces lands in more than one county, then
30 in a newspaper of general circulation published in each such county, or if there be no such paper
31 published in any such county or counties, then in some newspaper having general circulation in
1 such county or counties.
2 (2) All provisions of this part that establish, govern, or state the requirements and
3 procedure for the creation of an irrigation district:
4 (a) are superseded by the provisions of Title 17B, Chapter 2, Part 2, Creation of Local
5 Districts, with respect to the creation of an irrigation district; and
6 (b) remain valid to the extent they establish, govern, or state the requirements or procedure
7 for annexation to an existing irrigation district.
8 Section 15. Section 17A-2-803 is amended to read:
9 17A-2-803. Purpose and corporate existence of districts -- Creation provisions
10 superseded -- Exception.
11 (1) Metropolitan water districts may be organized hereunder for the purpose of acquiring,
12 appropriating, developing, storing, selling, leasing and distributing water for, and devoting water
13 to, municipal and domestic purposes, irrigation, power, milling, manufacturing, mining,
14 metallurgical and any and all other beneficial uses, and such district may be formed of the territory
15 included within the corporate boundaries of any one or more municipalities, which need not be
16 contiguous, and may be organized and incorporated and thereafter governed, maintained and
17 operated as herein provided, and when so incorporated shall have and exercise such powers as are
18 herein expressly granted, together with such powers as are reasonably implied herefrom and
19 necessary and proper to carry out the objects and purposes of such incorporated districts. Each
20 such district when so incorporated shall be a separate and independent political corporate entity.
21 (2) All provisions of this part that establish, govern, or state the requirements and
22 procedure for the creation of a metropolitan water district:
23 (a) are superseded by the provisions of Title 17B, Chapter 2, Part 2, Creation of Local
24 Districts, with respect to the creation of a metropolitan water district; and
25 (b) remain valid to the extent they establish, govern, or state the requirements or procedure
26 for annexation to an existing metropolitan water district.
27 Section 16. Section 17A-2-906 is amended to read:
28 17A-2-906. Board of trustees -- Appointment -- Number.
29 (1) (a) Within 30 days after the [
30
31 shall appoint a board of trustees by following the procedures and requirements of [
1 Chapter 1, Part 3, Special District Board Selection Procedures.
2 (b) The board shall consist of one trustee appointed from the district at large by the county
3 legislative body and [
4 district.
5 (c) If the board of trustees consists of less than five members, the county legislative body
6 shall appoint enough additional at large members from a district to make a board of five trustees.
7 (d) If 75% or more of the lands in the district are wholly within the boundaries of a
8 municipality, that municipal legislative body shall appoint all five members of the board of
9 trustees.
10 (2) Each trustee appointed by a municipal legislative body shall be a registered voter of
11 the municipality and each trustee appointed by the county legislative body shall be an elector of
12 the district.
13 Section 17. Section 17A-2-1048 is amended to read:
14 17A-2-1048. Annexations to or consolidations with municipalities already within
15 district.
16 Additional municipalities and county areas may be included within or become part of a
17 district by either of the following methods:
18 (1) If any area is annexed to or consolidated with any municipality which is a part of a
19 district organized under these provisions, the annexed or consolidated area shall by virtue of its
20 annexation or consolidation become part of the district and be taxable in accordance with the
21 provisions of this part to pay the indebtedness of the district outstanding at the time of annexation
22 or consolidation.
23 (2) The governing body of any municipality or of any county may apply to and obtain
24 from the comptroller of the district a financial statement showing the financial condition of the
25 district, its assets and liabilities, taxable value of taxable property according to the last assessment,
26 and the names of the municipalities and a description of other areas included in the district. After
27 consideration of the statement, the governing body of the municipality or county may apply to the
28 board of directors of the district for consent to annex the municipality or described county area.
29 The board of directors after reasonable notice and public hearing may grant or deny the application
30 and in granting it may fix the terms and conditions upon which the area may be annexed. The
31 action of the board of directors evidenced by order made on motion shall be promptly transmitted
1 to the governing body or bodies of the entities applying for annexation, which shall promptly
2 submit the proposition of annexation to the qualified electors of the area. Notice of election shall
3 be given by posting or publication. When notice is given by posting, notice shall be posted for at
4 least ten days in three public places in each area to be annexed. When notice is given by
5 publication, notice shall be published at least once ten days before the date fixed for election in a
6 newspaper of general circulation in the municipality and county area. Publication may be made
7 in one newspaper having general circulation in each of the areas sought to be annexed. Notice
8 shall contain the substance of the terms and conditions fixed by the board of directors [
9
10 shall be conducted and returns canvassed by the governing bodies of the areas seeking annexation.
11 If the annexation proposition receives the affirmative vote of a majority of the electors, the
12 governing body of the municipality or county shall certify the election results to the board of
13 directors of the district and a certificate of proceedings shall be made by the secretary of the district
14 and filed with the lieutenant governor. Upon filing the certificate in the office of the lieutenant
15 governor, the municipality or county area shall become an integral part of the district and the
16 taxable property in the municipality or area subject to taxation for the purposes of the district,
17 including the payment of bonds and other obligations of the district at the time authorized or
18 outstanding.
19 (3) No action to contest the validity of annexation proceedings may be commenced more
20 than three months after the certificate of proceedings is filed with the lieutenant governor.
21 (4) Upon annexation the annexed area shall have a representative on the board of directors
22 on the same basis as it would have had had it been included in the district as originally organized.
23 Section 18. Section 17A-2-1404 is amended to read:
24 17A-2-1404. Establishment of district -- Petition -- Effect of defects.
25 (1) Before any water conservancy district is established under this part, a petition must be
26 filed in the clerk's office of the court vested with jurisdiction in a county in which all or part of the
27 lands within the proposed water conservancy district are situated.
28 (2) (a) A petition for the establishment of a water conservancy district situated in a single
29 county must be signed by the following number of owners of land within the county and within
30 the proposed district:
31 (i) not fewer than 20% of the owners of land outside the limits of any incorporated city or
1 town; and
2 (ii) not fewer than 5% of the owners of land within the limits of each incorporated city or
3 town.
4 (3) A petition for the establishment of a water conservancy district situated in more than
5 one county must be signed by the following number of owners of land within each county and
6 within the proposed district:
7 (a) not fewer than 10%, or 500, whichever is less, of the owners of land outside the limits
8 of any incorporated city or town; and
9 (b) not fewer than 5% of the owners of land within the limits of each incorporated city or
10 town.
11 (4) The property identification number of each tract of land that is owned by a petitioner
12 and is within the proposed water conservancy district must be listed opposite the petitioner's name.
13 (5) (a) If a petitioner signs a petition, both as owner of land situated within and outside a
14 municipality, the petitioner's name shall be counted only as an owner of land situated outside a
15 municipality.
16 (b) A signing petitioner is not permitted to withdraw his name after the petition is filed.
17 (6) A district may not be formed under this part unless the taxable value of land within the
18 proposed district, together with improvements on the land, exceeds $500,000.
19 (7) The petition shall set forth:
20 (a) the proposed name of the district;
21 (b) that property within the proposed district will be benefited by the accomplishment of
22 the purposes enumerated in Section 17A-2-1403;
23 (c) a general description of the purpose of the contemplated improvement and of the
24 territory to be included in the proposed district;
25 (d) a general designation of the district's divisions and the number of directors proposed
26 for each division; and
27 (e) a request to organize the district by the name proposed.
28 (8) The description of a water conservancy district's territory, as set forth in the petition,
29 need not be given by metes and bounds or by legal subdivisions, but it must be sufficiently detailed
30 to enable a property owner to ascertain whether his property is within the territory proposed to be
31 organized as a district.
1 (9) The territory of a proposed water conservancy district:
2 (a) may include area within an existing water conservancy district; and
3 (b) need not be contiguous, provided it is so situated that the organization of a single
4 district for the territory described is calculated to promote one or more of the purposes enumerated
5 in Section 17A-2-1403.
6 (10) (a) No petition with the requisite signatures may be declared void because of alleged
7 defects, but the court may permit the petition to be amended to conform to the facts by correcting
8 any errors in the description of the territory or other errors.
9 (b) Similar petitions or multiple copies of the same petition:
10 (i) may be filed and together shall be regarded as one petition; and
11 (ii) if filed prior to the hearing on the first petition, shall be considered by the court to be
12 filed with the first petition.
13 (11) In determining whether the requisite number of landowners have signed or are
14 considered to have signed the petition, the court shall be governed by the names as they appear
15 upon the tax roll, which is prima facie evidence of land ownership.
16 (12) All provisions of this part that establish, govern, or state the requirements and
17 procedure for the creation of a water conservancy district:
18 (a) are superseded by the provisions of Title 17B, Chapter 2, Part 2, Creation of Local
19 Districts, with respect to the creation of a water conservancy district; and
20 (b) remain valid to the extent they establish, govern, or state the requirements or procedure
21 for the organization of a subdistrict.
22
23
24
25
26 Section 19. Section 17B-2-101 is enacted to read:
27 17B-2-101. Definitions.
28 As used in this chapter, "local district" means a local government entity, created according
29 to the provisions of Part 2, Creation of Local Districts, that is not a general purpose government
30 entity but is a separate legal and corporate entity and a political subdivision of the state, authorized
31 to provide limited services in a defined geographic area, as provided in Part 2, Creation of Local
1 Districts.
2 Section 20. Section 17B-2-201 is enacted to read:
3
4 17B-2-201. Definitions and general provisions.
5 (1) As used in this part:
6 (a) "Applicable area" means:
7 (i) for a county, the unincorporated area of the county that is included within the proposed
8 local district; or
9 (ii) for a municipality, the area of the municipality that is included within the proposed
10 local district.
11 (b) "Municipal" means of or relating to a municipality.
12 (c) "Municipality" means a city or town.
13 (d) "Petition" means a petition under Subsection 17B-2-203(1)(a) or (b).
14 (e) "Political subdivision" means a county, city, town, local district under this chapter,
15 independent special district under Title 17A, Chapter 2, Independent Special Districts, or an entity
16 created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation
17 Act.
18 (f) "Private," with respect to real property, means not owned by the United States or any
19 agency of the federal government, the state, a county, a municipality, a school district, an
20 independent special district under Title 17A, Chapter 2, Independent Special Districts, a local
21 district, or any other political subdivision of the state.
22 (g) "Property owner petition" means a petition under Subsection 17B-2-203(1)(a).
23 (h) "Property owner request" means a request under Section 17B-2-204 that is signed by
24 owners of real property as provided in Subsection 17B-2-204(2)(b)(i).
25 (i) "Registered voter petition" means a petition under Subsection 17B-2-203(1)(b).
26 (j) "Registered owner request" means a request under Section 17B-2-204 that is signed by
27 registered voters as provided in Subsection 17B-2-204(2)(b)(ii).
28 (k) "Request" means a request as described in Section 17B-2-204.
29 (l) "Responsible body" means the legislative body of:
30 (i) the municipality in which the proposed local district is located, if the petition proposes
31 the creation of a local district located entirely within a single municipality;
1 (ii) the county in which the proposed local district is located, if the petition proposes the
2 creation of a local district located entirely within a single county and all or part of the proposed
3 local district is located within:
4 (A) the unincorporated part of the county; or
5 (B) more than one municipality within the county; or
6 (iii) if the petition proposes the creation of a local district located within more than one
7 county, the county whose boundaries include more of the area of the proposed local district than
8 is included within the boundaries of any other county.
9 (m) "Responsible clerk" means the clerk of the county or the clerk or recorder of the
10 municipality whose legislative body is the responsible body.
11 (n) "Unincorporated" means not included within a municipality.
12 (2) For purposes of this part:
13 (a) the owner of real property shall be the record title owner according to the records of
14 the county recorder on the date of the filing of the request or petition; and
15 (b) the value of private real property shall be determined according to the last assessment
16 before the filing of the request or petition, as determined by:
17 (i) the county under Title 59, Chapter 2, Part 3, County Assessment, for property subject
18 to assessment by the county;
19 (ii) the State Tax Commission under Title 59, Chapter 2, Part 2, Assessment of Property,
20 for property subject to assessment by the State Tax Commission; or
21 (iii) the county, for all other property.
22 (3) For purposes of each provision of this part that requires the owners of private real
23 property covering a percentage of the total private land area within the proposed local district to
24 sign a request, petition, or protest:
25 (a) a parcel of real property may not be included in the calculation of the required
26 percentage unless the request or petition is signed by:
27 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority ownership
28 interest in that parcel; or
29 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
30 of owners of that parcel;
31 (b) the signature of a person signing a request or petition in a representative capacity on
1 behalf of an owner is invalid unless:
2 (i) the person's representative capacity and the name of the owner the person represents
3 are indicated on the request or petition with the person's signature; and
4 (ii) the person provides documentation accompanying the request or petition that
5 reasonably substantiates the person's representative capacity; and
6 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
7 request or petition on behalf of a deceased owner.
8 Section 21. Section 17B-2-202 is enacted to read:
9 17B-2-202. Local district may be created -- Services that may be provided --
10 Limitations.
11 (1) A local district may be created as provided in this part to provide within its boundaries
12 a service consisting of:
13 (a) the operation of an airport;
14 (b) the operation of a cemetery;
15 (c) the operation of a system for the generation or distribution of electricity;
16 (d) the operation of a system for the transmission of natural or manufactured gas that is:
17 (i) connected to a gas plant, as defined in Section 54-2-1, of a gas corporation, as defined
18 in Section 54-2-1, that is regulated under Section 54-4-1; and
19 (ii) to be used to facilitate gas utility service within the district if such gas utility service
20 is not available within the district prior to the acquisition or construction of such a system;
21 (e) fire protection;
22 (f) garbage collection and disposal;
23 (g) health care;
24 (h) the operation of a library;
25 (i) abatement or control of mosquitos and other insects;
26 (j) the operation of parks or recreation facilities;
27 (k) the operation of a sewage system;
28 (l) street lighting;
29 (m) the construction and maintenance of curb, gutter, and sidewalk;
30 (n) transportation;
31 (o) the operation of a system for the control of storm or flood waters;
1 (p) the operation of an irrigation water system; or
2 (q) the operation of a culinary water system.
3 (2) For purposes of this section:
4 (a) "Operation" means all activities involved in providing the indicated service including
5 acquisition and ownership of property reasonably necessary to provide the indicated service and
6 acquisition, construction, and maintenance of facilities and equipment reasonably necessary to
7 provide the indicated service.
8 (b) "System" means the aggregate of interrelated functions that combine together to
9 provide the indicated service including:
10 (i) for a sewage system, collection and treatment;
11 (ii) for an irrigation or culinary water system, collection, retention, treatment, and
12 distribution to either the end user or another that in turn distributes to the end user.
13 (3) (a) Except as provided in Subsection (3)(b), a local district may be created to provide
14 and may after its creation provide no more than two of the services listed in Subsections (1)(a)
15 through (q).
16 (b) Notwithstanding Subsection (3)(a), a single local district may be created to provide and
17 may after its creation provide services consisting of:
18 (i) the operation of a sewage system;
19 (ii) the operation of an irrigation water system; and
20 (iii) the operation of a culinary water system.
21 (4) (a) Except as provided in Subsection (4)(b), a local district may not be created to
22 provide and may not after its creation provide to an area the same service already being provided
23 to that area by a political subdivision.
24 (b) For purposes of Subsection (4)(a), a local district does not provide the same service
25 as a political subdivision if it:
26 (i) performs a function different from that performed by a political subdivision but within
27 the same:
28 (A) sewage system;
29 (B) irrigation water system; or
30 (C) culinary water system; or
31 (ii) for an irrigation or culinary water system, distributes water:
1 (A) to a political subdivision that in turn distributes water to the end user; or
2 (B) to the end user in an area where a political subdivision distributes water to the local
3 district.
4 (5) The area of a local district may include all or part of the unincorporated area of one or
5 more counties and all or part of one or more municipalities.
6 Section 22. Section 17B-2-203 is enacted to read:
7 17B-2-203. Process to initiate the creation of a local district -- Petition or resolution.
8 (1) The process to create a local district may be initiated by:
9 (a) subject to Section 17B-2-204, a petition signed by the owners of private real property
10 that:
11 (i) is located within the proposed local district;
12 (ii) covers at least 33% of the total private land area within the proposed local district as
13 a whole and within each applicable area;
14 (iii) is equal in value to at least 25% of the value of all private real property within the
15 proposed local district as a whole and within each applicable area; and
16 (iv) complies with the requirements of Subsection 17B-2-205(1) and Section 17B-2-208;
17 (b) subject to Section 17B-2-204, a petition that:
18 (i) is signed by registered voters residing within the proposed local district as a whole and
19 within each applicable area, equal in number to at least 33% of the number of votes cast in the
20 proposed local district as a whole and in each applicable area, respectively, for the office of
21 governor at the last regular general election prior to the filing of the petition; and
22 (ii) complies with the requirements of Subsection 17B-2-205(1) and Section 17B-2-208;
23 or
24 (c) a resolution proposing the creation of a local district, adopted by the legislative body
25 of each county whose unincorporated area includes and each municipality whose boundaries
26 include any of the proposed local district.
27 (2) (a) Each resolution under Subsection (1)(c) shall:
28 (i) describe the area proposed to be included in the proposed local district;
29 (ii) be accompanied by a map that shows the boundaries of the proposed local district;
30 (iii) describe the service proposed to be provided by the proposed local district;
31 (iv) explain the anticipated method of paying the costs of providing the proposed service;
1 and
2 (v) state the estimated average financial impact on a household within the proposed local
3 district.
4 (b) Each county or municipal legislative body adopting a resolution under Subsection
5 (1)(c) shall, on or before the first public hearing under Section 17B-2-210, mail or deliver a copy
6 of the resolution to the responsible body if the county or municipal legislative body's resolution
7 is one of multiple resolutions adopted by multiple county or municipal legislative bodies proposing
8 the creation of the same local district.
9 Section 23. Section 17B-2-204 is enacted to read:
10 17B-2-204. Request for service required before filing of petition -- Request
11 requirements.
12 (1) A petition may not be filed until after:
13 (a) a request has been filed with:
14 (i) the clerk of each county in whose unincorporated area any part of the proposed local
15 district is located; and
16 (ii) the clerk or recorder of each municipality in which any part of the proposed local
17 district is located; and
18 (b) each county and municipality with which a request under Subsection (1)(a) is filed:
19 (i) has adopted a resolution under Subsection 17B-2-212(1) indicating whether it will
20 provide the requested service; or
21 (ii) is considered to have declined to provide the requested service under Subsection
22 17B-2-212(2).
23 (2) Each request under Subsection (1)(a) shall:
24 (a) ask the county or municipality to provide the service proposed to be provided by the
25 proposed local district within the applicable area; and
26 (b) be signed by:
27 (i) the owners of private real property that:
28 (A) is located within the proposed local district;
29 (B) covers at least 10% of the total private land area within the applicable area; and
30 (C) is equal in value to at least 7% of the value of all private real property within the
31 applicable area; or
1 (ii) registered voters residing within the applicable area equal in number to at least 10%
2 of the number of votes cast in the applicable area for the office of governor at the last general
3 election prior to the filing of the request.
4 (3) For purposes of Subsections (1) and (2), an area proposed to be annexed to a
5 municipality in a petition under Section 10-2-403 filed before and still pending at the time of filing
6 of a petition shall be considered to be part of that municipality.
7 Section 24. Section 17B-2-205 is enacted to read:
8 17B-2-205. Petition and request requirements -- Withdrawal of signature.
9 (1) Each petition and request shall:
10 (a) indicate the typed or printed name and current residence address of each property
11 owner or registered voter signing the petition;
12 (b) describe the entire area of the proposed local district;
13 (c) be accompanied by a map showing the boundaries of the entire proposed local district;
14 (d) specify the service proposed to be provided by the proposed local district; and
15 (e) designate up to five signers of the petition or request as sponsors, one of whom shall
16 be designated as the contact sponsor, with the mailing address and telephone number of each.
17 (2) A signer of a request or petition may withdraw or, once withdrawn, reinstate the
18 signer's signature at any time before the filing of the request or petition by filing a written
19 withdrawal or reinstatement with:
20 (a) in the case of a request:
21 (i) the clerk of the county or the clerk or recorder of the municipality in whose applicable
22 area the signer's property is located, if the request is a property owner request; or
23 (ii) the clerk of the county or the clerk or recorder of the municipality in whose applicable
24 area the signer resides, if the request is a registered voter request; or
25 (b) in the case of a petition, the responsible clerk.
26 Section 25. Section 17B-2-206 is enacted to read:
27 17B-2-206. Request certification -- Amended request.
28 (1) Within 30 days after the filing of a request, the clerk of each county and the clerk or
29 recorder of each municipality with which a request was filed shall:
30 (a) with the assistance of other county or municipal officers from whom the clerk or
31 recorder requests assistance, determine, for the clerk or recorder's respective county or
1 municipality, whether the request complies with the requirements of Subsections 17B-2-204(2)
2 and 17B-2-205(1); and
3 (b) (i) if the clerk or recorder determines that the request complies with the requirements:
4 (A) certify the request and deliver it to the legislative body of the county or municipality,
5 as the case may be; and
6 (B) mail or deliver written notification of the certification to the contact sponsor; or
7 (ii) if the clerk or recorder determines that the request fails to comply with any of the
8 applicable requirements, reject the request and notify the contact sponsor in writing of the rejection
9 and the reasons for the rejection.
10 (2) Each county clerk or municipal clerk or recorder shall certify or reject requests in the
11 order in which they are filed.
12 (3) (a) If the county clerk or municipal clerk or recorder rejects a request under Subsection
13 (1)(b)(ii), the request may be amended to correct the deficiencies for which it was rejected and then
14 refiled.
15 (b) A valid signature on a request that was rejected under Subsection (1)(b)(ii) may be
16 used toward fulfilling the applicable signature requirement of the request as amended under
17 Subsection (3)(a).
18 (4) Each county clerk and municipal clerk or recorder shall act in good faith in making the
19 determinations under this section.
20 Section 26. Section 17B-2-207 is enacted to read:
21 17B-2-207. Signature on request may be used on petition.
22 A signature on a request may be used toward fulfilling the signature requirement of a
23 petition:
24 (1) if the request notifies the signer in conspicuous language that the signature, unless
25 withdrawn, would also be used for purposes of a petition to create a local district; and
26 (2) unless the signer files a written withdrawal of the signature before the petition is filed.
27 Section 27. Section 17B-2-208 is enacted to read:
28 17B-2-208. Additional petition requirements and limitations.
29 (1) Each petition shall:
30 (a) be filed with the responsible clerk; and
31 (b) separately group signatures by county and municipality, so that all signatures of the
1 owners of real property located within or of registered voters residing within each county whose
2 unincorporated area includes part of the proposed local district and each municipality whose
3 boundaries include part of the proposed local district are grouped separately.
4 (2) (a) A petition may not propose the creation of a local district that includes an area
5 located within the unincorporated part of a county or within a municipality if the legislative body
6 of that county or municipality has adopted a resolution under Subsection 17B-2-212(1) indicating
7 that the county or municipality will provide to that area the service proposed to be provided by the
8 proposed local district.
9 (b) Subsection (2)(a) does not apply if the county or municipal legislative body is
10 considered to have declined to provide the requested service under Subsection 17B-2-212(3).
11 (c) Subsection (2)(a) may not be construed to prevent the filing of a petition that proposes
12 the creation of a local district whose area excludes that part of the unincorporated area of a county
13 or that part of a municipality to which the county or municipality has indicated, in a resolution
14 adopted under Section 17B-2-212, it will provide the requested service.
15 (3) A petition may not propose the creation of a local district whose area includes:
16 (a) some or all of an area described in a previously filed petition that:
17 (i) proposes the creation of a local district to provide the same service as proposed by the
18 later filed petition; and
19 (ii) is still pending at the time the later petition is filed; or
20 (b) some or all of an area within a political subdivision that, subject to Subsection
21 17B-2-202(4)(b), provides in that area the same service proposed to be provided by the proposed
22 local district.
23 (4) A petition may not be filed more than 12 months after a county or municipal legislative
24 body declines to provide the requested service under Subsection 17B-2-212(1) or is considered to
25 have declined to provide the requested service under Subsection 17B-2-212(2).
26 Section 28. Section 17B-2-209 is enacted to read:
27 17B-2-209. Petition certification -- Amended petition.
28 (1) Within five days after the filing of a petition, the responsible clerk shall mail a copy
29 of the petition to the clerk of each other county and the clerk or recorder of each municipality in
30 which any part of the proposed local district is located.
31 (2) (a) Within 35 days after the filing of a petition, the clerk of each county whose
1 unincorporated area includes and the clerk or recorder of each municipality whose boundaries
2 include part of the proposed local district shall:
3 (i) with the assistance of other county or municipal officers from whom the county clerk
4 or municipal clerk or recorder requests assistance, determine, for the clerk or recorder's respective
5 county or municipality, whether the petition complies with the requirements of Subsection
6 17B-2-203(1)(a) or (b), as the case may be, and Subsections 17B-2-208(2), (3), and (4); and
7 (ii) notify the responsible clerk in writing of the clerk or recorder's determination under
8 Subsection (2)(a)(i).
9 (b) The responsible clerk may rely on the determinations of other county clerks or
10 municipal clerks or recorders under Subsection (2)(a) in making the responsible clerk's
11 determinations and certification or rejection under Subsection (3).
12 (3) Within 45 days after the filing of a petition, the responsible clerk shall:
13 (a) determine whether the petition complies with Subsection 17B-2-203(1)(a) or (b), as
14 the case may be, Subsection 17B-2-205(1), and Section 17B-2-208; and
15 (b) (i) if the responsible clerk determines that the petition complies with the applicable
16 requirements:
17 (A) certify the petition and deliver the certified petition to the responsible body;
18 (B) mail or deliver written notification of the certification to the contact sponsor; or
19 (ii) if the responsible clerk determines that the petition fails to comply with any of the
20 applicable requirements, reject the petition and notify the contact sponsor in writing of the
21 rejection and the reasons for the rejection.
22 (4) The responsible clerk shall certify or reject petitions in the order in which they are
23 filed.
24 (5) (a) If the responsible clerk rejects a petition under Subsection (3)(b)(ii), the petition
25 may be amended to correct the deficiencies for which it was rejected and then refiled.
26 (b) A valid signature on a petition that was rejected under Subsection (3)(b)(ii) may be
27 used toward fulfilling the applicable signature requirement of the petition as amended under
28 Subsection (5)(a).
29 (c) If a petition is amended and refiled under Subsection (5)(a) after having been rejected
30 by the responsible clerk under Subsection (3)(b)(ii), the amended petition shall be considered as
31 newly filed, and its processing priority shall be determined by the date on which it is refiled.
1 (6) The responsible clerk and each county clerk and municipal clerk or recorder shall act
2 in good faith in making the determinations under this section.
3 Section 29. Section 17B-2-210 is enacted to read:
4 17B-2-210. Public hearing.
5 (1) The legislative body of each county and municipality with which a request is filed or
6 that adopts a resolution under Subsection 17B-2-203(1)(c) shall hold a public hearing or a set of
7 public hearings, sufficient in number and location to ensure that no resident of the proposed local
8 district need travel more than ten miles to attend a public hearing.
9 (2) Each public hearing under Subsection (1) shall be held:
10 (a) no later than 45 days after:
11 (i) for a public hearing on a request, certification of a request under Subsection
12 17B-2-206(1)(b)(i); or
13 (ii) for a public hearing on a resolution, adoption of a resolution under Subsection
14 17B-2-203(1)(c);
15 (b) within the proposed local district;
16 (c) except as provided in Subsection (6), within the applicable area; and
17 (d) for the purpose of:
18 (i) for a public hearing on a request, allowing public input on:
19 (A) whether the requested service is needed in the area of the proposed local district;
20 (B) whether the service should be provided by the county or municipality or the proposed
21 local district; and
22 (C) all other matters relating to the request or the proposed local district; or
23 (ii) for a public hearing on a resolution, allowing the public to ask questions of and obtain
24 further information from the legislative body of each county or municipality holding the hearing
25 regarding the issues contained in or raised by the resolution.
26 (3) A quorum of the legislative body of each county or municipal legislative body holding
27 a public hearing under this section shall be present throughout each hearing held by that county
28 or municipal legislative body.
29 (4) Each hearing under this section shall be held on a weekday evening other than a
30 holiday beginning no earlier than 6:00 p.m.
31 (5) At the beginning and end of each hearing concerning a resolution, the legislative body
1 shall announce the deadline for filing protests and generally explain the protest procedure and
2 requirements.
3 (6) Two or more county or municipal legislative bodies may jointly hold a hearing or set
4 of hearings required under this section if all the requirements of this section, other than the
5 requirements of Subsection (2)(c), are met as to each hearing.
6 Section 30. Section 17B-2-211 is enacted to read:
7 17B-2-211. Notice of public hearings -- Publication of resolution.
8 (1) Before holding a public hearing or set of public hearings under Section 17B-2-210, the
9 legislative body of each county or municipality with which a request is filed or that adopts a
10 resolution under Subsection 17B-2-203(1)(c) shall:
11 (a) except as provided in Subsection (1)(b), publish notice in a newspaper or combination
12 of newspapers of general circulation within the applicable area; or
13 (b) if there is no newspaper or combination of newspapers of general circulation within
14 the applicable area, post at least one notice per 1,000 population of that area, at places within the
15 area that are most likely to provide actual notice to residents of the area.
16 (2) Each published notice under Subsection (1)(a) shall:
17 (a) be no less than 1/4 page in size, use type no smaller than 18 point, and be surrounded
18 by a 1/4-inch border;
19 (b) if possible, appear in a newspaper that is published at least one day per week;
20 (c) if possible, appear in a newspaper of general interest and readership in the area and not
21 of limited subject matter;
22 (d) be placed in a portion of the newspaper other than where legal notices and classified
23 advertisements appear; and
24 (e) be run at least once each week for two successive weeks, with the final publication
25 being no less than three and no more than ten days before the hearing or the first of the set of
26 hearings.
27 (3) Each notice required under Subsection (1) shall:
28 (a) if the hearing or set of hearings is concerning a resolution:
29 (i) contain the entire text of the resolution; and
30 (ii) state the deadline for filing a protest against the creation of the proposed local district;
31 (b) clearly identify each county or municipal legislative body involved in the hearing or
1 set of hearings;
2 (c) state the date, time, and place for the hearing or set of hearings and the purposes for
3 the hearing or set of hearings; and
4 (d) describe or include a map of the entire proposed local district.
5 (4) County or municipal legislative bodies holding joint hearings under Subsection
6 17B-2-210(6) may jointly provide the notice required under this section if all the requirements of
7 this section are met as to each notice.
8 Section 31. Section 17B-2-212 is enacted to read:
9 17B-2-212. Resolution indicating whether the requested service will be provided.
10 (1) Within 60 days after the last hearing required under Subsection 17B-2-210 concerning
11 a request, the legislative body of each county whose unincorporated area includes and the
12 legislative body of each municipality whose boundaries include any part of the proposed local
13 district shall adopt a resolution indicating whether the county or municipality will provide to some
14 or all of the area of the proposed local district within its boundaries the service proposed to be
15 provided by the proposed local district.
16 (2) If the legislative body of a county or municipality fails to adopt a resolution within the
17 time provided under Subsection (1), the county or municipal legislative body shall be considered
18 to have declined to provide the service requested.
19 (3) If the county or municipality adopts a resolution under Subsection (1) indicating that
20 it will provide the requested service but does not, within 120 days after the adoption of that
21 resolution, take substantial measures to provide the requested service, the county or municipal
22 legislative body shall be considered to have declined to provide the requested service.
23 Section 32. Section 17B-2-213 is enacted to read:
24 17B-2-213. Protest after adoption of resolution.
25 (1) For purposes of this section, "adequate protests" means protests that are:
26 (a) filed with the county clerk or municipal clerk or recorder, as the case may be, within
27 60 days after the last public hearing required under Section 17B-2-210; and
28 (b) signed by:
29 (i) the owners of private real property that:
30 (A) is located within the proposed local district;
31 (B) covers at least 25% of the total private land area within the applicable area; and
1 (C) is equal in value to at least 15% of the value of all private real property within the
2 applicable area; or
3 (ii) registered voters residing within the applicable area equal in number to at least 25%
4 of the number of votes cast in the applicable area for the office of governor at the last general
5 election prior to the adoption of the resolution.
6 (2) If adequate protests are filed, the county or municipal legislative body that adopted a
7 resolution under Subsection 17B-2-203(1)(c):
8 (a) may not:
9 (i) hold or participate in an election under Subsection 17B-2-214(1) with respect to the
10 applicable area;
11 (ii) take any further action under the protested resolution to create a local district or include
12 the applicable area in a local district; or
13 (iii) for a period of two years, adopt a resolution under Subsection 17B-2-203(1)(c)
14 proposing the creation of a local district including substantially the same area as the applicable
15 area and providing the same service as the proposed local district in the protested resolution; and
16 (b) shall, within five days of receiving adequate protests, mail or deliver written
17 notification of the adequate protests to the responsible body.
18 (3) Subsection (2)(a) may not be construed to prevent an election from being held for a
19 proposed local district whose boundaries do not include an applicable area that is the subject of
20 adequate protests.
21 Section 33. Section 17B-2-214 is enacted to read:
22 17B-2-214. Election.
23 (1) (a) Except as provided under Subsection 17B-2-213(2)(a), an election on the question
24 of whether the local district should be created shall be held by:
25 (i) if the proposed local district is located entirely within a single county, the responsible
26 clerk; or
27 (ii) except as provided under Subsection (1)(b), if the proposed local district is located
28 within more than one county, the clerk of each county in which part of the proposed local district
29 is located, in cooperation with the responsible clerk.
30 (b) Notwithstanding Subsection (1)(a)(ii), if the only area of a county that is included
31 within the proposed local district is located within a single municipality, the election for that area
1 shall be held by the municipal clerk or recorder, in cooperation with the responsible clerk.
2 (2) Each election under Subsection (1) shall be held at the next special or regular general
3 election date that is:
4 (a) for an election pursuant to a property owner or registered voter petition, more than 45
5 days after certification of the petition under Subsection 17B-2-209(3)(b)(i); or
6 (b) for an election pursuant to a resolution, more than 60 days after the latest hearing
7 required under Section 17B-2-210.
8 (3) The election requirement of Subsection (1) does not apply:
9 (a) to a petition filed under Subsection 17B-2-203(1)(a) if it contains the signatures of the
10 owners of private real property that:
11 (i) is located within the proposed local district;
12 (ii) covers at least 67% of the total private land area within the proposed local district as
13 a whole and within each applicable area; and
14 (iii) is equal in value to at least 50% of the value of all private real property within the
15 proposed local district as a whole and within each applicable area; or
16 (b) to a petition filed under Subsection 17B-2-203(1)(b) if it contains the signatures of
17 registered voters residing within the proposed local district as a whole and within each applicable
18 area, equal in number to at least 67% of the number of votes cast in the proposed local district as
19 a whole and in each applicable area, respectively, for the office of governor at the last general
20 election prior to the filing of the petition.
21 (4) (a) If the proposed local district is located in more than one county, the responsible
22 clerk shall coordinate with the clerk of each other county and the clerk or recorder of each
23 municipality involved in an election under Subsection (1) so that the election is held on the same
24 date and in a consistent manner in each jurisdiction.
25 (b) The clerk of each county and the clerk or recorder of each municipality involved in an
26 election under Subsection (1) shall cooperate with the responsible clerk in holding the election.
27 (c) Except as otherwise provided in this part, each election under Subsection (1) shall be
28 governed by Title 20A, Elections.
29 Section 34. Section 17B-2-215 is enacted to read:
30 17B-2-215. Certification to lieutenant governor -- Certificate of incorporation --
31 Notice to State Tax Commission and state auditor -- Local district incorporated.
1 (1) If a majority of those voting at an election under Section 17B-2-214 vote in favor of
2 the creation of a local district, the responsible body shall, within ten days after the canvass of the
3 election, file with the lieutenant governor a notice certifying:
4 (a) the results of the election; and
5 (b) that all requirements for the creation of a local district have been complied with.
6 (2) Within ten days after receiving the notice under Subsection (1), the lieutenant governor
7 shall issue a certificate of incorporation for the new local district and send a copy of the certificate
8 to the responsible body.
9 (3) (a) Within 30 days after receiving a certificate of incorporation under Subsection (2),
10 the responsible body shall file a written notice of the creation of the local district with the State
11 Tax Commission and the state auditor.
12 (b) Each notice to the State Tax Commission under Subsection (3)(a) shall be
13 accompanied by:
14 (i) a copy of the lieutenant governor's certificate of incorporation; and
15 (ii) a map showing the boundaries of the local district, prepared and certified by a licensed
16 surveyor.
17 (4) Upon the lieutenant governor's issuance of the certificate of incorporation, the local
18 district is created and incorporated.
19 Section 35. Section 17B-2-216 is enacted to read:
20 17B-2-216. Costs and expenses of creating local district.
21 (1) Except as provided in Subsection (2), each county whose unincorporated area includes
22 and each municipality whose boundaries include some or all of the proposed local district shall
23 bear their respective costs and expenses associated with the procedure under this part for creating
24 a local district.
25 (2) Within a year after its creation, each local district shall reimburse the costs and
26 expenses associated with the preparation and certification of the map of the local district under
27 Subsection 17B-2-215(3)(b)(ii).
28 Section 36. Section 17B-2-216.1 is enacted to read:
29 17B-2-216.1. Limitation on initiating process to create local district.
30 Notwithstanding any other provision of this part and except as provided in Section
31 17A-2-101, the process to create a local district under this part may not be initiated before May
1 3, 1999.
2 Section 37. Repealer.
3 This act repeals:
4 Section 17A-2-605, Organization of proposed district -- Adoption of ordinance --
5 Election -- Qualification of voters.
6 Section 17A-2-606, Conduct of election -- Challenges -- Judges of election.
7 Section 17A-2-703, Land and water allotments -- Revision and alteration --
8 Proceedings to list lands -- Writ of mandamus -- Hearing and determination on writ --
9 Calling election --Conduct of election.
10 Section 17A-2-704, Notice of election -- Directors.
11 Section 17A-2-804, Organization -- Ordinance.
12 Section 17A-2-805, Copies to be mailed.
13 Section 17A-2-806, Approval or rejection.
14 Section 17A-2-807, Resolution forwarded -- Preliminary expenses.
15 Section 17A-2-808, Call for election.
16 Section 17A-2-809, Election districts.
17 Section 17A-2-816, Incorporation -- Certificate -- Date effective.
18 Section 17A-2-817, Validity.
19 Section 17A-2-902, Creation of district -- Minimum population.
20 Section 17A-2-903, Petition -- Signers -- Contents -- Publication.
21 Section 17A-2-904, Petition -- Hearing -- Notice.
22 Section 17A-2-905, Findings -- When incorporation complete.
23 Section 17A-2-1005, Organization and incorporation -- Contents of ordinance.
24 Section 17A-2-1006, Certified copy of ordinance -- Duty to mail.
25 Section 17A-2-1007, Approval or rejection of ordinance.
26 Section 17A-2-1008, Area-wide election to be held.
27 Section 17A-2-1009, Ordinances calling for election -- Contents.
28 Section 17A-2-1010, Ordinances calling for election -- Publication.
29 Section 17A-2-1011, Ballot -- Contents.
30 Section 17A-2-1012, Results of election -- Taxable value of approving areas to be
31 considered -- Public interest must be served.
1 Section 17A-2-1013, Certification to lieutenant governor.
2 Section 17A-2-1014, Certificate of incorporation -- Copies to municipalities and
3 counties.
4 Section 17A-2-1015, Validity of incorporation of district.
5 Section 17A-2-1403, District courts vested with jurisdiction to establish districts --
6 Limitation of powers.
7 Section 38. Effective date.
8 If approved by two-thirds of all the members elected to each house, this act takes effect
9 upon approval by the governor, or the day following the constitutional time limit of Utah
10 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
11 date of veto override.
12 Section 39. Coordination clause.
13 If this bill and 1st Sub. H.B. 194, Amendments to County Improvement Districts for Water
14 Services, both pass, it is the intent of the Legislature that, after both bills take effect:
15 (1) the amendments in this bill to Subsections 17A-2-301(1) and (2)(b) and (c) shall
16 supersede the amendments to those subsections in 1st Sub. H.B. 194;
17 (2) Subsection 17A-2-301(4) in this bill shall be retained;
18 (3) the amendments in 1st Sub. H.B. 194 to Subsection 17A-2-301(2)(a) shall supersede
19 the amendments to that subsection in this bill, except that the word "created" shall be bracketed;
20 (4) Subsection 17A-2-301(2)(d) in 1st Sub. H.B. 194 shall be retained; and
21 (5) Subsection 17A-2-301(3) shall read:
22 "(3) [
23 for the purpose of acquiring a system for the collection, retention, or disposition of storm and flood
24 waters, the county legislative body [
25 despite anything to the contrary in Section 17A-2-305, act as the board of trustees of the district
26 for so long as it considers desirable."
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