Second Substitute H.B. 61

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 2, 2009 at 11:38 AM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Tue, Feb 10, 2009 at 2:05 PM by jeyring. -->

Representative Kory M. Holdaway proposes the following substitute bill:

1 LOCAL GOVERNMENT ENTITY CHANGES
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kory M. Holdaway
5 Senate Sponsor: Lyle W. Hillyard
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to the process of certifying local government
10 actions affecting the name or boundary of a local entity.
11 Highlighted Provisions:
12 This bill:
13 . modifies and clarifies the process of certifying:
14 . local government changes that affect or create local government boundaries; and
15 . local government name changes;
16 . provides a process for certifying final local entity plats for local government
17 boundary changes;
18 . eliminates a requirement for municipalities to prepare articles of incorporation as
19 part of the incorporation process and eliminates an alternative to filing articles of
20 incorporation;
21 . modifies the duties of the lieutenant governor, county surveyors, and county
22 recorders in the process of certifying local government boundary and name changes;
23 . modifies the process for a municipality to change its name;
24 . establishes the date of recording documents related to a boundary action as the
25 effective date of the boundary action for purposes of assessing property affected by

26 the boundary action;
27 . imposes restrictions on a local entity's imposition of property taxes, assessments, or
28 fees until documents related to the boundary action are recorded;
29 . modifies the event from which the effective date of a municipal annexation or
30 boundary adjustment is calculated;
31 . clarifies and makes technical changes relating to the process of consolidating
32 counties and the process of annexing part of one county to another county;
33 . limits a person from filing for recording a plat that depicts a local entity's boundary
34 as it exists as a result of a boundary action unless it complies with certain
35 requirements;
36 . modifies the duties of the surveyor within the Automated Geographic Reference
37 Center;
38 . makes a political subdivision's boundary in the State Geographic Information
39 Database the official boundary for purposes of US Census Bureau needs;
40 . modifies the process for counties to resolve a dispute or uncertainty about the true
41 location of a county boundary and replaces the state engineer with the surveyor in
42 the Automated Geographic Reference Center in that process; and
43 . makes technical changes.
44 Monies Appropriated in this Bill:
45 None
46 Other Special Clauses:
47 None
48 Utah Code Sections Affected:
49 AMENDS:
50 10-1-118, as enacted by Laws of Utah 2000, Chapter 318
51 10-2-119, as last amended by Laws of Utah 2005, Chapter 233
52 10-2-120, as last amended by Laws of Utah 2005, Chapter 233
53 10-2-121, as last amended by Laws of Utah 2005, First Special Session, Chapter 9
54 10-2-125, as last amended by Laws of Utah 2008, Chapters 16 and 19
55 10-2-302, as last amended by Laws of Utah 2001, Second Special Session, Chapter 4
56 10-2-418, as last amended by Laws of Utah 2007, Chapters 329 and 378

57 10-2-419, as last amended by Laws of Utah 2007, Chapter 329
58 10-2-425, as last amended by Laws of Utah 2007, Chapters 329 and 378
59 10-2-507, as last amended by Laws of Utah 2005, Chapter 233
60 10-2-610, as last amended by Laws of Utah 1997, Chapter 389
61 10-2-611, as last amended by Laws of Utah 2005, Chapter 233
62 10-2-705, as enacted by Laws of Utah 1977, Chapter 48
63 10-2-711, as last amended by Laws of Utah 2000, Chapter 318
64 10-2-712, as last amended by Laws of Utah 2005, Chapter 233
65 10-6-111, as last amended by Laws of Utah 2005, Chapter 146
66 11-13-203, as last amended by Laws of Utah 2005, Chapter 233
67 11-13-204, as last amended by Laws of Utah 2005, Chapter 233
68 11-13-205, as last amended by Laws of Utah 2005, Chapters 105 and 233
69 17-3-3, as last amended by Laws of Utah 2005, Chapter 233
70 17-21-20, as last amended by Laws of Utah 2007, Chapter 147
71 17-50-104, as last amended by Laws of Utah 2005, Chapter 233
72 17-50-105, as last amended by Laws of Utah 2005, Chapter 233
73 17B-1-105, as renumbered and amended by Laws of Utah 2007, Chapter 329
74 17B-1-215, as last amended by Laws of Utah 2008, Chapter 360
75 17B-1-216, as renumbered and amended by Laws of Utah 2007, Chapter 329
76 17B-1-405, as renumbered and amended by Laws of Utah 2007, Chapter 329
77 17B-1-414, as last amended by Laws of Utah 2008, Chapter 118
78 17B-1-415, as renumbered and amended by Laws of Utah 2007, Chapter 329
79 17B-1-416, as last amended by Laws of Utah 2008, Chapter 118
80 17B-1-417, as renumbered and amended by Laws of Utah 2007, Chapter 329
81 17B-1-512, as renumbered and amended by Laws of Utah 2007, Chapter 329
82 17B-1-1308, as renumbered and amended by Laws of Utah 2007, Chapter 329
83 17C-1-201, as renumbered and amended by Laws of Utah 2006, Chapter 359
84 17C-1-701, as renumbered and amended by Laws of Utah 2006, Chapter 359
85 17D-1-204, as enacted by Laws of Utah 2008, Chapter 360
86 17D-1-208, as enacted by Laws of Utah 2008, Chapter 360
87 17D-1-209, as enacted by Laws of Utah 2008, Chapter 360

88 17D-1-403, as enacted by Laws of Utah 2008, Chapter 360
89 17D-1-603, as enacted by Laws of Utah 2008, Chapter 360
90 17D-3-203, as enacted by Laws of Utah 2008, Chapter 360
91 53A-2-101.5, as enacted by Laws of Utah 2005, Chapter 233
92 53A-2-118, as last amended by Laws of Utah 2008, Chapter 92
93 53A-2-118.1, as last amended by Laws of Utah 2008, Chapter 92
94 63F-1-506, as last amended by Laws of Utah 2005, Chapter 233 and renumbered and
95 amended by Laws of Utah 2005, Chapter 169
96 63F-1-507, as last amended by Laws of Utah 2007, Chapter 329
97 63G-7-401, as renumbered and amended by Laws of Utah 2008, Chapter 382
98 67-1a-2, as last amended by Laws of Utah 2007, Chapters 75 and 83
99 ENACTS:
100 17-2-101, Utah Code Annotated 1953
101 17-2-102, Utah Code Annotated 1953
102 17-2-201, Utah Code Annotated 1953
103 17-2-202, Utah Code Annotated 1953
104 17-23-20, Utah Code Annotated 1953
105 59-2-305.5, Utah Code Annotated 1953
106 67-1a-6.7, Utah Code Annotated 1953
107 REPEALS AND REENACTS:
108 67-1a-6.5, as last amended by Laws of Utah 2008, Chapter 360
109 RENUMBERS AND AMENDS:
110 17-2-103, (Renumbered from 17-2-1, as last amended by Laws of Utah 1993, Chapter
111 227)
112 17-2-104, (Renumbered from 17-2-3, as last amended by Laws of Utah 1984, Chapter
113 68)
114 17-2-105, (Renumbered from 17-2-4, as last amended by Laws of Utah 2005, Chapter
115 233)
116 17-2-106, (Renumbered from 17-2-5, Utah Code Annotated 1953)
117 17-2-203, (Renumbered from 17-2-6, as last amended by Laws of Utah 2003, Chapter
118 258)

119 17-2-204, (Renumbered from 17-2-8, as last amended by Laws of Utah 2003, Chapter
120 258)
121 17-2-205, (Renumbered from 17-2-9, as last amended by Laws of Utah 2005, Chapter
122 233)
123 17-2-206, (Renumbered from 17-2-10, as last amended by Laws of Utah 2002, Sixth
124 Special Session, Chapter 3)
125 17-2-207, (Renumbered from 17-2-11, as last amended by Laws of Utah 1993, Chapter
126 227)
127 17-2-208, (Renumbered from 17-2-12, Utah Code Annotated 1953)
128 17-2-209, (Renumbered from 17-2-13, as last amended by Laws of Utah 2005, Chapter
129 233)
130 REPEALS:
131 10-1-116, as last amended by Laws of Utah 2005, Chapter 233
132 10-1-117, as last amended by Laws of Utah 2007, Chapter 329
133 10-2-122, as last amended by Laws of Utah 2000, Chapter 38
134 10-2-508, as last amended by Laws of Utah 2003, Chapter 279
135 17-2-2, as last amended by Laws of Utah 1984, Chapter 68
136 17-2-7, as last amended by Laws of Utah 2003, Chapter 258
137 17-3-2, as last amended by Laws of Utah 1984, Chapter 68
138
139 Be it enacted by the Legislature of the state of Utah:
140 Section 1. Section 10-1-118 is amended to read:
141 10-1-118. Changing the name of a municipality.
142 (1) A municipality may change its name [by filing amended articles of incorporation as
143 provided in Section 10-1-117 .] as provided in this section.
144 (2) To initiate a name change, the legislative body of a municipality shall:
145 (a) adopt an ordinance or resolution approving a name change; and
146 (b) file with the lieutenant governor a copy of a notice of an impending name change,
147 as defined in Section 67-1a-6.7 , that meets the requirements of Subsection 67-1a-6.7 (3).
148 (3) Upon the lieutenant governor's issuance of a certificate of name change under
149 Section 67-1a-6.7 , the municipal legislative body shall:

150 (a) if the municipality is located within the boundary of a single county, submit to the
151 recorder of that county:
152 (i) the original:
153 (A) notice of an impending name change; and
154 (B) certificate of name change; and
155 (ii) a certified copy of the ordinance or resolution approving the name change; or
156 (b) if the municipality is located within the boundaries of more than a single county:
157 (i) submit to the recorder of one of those counties:
158 (A) the original of the documents listed in Subsections (3)(a)(i)(A) and (B); and
159 (B) a certified copy of the ordinance or resolution approving the name change; and
160 (ii) submit to the recorder of each other county:
161 (A) a certified copy of the documents described in Subsections (3)(a)(i)(A) and (B);
162 and
163 (B) a certified copy of the ordinance or resolution approving the name change.
164 [(2)] (4) (a) The name change becomes effective upon the lieutenant governor's
165 [certification of the amended articles as provided in Subsection 10-1-117 (3).] issuance of a
166 certificate of name change under Section 67-1a-6.7 .
167 (b) Notwithstanding Subsection (4)(a), the municipality may not operate under the new
168 name until the documents listed in Subsection (3) are recorded in the office of the recorder of
169 each county in which the municipality is located.
170 Section 2. Section 10-2-119 is amended to read:
171 10-2-119. Filing of notice and approved final local entity plat with lieutenant
172 governor -- Effective date of incorporation -- Necessity of recording documents and effect
173 of not recording.
174 (1) [Within seven days after the canvass of the final election of city officers under
175 Section 10-2-116 , the] The mayor-elect of the [new] future city shall [file at least three copies
176 of the articles of incorporation]:
177 (a) within 30 days after the canvass of the final election of city officers under Section
178 10-2-116 , file with the lieutenant governor[.]:
179 [(2) The articles of incorporation shall:]
180 [(a) contain the name of the city;]

181 [(b) contain an accurate map or plat, prepared by a licensed surveyor, approved by the
182 legislative body, and filed with the county surveyor in accordance with Section 17-23-17 ,
183 showing the boundaries of the city;]
184 [(c) contain the city's class according to population as defined in Section 10-2-301 ;
185 and]
186 [(d) be signed and verified by the mayor-elect of the city.]
187 [(3) The legislative body of the new city shall comply with the notice requirements of
188 Section 10-1-116 .]
189 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
190 that meets the requirements of Subsection 67-1a-6.5 (3); and
191 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
192 (b) upon the lieutenant governor's issuance of a certificate of incorporation under
193 Section 67-1a-6.5 :
194 (i) if the city is located within the boundary of a single county, submit to the recorder
195 of that county the original:
196 (A) notice of an impending boundary action;
197 (B) certificate of incorporation; and
198 (C) approved final local entity plat; or
199 (ii) if the city is located within the boundaries of more than a single county, submit the
200 original of the documents listed in Subsections (1)(b)(i)(A), (B), and (C) to one of those
201 counties and a certified copy of those documents to each other county.
202 (2) (a) The incorporation is effective upon the lieutenant governor's issuance of a
203 certificate of incorporation under Section 67-1a-6.5 .
204 (b) Notwithstanding any other provision of law, a city is conclusively presumed to be
205 lawfully incorporated and existing if, for two years following the city's incorporation:
206 (i) (A) the city has levied and collected a property tax; or
207 (B) for a city incorporated on or after July 1, 1998, the city has imposed a sales and use
208 tax; and
209 (ii) no challenge to the existence or incorporation of the city has been filed in the
210 district court for the county in which the city is located.
211 (3) (a) The effective date of an incorporation for purposes of assessing property within

212 the new city is governed by Section 59-2-305.5 .
213 (b) Until the documents listed in Subsection (1)(b) are recorded in the office of the
214 recorder of each county in which the property is located, a newly incorporated city may not:
215 (i) levy or collect a property tax on property within the city;
216 (ii) levy or collect an assessment on property within the city; or
217 (iii) charge or collect a fee for service provided to property within the city.
218 Section 3. Section 10-2-120 is amended to read:
219 10-2-120. Powers of officers-elect.
220 [(1) (a) Before filing articles of incorporation, the mayor-elect of the future city may
221 file with the lieutenant governor a verified notice of intention to file the articles of
222 incorporation.]
223 [(b) The notice under Subsection (1)(a) shall contain:]
224 [(i) the name of the future city;]
225 [(ii) an accurate map or plat, prepared by a licensed surveyor, approved by the
226 legislative body, and filed with the county surveyor in accordance with Section 17-23-17 ,
227 showing the boundaries of the future city;]
228 [(iii) the city's class according to population as defined in Section 10-2-301 ; and]
229 [(iv) the proposed date for filing the articles of incorporation.]
230 [(2)] (1) Upon the [lieutenant governor's certification of the notice] canvass of the final
231 election of city officers under Section [ 67-1a-6.5 ] 10-2-116 and until the future city becomes
232 legally incorporated, the officers of the future city may:
233 (a) prepare and adopt, under Chapter 6, Uniform Fiscal Procedures Act for Utah Cities,
234 a proposed budget and compilation of ordinances;
235 (b) negotiate and make personnel contracts and hirings;
236 (c) negotiate and make service contracts;
237 [(d) file the notification required by Subsection 10-1-116 (1);]
238 [(e)] (d) negotiate and make contracts to purchase equipment, materials, and supplies;
239 [(f)] (e) borrow funds from the county in which the future city is located under
240 Subsection 10-2-121 (3);
241 [(g)] (f) borrow funds for startup expenses of the future [municipality] city; H. [ and ] .H
242 [(h)] (g) issue tax anticipation notes in the name of the future [municipality] city H. [ . ] ;
242a and
242b (h) make appointments to the city's planning commission. .H

243 [(3)] (2) The city's legislative body shall review and ratify each contract made by the
244 officers-elect under Subsection [(2)] (1) within 30 days [of] after the effective date of
245 incorporation under Section [ 10-2-122 ] 10-2-119 .
246 Section 4. Section 10-2-121 is amended to read:
247 10-2-121. Division of municipal-type services revenues -- County may provide
248 startup funds.
249 (1) The county in which an area incorporating under this part is located shall, until the
250 date of the city's incorporation under Section [ 10-2-122 ] 10-2-119 , continue:
251 (a) to levy and collect ad valorem property tax and other revenues from or pertaining to
252 the future city; and
253 (b) except as otherwise agreed by the county and the officers-elect of the city [after the
254 filing of the notice under Subsection 10-2-120 (1)], to provide the same services to the future
255 city as the county provided before the commencement of the incorporation proceedings.
256 (2) (a) The legislative body of the county in which a newly incorporated city is located
257 shall share pro rata with the new city, based on the date of incorporation, the taxes and service
258 charges or fees levied and collected by the county under Section 17-34-3 during the year of the
259 new city's incorporation if and to the extent that the new city provides, by itself or by contract,
260 the same services for which the county levied and collected the taxes and service charges or
261 fees.
262 (b) (i) The legislative body of a county in which a city incorporated after January 1,
263 2004, is located may share with the new city taxes and service charges or fees that were levied
264 and collected by the county under Section 17-34-3 :
265 (A) before the year of the new city's incorporation;
266 (B) from the previously unincorporated area that, because of the city's incorporation, is
267 located within the boundaries of the newly incorporated city; and
268 (C) for the purpose of providing services to the area that before the new city's
269 incorporation was unincorporated.
270 (ii) A county legislative body may share taxes and service charges or fees under
271 Subsection (2)(b)(i) by a direct appropriation of funds or by a credit or offset against amounts
272 due under a contract for municipal-type services provided by the county to the new city.
273 (3) (a) The legislative body of a county in which an area incorporating under this part is

274 located may appropriate county funds to:
275 (i) before incorporation but after [a notice under Subsection 10-2-120 (1) is filed] the
276 canvass of the final election of city officers under Section 10-2-116 , the officers-elect of the
277 future city to pay startup expenses of the future city; or
278 (ii) after incorporation, the new city.
279 (b) Funds appropriated under Subsection (3)(a) may be distributed in the form of a
280 grant, a loan, or as an advance against future distributions under Subsection (2).
281 [(4) (a) Within 30 days of incorporation, the legislative body of the new city shall
282 record with the recorder of the county in which the new city is located a plat or map, prepared
283 by a licensed surveyor and approved by the legislative body of the new city, the county
284 recorder, and county surveyor, showing the boundaries of the new city.]
285 [(b) The legislative body of the new city shall comply with the notice requirements of
286 Section 10-1-116 .]
287 Section 5. Section 10-2-125 is amended to read:
288 10-2-125. Incorporation of a town.
289 (1) As used in this section:
290 (a) "Assessed value," with respect to agricultural land, means the value at which the
291 land would be assessed without regard to a valuation for agricultural use under Section
292 59-2-503 .
293 (b) "Financial feasibility study" means a study to determine:
294 (i) the projected revenues for the proposed town during the first three years after
295 incorporation; and
296 (ii) the projected costs, including overhead, that the proposed town will incur in
297 providing governmental services during the first three years after incorporation.
298 (c) "Municipal service" means a publicly provided service that is not provided on a
299 countywide basis.
300 (d) "Nonurban" means having a residential density of less than one unit per acre.
301 (2) (a) (i) A contiguous area of a county not within a municipality, with a population of
302 at least 100 but less than 1,000, may incorporate as a town as provided in this section.
303 (ii) An area within a county of the first class is not contiguous for purposes of
304 Subsection (2)(a)(i) if:

305 (A) the area includes a strip of land that connects geographically separate areas; and
306 (B) the distance between the geographically separate areas is greater than the average
307 width of the strip of land connecting the geographically separate areas.
308 (b) The population figure under Subsection (2)(a) shall be determined:
309 (i) as of the date the incorporation petition is filed; and
310 (ii) by the Utah Population Estimates Committee within 20 days after the county clerk's
311 certification under Subsection (6) of a petition filed under Subsection (4).
312 (3) (a) The process to incorporate an area as a town is initiated by filing a request for a
313 public hearing with the clerk of the county in which the area is located.
314 (b) Each request for a public hearing under Subsection (3)(a) shall:
315 (i) be signed by the owners of at least five separate parcels of private real property,
316 each owned by a different owner, located within the area proposed to be incorporated; and
317 (ii) be accompanied by an accurate map or plat depicting the boundary of the proposed
318 town.
319 (c) Within ten days after a request for a public hearing is filed under Subsection (3)(a),
320 the county clerk shall, with the assistance of other county officers from whom the clerk
321 requests assistance, determine whether the petition complies with the requirements of
322 Subsection (3)(b).
323 (d) If the clerk determines that a request under Subsection (3)(a) fails to comply with
324 the requirements of Subsection (3)(b), the clerk shall reject the request and deliver written
325 notice of the rejection to the signers of the request.
326 (e) (i) If the clerk determines that a request under Subsection (3)(a) complies with the
327 requirements of Subsection (3)(b), the clerk shall:
328 (A) schedule and arrange for a public hearing to be held:
329 (I) (Aa) at a public facility located within the boundary of the proposed town; or
330 (Bb) if there is no public facility within the boundary of the proposed town, at another
331 nearby public facility or at the county seat; and
332 (II) within 20 days after the clerk provides the last notice required under Subsection
333 (3)(e)(i)(B); and
334 (B) subject to Subsection (3)(e)(ii), give notice of the public hearing on the proposed
335 incorporation by:

336 (I) posting notice of the public hearing on the county's Internet website, if the county
337 has an Internet website; and
338 (II) (Aa) publishing notice of the public hearing at least once a week for two
339 consecutive weeks in a newspaper of general circulation within the proposed town; or
340 (Bb) if there is no newspaper of general circulation within the proposed town, posting
341 notice of the public hearing in at least five conspicuous public places within the proposed town.
342 (ii) The posting of notice required under Subsection (3)(e)(i)(B)(I) and, if applicable,
343 Subsection (3)(e)(i)(B)(II)(Bb) and the first publishing of notice required under Subsection
344 (3)(e)(i)(B)(II)(Aa), if applicable, shall occur no later than ten days after the clerk determines
345 that a request complies with the requirements of Subsection (3)(b).
346 (iii) Each public hearing under Subsection (3)(e)(i)(A) shall be conducted by the chair
347 of the county commission or council, or the chair's designee, to:
348 (A) introduce the concept of the proposed incorporation to the public;
349 (B) allow the public to review the map or plat of the boundary of the proposed town;
350 (C) allow the public to ask questions and become informed about the proposed
351 incorporation; and
352 (D) allow the public to express their views about the proposed incorporation, including
353 their views about the boundary of the area proposed to be incorporated.
354 (4) (a) At any time within three months after the public hearing under Subsection
355 (3)(e), a petition to incorporate the area as a town may be filed with the clerk of the county in
356 which the area is located.
357 (b) Each petition under Subsection (4)(a) shall:
358 (i) be signed by:
359 (A) the owners of private real property that:
360 (I) is located within the area proposed to be incorporated;
361 (II) covers a majority of the total private land area within the area;
362 (III) is equal in assessed value to more than 1/2 of the assessed value of all private real
363 property within the area; and
364 (IV) consists, in number of parcels, of at least 1/3 of the number of all parcels of
365 private real property within the area proposed to be incorporated; and
366 (B) a majority of all registered voters within the area proposed to be incorporated as a

367 town, according to the official voter registration list maintained by the county on the date the
368 petition is filed;
369 (ii) designate as sponsors at least five of the property owners who have signed the
370 petition, one of whom shall be designated as the contact sponsor, with the mailing address of
371 each owner signing as a sponsor;
372 (iii) be accompanied by and circulated with an accurate map or plat, prepared by a
373 licensed surveyor, showing a legal description of the boundary of the proposed town; and
374 (iv) substantially comply with and be circulated in the following form:
375 PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
376 town)
377 To the Honorable County Legislative Body of (insert the name of the county in which
378 the proposed town is located) County, Utah:
379 We, the undersigned owners of real property and registered voters within the area
380 described in this petition, respectfully petition the county legislative body for the area described
381 in this petition to be incorporated as a town. Each of the undersigned affirms that each has
382 personally signed this petition and is an owner of real property or a registered voter residing
383 within the described area, and that the current residence address of each is correctly written
384 after the signer's name. The area proposed to be incorporated as a town is described as follows:
385 (insert an accurate description of the area proposed to be incorporated).
386 (c) A petition under this Subsection (4) may not describe an area that includes some or
387 all of an area proposed for annexation in an annexation petition under Section 10-2-403 that:
388 (i) was filed before the filing of the petition; and
389 (ii) is still pending on the date the petition is filed.
390 (d) A petition may not be filed under this section if the private real property owned by
391 the petition sponsors, designated under Subsection (4)(b)(ii), cumulatively exceeds 40% of the
392 total private land area within the area proposed to be incorporated as a town.
393 (e) A signer of a petition under this Subsection (4) may withdraw or, after withdrawn,
394 reinstate the signer's signature on the petition:
395 (i) at any time until the county clerk certifies the petition under Subsection (6); and
396 (ii) by filing a signed, written withdrawal or reinstatement with the county clerk.
397 (5) (a) If a petition is filed under Subsection (4)(a) proposing to incorporate as a town

398 an area located within a county of the first class, the county clerk shall deliver written notice of
399 the proposed incorporation:
400 (i) to each owner of private real property owning more than 1% of the assessed value
401 of all private real property within the area proposed to be incorporated as a town; and
402 (ii) within seven calendar days after the date on which the petition is filed.
403 (b) A private real property owner described in Subsection (5)(a)(i) may exclude all or
404 part of the owner's property from the area proposed to be incorporated as a town by filing a
405 notice of exclusion:
406 (i) with the county clerk; and
407 (ii) within ten calendar days after receiving the clerk's notice under Subsection (5)(a).
408 (c) The county legislative body shall exclude from the area proposed to be incorporated
409 as a town the property identified in the notice of exclusion under Subsection (5)(b) if:
410 (i) the property:
411 (A) is nonurban; and
412 (B) does not and will not require a municipal service; and
413 (ii) exclusion will not leave an unincorporated island within the proposed town.
414 (d) If the county legislative body excludes property from the area proposed to be
415 incorporated as a town, the county legislative body shall send written notice of the exclusion to
416 the contact sponsor within five days after the exclusion.
417 (6) Within 20 days after the filing of a petition under Subsection (4), the county clerk
418 shall:
419 (a) with the assistance of other county officers from whom the clerk requests
420 assistance, determine whether the petition complies with the requirements of Subsection (4);
421 and
422 (b) (i) if the clerk determines that the petition complies with those requirements:
423 (A) certify the petition and deliver the certified petition to the county legislative body;
424 and
425 (B) mail or deliver written notification of the certification to:
426 (I) the contact sponsor;
427 (II) if applicable, the chair of the planning commission of each township in which any
428 part of the area proposed for incorporation is located; and

429 (III) the Utah Population Estimates Committee; or
430 (ii) if the clerk determines that the petition fails to comply with any of those
431 requirements, reject the petition and notify the contact sponsor in writing of the rejection and
432 the reasons for the rejection.
433 (7) (a) (i) A petition that is rejected under Subsection (6)(b)(ii) may be amended to
434 correct a deficiency for which it was rejected and then refiled with the county clerk.
435 (ii) A valid signature on a petition filed under Subsection (4)(a) may be used toward
436 fulfilling the signature requirement of Subsection (4)(b) for the same petition that is amended
437 under Subsection (7)(a)(i) and then refiled with the county clerk.
438 (b) If a petition is amended and refiled under Subsection (7)(a)(i) after having been
439 rejected by the county clerk under Subsection (6)(b)(ii):
440 (i) the amended petition shall be considered as a newly filed petition; and
441 (ii) the amended petition's processing priority is determined by the date on which it is
442 refiled.
443 (8) (a) (i) The legislative body of a county with which a petition is filed under
444 Subsection (4) may, at its option and upon the petition being certified under Subsection (6),
445 commission and pay for a financial feasibility study.
446 (ii) If the county legislative body chooses to commission a financial feasibility study,
447 the county legislative body shall:
448 (A) within 20 days after the incorporation petition is certified, select and engage a
449 feasibility consultant; and
450 (B) require the feasibility consultant to complete the financial feasibility study and
451 submit written results of the study to the county legislative body no later than 30 days after the
452 feasibility consultant is engaged to conduct the financial feasibility study.
453 (b) The county legislative body shall approve a petition proposing the incorporation of
454 a town and hold an election for town officers, as provided in Subsection (9), if:
455 (i) the county clerk has certified the petition under Subsection (6); and
456 (ii) (A) (I) the county legislative body has commissioned a financial feasibility study
457 under Subsection (8)(a); and
458 (II) the results of the financial feasibility study show that the average annual amount of
459 revenues described in Subsection (1)(b)(i) does not exceed the average annual amount of costs

460 described in Subsection (1)(b)(ii) by more than 10%; or
461 (B) the county legislative body chooses not to commission a financial feasibility study.
462 (c) (i) If the county legislative body commissions a financial feasibility study under
463 Subsection (8)(a) and the results of the financial feasibility study show that the average annual
464 amount of revenues described in Subsection (1)(b)(i) exceeds the average annual amount of
465 costs described in Subsection (1)(b)(ii) by more than 10%, the county legislative body may:
466 (A) deny the petition, subject to Subsection (8)(c)(ii), if the results of the financial
467 feasibility study show that the average annual amount of revenues described in Subsection
468 (1)(b)(i) exceeds the average annual amount of costs described in Subsection (1)(b)(ii) by 25%
469 or more;
470 (B) approve the petition and hold an election for town officers, as provided in
471 Subsection (9); or
472 (C) (I) with the consent of the petition sponsors:
473 (Aa) impose conditions to mitigate the fiscal inequities identified in the financial
474 feasibility study; or
475 (Bb) alter the boundaries of the area proposed to be incorporated as a town to
476 approximate the boundaries necessary to prevent the average annual amount of revenues
477 described in Subsection (1)(b)(i) from exceeding the average annual amount of costs described
478 in Subsection (1)(b)(ii); and
479 (II) approve the incorporation petition and hold an election for town officers, as
480 provided in Subsection (9).
481 (ii) A county legislative body intending to deny a petition under Subsection (8)(c)(i)(A)
482 shall deny the petition within 20 days after the feasibility consultant submits the written results
483 of the financial feasibility study.
484 (d) Each town that incorporates pursuant to a petition approved after the county
485 legislative body imposes conditions under Subsection (8)(c)(i)(C)(I) shall comply with those
486 conditions.
487 (9) (a) The legislative body of the county in which the proposed new town is located
488 shall hold the election for town officers provided for in Subsection (8) within:
489 (i) 45 days after the petition is certified, for an election under Subsection (8)(b)(ii)(B);
490 (ii) 45 days after the feasibility consultant submits the written results of the financial

491 feasibility study, for an election under Subsection (8)(b)(ii)(A) or (8)(c)(i)(B); or
492 (iii) 60 days after the feasibility consultant submits the written results of the financial
493 feasibility study, for an election under Subsection (8)(c)(i)(C).
494 (b) The officers elected at an election under Subsection (9)(a) shall take office:
495 (i) at noon on the first Monday in January next following the election, if the election is
496 held on a regular general or municipal general election date; or
497 (ii) at noon on the first day of the month next following the effective date of the
498 incorporation under Subsection (12), if the election of officers is held on any other date.
499 (10) Each newly incorporated town shall operate under the five-member council form
500 of government as defined in Section 10-3b-102 .
501 (11) [(a) Within seven days after the canvass of the election of town officers under
502 Subsection (9), the] The mayor-elect of the [new] future town shall [file at least three copies of
503 the articles of incorporation of the new town]:
504 (a) within 30 days after the canvass of the election of town officers under Subsection
505 (9), file with the lieutenant governor[.]:
506 [(b) The articles of incorporation shall meet the requirements of Subsection
507 10-2-119 (2).]
508 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
509 that meets the requirements of Subsection 67-1a-6.5 (3); and
510 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
511 (b) upon the lieutenant governor's issuance of a certificate of incorporation under
512 Section 67-1a-6.5 :
513 (i) if the town is located within the boundary of a single county, submit to the recorder
514 of that county the original:
515 (A) notice of an impending boundary action;
516 (B) certificate of incorporation; and
517 (C) approved final local entity plat; or
518 (ii) if the town is located within the boundaries of more than a single county, submit
519 the original of the documents listed in Subsections (11)(b)(i)(A), (B), and (C) to one of those
520 counties and a certified copy of those documents to each other county.
521 (12) (a) A new town is incorporated:

522 [(a)] (i) on December 31 of the year in which the lieutenant governor issues a
523 certificate of [entity creation for the town] incorporation under Section 67-1a-6.5 , if the
524 election of town officers under Subsection (9) is held on a regular general or municipal general
525 election date; or
526 [(b)] (ii) on the last day of the month during which the lieutenant governor issues a
527 certificate of [entity creation for the town] incorporation under Section 67-1a-6.5 , if the
528 election of town officers under Subsection (9) is held on any other date.
529 (b) (i) The effective date of an incorporation for purposes of assessing property within
530 the new town is governed by Section 59-2-305.5 .
531 (ii) Until the documents listed in Subsection (11)(b) are recorded in the office of the
532 recorder of each county in which the property is located, a newly incorporated town may not:
533 (A) levy or collect a property tax on property within the town;
534 (B) levy or collect an assessment on property within the town; or
535 (C) charge or collect a fee for service provided to property within the town.
536 (13) For each petition filed before March 5, 2008:
537 (a) the petition is subject to and governed by the law in effect at the time the petition
538 was filed; and
539 (b) the law in effect at the time the petition was filed governs in all administrative and
540 judicial proceedings relating to the petition.
541 Section 6. Section 10-2-302 is amended to read:
542 10-2-302. Change of class of municipality.
543 (1) Each municipality shall retain its classification under Section 10-2-301 until
544 changed as provided in this section or Subsection 67-1a-2 (3).
545 [(2) The lieutenant governor shall monitor the population figure for each municipality
546 as shown on:]
547 [(a) each official census or census estimate of the United States Bureau of the Census;
548 or]
549 [(b) if the population figure for a municipality is not available from the United States
550 Bureau of the Census, the population estimate from the Utah Population Estimates
551 Committee.]
552 [(3) If the applicable population figure under Subsection (2) indicates that a

553 municipality's population has increased beyond the limit for its current class, the lieutenant
554 governor shall:]
555 [(a) prepare a certificate indicating the class in which the municipality belongs based
556 on the increased population figure; and]
557 [(b) within ten days after preparing the certificate, deliver a copy of the certificate to
558 the legislative body of the municipality whose class has changed.]
559 [(4) (a)] (2) If [the applicable] a municipality's population [figure], as determined by
560 the lieutenant governor under Subsection [(2)] 67-1a-2 (3), indicates that [a] the municipality's
561 population has decreased below the limit for its current class, the legislative body of the
562 municipality may petition the lieutenant governor to prepare a certificate indicating the class in
563 which the municipality belongs based on the decreased population figure.
564 [(b) Upon receipt of a petition under Subsection (4)(a), the lieutenant governor shall
565 prepare the certificate, and within ten days after preparing the certificate, deliver a copy of the
566 certificate to the legislative body of the municipality whose class has changed.]
567 [(5)] (3) A municipality's change in class is effective on the date of the lieutenant
568 governor's certificate under Subsection [(3) or (4)] 67-1a-2 (3).
569 Section 7. Section 10-2-418 is amended to read:
570 10-2-418. Annexation of an island or peninsula without a petition -- Notice --
571 Hearing.
572 (1) (a) Notwithstanding Subsection 10-2-402 (2), a municipality may annex an
573 unincorporated area under this section without an annexation petition if:
574 (i) (A) the area to be annexed consists of one or more unincorporated islands within or
575 unincorporated peninsulas contiguous to the municipality;
576 (B) the majority of each island or peninsula consists of residential or commercial
577 development;
578 (C) the area proposed for annexation requires the delivery of municipal-type services;
579 and
580 (D) the municipality has provided most or all of the municipal-type services to the area
581 for more than one year; or
582 (ii) (A) the area to be annexed consists of one or more unincorporated islands within or
583 unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800

584 residents; and
585 (B) the municipality has provided one or more municipal-type services to the area for
586 at least one year.
587 (b) Notwithstanding Subsection 10-2-402 (1)(b)(iii), a municipality may annex a
588 portion of an island or peninsula under this section, leaving unincorporated the remainder of
589 the unincorporated island or peninsula, if:
590 (i) in adopting the resolution under Subsection (2)(a)(i), the municipal legislative body
591 determines that not annexing the entire unincorporated island or peninsula is in the
592 municipality's best interest; and
593 (ii) for an annexation of one or more unincorporated islands under Subsection
594 (1)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed,
595 complies with the requirement of Subsection (1)(a)(ii)(A) relating to the number of residents.
596 (2) (a) The legislative body of each municipality intending to annex an area under this
597 section shall:
598 (i) adopt a resolution indicating the municipal legislative body's intent to annex the
599 area, describing the area proposed to be annexed;
600 (ii) (A) publish notice at least once a week for three successive weeks in a newspaper
601 of general circulation within the municipality and the area proposed for annexation; or
602 (B) if there is no newspaper of general circulation in the areas described in Subsection
603 (2)(a)(ii)(A), post at least one notice per 1,000 population in places within those areas that are
604 most likely to give notice to the residents of those areas;
605 (iii) send written notice to the board of each local district and special service district
606 whose boundaries contain some or all of the area proposed for annexation and to the legislative
607 body of the county in which the area proposed for annexation is located; and
608 (iv) hold a public hearing on the proposed annexation no earlier than 30 days after the
609 adoption of the resolution under Subsection (2)(a)(i).
610 (b) Each notice under Subsections (2)(a)(ii) and (iii) shall:
611 (i) state that the municipal legislative body has adopted a resolution indicating its intent
612 to annex the area proposed for annexation;
613 (ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
614 (iii) describe the area proposed for annexation; and

615 (iv) except for an annexation that meets the property owner consent requirements of
616 Subsection (3)(b), state in conspicuous and plain terms that the municipal legislative body will
617 annex the area unless, at or before the public hearing under Subsection (2)(a)(iv), written
618 protests to the annexation are filed by the owners of private real property that:
619 (A) is located within the area proposed for annexation;
620 (B) covers a majority of the total private land area within the entire area proposed for
621 annexation; and
622 (C) is equal in value to at least 1/2 the value of all private real property within the
623 entire area proposed for annexation.
624 (c) The first publication of the notice required under Subsection (2)(a)(ii)(A) shall be
625 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
626 (2)(a)(i).
627 (3) (a) Upon conclusion of the public hearing under Subsection (2)(a)(iv), the
628 municipal legislative body may adopt an ordinance [annexing] approving the annexation of the
629 area proposed for annexation under this section unless, at or before the hearing, written protests
630 to the annexation have been filed with the city recorder or town clerk, as the case may be, by
631 the owners of private real property that:
632 (i) is located within the area proposed for annexation;
633 (ii) covers a majority of the total private land area within the entire area proposed for
634 annexation; and
635 (iii) is equal in value to at least 1/2 the value of all private real property within the
636 entire area proposed for annexation.
637 (b) (i) Upon conclusion of the public hearing under Subsection (2)(a)(iv), a
638 municipality may adopt an ordinance [annexing] approving the annexation of the area proposed
639 for annexation under this section without allowing or considering protests under Subsection
640 (3)(a) if the owners of at least 75% of the total private land area within the entire area proposed
641 for annexation, representing at least 75% of the value of the private real property within the
642 entire area proposed for annexation, have consented in writing to the annexation.
643 (ii) Upon [adoption of] the effective date under Section 10-2-425 of an annexation
644 approved by an ordinance adopted under Subsection (3)(b)(i), the area annexed shall be
645 conclusively presumed to be validly annexed.

646 (4) (a) If protests are timely filed that comply with Subsection (3), the municipal
647 legislative body may not adopt an ordinance [annexing] approving the annexation of the area
648 proposed for annexation, and the annexation proceedings under this section shall be considered
649 terminated.
650 (b) Subsection (4)(a) may not be construed to prohibit the municipal legislative body
651 from excluding from a proposed annexation under Subsection (1)(a)(ii) the property within an
652 unincorporated island regarding which protests have been filed and proceeding under
653 Subsection (1)(b) to annex some or all of the remaining portion of the unincorporated island.
654 Section 8. Section 10-2-419 is amended to read:
655 10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
656 (1) The legislative bodies of two or more municipalities having common boundaries
657 may adjust their common boundaries as provided in this section.
658 (2) (a) The legislative body of each municipality intending to adjust a boundary that is
659 common with another municipality shall:
660 (i) adopt a resolution indicating the intent of the municipal legislative body to adjust a
661 common boundary;
662 (ii) hold a public hearing on the proposed adjustment no less than 60 days after the
663 adoption of the resolution under Subsection (2)(a)(i); and
664 (iii) (A) publish notice at least once a week for three successive weeks in a newspaper
665 of general circulation within the municipality; or
666 (B) if there is no newspaper of general circulation within the municipality, post at least
667 one notice per 1,000 population in places within the municipality that are most likely to give
668 notice to residents of the municipality.
669 (b) The notice required under Subsection (2)(a)(iii) shall:
670 (i) state that the municipal legislative body has adopted a resolution indicating the
671 municipal legislative body's intent to adjust a boundary that the municipality has in common
672 with another municipality;
673 (ii) describe the area proposed to be adjusted;
674 (iii) state the date, time, and place of the public hearing required under Subsection
675 (2)(a)(ii);
676 (iv) state in conspicuous and plain terms that the municipal legislative body will adjust

677 the boundaries unless, at or before the public hearing under Subsection (2)(a)(ii), written
678 protests to the adjustment are filed by the owners of private real property that:
679 (A) is located within the area proposed for adjustment;
680 (B) covers at least 25% of the total private land area within the area proposed for
681 adjustment; and
682 (C) is equal in value to at least 15% of the value of all private real property within the
683 area proposed for adjustment; and
684 (v) state that the area that is the subject of the boundary adjustment will, because of the
685 boundary adjustment, be automatically annexed to a local district providing fire protection,
686 paramedic, and emergency services, as provided in Section 17B-1-416 , if:
687 (A) the municipality to which the area is being added because of the boundary
688 adjustment is entirely within the boundaries of a local district:
689 (I) that provides fire protection, paramedic, and emergency services; and
690 (II) in the creation of which an election was not required because of Subsection
691 17B-1-214 (3)(c); and
692 (B) the municipality from which the area is being taken because of the boundary
693 adjustment is not within the boundaries of the local district; and
694 (vi) state that the area proposed for annexation to the municipality will be
695 automatically withdrawn from a local district providing fire protection, paramedic, and
696 emergency services, as provided in Subsection 17B-1-502 (2), if:
697 (A) the municipality to which the area is being added because of the boundary
698 adjustment is not within the boundaries of a local district:
699 (I) that provides fire protection, paramedic, and emergency services; and
700 (II) in the creation of which an election was not required because of Subsection
701 17B-1-214 (3)(c); and
702 (B) the municipality from which the area is being taken because of the boundary
703 adjustment is entirely within the boundaries of the local district.
704 (c) The first publication of the notice required under Subsection (2)(a)(iii)(A) shall be
705 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
706 (2)(a)(i).
707 (3) Upon conclusion of the public hearing under Subsection (2)(a)(ii), the municipal

708 legislative body may adopt an ordinance [adjusting] approving the adjustment of the common
709 boundary unless, at or before the hearing under Subsection (2)(a)(ii), written protests to the
710 adjustment have been filed with the city recorder or town clerk, as the case may be, by the
711 owners of private real property that:
712 (a) is located within the area proposed for adjustment;
713 (b) covers at least 25% of the total private land area within the area proposed for
714 adjustment; and
715 (c) is equal in value to at least 15% of the value of all private real property within the
716 area proposed for adjustment.
717 (4) The municipal legislative body shall comply with the requirements of Section
718 10-2-425 as if the boundary [change] adjustment were an annexation.
719 (5) (a) An ordinance adopted under Subsection (3) becomes effective when each
720 municipality involved in the boundary adjustment has adopted an ordinance under Subsection
721 (3) [and as determined under Subsection 10-2-425 (5) if the boundary change were an
722 annexation].
723 (b) The effective date of a boundary adjustment under this section is governed by
724 Section 10-2-425 .
725 Section 9. Section 10-2-425 is amended to read:
726 10-2-425. Filing of plat or map and amended articles -- Notice requirements.
727 [(1) Within 30 days after enacting an ordinance annexing an unincorporated area or
728 adjusting a boundary under this part, the municipal legislative body shall:]
729 [(a) send notice of the enactment to each affected entity;]
730 [(b)] (1) The legislative body of each municipality that enacts an ordinance under this
731 part approving the annexation of an unincorporated area or the adjustment of a boundary shall:
732 (a) within 30 days after enacting the ordinance or, in the case of a boundary
733 adjustment, within 30 days after each of the municipalities involved in the boundary
734 adjustment has enacted an ordinance, file with the lieutenant governor:
735 [(i) a certified copy of the ordinance approving the annexation or boundary adjustment,
736 together with a plat or map prepared by a licensed surveyor, approved by the municipal
737 legislative body, and filed with the county surveyor in accordance with Section 17-23-17 ,
738 showing the new boundaries of the affected area; and]

739 [(ii) (A) if the municipality has articles of incorporation, amended articles of
740 incorporation reflecting the annexation or boundary adjustment, as provided in Section
741 10-1-117 ; or]
742 [(B) if the municipality does not have articles of incorporation, written notice of the
743 adoption of an annexation ordinance, accompanied by a copy of the ordinance; and]
744 (i) a notice of an impending boundary action, as defined in Section 67-1a-6.5 , that
745 meets the requirements of Subsection 67-1a-6.5 (3); and
746 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
747 (b) upon the lieutenant governor's issuance of a certificate of annexation or boundary
748 adjustment, as the case may be, under Section 67-1a-6.5 :
749 (i) (A) if the annexed area or area subject to the boundary adjustment is located within
750 the boundary of a single county, submit to the recorder of that county:
751 (I) the original:
752 (Aa) notice of an impending boundary action;
753 (Bb) certificate of annexation or boundary adjustment; and
754 (Cc) approved final local entity plat; and
755 (II) a certified copy of the ordinance approving the annexation or boundary adjustment;
756 or
757 (B) if the annexed area or area subject to the boundary adjustment is located within the
758 boundaries of more than a single county:
759 (I) submit to the recorder of one of those counties:
760 (Aa) the original of the documents listed in Subsections (1)(b)(i)(A)(I)(Aa), (Bb), and
761 (Cc); and
762 (Bb) a certified copy of the ordinance approving the annexation or boundary
763 adjustment; and
764 (II) submit to the recorder of each other county:
765 (Aa) a certified copy of the documents listed in Subsections (1)(b)(i)(A)(I)(Aa), (Bb),
766 and (Cc); and
767 (Bb) a certified copy of the ordinance approving the annexation or boundary
768 adjustment;
769 (ii) send notice of the annexation or boundary adjustment to each affected entity; and

770 [(c)] (iii) in accordance with Section 26-8a-414 , file [the documents described in
771 Subsection (1)(b)(i)] with the Department of Health[.]:
772 (A) a certified copy of the ordinance approving the annexation of an unincorporated
773 area or the adjustment of a boundary; and
774 (B) a copy of the approved final local entity plat.
775 (2) If an annexation or boundary adjustment under this part also causes an automatic
776 annexation to a local district under Section 17B-1-416 or an automatic withdrawal from a local
777 district under Subsection 17B-1-502 (2), the municipal legislative body shall, as soon as
778 practicable after [enacting an ordinance annexing an unincorporated area or adjusting a
779 boundary] the lieutenant governor issues a certificate of annexation or boundary adjustment
780 under Section 67-1a-6.5 , send notice of the annexation or boundary adjustment to the local
781 district to which the annexed area is automatically annexed or from which the annexed area is
782 automatically withdrawn.
783 [(3) The municipal legislative body shall comply with the notice requirements of
784 Section 10-1-116 .]
785 [(4)] (3) Each notice required under [Subsections (1) and (3)] Subsection (1) relating to
786 an annexation or boundary adjustment shall state the effective date of the annexation or
787 boundary adjustment, as determined under Subsection [(5)] (4).
788 [(5)] (4) An annexation or boundary adjustment under this part is completed and takes
789 effect:
790 (a) for the annexation of or boundary adjustment affecting an area located in a county
791 of the first class, except for an annexation under Section 10-2-418 :
792 (i) July 1 following [enactment of an ordinance annexing the unincorporated area] the
793 lieutenant governor's issuance under Section 67-1a-6.5 of a certificate of annexation or
794 boundary adjustment if:
795 (A) the [ordinance is adopted] certificate is issued during the preceding November 1
796 through April 30; and
797 (B) the requirements of Subsection (1) are met before that July 1; or
798 (ii) January 1 following [enactment of an ordinance annexing the unincorporated area]
799 the lieutenant governor's issuance under Section 67-1a-6.5 of a certificate of annexation or
800 boundary adjustment if:

801 (A) the [ordinance is adopted] certificate is issued during the preceding May 1 through
802 October 31; and
803 (B) the requirements of Subsection (1) are met before that January 1; and
804 (b) for all other annexations and boundary adjustments, the date of the lieutenant
805 governor's issuance, under Section 67-1a-6.5 , of[:] a certificate of annexation or boundary
806 adjustment.
807 [(i) a certification of amended articles under Subsection 10-1-117 (3), for an annexation
808 by a municipality that has articles of incorporation and filed with the lieutenant governor
809 amended articles of incorporation under Subsection (1)(a)(iii)(A); or]
810 [(ii) a certificate of annexation under Subsection (1)(b), for an annexation by a
811 municipality that does not have articles of incorporation and filed with the lieutenant governor
812 a notice of adoption of an annexation ordinance under Subsection (1)(a)(iii)(B).]
813 (5) (a) As used in this Subsection (5):
814 (i) "Affected area" means:
815 (A) in the case of an annexation, the annexed area; and
816 (B) in the case of a boundary adjustment, any area that, as a result of the boundary
817 adjustment, is moved from within the boundary of one municipality to within the boundary of
818 another municipality.
819 (ii) "Annexing municipality" means:
820 (A) in the case of an annexation, the municipality that annexes an unincorporated area;
821 and
822 (B) in the case of a boundary adjustment, a municipality whose boundary includes an
823 affected area as a result of a boundary adjustment.
824 (b) The effective date of an annexation or boundary adjustment for purposes of
825 assessing property within an affected area is governed by Section 59-2-305.5 .
826 (c) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the
827 recorder of each county in which the property is located, a municipality may not:
828 (i) levy or collect a property tax on property within an affected area;
829 (ii) levy or collect an assessment on property within an affected area; or
830 (iii) charge or collect a fee for service provided to property within an affected area H. ,
830a unless the municipality was charging and collecting the fee within that area immediately
830b before annexation .H .
831 Section 10. Section 10-2-507 is amended to read:

832 10-2-507. Disconnection decree -- Filing of documents -- Notice requirements.
833 [(1) (a) Upon entering a disconnection order, the court shall]
834 (1) As used in this section, "disconnection action" means:
835 (a) the municipal legislative body's adoption of an ordinance under Subsection
836 10-2-502.5 (4)(b) approving disconnection; or
837 (b) the entry of a court order under Section 10-2-502.7 ordering disconnection.
838 (2) The municipal legislative body shall:
839 (a) within 30 days after the disconnection action, file with the lieutenant governor [a
840 certified copy of the order and a transparent reproducible copy of the map or plat.]:
841 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
842 that meets the requirements of Subsection 67-1a-6.5 (3); and
843 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
844 (b) upon the lieutenant governor's issuance of a certificate of disconnection under
845 Section 67-1a-6.5 :
846 (i) if the disconnected area is located within the boundary of a single county, submit to
847 the recorder of that county:
848 (A) the original:
849 (I) notice of an impending boundary action;
850 (II) certificate of disconnection; and
851 (III) approved final local entity plat; and
852 (B) a certified copy of the ordinance approving the disconnection or court order
853 ordering disconnection; or
854 (ii) if the disconnected area is located within the boundaries of more than a single
855 county:
856 (A) submit to the recorder of one of those counties:
857 (I) the original of the documents listed in Subsections (2)(b)(i)(A)(I), (II), and (III); and
858 (II) a certified copy of the ordinance approving the disconnection or the court order
859 ordering disconnection; and
860 (B) submit to the recorder of each other county:
861 (I) a certified copy of the documents listed in Subsections (2)(b)(i)(A)(I), (II), and (III);
862 and

863 (II) a certified copy of the ordinance approving the disconnection or the court order
864 ordering disconnection.
865 [(b)] (3) The disconnection is effective upon the lieutenant governor's [certification of
866 the] issuance of a certificate of disconnection [order] under Section 67-1a-6.5 .
867 [(2) The municipality shall file amended articles of incorporation in the lieutenant
868 governor's office, as provided in Section 10-1-117 , and the county recorder's office within 30
869 days after, as the case may be:]
870 [(a) adoption of an ordinance approving disconnection under Subsection
871 10-2-502.5 (4)(b); or]
872 [(b) entry of a court order under Section 10-2-502.7 ordering disconnection.]
873 [(3) The amended articles of incorporation shall:]
874 [(a) describe the postdisconnection geography of the municipality; and]
875 [(b) specify the postdisconnection population of the municipality.]
876 [(4) The lieutenant governor shall comply with the requirements of Subsection
877 10-1-117 (3).]
878 (4) (a) The effective date of a disconnection for purposes of assessing property within
879 the disconnected territory is governed by Section 59-2-305.5 .
880 (b) Until the documents listed in Subsection (2)(b) are recorded in the office of the
881 recorder of each county in which the property is located, a county in which the disconnected
882 territory is located may not:
883 (i) except as provided in Section 10-2-506 , levy or collect a property tax on property
884 within the disconnected territory unless the county was levying and collecting the tax
885 immediately before disconnection;
886 (ii) levy or collect an assessment on property within the disconnected territory unless
887 the county was levying and collecting the assessment immediately before disconnection; or
888 (iii) charge or collect a fee for service provided to property within the disconnected
889 territory unless the county was charging and collecting the fee immediately before
890 disconnection.
891 (5) Any cost incurred by the municipality in complying with this section may be
892 charged against the disconnected territory.
893 [(6) The legislative body of each municipality that has had territory disconnected shall

894 comply with the notice requirements of Section 10-1-116 .]
895 Section 11. Section 10-2-610 is amended to read:
896 10-2-610. Favorable vote at election -- Notice of results -- Publication -- Filing.
897 (1) The [commissioners of the] legislative body of each county [or counties] in which a
898 proposed consolidating municipality is located shall canvass the results of the election or
899 elections in the same manner as for general elections and shall certify the results of the election
900 to the county clerk or clerks.
901 (2) If a majority of the ballots cast at the election on consolidation in each municipality
902 are for consolidation, the county clerk or clerks shall immediately, on receiving notice of the
903 results of the canvass [being filed in the proper office] under Subsection (1), give notice of the
904 result by publication in the same manner and for the same time as provided in Section 10-2-608
905 [and in the notice the county clerk or clerks shall indicate to which class the consolidated
906 municipality belongs. A copy of the notice with proper proof of its original publication shall
907 be filed with the papers, and a certified copy of all papers and record entries relating to the
908 matter on file in the county clerk's office shall be filed in the office of the county recorder. The
909 mayor of the consolidated municipality shall cause articles of consolidation to be filed in the
910 office of the lieutenant governor which shall contain the same information as is required in
911 Subsection 10-2-119 (2) together with a provision stating that the municipality is a
912 consolidation of two or more municipalities and the names of the municipalities which
913 comprise the new municipality].
914 (3) The mayors of the municipalities to be consolidated shall:
915 (a) within 30 days after the canvass of an election at which voters approve
916 consolidation, file with the lieutenant governor:
917 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
918 that meets the requirements of Subsection 67-1a-6.5 (3); and
919 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
920 (b) upon the lieutenant governor's issuance of a certificate of consolidation under
921 Section 67-1a-6.5 :
922 (i) if the consolidated municipality is located within the boundary of a single county,
923 submit to the recorder of that county the original:
924 (A) notice of an impending boundary action;

925 (B) certificate of consolidation; and
926 (C) approved final local entity plat; or
927 (ii) if the consolidated municipality is located within the boundaries of more than a
928 single county, submit the original of the documents listed in Subsections (3)(b)(i)(A), (B), and
929 (C) to the recorder of one of those counties and a certified copy of those documents to the
930 recorder of each other county.
931 Section 12. Section 10-2-611 is amended to read:
932 10-2-611. When consolidation complete -- Disincorporation of original
933 municipalities.
934 (1) Upon the lieutenant governor's [certification of the articles] issuance of a certificate
935 of consolidation under Section 67-1a-6.5 [, the incorporation of the new municipality shall be
936 complete and]:
937 (a) the consolidation is effective; and
938 (b) the original municipalities involved in the consolidation [shall be considered to be]
939 are disincorporated.
940 [(2) The legislative body of the new municipality shall comply with the notice
941 requirements of Section 10-1-116 .]
942 (2) (a) The effective date of a consolidation of municipalities for purposes of assessing
943 property within the consolidated municipality is governed by Section 59-2-305.5 .
944 (b) Until the documents listed in Subsection 10-2-610 (3)(b) are recorded in the office
945 of the recorder of each county in which the property is located, a consolidated municipality
946 may not:
947 (i) levy or collect a property tax on property within the consolidated municipality;
948 (ii) levy or collect an assessment on property within the consolidated municipality; or
949 (iii) charge or collect a fee for service provided to property within the consolidated
950 municipality.
951 Section 13. Section 10-2-705 is amended to read:
952 10-2-705. Judgment -- Determination of claims.
953 The vote shall be taken and canvassed in the same manner as in other municipal
954 elections, and return thereof made to the district court. If the district court finds that a majority
955 of the votes cast favored dissolution, a judgment shall be entered [dissolving] approving the

956 dissolution of the municipality and, upon dissolution, the corporate powers of such
957 municipality shall cease, and the court shall cause notice to be given in a manner to be
958 prescribed by it, requiring all claims against the municipality to be filed in the court within a
959 time fixed in the notice, not exceeding six months, and all claims not so filed shall be forever
960 barred. At the expiration of the time so fixed the court shall adjudicate claims so filed, which
961 shall be treated as denied, and any citizen of the municipality at the time the vote was taken
962 may appear and defend against any claim so filed, or the court may in its discretion appoint
963 some person for that purpose.
964 Section 14. Section 10-2-711 is amended to read:
965 10-2-711. Dissolution by the county legislative body.
966 (1) (a) A municipality having fewer than 50 residents may be dissolved on application
967 to the district court by the county legislative body of the county where the municipality is
968 located.
969 (b) (i) The population figure under Subsection (1)(a) shall be derived from the most
970 recent official census or census estimate of the United States Bureau of the Census.
971 (ii) If the population figure is not available from the United States Bureau of the
972 Census, the population figure shall be derived from the estimate from the Utah Population
973 Estimates Committee.
974 (2) Notice of the application shall be served on the municipality in the manner
975 prescribed by law or by publication in the manner provided by law if the municipal authorities
976 cannot be served.
977 (3) The district court may enter an order approving the dissolution of the municipality
978 [dissolved] on a finding that the existence of the municipality serves no valid municipal
979 purpose, its existence is a sham, or on a clear and convincing showing that the best interests of
980 the community would be served by the dissolution.
981 (4) If the municipality is dissolved, the district court shall wind down the affairs and
982 dissolve the municipality as quickly as possible in the same manner as is provided in Sections
983 10-2-705 through 10-2-709 .
984 Section 15. Section 10-2-712 is amended to read:
985 10-2-712. Power of court -- Articles of dissolution -- Notice to lieutenant
986 governor.

987 (1) The district court may:
988 (a) enforce compliance with any order issued to give effect to this part by proceedings
989 for contempt; and
990 (b) appoint any person to assist it in carrying out the provisions of this part.
991 (2) (a) [The] Upon entering an order approving the dissolution of a municipality, the
992 district court shall file [articles of dissolution] with the lieutenant governor [on the dissolution
993 of the municipality.]:
994 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
995 that meets the requirements of Subsection 67-1a-6.5 (3); and
996 (ii) a certified copy of the court order approving the dissolution.
997 (b) Upon the lieutenant governor's [certification of the articles] issuance of a certificate
998 of dissolution[,] under Section 67-1a-6.5 :
999 (i) the municipality is dissolved [under Section 67-1a-6.5 .]; and
1000 (ii) the court shall:
1001 (A) if the dissolved municipality was located within the boundary of a single county,
1002 submit to the recorder of that county:
1003 (I) a certified copy of the court order approving dissolution of the municipality; and
1004 (II) the original certificate of dissolution; or
1005 (B) if the dissolved municipality was located within the boundaries of more than a
1006 single county:
1007 (I) submit to the recorder of one of those counties:
1008 (Aa) a certified copy of the court order approving dissolution of the municipality; and
1009 (Bb) the original certificate of dissolution; and
1010 (II) submit to the recorder of each other county:
1011 (Aa) a certified copy of the court order approving dissolution of the municipality; and
1012 (Bb) a certified copy of the certificate of dissolution.
1013 (3) (a) The effective date of a dissolution of a municipality for purposes of assessing
1014 property within the dissolved municipality is governed by Section 59-2-305.5 .
1015 (b) Until the documents listed in Subsection (2)(b)(ii) are recorded in the office of the
1016 recorder of each county in which the property is located, a county in which a dissolved
1017 municipality is located may not:

1018 (i) levy or collect a property tax on property within the former boundary of the
1019 dissolved municipality unless the county was levying and collecting the tax immediately before
1020 dissolution;
1021 (ii) levy or collect an assessment on property within the former boundary of the
1022 dissolved municipality unless the county was levying and collecting the assessment
1023 immediately before dissolution; or
1024 (iii) charge or collect a fee for service provided to property within the former boundary
1025 of the dissolved municipality unless the county was levying and collecting the fee immediately
1026 before dissolution.
1027 Section 16. Section 10-6-111 is amended to read:
1028 10-6-111. Tentative budget to be prepared -- Contents -- Estimate of expenditures
1029 -- Budget message -- Review by governing body.
1030 (1) (a) On or before the first regularly scheduled meeting of the governing body in the
1031 last May of the current period, the budget officer shall prepare for the ensuing fiscal period, on
1032 forms provided by the state auditor, and file with the governing body, a tentative budget for
1033 each fund for which a budget is required.
1034 (b) The tentative budget of each fund shall set forth in tabular form [the following]:
1035 [(a) Actual] (i) the actual revenues and expenditures in the last completed fiscal
1036 period[.];
1037 [(b) Budget] (ii) the budget estimates for the current fiscal period[.];
1038 [(c) Actual] (iii) the actual revenues and expenditures for a period of 6 to 21 months,
1039 as appropriate, of the current fiscal period[.];
1040 [(d) Estimated] (iv) the estimated total revenues and expenditures for the current fiscal
1041 period[.];
1042 [(e) The] (v) the budget officer's estimates of revenues and expenditures for the budget
1043 period, computed [in the following manner:] as provided in Subsection (1)(c); and
1044 [(i) The budget officer shall estimate, on the basis of demonstrated need, the
1045 expenditures for the budget period after a review of the budget requests and estimates of the
1046 department heads. Each department head shall be heard by the budget officer prior to making
1047 of the final estimates, but the officer may revise any department's estimate as the officer
1048 considers advisable for the purpose of presenting the budget to the governing body.]

1049 [(ii) The budget officer shall estimate the amount of revenue available to serve the
1050 needs of each fund, estimate the portion to be derived from all sources other than general
1051 property taxes, and estimate the portion that must be derived from general property taxes.
1052 From the latter estimate the officer shall compute and disclose in the budget the lowest rate of
1053 property tax levy that will raise the required amount of revenue, calculating the levy upon the
1054 latest taxable value.]
1055 [(f) If] (vi) if the governing body elects, the actual performance experience to the
1056 extent established by Section 10-6-154 and available in work units, unit costs, man hours, or
1057 man years for each budgeted fund on an actual basis for the last completed fiscal period, and
1058 estimated for the current fiscal period and for the ensuing budget period.
1059 (c) (i) In making estimates of revenues and expenditures under Subsection (1)(b)(v),
1060 the budget officer shall estimate:
1061 (A) on the basis of demonstrated need, the expenditures for the budget period, after:
1062 (I) hearing each department head; and
1063 (II) reviewing the budget requests and estimates of the department heads; and
1064 (B) (I) the amount of revenue available to serve the needs of each fund;
1065 (II) the portion of revenue to be derived from all sources other than general property
1066 taxes; and
1067 (III) the portion of revenue that must be derived from general property taxes.
1068 (ii) The budget officer may revise any department's estimate under Subsection
1069 (1)(c)(i)(A)(II) that the officer considers advisable for the purpose of presenting the budget to
1070 the governing body.
1071 (iii) From the estimate made under Subsection (1)(c)(i)(B)(III), the budget officer shall
1072 compute and disclose in the budget the lowest rate of property tax levy that will raise the
1073 required amount of revenue, calculating the levy upon the latest taxable value.
1074 (2) (a) Each tentative budget, when filed by the budget officer with the governing body,
1075 shall contain the estimates of expenditures submitted by department heads, together with
1076 specific work programs and such other supporting data as this chapter requires or the governing
1077 body may request. Each city of the first or second class shall, and a city of the third, fourth, or
1078 fifth class may, submit a supplementary estimate of all capital projects which each department
1079 head believes should be undertaken within the next three succeeding years.

1080 (b) Each tentative budget submitted by the budget officer to the governing body shall
1081 be accompanied by a budget message, which shall explain the budget, contain an outline of the
1082 proposed financial policies of the city for the budget period, and shall describe the important
1083 features of the budgetary plan. It shall set forth the reasons for salient changes from the
1084 previous fiscal period in appropriation and revenue items and shall explain any major changes
1085 in financial policy.
1086 (3) Each tentative budget shall be reviewed, considered, and tentatively adopted by the
1087 governing body in any regular meeting or special meeting called for the purpose and may be
1088 amended or revised in such manner as is considered advisable prior to public hearings, except
1089 that no appropriation required for debt retirement and interest or reduction of any existing
1090 deficits pursuant to Section 10-6-117 , or otherwise required by law or ordinance, may be
1091 reduced below the minimums so required.
1092 (4) (a) If the municipality is acting pursuant to Section 10-2-120 , the tentative budget
1093 shall:
1094 (i) be submitted to the governing body-elect as soon as practicable [after the filing of
1095 the notice under Section 10-2-120 indicating the proposed date for filing the articles of
1096 incorporation]; and
1097 (ii) cover each fund for which a budget is required from the date of incorporation to the
1098 end of the fiscal year.
1099 (b) The governing body shall substantially comply with all other provisions of this [act]
1100 chapter, and the budget shall be passed upon incorporation.
1101 Section 17. Section 11-13-203 is amended to read:
1102 11-13-203. Interlocal entities -- Agreement to create an interlocal entity -- Utah
1103 interlocal entity may become electric interlocal entity or energy services interlocal entity.
1104 (1) An interlocal entity is:
1105 (a) separate from the public agencies that create it;
1106 (b) a body politic and corporate; and
1107 (c) a political subdivision of the state.
1108 (2) Any two or more Utah public agencies may enter into an agreement to [create]
1109 approve the creation of a Utah interlocal entity to accomplish the purpose of their joint or
1110 cooperative action, including undertaking and financing a facility or improvement to provide

1111 the service contemplated by that agreement.
1112 (3) (a) A Utah public agency and one or more public agencies may enter into an
1113 agreement to [create] approve the creation of an electric interlocal entity to accomplish the
1114 purpose of their joint or cooperative action if that purpose is to participate in the undertaking or
1115 financing of:
1116 (i) facilities to provide additional project capacity;
1117 (ii) common facilities under Title 54, Chapter 9, Electric Power Facilities Act; or
1118 (iii) electric generation or transmission facilities.
1119 (b) By agreement with one or more public agencies that are not parties to the
1120 agreement creating it, a Utah interlocal entity may be reorganized as an electric interlocal entity
1121 if:
1122 (i) the public agencies that are parties to the agreement creating the Utah interlocal
1123 entity authorize, in the same manner required to amend the agreement creating the Utah
1124 interlocal entity, the Utah interlocal entity to be reorganized as an electric interlocal entity; and
1125 (ii) the purpose of the joint or cooperative action to be accomplished by the electric
1126 interlocal entity meets the requirements of Subsection (3)(a).
1127 (4) (a) Two or more Utah public agencies may enter into an agreement with one
1128 another or with one or more public agencies to [create] approve the creation of an energy
1129 services interlocal entity to accomplish the purposes of their joint and cooperative action with
1130 respect to facilities, services, and improvements necessary or desirable with respect to the
1131 acquisition, generation, transmission, management, and distribution of electric energy for the
1132 use and benefit of the public agencies that enter into the agreement.
1133 (b) (i) A Utah interlocal entity that was created to facilitate the transmission or supply
1134 of electric power may, by resolution adopted by its governing body, elect to become an energy
1135 services interlocal entity.
1136 (ii) Notwithstanding Subsection (4)(b)(i), a Utah interlocal entity that is also a project
1137 entity may not elect to become an energy services interlocal entity.
1138 (iii) An election under Subsection (4)(b)(i) does not alter, limit, or affect the validity or
1139 enforceability of a previously executed contract, agreement, bond, or other obligation of the
1140 Utah interlocal entity making the election.
1141 Section 18. Section 11-13-204 is amended to read:

1142 11-13-204. Powers and duties of interlocal entities -- Additional powers of energy
1143 services interlocal entities -- Length of term of agreement and interlocal entity -- Notice to
1144 lieutenant governor.
1145 (1) (a) An interlocal entity:
1146 (i) may:
1147 (A) adopt, amend, and repeal rules, bylaws, policies, and procedures for the regulation
1148 of its affairs and the conduct of its business;
1149 (B) sue and be sued;
1150 (C) have an official seal and alter that seal at will;
1151 (D) make and execute contracts and other instruments necessary or convenient for the
1152 performance of its duties and the exercise of its powers and functions;
1153 (E) acquire real or personal property, or an undivided, fractional, or other interest in
1154 real or personal property, necessary or convenient for the purposes contemplated in the
1155 agreement creating the interlocal entity and sell, lease, or otherwise dispose of that property;
1156 (F) directly or by contract with another:
1157 (I) own and acquire facilities and improvements or an undivided, fractional, or other
1158 interest in facilities and improvements;
1159 (II) construct, operate, maintain, and repair facilities and improvements; and
1160 (III) provide the services contemplated in the agreement creating the interlocal entity;
1161 (G) borrow money, incur indebtedness, and issue revenue bonds, notes, or other
1162 obligations and secure their payment by an assignment, pledge, or other conveyance of all or
1163 any part of the revenues and receipts from the facilities, improvements, or services that the
1164 interlocal entity provides;
1165 (H) offer, issue, and sell warrants, options, or other rights related to the bonds, notes, or
1166 other obligations issued by the interlocal entity; and
1167 (I) sell or contract for the sale of the services, output, product, or other benefits
1168 provided by the interlocal entity to:
1169 (I) public agencies inside or outside the state; and
1170 (II) with respect to any excess services, output, product, or benefits, any person on
1171 terms that the interlocal entity considers to be in the best interest of the public agencies that are
1172 parties to the agreement creating the interlocal entity; and

1173 (ii) may not levy, assess, or collect ad valorem property taxes.
1174 (b) An assignment, pledge, or other conveyance under Subsection (1)(a)(i)(G) may, to
1175 the extent provided by the documents under which the assignment, pledge, or other conveyance
1176 is made, rank prior in right to any other obligation except taxes or payments in lieu of taxes
1177 payable to the state or its political subdivisions.
1178 (2) An energy services interlocal entity:
1179 (a) except with respect to any ownership interest it has in facilities providing additional
1180 project capacity, is not subject to:
1181 (i) Part 3, Project Entity Provisions; or
1182 (ii) Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to
1183 Pay Corporate Franchise or Income Tax Act; and
1184 (b) may:
1185 (i) own, acquire, and, by itself or by contract with another, construct, operate, and
1186 maintain a facility or improvement for the generation, transmission, and transportation of
1187 electric energy or related fuel supplies;
1188 (ii) enter into a contract to obtain a supply of electric power and energy and ancillary
1189 services, transmission, and transportation services, and supplies of natural gas and fuels
1190 necessary for the operation of generation facilities;
1191 (iii) enter into a contract with public agencies, investor-owned or cooperative utilities,
1192 and others, whether located in or out of the state, for the sale of wholesale services provided by
1193 the energy services interlocal entity; and
1194 (iv) adopt and implement risk management policies and strategies and enter into
1195 transactions and agreements to manage the risks associated with the purchase and sale of
1196 energy, including forward purchase and sale contracts, hedging, tolling and swap agreements,
1197 and other instruments.
1198 (3) Notwithstanding Section 11-13-216 , an agreement creating an interlocal entity or
1199 an amendment to that agreement may provide that the agreement may continue and the
1200 interlocal entity may remain in existence until the latest to occur of:
1201 (a) 50 years after the date of the agreement or amendment;
1202 (b) five years after the interlocal entity has fully paid or otherwise discharged all of its
1203 indebtedness;

1204 (c) five years after the interlocal entity has abandoned, decommissioned, or conveyed
1205 or transferred all of its interest in its facilities and improvements; or
1206 (d) five years after the facilities and improvements of the interlocal entity are no longer
1207 useful in providing the service, output, product, or other benefit of the facilities and
1208 improvements, as determined under the agreement governing the sale of the service, output,
1209 product, or other benefit.
1210 (4) (a) The governing body of each party to the agreement to [create] approve the
1211 creation of an interlocal entity, including an electric interlocal entity and an energy services
1212 interlocal entity, under Section 11-13-203 shall[,]:
1213 (i) within 30 days [of] after the date of the agreement, jointly file [a written notice of
1214 the agreement] with the lieutenant governor[.]:
1215 [(b) Each written notice required under Subsection (4)(a) shall:]
1216 [(i) be accompanied by:]
1217 [(A) a copy of the agreement to create the interlocal entity; and]
1218 (A) a copy of a notice of an impending boundary action, as defined in Section
1219 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
1220 (B) if less than all of the territory of any Utah public agency that is a party to the
1221 agreement is included within the interlocal entity, a copy of an approved final local entity plat
1222 [that delineates a metes and bounds description of the area affected or a map of the area
1223 affected; and], as defined in Section 67-1a-6.5 ; and
1224 [(ii) contain a certification by the governing body that all necessary legal requirements
1225 relating to the creation have been completed.]
1226 (ii) upon the lieutenant governor's issuance of a certificate of creation under Section
1227 67-1a-6.5 :
1228 (A) if the interlocal entity is located within the boundary of a single county, submit to
1229 the recorder of that county:
1230 (I) the original:
1231 (Aa) notice of an impending boundary action;
1232 (Bb) certificate of creation; and
1233 (Cc) approved final local entity plat, if an approved final local entity plat was required
1234 to be filed with the lieutenant governor under Subsection (4)(a)(i)(B); and

1235 (II) a certified copy of the agreement approving the creation of the interlocal entity; or
1236 (B) if the interlocal entity is located within the boundaries of more than a single
1237 county:
1238 (I) submit to the recorder of one of those counties:
1239 (Aa) the original of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb), and
1240 (Cc); and
1241 (Bb) a certified copy of the agreement approving the creation of the interlocal entity;
1242 and
1243 (II) submit to the recorder of each other county:
1244 (Aa) a certified copy of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb),
1245 and (Cc); and
1246 (Bb) a certified copy of the agreement approving the creation of the interlocal entity.
1247 [(5)] (b) Upon the lieutenant governor's issuance of a certificate of creation under
1248 Section 67-1a-6.5 , the interlocal entity is created.
1249 (c) Until the documents listed in Subsection (4)(a)(ii) are recorded in the office of the
1250 recorder of each county in which the property is located, a newly created interlocal entity may
1251 not charge or collect a fee for service provided to property within the interlocal entity.
1252 [(6)] (5) Nothing in this section may be construed as expanding the rights of any
1253 municipality or interlocal entity to sell or provide retail service.
1254 Section 19. Section 11-13-205 is amended to read:
1255 11-13-205. Agreement by public agencies to create a new entity to own sewage
1256 and wastewater facilities -- Powers and duties of new entities -- Validation of previously
1257 created entities -- Notice to lieutenant governor.
1258 (1) It is declared that the policy of the state is to assure the health, safety, and welfare
1259 of its citizens, that adequate sewage and wastewater treatment plants and facilities are essential
1260 to the well-being of the citizens of the state and that the acquisition of adequate sewage and
1261 wastewater treatment plants and facilities on a regional basis in accordance with federal law
1262 and state and federal water quality standards and effluent standards in order to provide services
1263 to public agencies is a matter of statewide concern and is in the public interest. It is found and
1264 declared that there is a statewide need to provide for regional sewage and wastewater treatment
1265 plants and facilities, and as a matter of express legislative determination it is declared that the

1266 compelling need of the state for construction of regional sewage and wastewater treatment
1267 plants and facilities requires the creation of entities under the Interlocal Cooperation Act to
1268 own, construct, operate, and finance sewage and wastewater treatment plants and facilities; and
1269 it is the purpose of this law to provide for the accomplishment thereof in the manner provided
1270 in this section.
1271 (2) Any two or more public agencies of the state may also agree to [create] approve the
1272 creation of a separate legal or administrative entity to accomplish and undertake the purpose of
1273 owning, acquiring, constructing, financing, operating, maintaining, and repairing regional
1274 sewage and wastewater treatment plants and facilities.
1275 (3) A separate legal or administrative entity created [in the manner provided herein]
1276 under this section is considered to be a political subdivision and body politic and corporate of
1277 the state with power to carry out and effectuate its corporate powers, including[, but not limited
1278 to,] the power:
1279 (a) to adopt, amend, and repeal rules, bylaws, and regulations, policies, and procedures
1280 for the regulation of its affairs and the conduct of its business, to sue and be sued in its own
1281 name, to have an official seal and power to alter that seal at will, and to make and execute
1282 contracts and all other instruments necessary or convenient for the performance of its duties
1283 and the exercise of its powers and functions under the Interlocal Cooperation Act;
1284 (b) to own, acquire, construct, operate, maintain, repair, or cause to be constructed,
1285 operated, maintained, and repaired one or more regional sewage and wastewater treatment
1286 plants and facilities, all as shall be set forth in the agreement providing for its creation;
1287 (c) to borrow money, incur indebtedness and issue revenue bonds, notes or other
1288 obligations payable solely from the revenues and receipts derived from all or a portion of the
1289 regional sewage and wastewater treatment plants and facilities which it owns, operates, and
1290 maintains, such bonds, notes, or other obligations to be issued and sold in compliance with the
1291 provisions of Title 11, Chapter 14, Local Government Bonding Act;
1292 (d) to enter into agreements with public agencies and other parties and entities to
1293 provide sewage and wastewater treatment services on such terms and conditions as it considers
1294 to be in the best interests of its participants; and
1295 (e) to acquire by purchase or by exercise of the power of eminent domain, any real or
1296 personal property in connection with the acquisition and construction of any sewage and

1297 wastewater treatment plant and all related facilities and rights-of-way which it owns, operates,
1298 and maintains.
1299 (4) The provisions of Part 3, Project Entity Provisions, do not apply to a legal or
1300 administrative entity created for regional sewage and wastewater treatment purposes under this
1301 section.
1302 (5) All proceedings previously had in connection with the creation of any legal or
1303 administrative entity pursuant to this chapter, and all proceedings previously had by any such
1304 entity for the authorization and issuance of bonds of the entity are validated, ratified, and
1305 confirmed; and these entities are declared to be validly created interlocal cooperation entities
1306 under this chapter. These bonds, whether previously or subsequently issued pursuant to these
1307 proceedings, are validated, ratified, and confirmed and declared to constitute, if previously
1308 issued, or when issued, the valid and legally binding obligations of the entity in accordance
1309 with their terms. Nothing in this section shall be construed to affect or validate any bonds, or
1310 the organization of any entity, the legality of which is being contested at the time this act takes
1311 effect.
1312 (6) (a) The governing body of each party to the agreement to [create] approve the
1313 creation of an entity under this section shall[,]:
1314 (i) within 30 days [of] after the date of the agreement, jointly file [a written notice of
1315 the agreement] with the lieutenant governor[.]:
1316 [(b) Each written notice required under Subsection (6)(a) shall:]
1317 [(i) be accompanied by:]
1318 [(A) a copy of the agreement to create the entity; and]
1319 [(B) a map or plat that delineates a metes and bounds description of the area affected;
1320 and]
1321 [(ii) contain a certification by the governing body that all necessary legal requirements
1322 relating to the creation have been completed.]
1323 (A) a copy of a notice of an impending boundary action, as defined in Section
1324 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
1325 (B) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
1326 (ii) upon the lieutenant governor's issuance of a certificate of creation under Section
1327 67-1a-6.5 :

1328 (A) if the entity is located within the boundary of a single county, submit to the
1329 recorder of that county:
1330 (I) the original:
1331 (Aa) notice of an impending boundary action;
1332 (Bb) certificate of creation; and
1333 (Cc) approved final local entity plat; and
1334 (II) a certified copy of the agreement approving the creation of the entity; or
1335 (B) if the entity is located within the boundaries of more than a single county:
1336 (I) submit to the recorder of one of those counties:
1337 (Aa) the original of the documents listed in Subsections (6)(a)(ii)(A)(I)(Aa), (Bb), and
1338 (Cc); and
1339 (Bb) a certified copy of the agreement approving the creation of the entity; and
1340 (II) submit to the recorder of each other county:
1341 (Aa) a certified copy of the documents listed in Subsections (6)(a)(ii)(A)(I)(Aa), (Bb),
1342 and (Cc); and
1343 (Bb) a certified copy of the agreement approving the creation of the entity.
1344 [(7)] (b) Upon the lieutenant governor's issuance of a certificate of entity creation under
1345 Section 67-1a-6.5 , the entity is created.
1346 (c) Until the documents listed in Subsection (6)(a)(ii) are recorded in the office of the
1347 recorder of each county in which the property is located, a newly created entity under this
1348 section may not charge or collect a fee for service provided to property within the entity.
1349 Section 20. Section 17-2-101 is enacted to read:
1350 CHAPTER 2. COUNTY CONSOLIDATIONS AND ANNEXATIONS
1351 Part 1. Consolidation of Counties
1352 17-2-101. Title.
1353 (1) This chapter is known as "County Consolidations and Annexations."
1354 (2) This part is known as "Consolidation of Counties."
1355 Section 21. Section 17-2-102 is enacted to read:
1356 17-2-102. Definitions.
1357 As used in this part:
1358 (1) "Consolidating county" means the county to which another county is joined or is

1359 proposed to be joined by consolidation under this part.
1360 (2) "Originating county" means the county that is joined or proposed to be joined to
1361 another county by consolidation under this part.
1362 Section 22. Section 17-2-103 , which is renumbered from Section 17-2-1 is renumbered
1363 and amended to read:
1364 [17-2-1]. 17-2-103. County to county -- Petition -- Election -- Ballots.
1365 [Whenever] (1) If a majority of the legal voters of any county desire to have the
1366 [territory included within the boundaries of such] county [annexed to] joined to and
1367 consolidated with an adjoining county, they may petition the county legislative body of the
1368 county in which they reside[, which is hereafter referred to as the county to be annexed, as well
1369 as] and the county legislative body of the adjoining county [to which they desire to be annexed,
1370 which shall hereafter be referred to as the annexing county. Such petition must].
1371 (2) Each petition under Subsection (1) shall be presented before the first Monday in
1372 June of any year[, and, if].
1373 (3) (a) If a petition under Subsection (1) is presented in a year during which a regular
1374 general election is held, the county legislative body [must cause said] of the originating county
1375 and the county legislative body of the consolidating county shall cause the proposition to be
1376 submitted to the legal voters of [each of said counties] their respective counties at the [ensuing]
1377 next regular general election[. If the petition].
1378 (b) If a petition under Subsection (1) is presented during a year in which there is no
1379 regular general election, the county legislative body [must] of the originating county and the
1380 county legislative body of the consolidating county shall:
1381 (i) call a special election to be held on the first Tuesday after the first Monday in
1382 November following the presentation of [such] the petition[,]; and [must]
1383 (ii) cause the proposition to be submitted to the legal voters of the respective counties
1384 on that day.
1385 (c) Except as otherwise provided[, such election] in this part, an election under this
1386 Subsection (3) shall be held, the results canvassed, and returns made under the provisions of
1387 the general election laws of the state.
1388 (d) The ballot to be used at an election under this Subsection (3) shall be:
1389 For [annexing] combining ____ county [to] with ____ county.

1390 Against [annexing] combining ____ county [to] with ____ county.
1391 Section 23. Section 17-2-104 , which is renumbered from Section 17-2-3 is renumbered
1392 and amended to read:
1393 [17-2-3]. 17-2-104. Certification of election result to governor.
1394 [The certified abstract of such returns must be filed in the office of the lieutenant
1395 governor, and, if]
1396 If it appears [therefrom] from the certified report that the lieutenant governor receives
1397 under Section 20A-4-304 that a majority of the voters in each of the counties have voted in
1398 favor of [such annexation] consolidation, the lieutenant governor [must] shall certify the result
1399 of [such] the vote to the governor.
1400 Section 24. Section 17-2-105 , which is renumbered from Section 17-2-4 is renumbered
1401 and amended to read:
1402 [17-2-4]. 17-2-105. Governor's proclamation -- Notice to lieutenant governor
1403 -- Effective date.
1404 (1) Upon receipt of the election result from the lieutenant governor under Section
1405 [ 17-2-3 ] 17-2-104 , the governor shall issue a proclamation, stating the result of the vote in each
1406 of the counties, and that the [annexation] consolidation of the one county [to] with the other
1407 will take effect as provided in Subsection (3).
1408 (2) [(a) Within 30 days after the issuance of the governor's proclamation under
1409 Subsection (1), the] The legislative body of the [annexing] consolidating county shall:
1410 (a) within 30 days after the issuance of the governor's proclamation under Subsection
1411 (1), send [a notice] to the lieutenant governor[.]:
1412 [(b) Each notice under Subsection (2)(a) shall include:]
1413 [(i) a copy of the governor's proclamation;]
1414 [(ii) a certification that all necessary legal requirements relating to the annexation have
1415 been completed; and]
1416 [(iii) a map or plat that delineates an accurate metes and bounds description of the
1417 annexing county following annexation.]
1418 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
1419 that meets the requirements of Subsection 67-1a-6.5 (3); and
1420 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and

1421 (b) upon the lieutenant governor's issuance of a certificate of consolidation under
1422 Section 67-1a-6.5 , submit to the recorder of the consolidating county:
1423 (i) the original notice of an impending boundary action;
1424 (ii) the original certificate of consolidation;
1425 (iii) the original approved final local entity plat; and
1426 (iv) a certified copy of the governor's proclamation under Subsection (1).
1427 (3) [An annexation] (a) A consolidation of counties approved at an election under
1428 Section [ 17-2-1 ] 17-2-103 takes effect on January 1 of the year immediately following the
1429 lieutenant governor's issuance of [the: (a) governor's proclamation; and (b)] a certificate of
1430 consolidation [by the lieutenant governor] under Section 67-1a-6.5 .
1431 (b) (i) The effective date of a consolidation of counties for purposes of assessing
1432 property within the consolidating county is governed by Section 59-2-305.5 .
1433 (ii) Until the documents listed in Subsection (2)(b) are recorded in the office of the
1434 recorder of the county in which the property is located, a consolidating county may not:
1435 (A) levy or collect a property tax on property in the consolidating county that used to
1436 be in the originating county;
1437 (B) levy or collect an assessment on property in the consolidating county that used to
1438 be in the originating county; or
1439 (C) charge or collect a fee for service provided to property within the consolidating
1440 county that used to be in the originating county.
1441 Section 25. Section 17-2-106 , which is renumbered from Section 17-2-5 is renumbered
1442 and amended to read:
1443 [17-2-5]. 17-2-106. Conditions of consolidation.
1444 [Whenever a majority of the legal voters of each of the counties to which the
1445 proposition is submitted vote in favor of annexing one county to another in the manner
1446 provided in this chapter such annexation shall be made under the following conditions:]
1447 [(1) Such annexation shall be complete and take effect on the first Monday of January
1448 following the day of the election at which such proposition was submitted.]
1449 [(2)] (1) All territory [theretofore] included within the boundaries of the originating
1450 county [annexed shall become] becomes, upon consolidation, the territory of the [annexing]
1451 consolidating county.

1452 [(3)] (2) The precincts and school districts existing in the originating county [annexed
1453 shall] continue and become precincts and school districts in the [annexing] consolidating
1454 county and [shall] remain as then organized until changed in the manner provided by law, and
1455 the officers of [such] those precincts and school districts [shall] hold their respective offices
1456 until the expiration of the applicable terms [thereof].
1457 [(4) All] (3) The ownership of all property, both real and personal, held and owned by
1458 the originating county [annexed shall be] at the time of consolidation is vested in the
1459 [annexing] consolidating county.
1460 [(5)] (4) The terms of all county officers in the originating county [annexed shall]
1461 terminate and cease on the day the [annexation] consolidation takes effect, and [it is made the
1462 duty of such] those officers [to] shall immediately deliver to the corresponding officers of the
1463 [annexing] consolidating county all books, records, and papers of the [annexed] originating
1464 county.
1465 [(6)] (5) Any person who is confined under lawful commitment in the county jail of the
1466 originating county [annexed], or otherwise lawfully held to answer for alleged violation of any
1467 of the criminal laws of this state, shall be immediately delivered to the sheriff of the [annexing]
1468 consolidating county, and such person shall be confined in its county jail for the unexpired
1469 term of the sentence or held as specified in the commitment.
1470 [(7)] (6) (a) All criminal proceedings pending in the originating county [annexed] shall
1471 be prosecuted to judgment and execution in the [annexing] consolidating county[; all].
1472 (b) All offenses [theretofore] committed in the originating county [annexed which shall
1473 not have] before consolidation that have not been prosecuted shall be prosecuted in the
1474 [annexing] consolidating county.
1475 [(8)] (7) All actions, proceedings, and matters pending in the district court of the
1476 originating county [annexed] may be proceeded with in the district court of the [annexing]
1477 consolidating county.
1478 [(9)] (8) All indebtedness of the originating county [annexed shall be] are transferred to
1479 and become the indebtedness of the [annexing] consolidating county with the same effect as if
1480 it had been incurred by [such] the consolidating county.
1481 Section 26. Section 17-2-201 is enacted to read:
1482 Part 2. County Annexation

1483 17-2-201. Title.
1484 This part is known as "County Annexation."
1485 Section 27. Section 17-2-202 is enacted to read:
1486 17-2-202. Definitions.
1487 As used in this part:
1488 (1) "Annexing county" means the county to which a portion of an adjoining county is
1489 annexed or proposed to be annexed as provided in this part.
1490 (2) "Initiating county" means the county, from which a portion is annexed or proposed
1491 to be annexed to an adjoining county.
1492 Section 28. Section 17-2-203 , which is renumbered from Section 17-2-6 is renumbered
1493 and amended to read:
1494 [17-2-6]. 17-2-203. Annexation of portion of county to adjoining county --
1495 Petition -- Election -- Ballots.
1496 (1) (a) Except as provided in Section [ 17-2-13 , whenever] 17-2-209 , if a majority of
1497 the legal voters of any portion of any county, in number equal to a majority of the votes cast at
1498 the preceding general election within that portion of the county, desire to have the territory
1499 within which they reside included within the boundaries of an adjoining county, they may
1500 petition the county legislative body of the county in which they reside[, which is hereafter
1501 referred to as the county from which territory is to be taken, as well as] and the county
1502 legislative body of the adjoining county [to which they desire to be annexed, which is referred
1503 to as the annexing county].
1504 (b) [Such] Each petition [must] under Subsection (1)(a) shall be presented before the
1505 first Monday in June of a year during which a general election is held[, and the county].
1506 (c) If a petition is presented under Subsection (1)(a), at the ensuing regular general
1507 election:
1508 (i) the legislative body [must] of the initiating county shall cause [such] the proposition
1509 to be submitted to the legal voters residing in the initiating county [from which territory is to be
1510 taken as well as]; and
1511 (ii) the legislative body of the annexing county shall cause the proposition to be
1512 submitted to the legal voters of the annexing county [at the ensuing general election].
1513 (2) (a) Except as otherwise provided, the election provided in Subsection (1) shall be

1514 held, the results canvassed, and returns made under the provisions of the general election laws
1515 of the state.
1516 (b) The ballot to be used shall be:
1517 For annexing a portion of ____ county to ____ county.
1518 Against annexing a portion of ____ county to ____ county.
1519 Section 29. Section 17-2-204 , which is renumbered from Section 17-2-8 is renumbered
1520 and amended to read:
1521 [17-2-8]. 17-2-204. Certification of election result to governor.
1522 [(1) The certified abstract under Section 17-2-7 shall be filed in the office of the
1523 lieutenant governor.]
1524 [(2)] In an election held under Subsection [ 17-2-6 (1)] 17-2-203 (1), if it appears from
1525 the certified [abstracts] report that the lieutenant governor receives under Section 20A-4-304
1526 that a majority [in each county] of those voting in each county have voted in favor of [such] the
1527 annexation, the lieutenant governor shall certify the result of [such] the vote to the governor.
1528 Section 30. Section 17-2-205 , which is renumbered from Section 17-2-9 is renumbered
1529 and amended to read:
1530 [17-2-9]. 17-2-205. Governor's proclamation -- Notice to lieutenant governor
1531 -- When annexation effective.
1532 (1) Upon receipt of the lieutenant governor's certification under Section [ 17-2-8 ]
1533 17-2-204 , the governor shall issue a proclamation, stating the result of the vote in each county,
1534 and that the annexation of the territory to the annexing county will take effect as provided in
1535 Subsection (3).
1536 (2) [(a) Within 30 days after the issuance of the governor's proclamation under
1537 Subsection (1), the] The legislative body of the annexing county shall:
1538 (a) within 30 days after the issuance of the governor's proclamation under Subsection
1539 (1), send [a notice] to the lieutenant governor[.]:
1540 [(b) Each notice under Subsection (2)(a) shall include:]
1541 [(i) a copy of the governor's proclamation;]
1542 [(ii) a certification that all necessary legal requirements relating to the annexation have
1543 been completed; and]
1544 [(iii) a map or plat that delineates an accurate metes and bounds description of the area

1545 that was annexed.]
1546 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
1547 that meets the requirements of Subsection 67-1a-6.5 (3); and
1548 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
1549 (b) upon the lieutenant governor's issuance of a certificate of annexation under Section
1550 67-1a-6.5 , submit to the recorder of the annexing county:
1551 (i) the original notice of an impending boundary action;
1552 (ii) the original certificate of consolidation;
1553 (iii) the original approved final local entity plat; and
1554 (iv) a certified copy of the governor's proclamation under Subsection (1).
1555 (3) (a) An annexation approved at an election under Section [ 17-2-6 ] 17-2-203 takes
1556 effect on January 1 of the year immediately following [issuance of the: (a) governor's
1557 proclamation; and (b)] the lieutenant governor's issuance of a certificate of [boundary change
1558 by the lieutenant governor] annexation under Section 67-1a-6.5 .
1559 (b) (i) The effective date of a county annexation for purposes of assessing property
1560 within the annexing county is governed by Section 59-2-305.5 .
1561 (ii) Until the documents listed in Subsection (2)(b) are recorded in the office of the
1562 recorder of the county in which the property is located, an annexing county may not:
1563 (A) levy or collect a property tax on property in the annexing county that used to be in
1564 the initiating county;
1565 (B) levy or collect an assessment on property in the annexing county that used to be in
1566 the initiating county; or
1567 (C) charge or collect a fee for service provided to property within the annexing county
1568 that used to be in the initiating county.
1569 Section 31. Section 17-2-206 , which is renumbered from Section 17-2-10 is
1570 renumbered and amended to read:
1571 [17-2-10]. 17-2-206. Territory becomes part of annexing county -- Division of
1572 revenues.
1573 (1) Upon the effective date of the annexation, all the area proposed to be annexed shall
1574 become part of the annexing county.
1575 (2) (a) The legislative body of the initiating county [in which the area proposed to be

1576 annexed is located before annexation] shall:
1577 (i) until the date of annexation, continue:
1578 (A) to levy and collect ad valorem property tax and other revenues from or pertaining
1579 to the area; and
1580 (B) except as otherwise agreed with the annexing county, to provide the same services
1581 to the area proposed to be annexed as the initiating county provided before the commencement
1582 of the annexation proceedings; and
1583 (ii) after annexation, share pro rata with the annexing county the taxes and service
1584 charges or fees levied and collected by the initiating county during the year of the annexation if
1585 and to the extent that the annexing county provides, by itself or by contract, the same services
1586 for which the initiating county levied and collected the taxes and service charges or fees.
1587 (b) The pro rata allocation of taxes under Subsection (2)(a)(ii) shall be based on the
1588 date of annexation, and the pro rata allocation of service charges and fees shall be based on the
1589 proportion of services related to the service charges and fees that remain to be rendered after
1590 annexation.
1591 Section 32. Section 17-2-207 , which is renumbered from Section 17-2-11 is
1592 renumbered and amended to read:
1593 [17-2-11]. 17-2-207. Effect on precincts and school districts -- Assumption of
1594 indebtedness.
1595 (1) The precincts and school districts in the annexed territory [shall]:
1596 (a) continue[, and shall];
1597 (b) become precincts and school districts in the annexing county; and [shall]
1598 (c) remain as then organized until changed in the manner provided by law[, and the].
1599 (2) The officers of [such] those precincts and school districts [shall] hold their
1600 respective offices until the expiration of [the] their terms [thereof; provided, that whenever
1601 pursuant to the provisions of this chapter any].
1602 (3) If a precinct or school district [shall be] is divided [the same shall become] because
1603 of a county annexation under this part:
1604 (a) the precinct or school district is disorganized, and the property and territory
1605 embraced [therein shall be] in the precinct or school district is subject to the action of the
1606 county legislative body of the respective counties[; provided further, that]; and

1607 (b) any bonded or other indebtedness of [any such] a school district [shall attach]
1608 attaches to[,] and [become] becomes the obligation of[,] the district that [shall be] is created
1609 out of the territory that [shall retain] retains the buildings and other property of the original
1610 district.
1611 Section 33. Section 17-2-208 , which is renumbered from Section 17-2-12 is
1612 renumbered and amended to read:
1613 [17-2-12]. 17-2-208. Pending criminal proceedings.
1614 All criminal proceedings and actions [which shall be] pending in the annexed territory
1615 at the time of annexation shall be prosecuted to judgment and execution in [such] the annexed
1616 territory as part of the annexing county. All offenses [theretofore] committed in the annexed
1617 territory [which shall not] before annexation that have not been prosecuted may be prosecuted
1618 to judgment and execution in [such] the annexed territory or any part of the annexing county.
1619 Section 34. Section 17-2-209 , which is renumbered from Section 17-2-13 is
1620 renumbered and amended to read:
1621 [17-2-13]. 17-2-209. Minor adjustments to county boundaries authorized --
1622 Public hearing -- Joint resolution of county legislative bodies -- Notice to lieutenant
1623 governor.
1624 (1) Counties sharing a common boundary may, in accordance with the provisions of
1625 Subsection (2) and Article XI, Section 3, of the Utah Constitution, adjust all or part of the
1626 common boundary to move it up to 1,000 feet from its location before the adjustment.
1627 (2) The legislative bodies of both counties desiring to adjust a common boundary in
1628 accordance with Subsection (1) shall:
1629 (a) hold a joint public hearing on the proposed boundary adjustment;
1630 (b) in addition to the regular notice required for public meetings of the county
1631 legislative bodies, mail written notice to all real property owners of record whose property may
1632 change counties as the result of the proposed adjustment; and
1633 (c) adopt a joint resolution approved by both county legislative bodies [which: (i)
1634 approves] approving the proposed boundary adjustment[;].
1635 [(ii) sets forth the legal description of the county boundary after the adjustment; and]
1636 [(iii) provides an effective date for the boundary adjustment.]
1637 [(3) (a) Within 15 days after the adoption of a joint resolution under Subsection (2)(c)

1638 by both counties, the legislative bodies shall]
1639 (3) The legislative bodies of both counties adopting a joint resolution under Subsection
1640 (2)(c) shall:
1641 (a) within 15 days after adopting the joint resolution, jointly send [a notice] to the
1642 lieutenant governor[.]:
1643 [(b) Each notice under Subsection (3)(a) shall include:]
1644 [(i) a copy of the joint resolution under Subsection (2)(c);]
1645 [(ii) a certification that all necessary legal requirements relating to the boundary
1646 adjustment have been completed; and]
1647 [(iii) a map or plat, verified by the county surveyor, and filed with the county surveyor
1648 in accordance with Section 17-23-17 , that delineates an accurate metes and bounds description
1649 of the boundary adjustment.]
1650 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
1651 that meets the requirements of Subsection 67-1a-6.5 (3); and
1652 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
1653 (b) upon the lieutenant governor's issuance of a certificate of boundary adjustment
1654 under Section 67-1a-6.5 , jointly submit to the recorder of the county in which the property is
1655 located after the boundary adjustment:
1656 (i) the original notice of an impending boundary action;
1657 (ii) the original certificate of boundary adjustment;
1658 (iii) the original approved final local entity plat; and
1659 (iv) a certified copy of the joint resolution approving the boundary adjustment.
1660 (4) (a) As used in this Subsection (4):
1661 (i) "Affected area" means an area that, as a result of a boundary adjustment under this
1662 section, is moved from within the boundary of one county to within the boundary of another
1663 county.
1664 (ii) "Receiving county" means a county whose boundary includes an affected area as a
1665 result of a boundary adjustment under this section.
1666 (b) A boundary adjustment under this section takes effect on the date the lieutenant
1667 governor issues a certificate of boundary adjustment under Section 67-1a-6.5 .
1668 (c) (i) The effective date of a boundary adjustment for purposes of assessing property

1669 within an affected area is governed by Section 59-2-305.5 .
1670 (ii) Until the documents listed in Subsection (3)(b) are recorded in the office of the
1671 recorder of the county in which the property is located, a receiving county may not:
1672 (A) levy or collect a property tax on property within an affected area;
1673 (B) levy or collect an assessment on property within an affected area; or
1674 (C) charge or collect a fee for service provided to property within an affected area.
1675 [(4)] (5) Upon the effective date of [the joint resolution under Subsection (2)(c) or the
1676 date the lieutenant governor issues the certificate of] a boundary [change] adjustment under
1677 [Section 67-1a-6.5 , whichever date is later,] this section:
1678 (a) all territory designated to be [annexed] adjusted into another county [shall become]
1679 becomes the territory of the [annexing] other county; and
1680 (b) the provisions of Sections [ 17-2-11 and 17-2-12 shall] 17-2-207 and 17-2-208
1681 apply in the same manner as with [any other annexations] an annexation under this [chapter]
1682 part.
1683 Section 35. Section 17-3-3 is amended to read:
1684 17-3-3. Certification of returns -- Governor's proclamation of creation of new
1685 county -- Name -- Judicial district -- Notice to lieutenant governor.
1686 [(1) The certified abstract of returns under Section 17-3-2 shall be filed in the office of
1687 the lieutenant governor, who shall certify the result to the governor.]
1688 [(2)] (1) If it appears that any proposition submitted to the electors as provided in this
1689 chapter has been carried in the affirmative by a majority vote of the qualified electors residing
1690 in that portion of the county proposed as a new county, and also by a majority vote of the
1691 qualified electors residing in the remaining portion of that county[,]:
1692 (a) the lieutenant governor, upon receiving the certified report under Section
1693 20A-4-304 , shall certify the result to the governor; and
1694 (b) upon receiving the results from the lieutenant governor under Subsection (1)(a), the
1695 governor shall issue a proclamation, stating:
1696 [(a)] (i) the result of the vote in each division of the county;
1697 [(b)] (ii) the name and boundaries of the new county;
1698 [(c)] (iii) the boundaries of the original county as changed by the creation of the new
1699 county;

1700 [(d)] (iv) that the creation of the new county will take effect on the first Monday in
1701 January following the lieutenant governor's issuance of a certificate of creation under Section
1702 67-1a-6.5 ;
1703 [(e)] (v) the name proposed in the petition as the name of the new county; and
1704 [(f)] (vi) the judicial district to which the new county belongs.
1705 [(3) (a) Within 30 days after the issuance of the governor's proclamation under
1706 Subsection (2), the]
1707 (2) The legislative body of the county from which the greatest portion of the new
1708 county was taken shall:
1709 (a) within 30 days after the issuance of the governor's proclamation under Subsection
1710 (1), send [a notice] to the lieutenant governor[.]:
1711 [(b) Each notice under Subsection (3)(a) shall include:]
1712 [(i) a copy of the governor's proclamation;]
1713 [(ii) a certification that all necessary legal requirements relating to the creation of the
1714 new county have been completed; and]
1715 [(iii) a map or plat that delineates an accurate metes and bounds description of the new
1716 county.]
1717 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
1718 that meets the requirements of Subsection 67-1a-6.5 (3); and
1719 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
1720 (b) upon the lieutenant governor's issuance of a certificate of creation under Section
1721 67-1a-6.5 , submit to the recorder of the new county:
1722 (i) the original notice of an impending boundary action;
1723 (ii) the original certificate of creation;
1724 (iii) the original approved final local entity plat; and
1725 (iv) a certified copy of the governor's proclamation under Subsection (1).
1726 [(4)] (3) (a) The new county that is the subject of the [governor's proclamation under
1727 Subsection (2) shall be] lieutenant governor's certificate of creation under Section 67-1a-6.5 is
1728 a county of the state from and after 12 noon of the first Monday in January following the
1729 issuance of the [governor's proclamation.] lieutenant governor's certificate of creation.
1730 (b) (i) The effective date of the creation of a new county for purposes of assessing

1731 property within the county is governed by Section 59-2-305.5 .
1732 (ii) Until the documents listed in Subsection (3)(b) are recorded in the office of the
1733 recorder of the new county, the new county may not:
1734 (A) levy or collect a property tax on property in the county;
1735 (B) levy or collect an assessment on property in the county; or
1736 (C) charge or collect a fee for service provided to property within the county.
1737 Section 36. Section 17-21-20 is amended to read:
1738 17-21-20. Recording required -- Recorder may impose requirements on
1739 documents to be recorded -- Prerequisites -- Additional fee for noncomplying documents
1740 -- Recorder may require tax serial number -- Exceptions.
1741 (1) Subject to Subsections (2), (3), and (4), each paper, notice, and instrument required
1742 by law to be filed in the office of the county recorder shall be recorded unless otherwise
1743 provided.
1744 (2) Each document executed on or after July 1, 2007 that is submitted for recording to
1745 a county recorder's office shall:
1746 (a) unless otherwise provided by law, be an original or certified copy of the document;
1747 (b) be in English or be accompanied by an accurate English translation of the
1748 document;
1749 (c) contain a brief title, heading, or caption on the first page stating the nature of the
1750 document;
1751 (d) contain the legal description of the property that is the subject of the document;
1752 (e) comply with the requirements of Section 17-21-25 and Subsections 57-3-105 (1)
1753 and (2);
1754 (f) be notarized with the notary stamp with the seal legible; and
1755 (g) have original signatures.
1756 (3) (a) Beginning September 1, 2007, a county recorder may require that each paper,
1757 notice, and instrument submitted for recording in the county recorder's office:
1758 (i) be on white paper that is 8-1/2 inches by 11 inches in size;
1759 (ii) have a margin of one inch on the left and right sides and at the bottom of each
1760 page;
1761 (iii) have a space of 2-1/2 inches down and 4-1/2 inches across the upper right corner

1762 of the first page and a margin of one inch at the top of each succeeding page;
1763 (iv) not be on sheets of paper that are continuously bound together at the side, top, or
1764 bottom;
1765 (v) not contain printed material on more than one side of each page;
1766 (vi) be printed in black ink and not have text smaller than seven lines of text per
1767 vertical inch; and
1768 (vii) be sufficiently legible to make certified copies.
1769 (b) A county recorder who intends to establish requirements under Subsection (3)(a)
1770 shall first:
1771 (i) provide formal notice of the requirements; and
1772 (ii) establish and publish an effective date for the requirements that is at least three
1773 months after the formal notice under Subsection (3)(b)(i).
1774 (c) If a county recorder establishes requirements under this Subsection (3), the county
1775 recorder may charge and collect from persons who submit a document for recording that does
1776 not comply with the requirements, in addition to any other fee that the county recorder is
1777 authorized to charge and collect, a fee that:
1778 (i) is calculated to recover the additional cost of handling and recording noncomplying
1779 documents; and
1780 (ii) may not exceed $2 per page.
1781 (4) (a) To facilitate the abstracting of an instrument, a county recorder may require that
1782 the applicable tax serial number of each parcel affected by the instrument appear on each
1783 instrument before it may be accepted for recording.
1784 (b) If a county recorder requires the applicable tax serial number to be on an instrument
1785 before it may be recorded:
1786 (i) the county recorder shall post a notice of that requirement in a conspicuous place at
1787 the recorder's office;
1788 (ii) the tax serial number may not be considered to be part of the legal description and
1789 may be indicated on the margin of the instrument; and
1790 (iii) an error in the tax serial number does not affect the validity of the instrument or
1791 effectiveness of the recording.
1792 (5) Subsections (2), (3), and (4) do not apply to:

1793 (a) a map;
1794 (b) a certificate or affidavit of death;
1795 (c) a military discharge;
1796 (d) a document regarding taxes that is issued by the Internal Revenue Service of the
1797 United States Department of the Treasury;
1798 (e) a document submitted for recording that has been filed with a court and conforms to
1799 the formatting requirements established by the court; or
1800 (f) a document submitted for recording that is in a form required by law.
1801 (6) (a) As used in this Subsection (6):
1802 (i) "Boundary action" has the same meaning as defined in Section 17-23-20 .
1803 (ii) "Local entity" has the same meaning as defined in Section 67-1a-6.5 .
1804 (b) A person may not submit to a county recorder for recording a plat depicting the
1805 boundary of a local entity as the boundary exists as a result of a boundary action, unless:
1806 (i) the plat has been H. [ certified ] approved .H under Section 17-23-20 by the county
1806a surveyor as a final
1807 local entity plat, as defined in Section 17-23-20 ; and
1808 (ii) the person also submits for recording:
1809 (A) the original notice of an impending boundary action, as defined in Section
1810 67-1a-6.5 , for the boundary action for which the plat is submitted for recording; and
1811 (B) the original applicable certificate, as defined in Section 67-1a-6.5 , issued by the
1812 lieutenant governor under Section 67-1a-6.5 for the boundary action for which the plat is
1813 submitted for recording; and
1814 (C) each other document required by statute to be submitted for recording with the
1815 notice of an impending boundary action and applicable certificate.
1816 (c) Promptly after recording the documents described in Subsection (6)(b) relating to a
1817 boundary action, but no later than ten days after recording, the county recorder shall send a
1818 copy of all those documents to the State Tax Commission.
1819 Section 37. Section 17-23-20 is enacted to read:
1820 17-23-20. Final plats of local entity boundary actions -- County surveyor
1821 certification of final plat.
1822 (1) As used in this section:
1823 (a) "Approving authority" means the person or body required under applicable statute

1824 to submit to the lieutenant governor a notice of an impending boundary action, as defined in
1825 Section 67-1a-6.5 .
1826 (b) (i) "Boundary action" means any action that establishes, modifies, or eliminates the
1827 boundary of a local entity, including incorporation or creation, annexation, withdrawal or
1828 disconnection, consolidation, division, boundary adjustment, and dissolution.
1829 (ii) "Boundary action" does not include the determination of the true location of a
1830 county boundary under Section 17-50-105 .
1831 (c) "Final local entity plat" means a plat that H. [ :
1832 (i) depicts:
1833 (A) in the case of a proposed creation or incorporation of a local entity, the boundary of
1834 the proposed local entity;
1835 (B) in the case of a proposed annexation of an area into an existing local entity, the
1836 boundary of the area proposed to be annexed;
1837 (C) in the case of a proposed adjustment of a boundary between local entities, the
1838 boundary of the area that the boundary adjustment proposes to move from within the boundary
1839 of one local entity to within the boundary of another local entity;
1840 (D) in the case of a proposed withdrawal or disconnection of an area from a local
1841 entity, the boundary of the area that is proposed to be withdrawn or disconnected;
1842 (E) in the case of a proposed consolidation of multiple local entities, the boundary of
1843 the consolidated local entity; and
1844 (F) in the case of a proposed division of a local entity into multiple local entities, the
1845 boundary of each new local entity created by the proposed division; and
1846 (ii) ] .H meets the requirements of Subsection (4).
1847 (d) "Local entity" has the same meaning as defined in Section 67-1a-6.5 .
1848 (2) Upon request and in consultation with the county recorder, the county surveyor of
1849 each county in which property depicted on a plat is located shall determine whether the plat is a
1850 final local entity plat.
1851 (3) (a) If a county surveyor determines that a plat meets the requirements of Subsection
1852 (4), the county surveyor shall approve the plat as a final local entity plat.
1853 (b) The county surveyor shall indicate the approval of a plat as a final local entity plat
1854 on the face of the final local entity plat.

1855 (4) A plat may not be approved as a final local entity plat unless the plat:
1856 (a) contains a graphical illustration H. [ of the local entity boundary, as the boundary is
1857 proposed to exist as a result of a proposed boundary action; ] depicting:
1857a (i) in the case of a proposed creation or incorporation of a local entity, the boundary of
1857b the proposed local entity;
1857c (ii) in the case of a proposed annexation of an area into an existing local entity, the
1857d boundary of the area proposed to be annexed;
1857e (iii) in the case of a proposed adjustment of a boundary between local entities, the
1857f boundary of the area that the boundary adjustment proposes to move from inside the
1857g boundary of one local entity to inside the boundary of another local entity;
1857h (iv) in the case of a proposed withdrawal or disconnection of an area from a local entity,
1857i the boundary of the area that is proposed to be withdrawn or disconnected;
1857j (v) in the case of a proposed consolidation of multiple local entities, the boundary of the
1857k proposed consolidated local entity; and
1857l (vi) in the case of a proposed division of a local entity into multiple local entities, the
1857m boundary of each new local entity created by the proposed division; .H
1858 (b) is created on reproducible material that is:
1859 (i) permanent in nature; and
1860 (ii) the size and type specified by the county recorder;
1861 (c) is drawn to a scale so that all data are legible;
1862 (d) contains complete and accurate boundary information, including, as appropriate,
1863 calls along existing boundary lines, sufficient to enable:
1864 (i) the county surveyor to establish the boundary on the ground, in the event of a
1865 dispute about the accurate location of the boundary; and
1866 (ii) the county recorder to identify, for tax purposes, each tract or parcel included
1867 within the boundary;
1868 (e) depicts a name for the plat, approved by the county recorder, that is sufficiently
1869 unique to distinguish the plat from all other recorded plats in the county;
1870 (f) contains:
1871 (i) the name of the local entity whose boundary is depicted on the plat;
1872 (ii) the name of each county within which any property depicted on the plat is located;
1873 (iii) the date that the plat was prepared;

1874 (iv) a north arrow and legend;
1875 (v) a signature block for:

1876 (A) the signatures of:
1877 (I) the professional land surveyor who prepared the plat; and
1878 (II) the local entity's approving authority; and
1879 (B) the approval of the county surveyor; and
1880 (vi) a three inch by three inch block in the lower right hand corner for the county
1881 recorder's use when recording the plat;
1882 (g) has been certified and signed by a professional land surveyor licensed under Title
1883 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; and
1884 (h) has been reviewed and signed by the approving authority of the local entity whose
1885 boundary is depicted on the plat.

1886 (5) The county surveyor may charge and collect a reasonable fee for the costs
1887 associated with:
1888 (a) the process of determining whether a plat is a final local entity plat; and
1889 (b) the approval of a plat as a final local entity plat.
1890 Section 38. Section 17-50-104 is amended to read:
1891 17-50-104. Counties of the state -- County boundaries maintained by lieutenant
1892 governor -- Notice of county boundary changes.
1893 (1) The counties of the state are those whose geographic boundaries are described in
1894 the official county boundary records maintained by the office of the lieutenant governor and
1895 may be changed only in accordance with the provisions of this title.
1896 (2) The office of the lieutenant governor shall maintain the official county boundaries
1897 for the counties of the state and update those boundaries [when notified of a change in county
1898 boundaries in accordance with Subsection (3)] upon the lieutenant governor's issuance, under
1899 Section 67-1a-6.5 , of an applicable certificate, as defined in that section.
1900 [(3) Whenever any change is made to county boundaries under this title, the affected
1901 counties shall provide notice of the change, including an accurate map or plat of the changed
1902 county boundaries, to the lieutenant governor.]
1903 Section 39. Section 17-50-105 is amended to read:
1904 17-50-105. Disputed boundaries.
1905 (1) As used in this section, "independent surveyor" means the surveyor whose position
1906 is established within the Automated Geographic Reference Center under Subsection
1907 63F-1-506 (3).
1908 [(1)] (2) (a) If a dispute or uncertainty arises as to the true location of a county
1909 boundary as described in the official records maintained by the office of the lieutenant
1910 governor, the surveyors of each county whose boundary is the subject of the dispute or
1911 uncertainty may determine the true location.
1912 (b) If agreement is reached under Subsection [(1)] (2)(a), the county surveyors shall
1913 provide notice, accompanied by a map, to the lieutenant governor showing the true location of
1914 the county boundary.
1915 [(2)] (3) (a) If the county surveyors fail to agree on or otherwise fail to establish the
1916 true location of the county boundary, the county executive of either or both of the affected

1917 counties shall engage the services of the [state engineer] independent surveyor.
1918 (b) After being engaged under Subsection [(2)] (3)(a), the [state engineer] independent
1919 surveyor shall notify the surveyor of each county whose boundary is the subject of the dispute
1920 or uncertainty of the procedure the [state engineer] independent surveyor will use to determine
1921 the true location of the boundary.
1922 (c) With the assistance of each surveyor who chooses to participate, the [state engineer]
1923 independent surveyor shall determine permanently the true location of the boundary by
1924 marking surveys and erecting suitable monuments to designate the boundary.
1925 (d) Each boundary established under this Subsection [(2)] (3) shall be considered
1926 permanent until superseded by legislative enactment.
1927 (e) The [state engineer] independent surveyor shall provide notice, accompanied by a
1928 map, to the lieutenant governor showing the true location of the county boundary.
1929 [(3)] (4) Nothing in this section may be construed to give the county surveyors or [state
1930 engineer] independent surveyor any authority other than to erect suitable monuments to
1931 designate county boundaries as they are described in the official records maintained by the
1932 office of the lieutenant governor.
1933 Section 40. Section 17B-1-105 is amended to read:
1934 17B-1-105. Name of local district -- Name change.
1935 (1) (a) The name of each local district created on or after May 1, 2000 shall comply
1936 with Subsection 17-50-103 (2)(a).
1937 (b) The board of each local district affected by Subsection 17-50-103 (2)(b) shall ensure
1938 that after January 1, 2005 the local district name complies with the requirements of that
1939 Subsection.
1940 (2) The name of a local district created after April 30, 2007 may not include the name
1941 of a county or municipality.
1942 (3) The name of a local district may include words descriptive of the type of service
1943 that the district provides.
1944 (4) (a) A local district board may change the name of that local district [by:] as
1945 provided in this Subsection (4).
1946 (b) To initiate a name change, the local district board shall:
1947 (i) [holding] hold a public hearing on the proposed name change;

1948 (ii) [adopting] adopt a resolution approving the name change; and
1949 [(iii) giving written notice of the name change to the lieutenant governor, the State Tax
1950 Commission, the state auditor, and the clerk, recorder, and assessor of each county in which
1951 any part of the local district is located.]
1952 (iii) file with the lieutenant governor a notice of an impending name change, as defined
1953 in Section 67-1a-6.7 , that meets the requirements of Subsection 67-1a-6.7 (3).
1954 (c) Upon the lieutenant governor's issuance of a certificate of name change under
1955 Section 67-1a-6.7 , the local district board shall:
1956 (i) if the local district is located within the boundary of a single county, submit to the
1957 recorder of that county:
1958 (A) the original:
1959 (I) notice of an impending name change; and
1960 (II) certificate of name change; and
1961 (B) a certified copy of the resolution approving the name change; or
1962 (ii) if the local district is located within the boundaries of more than a single county:
1963 (A) submit to the recorder of one of those counties:
1964 (I) the original of the documents listed in Subsections (4)(c)(i)(A)(I) and (II); and
1965 (II) a certified copy of the resolution approving the name change; and
1966 (B) submit to the recorder of each other county:
1967 (I) a certified copy of the documents listed in Subsections (4)(c)(i)(A)(I) and (II); and
1968 (II) a certified copy of the resolution approving the name change.
1969 [(b)] (d) (i) A name change under this Subsection (4)[(a)] becomes effective upon the
1970 [board's giving the notice required under Subsection (4)(a)(iii).] lieutenant governor's issuance
1971 of a certificate of name change under Section 67-1a-6.7 .
1972 (ii) Notwithstanding Subsection (4)(d)(i), the local district may not operate under the
1973 new name until the documents listed in Subsection (4)(c) are recorded in the office of the
1974 recorder of each county in which the local district is located.
1975 Section 41. Section 17B-1-215 is amended to read:
1976 17B-1-215. Notice to lieutenant governor -- Certificate of incorporation -- Local
1977 district incorporated as specialized local district or basic local district.
1978 (1) [The] (a) Within the time specified in Subsection (1)(b), the responsible body shall

1979 file [a notice] with the lieutenant governor:
1980 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
1981 that meets the requirements of Subsection 67-1a-6.5 (3); and
1982 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 .
1983 (b) The responsible body shall file the documents listed in Subsection (1)(a) with the
1984 lieutenant governor within ten days after:
1985 [(a)] (i) the canvass of an election under Section 17B-1-214 , if a majority of those
1986 voting at the election within the proposed local district as a whole vote in favor of the creation
1987 of a local district;
1988 [(b)] (ii) certification of a petition as to which the election requirement of Subsection
1989 17B-1-214 (1) does not apply because of Subsection 17B-1-214 (3)(a) or (b); or
1990 [(c)] (iii) adoption of a resolution under Subsection 17B-1-213 (4) approving the
1991 creation of a local district for which an election was not required under Subsection
1992 17B-1-214 (3)(c) or (d), by the legislative body of each county whose unincorporated area is
1993 included within and the legislative body of each municipality whose area is included within the
1994 proposed local district, or by the board of trustees of the initiating local district.
1995 (2) Upon the lieutenant governor's issuance of a certificate of incorporation under
1996 Section 67-1a-6.5 , the responsible body shall:
1997 (a) if the local district is located within the boundary of a single county, submit to the
1998 recorder of that county:
1999 (i) the original:
2000 (A) notice of an impending boundary action;
2001 (B) certificate of incorporation; and
2002 (C) approved final local entity plat; and
2003 (ii) if applicable, a certified copy of each resolution adopted under Subsection
2004 17B-1-213 (4); or
2005 (b) if the local district is located within the boundaries of more than a single county:
2006 (i) submit to the recorder of one of those counties:
2007 (A) the original of the documents listed in Subsections (2)(a)(i)(A), (B), and (C); and
2008 (B) if applicable, a certified copy of each resolution adopted under Subsection
2009 17B-1-213 (4); and

2010 (ii) submit to the recorder of each other county:
2011 (A) a certified copy of the documents listed in Subsection (2)(a)(i)(A), (B), and (C);
2012 and
2013 (B) if applicable, a certified copy of each resolution adopted under Subsection
2014 17B-1-213 (4).
2015 [(2)] (3) The area of each local district [shall consist] consists of:
2016 (a) if an election was held under Section 17B-1-214 , the area of the new local district
2017 as approved at the election;
2018 (b) if an election was not required because of Subsection 17B-1-214 (3)(a) or (b), the
2019 area of the proposed local district as described in the petition; or
2020 (c) if an election was not required because of Subsection 17B-1-214 (3)(c) or (d), the
2021 area of the new local district as described in the resolution adopted under Subsection
2022 17B-1-213 (4).
2023 [(3) In each notice under Subsection (1) the responsible body shall:]
2024 [(a) if the notice follows an election under Section 17B-1-214 , certify the results of the
2025 election;]
2026 [(b) describe the boundaries of the new local district with an accurate map or plat
2027 showing the boundaries delineated in Subsection (2), prepared and certified by a licensed
2028 surveyor and filed with the county surveyor in accordance with Section 17-23-17 ; and]
2029 [(c) certify that all requirements for the creation of a local district have been complied
2030 with.]
2031 (4) (a) Upon the lieutenant governor's issuance of the certificate of [creation]
2032 incorporation under Section 67-1a-6.5 , the local district is created and incorporated as:
2033 [(a)] (i) the type of specialized local district that was specified in the petition under
2034 Subsection 17B-1-203 (1)(a) or (b) or resolution under Subsection 17B-1-203 (1)(c) or (d), if the
2035 petition or resolution proposed the creation of a specialized local district; or
2036 [(b)] (ii) a basic local district, if the petition or resolution did not propose the creation
2037 of a specialized local district.
2038 (b) (i) The effective date of a local district's incorporation for purposes of assessing
2039 property within the local district is governed by Section 59-2-305.5 .
2040 (ii) Until the documents listed in Subsection (2) are recorded in the office of the

2041 recorder of each county in which the property is located, a newly incorporated local district
2042 may not:
2043 (A) levy or collect a property tax on property within the local district;
2044 (B) levy or collect an assessment on property within the local district; or
2045 (C) charge or collect a fee for service provided to property within the local district.
2046 Section 42. Section 17B-1-216 is amended to read:
2047 17B-1-216. Costs and expenses of creating a local district.
2048 (1) Except as provided in Subsection (2), each county whose unincorporated area
2049 includes and each municipality whose boundaries include some or all of the proposed local
2050 district shall bear their respective costs and expenses associated with the procedure under this
2051 part for creating a local district.
2052 (2) Within a year after its creation, each local district shall reimburse the costs and
2053 expenses associated with the preparation, certification, and [filing] recording of the [map]
2054 approved final local entity plat of the local district and accompanying documents under
2055 [Subsection 17B-1-215 (3)(b)] Section 17B-1-215 .
2056 Section 43. Section 17B-1-405 is amended to read:
2057 17B-1-405. Petition certification.
2058 (1) Within 30 days after the filing of a petition under Subsection 17B-1-403 (1)(a)(i) or
2059 (ii) or within the time that the local district and each petition sponsor designate by written
2060 agreement, the board of trustees of the proposed annexing local district shall:
2061 (a) with the assistance of officers of the county in which the area proposed to be
2062 annexed is located from whom the board requests assistance, determine whether the petition
2063 meets the requirements of Subsection 17B-1-403 (1)(a)(i) or (ii), as the case may be, Subsection
2064 17B-1-403 (3), and Subsection 17B-1-404 (1); and
2065 (b) (i) if the board determines that the petition complies with the requirements, certify
2066 the petition and mail or deliver written notification of the certification to the contact sponsor;
2067 or
2068 (ii) if the board determines that the petition fails to comply with any of the
2069 requirements, reject the petition and mail or deliver written notification of the rejection and the
2070 reasons for the rejection to the contact sponsor.
2071 (2) (a) If the board rejects a petition under Subsection (1)(b)(ii), the petition may be

2072 amended to correct the deficiencies for which it was rejected and then refiled.
2073 (b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
2074 used toward fulfilling the applicable signature requirement of the petition as amended under
2075 Subsection (2)(a).
2076 (3) The board shall process an amended petition filed under Subsection (2)(a) in the
2077 same manner as an original petition under Subsection (1).
2078 Section 44. Section 17B-1-414 is amended to read:
2079 17B-1-414. Resolution approving an annexation -- Notice of annexation -- When
2080 annexation complete.
2081 (1) (a) Subject to Subsection (1)(b), the local district board shall adopt a resolution
2082 approving the annexation of the area proposed to be annexed or rejecting the proposed
2083 annexation within 30 days after:
2084 (i) expiration of the protest period under Subsection 17B-1-412 (2), if sufficient protests
2085 to require an election are not filed;
2086 (ii) for a petition that meets the requirements of Subsection 17B-1-413 (1):
2087 (A) a public hearing under Section 17B-1-409 is held, if the board chooses or is
2088 required to hold a public hearing under Subsection 17B-1-413 (2)(a)(ii); or
2089 (B) expiration of the time for submitting a request for public hearing under Subsection
2090 17B-1-413 (2)(a)(ii)(B), if no request is submitted and the board chooses not to hold a public
2091 hearing.
2092 (b) If the local district has entered into an agreement with the United States that
2093 requires the consent of the United States for an annexation of territory to the district, a
2094 resolution approving annexation under this part may not be adopted until the written consent of
2095 the United States is obtained and filed with the board of trustees.
2096 (2) (a) [The] (i) Within the time specified under Subsection (2)(a)(ii), the board shall
2097 file [a notice] with the lieutenant governor:
2098 (A) a copy of a notice of an impending boundary action, as defined in Section
2099 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3) and, if applicable,
2100 Subsection (2)(b); and
2101 (B) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 .
2102 (ii) The board shall file the documents listed in Subsection (2)(a)(i) with the lieutenant

2103 governor:
2104 [(i)] (A) within 30 days after adoption of a resolution under Subsection (1), Subsection
2105 17B-1-412 (3)(c)(i), or Section 17B-1-415 ; and
2106 [(ii)] (B) as soon as practicable after receiving the notice under Subsection 10-2-425 (2)
2107 of a municipal annexation that causes an automatic annexation to a local district under Section
2108 17B-1-416 .
2109 (b) [The notice] For an automatic annexation to a local district under Section
2110 17B-1-416 , the notice of an impending boundary action required under Subsection (2)(a) shall[:
2111 (i) be accompanied by: (A) if applicable, a copy of the board resolution approving the
2112 annexation; and (B) an accurate map depicting the boundaries of the area to be annexed or a
2113 legal description of the area to be annexed, adequate for purposes of the county assessor and
2114 recorder; (ii) for an annexation pursuant to a resolution described in Subsection (2)(a)(i),
2115 include a certification by the local district board that all requirements for the annexation have
2116 been complied with; and (iii) for an automatic annexation to a local district under Section
2117 17B-1-416 ,] state that an area outside the boundaries of the local district is being automatically
2118 annexed to the local district under Section 17B-1-416 because of a municipal annexation under
2119 Title 10, Chapter 2, Part 4, Annexation.
2120 (c) Upon the lieutenant governor's issuance of a certificate of annexation under Section
2121 67-1a-6.5 , the board shall:
2122 (i) if the annexed area is located within the boundary of a single county, submit to the
2123 recorder of that county:
2124 (A) the original:
2125 (I) notice of an impending boundary action;
2126 (II) certificate of annexation; and
2127 (III) approved final local entity plat; and
2128 (B) a certified copy of the annexation resolution; or
2129 (ii) if the annexed area is located within the boundaries of more than a single county:
2130 (A) submit to the recorder of one of those counties:
2131 (I) the original of the documents listed in Subsections (2)(c)(i)(A)(I), (II), and (III); and
2132 (II) a certified copy of the annexation resolution; and
2133 (B) submit to the recorder of each other county:

2134 (I) a certified copy of the documents listed in Subsection (2)(c)(i)(A)(I), (II), and (III);
2135 and
2136 (II) a certified copy of the annexation resolution.
2137 (3) (a) As used in this Subsection (3), "fire district annexation" means an annexation
2138 under this part of an area located in a county of the first class to a local district:
2139 (i) created to provide fire protection, paramedic, and emergency services; and
2140 (ii) in the creation of which an election was not required because of Subsection
2141 17B-1-214 (3)(c).
2142 (b) An annexation under this part is complete and becomes effective:
2143 [(i) for an annexation pursuant to a resolution described in Subsection (2)(a)(i):]
2144 (i) (A) [(I)] on July 1 for a fire district annexation, if the lieutenant governor issues the
2145 certificate of annexation under Section 67-1a-6.5 from January 1 through June 30; or
2146 [(II)] (B) on January 1 for a fire district annexation, if the lieutenant governor issues
2147 the certificate of annexation under Section 67-1a-6.5 from July 1 through December 31; or
2148 [(B)] (ii) upon the lieutenant governor's issuance of the certificate of annexation under
2149 Section 67-1a-6.5 , for [an] any other annexation [other than an annexation described in
2150 Subsection (3)(b)(i)(A); and].
2151 [(ii) for an automatic annexation that is the subject of a notice under Subsection
2152 (2)(a)(ii):]
2153 [(A) (I) on July 1 for a fire district annexation, if the lieutenant governor issues the
2154 certificate of annexation under Subsection 10-1-117 (3)(b) from January 1 through June 30; or]
2155 [(II) on January 1 for a fire district annexation, if the lieutenant governor issues the
2156 certificate of annexation under Subsection 10-1-117 (3)(b) from July 1 through December 31;
2157 or]
2158 [(B) upon the lieutenant governor's issuance of the certificate of annexation under
2159 Subsection 10-1-117 (3)(b), for an annexation other than an annexation described in Subsection
2160 (3)(b)(ii)(A).]
2161 (c) (i) The effective date of a local district annexation for purposes of assessing
2162 property within the annexed area is governed by Section 59-2-305.5 .
2163 (ii) Until the documents listed in Subsection (2)(c) are recorded in the office of the
2164 recorder of each county in which the property is located, a local district may not:

2165 (A) levy or collect a property tax on property within the annexed area;
2166 (B) levy or collect an assessment on property within the annexed area; or
2167 (C) charge or collect a fee for service provided to property within the annexed area.
2168 (iii) Subsection (3)(c)(ii)(C):
2169 (A) may not be construed to limit a local district's ability before annexation to charge
2170 and collect a fee for service provided to property that is outside the local district's boundary;
2171 and
2172 (B) does not apply until 60 days after the effective date, under Subsection (3)(b), of the
2173 local district's annexation, with respect to a fee that the local district was charging for service
2174 provided to property within the annexed area immediately before the area was annexed to the
2175 local district.
2176 Section 45. Section 17B-1-415 is amended to read:
2177 17B-1-415. Annexation of wholesale district through expansion of retail provider.
2178 (1) (a) A local district that provides a wholesale service may adopt a resolution
2179 approving the annexation of an area outside the local district's boundaries if:
2180 (i) the area is annexed by or otherwise added to, or is added to the retail service area of,
2181 a municipality or another local district that:
2182 (A) acquires the wholesale service from the local district and provides it as a retail
2183 service;
2184 (B) is, before the annexation or other addition, located at least partly within the local
2185 district; and
2186 (C) after the annexation or other addition will provide to the annexed or added area the
2187 same retail service that the local district provides as a wholesale service to the municipality or
2188 other local district; and
2189 (ii) except as provided in Subsection (2), no part of the area is within the boundaries of
2190 another local district that provides the same wholesale service as the proposed annexing local
2191 district.
2192 (b) For purposes of this section:
2193 (i) a local district providing public transportation service shall be considered to be
2194 providing a wholesale service; and
2195 (ii) a municipality included within the boundaries of the local district providing public

2196 transportation service shall be considered to be acquiring that wholesale service from the local
2197 district and providing it as a retail service and to be providing that retail service after the
2198 annexation or other addition to the annexed or added area, even though the municipality does
2199 not in fact provide that service.
2200 (2) Notwithstanding Subsection (1)(a)(ii), an area outside the boundaries of a local
2201 district providing a wholesale service and located partly or entirely within the boundaries of
2202 another local district that provides the same wholesale service may be annexed to the local
2203 district if:
2204 (a) the conditions under Subsection (1)(a)(i) are present; and
2205 (b) the proposed annexing local district and the other local district follow the same
2206 procedure as is required for a boundary adjustment under Section 17B-1-417 , including both
2207 district boards adopting a resolution approving the annexation of the area to the proposed
2208 annexing local district and the withdrawal of that area from the other district.
2209 (3) Upon the adoption of an annexation resolution under this section, the board of the
2210 annexing local district shall comply with the requirements of Subsection 17B-1-414 (2), and the
2211 lieutenant governor shall issue a certificate of annexation and send a copy of notice as provided
2212 in Section 67-1a-6.5 .
2213 (4) [Subsection] Subsections 17B-1-414 (2) and (3) [applies] apply to an annexation
2214 under this section.
2215 Section 46. Section 17B-1-416 is amended to read:
2216 17B-1-416. Automatic annexation to a district providing fire protection,
2217 paramedic, and emergency services.
2218 (1) An area outside the boundaries of a local district that is annexed to a municipality
2219 or added to a municipality by a boundary adjustment under Title 10, Chapter 2, Part 4,
2220 Annexation, is automatically annexed to the local district if:
2221 (a) the local district provides fire protection, paramedic, and emergency services;
2222 (b) an election for the creation of the local district was not required because of
2223 Subsection 17B-1-214 (3)(c); and
2224 (c) before the municipal annexation or boundary adjustment, the entire municipality
2225 that is annexing the area or adding the area by boundary adjustment was included within the
2226 local district.

2227 (2) The effective date of an annexation under this section is governed by Subsection
2228 17B-1-414 (3)(b)[(ii)].
2229 Section 47. Section 17B-1-417 is amended to read:
2230 17B-1-417. Boundary adjustment -- Notice and hearing -- Protest -- Resolution
2231 adjusting boundaries -- Notice of the adjustment -- Notice to lieutenant governor.
2232 (1) As used in this section, "affected area" means the area located within the
2233 boundaries of one local district that will be removed from that local district and included within
2234 the boundaries of another local district because of a boundary adjustment under this section.
2235 (2) The boards of trustees of two or more local districts having a common boundary
2236 and providing the same service on the same wholesale or retail basis may adjust their common
2237 boundary as provided in this section.
2238 (3) (a) The board of trustees of each local district intending to adjust a boundary that is
2239 common with another local district shall:
2240 (i) adopt a resolution indicating the board's intent to adjust a common boundary;
2241 (ii) hold a public hearing on the proposed boundary adjustment no less than 60 days
2242 after the adoption of the resolution under Subsection (3)(a)(i); and
2243 (iii) (A) (I) publish notice once a week for two successive weeks in a newspaper of
2244 general circulation within the local district; or
2245 (II) if there is no newspaper of general circulation within the local district, post notice
2246 in at least four conspicuous places within the local district; or
2247 (B) mail a notice to each owner of property located within the affected area and to each
2248 registered voter residing within the affected area.
2249 (b) The notice required under Subsection (3)(a)(iii) shall:
2250 (i) state that the board of trustees of the local district has adopted a resolution
2251 indicating the board's intent to adjust a boundary that the local district has in common with
2252 another local district that provides the same service as the local district;
2253 (ii) describe the affected area;
2254 (iii) state the date, time, and location of the public hearing required under Subsection
2255 (3)(a)(ii);
2256 (iv) provide a local district telephone number where additional information about the
2257 proposed boundary adjustment may be obtained;

2258 (v) explain the financial and service impacts of the boundary adjustment on property
2259 owners or residents within the affected area; and
2260 (vi) state in conspicuous and plain terms that the board of trustees may approve the
2261 adjustment of the boundaries unless, at or before the public hearing under Subsection (3)(a)(ii),
2262 written protests to the adjustment are filed with the board by:
2263 (A) the owners of private real property that:
2264 (I) is located within the affected area;
2265 (II) covers at least 50% of the total private land area within the affected area; and
2266 (III) is equal in assessed value to at least 50% of the assessed value of all private real
2267 property within the affected area; or
2268 (B) registered voters residing within the affected area equal in number to at least 50%
2269 of the votes cast in the affected area for the office of governor at the last regular general
2270 election before the filing of the protests.
2271 (c) The first publication of the notice required under Subsection (3)(a)(iii)(A) shall be
2272 within 14 days after the board's adoption of a resolution under Subsection (3)(a)(i).
2273 (d) The boards of trustees of the local districts whose boundaries are being adjusted
2274 may jointly:
2275 (i) publish, post, or mail the notice required under Subsection (3)(a)(iii); and
2276 (ii) hold the public hearing required under Subsection (3)(a)(ii).
2277 (4) After the public hearing required under Subsection (3)(a)(ii), the board of trustees
2278 may adopt a resolution approving the adjustment of the common boundary unless, at or before
2279 the public hearing, written protests to the boundary adjustment have been filed with the board
2280 by:
2281 (a) the owners of private real property that:
2282 (i) is located within the affected area;
2283 (ii) covers at least 50% of the total private land area within the affected area; and
2284 (iii) is equal in assessed value to at least 50% of the assessed value of all private real
2285 property within the affected area; or
2286 (b) registered voters residing within the affected area equal in number to at least 50%
2287 of the votes cast in the affected area for the office of governor at the last regular general
2288 election before the filing of the protests.

2289 (5) A resolution adopted under Subsection (4) does not take effect until the board of
2290 each local district whose boundaries are being adjusted has adopted a resolution under
2291 Subsection (4).
2292 (6) [(a) Within 30 days after the resolutions take effect under Subsection (5), the] The
2293 board of the local district whose boundaries are being adjusted to include the affected area shall
2294 [file a notice]:
2295 (a) within 30 days after the resolutions take effect under Subsection (5), file with the
2296 lieutenant governor[.]:
2297 [(b) The notice required under Subsection (6)(a) shall:]
2298 [(i) be accompanied by:]
2299 [(A) a copy of each of the board resolutions approving the boundary adjustment; and]
2300 [(B) an accurate map depicting the affected area or a legal description of the affected
2301 area, adequate for purposes of the county assessor and recorder; and]
2302 [(ii) include a certification by the board of the local district whose boundaries are being
2303 adjusted to include the affected area that all requirements for the boundary adjustment have
2304 been complied with.]
2305 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
2306 that meets the requirements of Subsection 67-1a-6.5 (3); and
2307 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
2308 (b) upon the lieutenant governor's issuance of a certificate of boundary adjustment
2309 under Section 67-1a-6.5 :
2310 (i) if the affected area is located within the boundary of a single county, submit to the
2311 recorder of that county:
2312 (A) the original:
2313 (I) notice of an impending boundary action;
2314 (II) certificate of boundary adjustment; and
2315 (III) approved final local entity plat; and
2316 (B) a certified copy of each resolution adopted under Subsection (4); or
2317 (ii) if the affected area is located within the boundaries of more than a single county:
2318 (A) submit to the recorder of one of those counties:
2319 (I) the original of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III); and

2320 (II) a certified copy of each resolution adopted under Subsection (4); and
2321 (B) submit to the recorder of each other county:
2322 (I) a certified copy of the documents listed in Subsection (6)(b)(i)(A)(I), (II), and (III);
2323 and
2324 (II) a certified copy of each resolution adopted under Subsection (4).
2325 (7) (a) Upon the lieutenant governor's issuance of a certificate of boundary [change]
2326 adjustment under Section 67-1a-6.5 , the affected area is annexed to the local district whose
2327 boundaries are being adjusted to include the affected area, and the affected area is withdrawn
2328 from the local district whose boundaries are being adjusted to exclude the affected area.
2329 (b) (i) The effective date of a boundary adjustment under this section for purposes of
2330 assessing property within the affected area is governed by Section 59-2-305.5 .
2331 (ii) Until the documents listed in Subsection (6)(b) are recorded in the office of the
2332 recorder of the county in which the property is located, a local district in whose boundary an
2333 affected area is included because of a boundary adjustment under this section may not:
2334 (A) levy or collect a property tax on property within the affected area;
2335 (B) levy or collect an assessment on property within the affected area; or
2336 (C) charge or collect a fee for service provided to property within the affected area.
2337 (iii) Subsection (7)(b)(ii)(C):
2338 (A) may not be construed to limit a local district's ability before a boundary adjustment
2339 to charge and collect a fee for service provided to property that is outside the local district's
2340 boundary; and
2341 (B) does not apply until 60 days after the effective date, under Subsection (7)(a), of the
2342 local district's boundary adjustment, with respect to a fee that the local district was charging for
2343 service provided to property within the area affected by the boundary adjustment immediately
2344 before the boundary adjustment.
2345 Section 48. Section 17B-1-512 is amended to read:
2346 17B-1-512. Notice of withdrawal -- Contest period -- Judicial review.
2347 (1) (a) [The] Within the time specified in Subsection (1)(b), the board of trustees shall
2348 file [a written notice of withdrawal] with the lieutenant governor:
2349 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
2350 that meets the requirements of Subsection 67-1a-6.5 (3); and

2351 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 .
2352 (b) The board of trustees shall file the documents listed in Subsection (1)(a):
2353 (i) within ten days after adopting a resolution approving a withdrawal under Section
2354 17B-1-510 ; and
2355 (ii) as soon as practicable after receiving a notice under Subsection 10-2-425 (2) of an
2356 automatic withdrawal under Subsection 17B-1-502 (2), after receiving a copy of the municipal
2357 legislative body's resolution approving an automatic withdrawal under Subsection
2358 17B-1-502 (3)(a), or after receiving notice of a withdrawal of a municipality from a local
2359 district under Section 17B-2-505 .
2360 [(b) The notice required under Subsection (1)(a) shall:]
2361 [(i) be accompanied by:]
2362 [(A) for a withdrawal pursuant to a resolution adopted under Section 17B-1-510 , a
2363 copy of the board resolution approving the withdrawal; and]
2364 [(B) an accurate map depicting the boundaries of the withdrawn area or a legal
2365 description of the withdrawn area, adequate for purposes of the county assessor and recorder;
2366 and]
2367 [(ii) for a withdrawal pursuant to a resolution adopted under Section 17B-1-510 ,
2368 include a certification by the local district board that all requirements for the withdrawal have
2369 been complied with.]
2370 (c) Upon the lieutenant governor's issuance of a certificate of withdrawal under Section
2371 67-1a-6.5 , the board shall:
2372 (i) if the withdrawn area is located within the boundary of a single county, submit to
2373 the recorder of that county:
2374 (A) the original:
2375 (I) notice of an impending boundary action;
2376 (II) certificate of withdrawal; and
2377 (III) approved final local entity plat; and
2378 (B) if applicable, a certified copy of the resolution or notice referred to in Subsection
2379 (1)(b); or
2380 (ii) if the withdrawn area is located within the boundaries of more than a single county,
2381 submit:

2382 (A) the original of the documents listed in Subsections (1)(c)(i)(A)(I), (II), and (III)
2383 and, if applicable, a certified copy of the resolution or notice referred to in Subsection (1)(b) to
2384 one of those counties; and
2385 (B) a certified copy of the documents listed in Subsection (1)(c)(i)(A)(I), (II), and (III)
2386 and a certified copy of the resolution or notice referred to in Subsection (1)(b) to each other
2387 county.
2388 (2) (a) Upon the lieutenant governor's issuance of the certificate of [boundary change]
2389 withdrawal under Section 67-1a-6.5 for a withdrawal under Section 17B-1-510 , for an
2390 automatic withdrawal under Subsection 17B-1-502 (3), or for the withdrawal of a municipality
2391 from a local district under Section 17B-2-505 , the withdrawal shall be effective, subject to the
2392 conditions of the withdrawal resolution, if applicable.
2393 (b) An automatic withdrawal under Subsection 17B-1-502 (3) shall be effective upon
2394 the lieutenant governor's issuance of a certificate of [boundary change] withdrawal under
2395 Section 67-1a-6.5 .
2396 (3) The local district may provide for the publication of any resolution approving or
2397 denying the withdrawal of an area in a newspaper of general circulation in the area proposed
2398 for withdrawal. In lieu of publishing the entire resolution, the local district may publish a
2399 notice of withdrawal or denial of withdrawal, containing:
2400 (a) the name of the local district;
2401 (b) a description of the area proposed for withdrawal;
2402 (c) a brief explanation of the grounds on which the board of trustees determined to
2403 approve or deny the withdrawal; and
2404 (d) the times and place where a copy of the resolution may be examined, which shall be
2405 at the place of business of the local district, identified in the notice, during regular business
2406 hours of the local district as described in the notice and for a period of at least 30 days after the
2407 publication of the notice.
2408 (4) Any sponsor of the petition or receiving entity may contest the board's decision to
2409 deny a withdrawal of an area from the local district by submitting a request, within 60 days
2410 after the resolution is adopted under Section 17B-1-510 , to the board of trustees, suggesting
2411 terms or conditions to mitigate or eliminate the conditions upon which the board of trustees
2412 based its decision to deny the withdrawal.

2413 (5) Within 60 days after the request under Subsection (4) is submitted to the board of
2414 trustees, the board may consider the suggestions for mitigation and adopt a resolution
2415 approving or denying the request in the same manner as provided in Section 17B-1-510 with
2416 respect to the original resolution denying the withdrawal and file a notice of the action as
2417 provided in Subsection (1).
2418 (6) (a) Any person in interest may seek judicial review of:
2419 (i) the board of trustees' decision to withdraw an area from the local district;
2420 (ii) the terms and conditions of a withdrawal; or
2421 (iii) the board's decision to deny a withdrawal.
2422 (b) Judicial review under this Subsection (6) shall be initiated by filing an action in the
2423 district court in the county in which a majority of the area proposed to be withdrawn is located:
2424 (i) if the resolution approving or denying the withdrawal is published under Subsection
2425 (3), within 60 days after the publication or after the board of trustees' denial of the request
2426 under Subsection (5);
2427 (ii) if the resolution is not published pursuant to Subsection (3), within 60 days after
2428 the resolution approving or denying the withdrawal is adopted; or
2429 (iii) if a request is submitted to the board of trustees of a local district under Subsection
2430 (4), and the board adopts a resolution under Subsection (5), within 60 days after the board
2431 adopts a resolution under Subsection (5) unless the resolution is published under Subsection
2432 (3), in which event the action must be filed within 60 days after the publication.
2433 (c) A court in which an action is filed under this Subsection (6) may not overturn, in
2434 whole or in part, the board of trustees' decision to approve or reject the withdrawal unless:
2435 (i) the court finds the board of trustees' decision to be arbitrary or capricious; or
2436 (ii) the court finds that the board materially failed to follow the procedures set forth in
2437 this part.
2438 (d) A court may award costs and expenses of an action under this section, including
2439 reasonable attorney fees, to the prevailing party.
2440 (7) After the applicable contest period under Subsection (4) or (6), no person may
2441 contest the board of trustees' approval or denial of withdrawal for any cause.
2442 Section 49. Section 17B-1-1308 is amended to read:
2443 17B-1-1308. Dissolution resolution -- Limitations on dissolution -- Distribution of

2444 remaining assets -- Notice of dissolution to lieutenant governor.
2445 (1) After the public hearing required under Section 17B-1-1306 and subject to
2446 Subsection (2), the administrative body may adopt a resolution approving dissolution of the
2447 local district.
2448 (2) A resolution under Subsection (1) may not be adopted unless:
2449 (a) any outstanding debt of the local district is:
2450 (i) satisfied and discharged in connection with the dissolution; or
2451 (ii) assumed by another governmental entity with the consent of all the holders of that
2452 debt and all the holders of other debts of the local district;
2453 (b) for a local district that has provided service during the preceding three years or
2454 undertaken planning or other activity preparatory to providing service:
2455 (i) another entity has committed to provide the same service to the area being served or
2456 proposed to be served by the local district; and
2457 (ii) all who are to receive the service have consented to the service being provided by
2458 the other entity; and
2459 (c) all outstanding contracts to which the local district is a party are resolved through
2460 mutual termination or the assignment of the district's rights, duties, privileges, and
2461 responsibilities to another entity with the consent of the other parties to the contract.
2462 (3) (a) (i) Any assets of the local district remaining after paying all debts and other
2463 obligations of the local district shall be used to pay costs associated with the dissolution
2464 process under this part.
2465 (ii) Any costs of the dissolution process remaining after exhausting the remaining
2466 assets of the local district under Subsection (3)(a)(i) shall be paid by the administrative body.
2467 (b) Any assets of the local district remaining after application of Subsection (3)(a) shall
2468 be distributed:
2469 (i) proportionately to the owners of real property within the dissolved local district if
2470 there is a readily identifiable connection between a financial burden borne by the real property
2471 owners in the district and the remaining assets; or
2472 (ii) except as provided in Subsection (3)(b)(i), to each county, city, or town in which
2473 the dissolved local district was located before dissolution in the same proportion that the land
2474 area of the local district located within the unincorporated area of the county or within the city

2475 or town bears to the total local district land area.
2476 (4) (a) [Within 30 days after adopting a resolution approving dissolution of the local
2477 district, the] The administrative body shall [file a notice]:
2478 (i) within 30 days after adopting a resolution approving dissolution, file with the
2479 lieutenant governor[.] a copy of a notice of an impending boundary action, as defined in
2480 Section 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
2481 [(b) The notice required under Subsection (4)(a) shall:]
2482 [(i) be accompanied by a copy of the board resolution approving the dissolution; and]
2483 [(ii) include a certification by the administrative body that all requirements for the
2484 dissolution have been complied with.]
2485 (ii) upon the lieutenant governor's issuance of a certificate of dissolution under Section
2486 67-1a-6.5 :
2487 (A) if the local district was located within the boundary of a single county, submit to
2488 the recorder of that county:
2489 (I) the original:
2490 (Aa) notice of an impending boundary action; and
2491 (Bb) certificate of dissolution; and
2492 (II) a certified copy of the resolution adopted under Subsection (1); or
2493 (B) if the local district was located within the boundaries of more than a single county:
2494 (I) submit to the recorder of one of those counties:
2495 (Aa) the original of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa) and (Bb);
2496 and
2497 (Bb) a certified copy of the resolution adopted under Subsection (1); and
2498 (II) submit to the recorder of each other county:
2499 (Aa) a certified copy of the documents listed in Subsection (4)(a)(ii)(A)(I)(Aa) and
2500 (Bb); and
2501 (Bb) a certified copy of the resolution adopted under Subsection (1).
2502 [(c)] (b) Upon the lieutenant governor's issuance of the certificate of dissolution under
2503 Section 67-1a-6.5 , the local district is dissolved.
2504 Section 50. Section 17C-1-201 is amended to read:
2505 17C-1-201. Creation of agency -- Notice to lieutenant governor.

2506 (1) [Subject to Subsection (2), a] A community may, by ordinance adopted by its
2507 legislative body, [create] approve the creation of a community development and renewal
2508 agency.
2509 (2) (a) [Within ten days after adopting an ordinance under Subsection (1), the] The
2510 community legislative body shall:
2511 (i) within ten days after adopting an ordinance under Subsection (1), file with the
2512 lieutenant governor [a notice of the adoption of the ordinance, with a copy of the ordinance.]:
2513 (A) a copy of a notice of an impending boundary action, as defined in Section
2514 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
2515 (B) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
2516 (ii) upon the lieutenant governor's issuance of a certificate of creation under Section
2517 67-1a-6.5 , submit to the recorder of the county in which the agency is located:
2518 (A) the original notice of an impending boundary action;
2519 (B) the original certificate of creation;
2520 (C) the original approved final local entity plat; and
2521 (D) a certified copy of the ordinance approving the creation of the community
2522 development and renewal agency.
2523 (b) Upon the lieutenant governor's issuance of the certificate of creation under Section
2524 67-1a-6.5 , the agency is created and incorporated.
2525 (c) Until the documents listed in Subsection (2)(a)(ii) are recorded in the office of the
2526 recorder of the county in which the property is located, an agency may not receive or spend tax
2527 increment funds.
2528 (3) (a) An agency may approve a change in its name, whether to indicate it is a
2529 community development and renewal agency or otherwise, by:
2530 (i) adopting a resolution [setting forth its new] approving a name change; and
2531 (ii) filing [the resolution] with the lieutenant governor[, the State Tax Commission, the
2532 State Board of Education, and the assessor of the county in which the agency is located.] a copy
2533 of a notice of an impending name change, as defined in Section 67-1a-6.7 , that meets the
2534 requirements of Subsection 67-1a-6.7 (3).
2535 (b) (i) Upon the lieutenant governor's issuance of a certificate of name change under
2536 Section 67-1a-6.7 , the agency shall file with the recorder of the county in which the agency is

2537 located:
2538 (A) the original notice of an impending name change;
2539 (B) the original certificate of name change; and
2540 (c) a certified copy of the resolution approving a name change.
2541 (ii) Until the documents listed in Subsection (3)(b)(i) are recorded in the office of the
2542 county recorder, the agency may not operate under the new name.
2543 Section 51. Section 17C-1-701 is amended to read:
2544 17C-1-701. Dissolution by ordinance -- Restrictions -- Filing copy of ordinance --
2545 Agency records -- Dissolution expenses.
2546 (1) (a) Subject to Subsection (1)(b), the legislative body of the community that created
2547 an agency may, by ordinance, [deactivate and dissolve] approve the deactivation and
2548 dissolution of the agency.
2549 (b) An ordinance [dissolving] under Subsection (1)(a) approving the deactivation and
2550 dissolution of an agency may not be adopted unless the agency has no outstanding bonded
2551 indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual
2552 obligations with persons or entities other than the community.
2553 (2) (a) [Within ten days after adopting an ordinance under Subsection (1), the] The
2554 community legislative body shall [file a certified copy of the ordinance]:
2555 (i) within ten days after adopting an ordinance under Subsection (1), file with the
2556 lieutenant governor[.] a copy of a notice of an impending boundary action, as defined in
2557 Section 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
2558 (ii) upon the lieutenant governor's issuance of a certificate of dissolution under Section
2559 67-1a-6.5 , submit to the recorder of the county in which the agency is located:
2560 (A) the original notice of an impending boundary action;
2561 (B) the original certificate of dissolution; and
2562 (C) a certified copy of the ordinance approving the deactivation and dissolution of the
2563 agency.
2564 (b) Upon the lieutenant governor's issuance of the certificate of dissolution under
2565 Section 67-1a-6.5 , the agency is dissolved.
2566 (c) Within ten days after receiving the certificate of dissolution from the lieutenant
2567 governor under Section 67-1a-6.5 , the community legislative body shall send a copy of the

2568 certificate of dissolution and the ordinance adopted under Subsection (1) to the State Board of
2569 Education, and each taxing entity.
2570 (d) The community legislative body shall publish a notice of dissolution in a
2571 newspaper of general circulation in the county in which the dissolved agency is located.
2572 (3) The books, documents, records, papers, and seal of each dissolved agency shall be
2573 deposited for safekeeping and reference with the recorder of the community that dissolved the
2574 agency.
2575 (4) The agency shall pay all expenses of the deactivation and dissolution.
2576 Section 52. Section 17D-1-204 is amended to read:
2577 17D-1-204. Prerequisites for adopting a resolution or ordinance creating a special
2578 service district.
2579 Before the legislative body of a county or municipality may adopt a resolution or
2580 ordinance under Section 17D-1-208 [creating] approving the creation of a special service
2581 district:
2582 (1) the clerk or recorder, as the case may be, of the county or municipality shall give
2583 written notice as provided in Section 17D-1-205 ;
2584 (2) the legislative body shall hold a public hearing, as provided in Section 17D-1-207 ;
2585 and
2586 (3) the period for filing protests under Section 17D-1-206 shall have passed without
2587 adequate protests having been filed.
2588 Section 53. Section 17D-1-208 is amended to read:
2589 17D-1-208. Adoption of a resolution or ordinance creating a special service
2590 district.
2591 (1) Subject to the provisions of and as provided in this part, the legislative body of a
2592 county or municipality may adopt a resolution or ordinance [creating] approving the creation of
2593 a special service district.
2594 (2) (a) Subject to Subsection (2)(b), a resolution or ordinance adopted by a legislative
2595 body under Subsection (1) may contain changes from the proposal as set forth in a resolution
2596 under Subsection 17D-1-203 (1)(a) or a petition under Subsection 17D-1-203 (1)(b), including
2597 changes in:
2598 (i) the boundary of the special service district; and

2599 (ii) the services to be provided by the special service district.
2600 (b) The legislative body of a county or municipality may not adopt a resolution or
2601 ordinance under Subsection (1) that [creates] approves the creation of a special service district
2602 with a boundary that includes more area than is included in, or that authorizes the special
2603 service district to provide a service not proposed in, a resolution under Subsection
2604 17D-1-203 (1)(a) or a petition under Subsection 17D-1-203 (1)(b), unless the requirements of
2605 Sections 17D-1-205 , 17D-1-206 , and 17D-1-207 are met with respect to the additional area or
2606 service, as the case may be.
2607 Section 54. Section 17D-1-209 is amended to read:
2608 17D-1-209. Notice to lieutenant governor.
2609 (1) [Within 30 days after adopting a resolution or ordinance under Subsection
2610 17D-1-208 (1) creating a special service district, the] The legislative body adopting [the] a
2611 resolution or ordinance [shall file a notice] approving the creation of a special service district
2612 shall:
2613 (a) within 30 days after adopting the resolution or ordinance, file with the lieutenant
2614 governor[.]:
2615 [(2) Each notice under Subsection (1) shall:]
2616 [(a) be accompanied by:]
2617 [(i) a copy of the resolution or ordinance creating the special service district; and]
2618 [(ii) a map showing the boundaries of the special service district, prepared and certified
2619 by a licensed surveyor and filed with the county surveyor in accordance with Section 17-23-17 ;
2620 and]
2621 [(b) include the legislative body's certification that all requirements for the creation of
2622 the special service district have been met.]
2623 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
2624 that meets the requirements of Subsection 67-1a-6.5 (3); and
2625 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
2626 (b) upon the lieutenant governor's issuance of a certificate of incorporation under
2627 Section 67-1a-6.5 , submit to the recorder of the county in which the special service district is
2628 located:
2629 (i) the original notice of an impending boundary action;

2630 (ii) the original certificate of incorporation;
2631 (iii) the original approved final local entity plat; and
2632 (iv) a certified copy of the resolution or ordinance approving the creation of the special
2633 service district.
2634 [(3)] (2) (a) Upon the lieutenant governor's issuance of a certificate of creation under
2635 Section 67-1a-6.5 , the special service district is created and incorporated.
2636 (b) (i) The effective date of a special service district's incorporation for purposes of
2637 assessing property within the special service district is governed by Section 59-2-305.5 .
2638 (ii) Until the documents listed in Subsection (1)(b) are recorded in the office of the
2639 recorder of the county in which the property is located:
2640 (A) the county, city, or town that created the special service district may not levy or
2641 collect a property tax for special service district purposes on property within the special service
2642 district; and
2643 (B) the special service district may not:
2644 (I) levy or collect an assessment on property within the special service district; or
2645 (II) charge or collect a fee for service provided to property within the special service
2646 district.
2647 Section 55. Section 17D-1-403 is amended to read:
2648 17D-1-403. Notice of annexation to lieutenant governor -- Lieutenant governor
2649 certification.
2650 (1) If a county or municipal legislative body adopts a resolution approving the
2651 annexation of an area to an existing special service district, the legislative body shall[,]:
2652 (a) within 30 days after adopting the resolution, file [a notice] with the lieutenant
2653 governor[.]:
2654 [(2) Each notice under Subsection (1) shall:]
2655 [(a) be accompanied by:]
2656 [(i) a copy of the resolution adopted by the legislative body approving the annexation;
2657 and]
2658 [(ii) a map showing the additional area to be annexed to the special service district,
2659 prepared and certified by a licensed surveyor and filed with the county surveyor in accordance
2660 with Section 17-23-17 ; and]

2661 [(b) include the legislative body's certification that all requirements for the annexation
2662 of the additional area have been met.]
2663 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
2664 that meets the requirements of Subsection 67-1a-6.5 (3); and
2665 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
2666 (b) upon the lieutenant governor's issuance of a certificate of annexation under Section
2667 67-1a-6.5 , submit to the recorder of the county in which the special service district is located:
2668 (i) the original notice of an impending boundary action;
2669 (ii) the original certificate of annexation;
2670 (iii) the original approved final local entity plat; and
2671 (iv) a certified copy of the resolution approving the annexation.
2672 (3) (a) Upon the lieutenant governor's issuance of the certificate of [boundary change]
2673 annexation under Section 67-1a-6.5 , the additional area that is the subject of the legislative
2674 body's resolution is annexed to the special service district.
2675 (b) (i) The effective date of an annexation under this section for purposes of assessing
2676 property within the annexed area is governed by Section 59-2-305.5 .
2677 (ii) Until the documents listed in Subsection (1)(b) are recorded in the office of the
2678 recorder of the county in which the property is located:
2679 (A) the county, city, or town that created the special service district may not levy or
2680 collect a property tax for special service district purposes on property within the annexed area;
2681 and
2682 (B) the special service district may not:
2683 (I) levy or collect an assessment on property within the annexed area; or
2684 (II) charge or collect a fee for service provided to property within the annexed area.
2685 (iii) Subsection (3)(b)(ii)(B)(II):
2686 (A) may not be construed to limit a special service district's ability before annexation to
2687 charge and collect a fee for service provided to property that is outside the special service
2688 district's boundary; and
2689 (B) does not apply until 60 days after the effective date, under Subsection (3)(a), of the
2690 special service district's annexation, with respect to a fee that the special service district was
2691 charging for service provided to property within the annexed area immediately before the area

2692 was annexed to the special service district.
2693 Section 56. Section 17D-1-603 is amended to read:
2694 17D-1-603. Notice of adoption of resolution approving a withdrawal or
2695 dissolution -- Lieutenant governor certificate -- Effective date of withdrawal or
2696 dissolution.
2697 (1) [Within 30 days after adopting] If a county or municipal legislative body adopts a
2698 resolution approving the withdrawal of an area from a special service district or the dissolution
2699 of a special service district, the county or municipal legislative body, as the case may be, shall
2700 [file a notice]:
2701 (a) within 30 days after adopting the resolution, file with the lieutenant governor[.]:
2702 [(2) Each notice under Subsection (1) shall:]
2703 [(a) be accompanied by:]
2704 [(i) a copy of the resolution approving the withdrawal or dissolution; and]
2705 [(ii) in the case of a withdrawal, a map showing the area to be withdrawn, prepared and
2706 certified by a licensed surveyor and filed with the county surveyor in accordance with Section
2707 17-23-17 ; and]
2708 [(b) include the legislative body's certification that all requirements for the withdrawal
2709 or dissolution have been met.]
2710 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
2711 that meets the requirements of Subsection 67-1a-6.5 (3); and
2712 (ii) in the case of a withdrawal, a copy of an approved final local entity plat, as defined
2713 in Section 67-1a-6.5 ; and
2714 (b) upon the lieutenant governor's issuance of a certificate of withdrawal or dissolution,
2715 as the case may be, under Section 67-1a-6.5 , submit to the recorder of the county in which the
2716 special service district is located:
2717 (i) the original notice of an impending boundary action;
2718 (ii) the original certificate of withdrawal or dissolution, as the case may be;
2719 (iii) in the case of a withdrawal, the original approved final local entity plat; and
2720 (iv) a certified copy of the resolution approving the withdrawal or dissolution.
2721 [(3)] (2) (a) Upon the lieutenant governor's issuance of the certificate of withdrawal
2722 under Section 67-1a-6.5 , the area to be withdrawn that is the subject of the legislative body's

2723 resolution is withdrawn from the special service district.
2724 (b) Upon the lieutenant governor's issuance of the certificate of dissolution under
2725 Section 67-1a-6.5 , the special service district is dissolved.
2726 Section 57. Section 17D-3-203 is amended to read:
2727 17D-3-203. Considerations in determining whether to approve conservation
2728 district creation, consolidation, division, or dissolution -- Denial or approval --
2729 Certification to lieutenant governor -- Prohibition against considering similar creation,
2730 consolidation, division, or dissolution if previously denied.
2731 (1) In determining whether to approve the creation of a conservation district, the
2732 consolidation of existing conservation districts, or the division or dissolution of an existing
2733 conservation district, the commission shall consider:
2734 (a) the demonstrated necessity and administrative practicality of the creation,
2735 consolidation, division, or dissolution;
2736 (b) the topography of and soil compositions and prevailing land use practices within
2737 the area of the proposed or existing conservation district or districts;
2738 (c) the hydrologic unit code of the watershed in which the area of the proposed or
2739 existing conservation district or districts is located;
2740 (d) the relationship of the area of the proposed or existing conservation district or
2741 districts to existing watersheds and agricultural regions; and
2742 (e) the sentiment expressed by persons within the area of the proposed or existing
2743 conservation district or districts with respect to the proposed creation, consolidation, division,
2744 or dissolution.
2745 (2) After holding a public hearing as required under Subsection 17D-3-201 (2)(b) and
2746 considering the factors listed in Subsection (1), the commission shall:
2747 (a) (i) [deny] disapprove the creation of a conservation district, the consolidation of
2748 existing conservation districts, or the division or dissolution of an existing conservation
2749 district, as the case may be, if the commission determines that creation, consolidation, division,
2750 or dissolution is not necessary or administratively practical; or
2751 (ii) approve the creation of a conservation district, the consolidation of existing
2752 conservation districts, or the division or dissolution of an existing conservation district, as the
2753 case may be, if the commission determines that creation, consolidation, division, or dissolution

2754 is necessary and administratively practical; and
2755 (b) set forth in writing the reasons for the commission's action.
2756 (3) (a) [(i)] If the commission approves the creation, consolidation, division, or
2757 dissolution, the commission shall [certify its action and]:
2758 (i) deliver [a copy of the certification] to the lieutenant governor[.]:
2759 [(ii) Each certification under Subsection (3)(a)(i) of a creation, consolidation, or
2760 division shall include an accurate legal description of the conservation district or districts as it
2761 or they are proposed to exist as a result of the creation, consolidation, or division.]
2762 (A) a copy of a notice of an impending boundary action, as defined in Section
2763 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
2764 (B) except in the case of a dissolution, a copy of an approved final local entity plat, as
2765 defined in Section 67-1a-6.5 ; and
2766 (ii) upon the lieutenant governor's issuance of a certificate of boundary action under
2767 Section 67-1a-6.5 :
2768 (A) if the conservation district is or, in the case of dissolution, was located within the
2769 boundary of a single county, submit to the recorder of that county:
2770 (I) the original:
2771 (Aa) notice of an impending boundary action;
2772 (Bb) certificate of boundary action; and
2773 (Cc) except in the case of dissolution, approved final local entity plat; and
2774 (II) a certified copy of the document that the commission adopted approving the
2775 boundary action; or
2776 (B) if the conservation district is or, in the case of a dissolution, was located within the
2777 boundaries of more than a single county:
2778 (I) submit to the recorder of one of those counties:
2779 (Aa) the original of the documents listed in Subsections (3)(a)(ii)(A)(I)(Aa), (Bb), and
2780 (Cc); and
2781 (Bb) a certified copy of the document that the commission adopted approving the
2782 boundary action; and
2783 (II) submit to the recorder of each other county:
2784 (Aa) a certified copy of the documents listed in Subsection (3)(a)(ii)(A)(I)(Aa), (Bb),

2785 and (Cc); and
2786 (Bb) a certified copy of the document that the commission adopted approving the
2787 boundary action.
2788 (b) Upon the lieutenant governor's issuance of the certificate of creation, consolidation,
2789 division, or dissolution under Section 67-1a-6.5 , as the case may be, the conservation district is
2790 created and incorporated, consolidated, divided, or dissolved, respectively.
2791 (4) If the commission [denies] disapproves a creation, consolidation, division, or
2792 dissolution under Subsection (2)(a)(i), the commission may not, for six months following the
2793 denial, consider a similar proposal to create, divide, or dissolve the conservation district or to
2794 consolidate the conservation districts, as the case may be.
2795 Section 58. Section 53A-2-101.5 is amended to read:
2796 53A-2-101.5. Notice of school district boundary changes including creation,
2797 consolidation, division, or dissolution.
2798 (1) [Within 30 days after the creation, consolidation, division, or dissolution of a
2799 school district, or any other change affecting the boundary of a new or existing school district,
2800 the] The county legislative body shall [file a written notice of the action]:
2801 (a) within 30 days after the creation, consolidation, division, or dissolution of a school
2802 district, file with the lieutenant governor[.]:
2803 [(2) The notice under Subsection (1) shall be accompanied by an accurate map or plat
2804 showing the boundaries of the affected school districts, prepared and certified by a local
2805 surveyor and filed with the county surveyor in accordance with Section 17-23-17 .]
2806 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
2807 that meets the requirements of Subsection 67-1a-6.5 (3); and
2808 (ii) except in the case of a dissolution, a copy of an approved final local entity plat, as
2809 defined in Section 67-1a-6.5 ; and
2810 (b) upon the lieutenant governor's issuance of a certificate of boundary action under
2811 Section 67-1a-6.5 :
2812 (i) if the school district is or, in the case of dissolution, was located within the
2813 boundary of a single county, submit to the recorder of that county:
2814 (A) the original:
2815 (I) notice of an impending boundary action;

2816 (II) certificate of boundary action; and
2817 (III) except in the case of dissolution, approved final local entity plat; and
2818 (B) if applicable, a certified copy of the resolution approving the boundary action; or
2819 (ii) if the school district is or, in the case of a dissolution, was located within the
2820 boundaries of more than a single county:
2821 (A) submit to the recorder of one of those counties:
2822 (I) the original of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and
2823 (II) if applicable, a certified copy of the resolution approving the boundary action; and
2824 (B) submit to the recorder of each other county:
2825 (I) a certified copy of the documents listed in Subsection (1)(b)(i)(A)(I), (II), and (III);
2826 and
2827 (II) if applicable, a certified copy of the resolution approving the boundary action.
2828 [(3)] (2) (a) Upon the lieutenant governor's issuance of the certificate under Section
2829 67-1a-6.5 , the creation, consolidation, division, dissolution, or other change affecting the
2830 boundary of a new or existing school district that was the subject of the action has legal effect.
2831 (b) (i) As used in this Subsection (2)(b), "affected area" means:
2832 (A) in the case of the creation of a school district, the area within the school district's
2833 boundary;
2834 (B) in the case of the consolidation of multiple school districts, the area within the
2835 boundary of each school district that is consolidated into another school district;
2836 (C) in the case of the division of a school district, the area within the boundary of the
2837 school district created by the division; and
2838 (D) in the case of an addition to an existing school district, the area added to the school
2839 district.
2840 (ii) The effective date of a boundary action, as defined in Section 17-23-20 , for
2841 purposes of assessing property within the school district is governed by Section 59-2-305.5 .
2842 (iii) Until the documents listed in Subsection (1)(b) are recorded in the office of the
2843 recorder of each county in which the property is located, a school district may not levy or
2844 collect a property tax on property within the affected area.
2845 Section 59. Section 53A-2-118 is amended to read:
2846 53A-2-118. Creation of new school district -- Initiation of process -- Procedures

2847 to be followed.
2848 (1) A new school district may be created from one or more existing school districts, as
2849 provided in this section.
2850 (2) (a) The process to create a new school district may be initiated:
2851 (i) through a citizens' initiative petition;
2852 (ii) at the request of the board of the existing district or districts to be affected by the
2853 creation of the new district; or
2854 (iii) at the request of a city within the boundaries of the school district or at the request
2855 of interlocal agreement participants, pursuant to Section 53A-2-118.1 .
2856 (b) (i) Each petition submitted under Subsection (2)(a)(i) shall be signed by qualified
2857 electors residing within the geographical boundaries of the proposed new school district equal
2858 in number to at least 15% of the number of electors in the area who voted for the office of
2859 governor at the last regular general election.
2860 (ii) Each request or petition submitted under Subsection (2)(a) shall:
2861 (A) be filed with the clerk of each county in which any part of the proposed new school
2862 district is located;
2863 (B) indicate the typed or printed name and current residence address of each governing
2864 board member making a request, or registered voter signing a petition, as the case may be;
2865 (C) describe the proposed new school district boundaries; and
2866 (D) designate up to five signers of the petition or request as sponsors, one of whom
2867 shall be designated as the contact sponsor, with the mailing address and telephone number of
2868 each.
2869 (c) A signer of a petition under Subsection (2)(a)(i) may withdraw or, once withdrawn,
2870 reinstate the signer's signature at any time before the filing of the petition by filing a written
2871 withdrawal or reinstatement with the county clerk.
2872 (d) The process under Subsection (2)(a)(i) may only be initiated once during any
2873 four-year period.
2874 (e) A new district may not be formed pursuant to Subsection (2)(a) if the student
2875 population of the proposed new district is less than 3,000 or the existing district's student
2876 population would be less than 3,000 because of the creation of the new school district.
2877 (f) Within 45 days after the filing of a petition under Subsection (2)(a)(i) or five

2878 business days after the filing of a request under Subsection (2)(a)(ii) or (iii), the clerk of each
2879 county with which a request or petition is filed shall:
2880 (i) determine whether the request or petition complies with Subsections (2)(a), (b), (d),
2881 and (e), as applicable; and
2882 (ii) (A) if the county clerk determines that the request or petition complies with the
2883 applicable requirements:
2884 (I) certify the request or petition and deliver the certified request or petition to the
2885 county legislative body; and
2886 (II) mail or deliver written notification of the certification to the contact sponsor; or
2887 (B) if the county clerk determines that the request or petition fails to comply with any
2888 of the applicable requirements, reject the request or petition and notify the contact sponsor in
2889 writing of the rejection and reasons for the rejection.
2890 (g) If the county clerk fails to certify or reject a request or petition within the time
2891 specified in Subsection (2)(f), the request or petition shall be considered to be certified.
2892 (h) (i) If the county clerk rejects a request or petition, the request or petition may be
2893 amended to correct the deficiencies for which it was rejected and then refiled.
2894 (ii) Subsection (2)(d) does not apply to a request or petition that is amended and refiled
2895 after having been rejected by a county clerk.
2896 (i) If a county legislative body receives a request from a school board under Subsection
2897 (2)(a)(ii) or a petition under Subsection (2)(a)(i) which is certified by the county clerk on or
2898 before December 1:
2899 (i) the county legislative body shall appoint an ad hoc advisory committee, as provided
2900 by Subsection (3), on or before January 1;
2901 (ii) the ad hoc advisory committee shall submit its report and recommendations to the
2902 county legislative body, as provided by Subsection (3), on or before July 1; and
2903 (iii) if the legislative body of each county with which a request or petition is filed
2904 approves a proposal to create a new district, the proposal shall be submitted to the respective
2905 county clerk to be voted on by the electors of each existing district at the regular general or
2906 municipal general election held in November.
2907 (3) (a) The legislative body of each county with which a request or petition is filed
2908 shall appoint an ad hoc advisory committee to review and make recommendations on a request

2909 for the creation of a new school district submitted under Subsection (2)(a)(i) or (ii).
2910 (b) The advisory committee shall:
2911 (i) seek input from:
2912 (A) those requesting the creation of the new school district;
2913 (B) the school board and school personnel of each existing school district;
2914 (C) those citizens residing within the geographical boundaries of each existing school
2915 district;
2916 (D) the State Board of Education; and
2917 (E) other interested parties;
2918 (ii) review data and gather information on at least:
2919 (A) the financial viability of the proposed new school district;
2920 (B) the proposal's financial impact on each existing school district;
2921 (C) the exact placement of school district boundaries; and
2922 (D) the positive and negative effects of creating a new school district and whether the
2923 positive effects outweigh the negative if a new school district were to be created; and
2924 (iii) make a report to the county legislative body in a public meeting on the committee's
2925 activities, together with a recommendation on whether to create a new school district.
2926 (4) For a request or petition submitted under Subsection (2)(a)(i) or (2)(a)(ii):
2927 (a) The county legislative body shall provide for a 45-day public comment period on
2928 the report and recommendation to begin on the day the report is given under Subsection
2929 (3)(b)(iii).
2930 (b) Within 14 days after the end of the comment period, the legislative body of each
2931 county with which a request or petition is filed shall vote on the creation of the proposed new
2932 school district.
2933 (c) The proposal is approved if a majority of the members of the legislative body of
2934 each county with which a request or petition is filed votes in favor of the proposal.
2935 (d) If the proposal is approved, the legislative body of each county with which a
2936 request or petition is filed shall submit the proposal to the county clerk to be voted on:
2937 (i) by the legal voters of each existing school district;
2938 (ii) in accordance with the procedures and requirements applicable to a regular general
2939 election under Title 20A, Election Code; and

2940 (iii) at the next regular general election or municipal general election, whichever is
2941 first.
2942 (e) Creation of the new school district shall occur if a majority of the electors within
2943 both the proposed school district and each remaining school district voting on the proposal vote
2944 in favor of the creation of the new district.
2945 (f) Each county legislative body shall [provide notice of the action as required in]
2946 comply with the requirements of Section 53A-2-101.5 .
2947 (g) If a proposal submitted under Subsection (2)(a)(i) or (ii) to create a new district is
2948 approved by the electors, the existing district's documented costs to study and implement the
2949 proposal shall be reimbursed by the new district.
2950 (5) (a) If a proposal submitted under Subsection (2)(a)(iii) is certified under Subsection
2951 (2)(f) or (g), the legislative body of each county in which part of the proposed new school
2952 district is located shall submit the proposal to the respective clerk of each county to be voted
2953 on:
2954 (i) by the legal voters residing within the proposed new school district boundaries;
2955 (ii) in accordance with the procedures and requirements applicable to a regular general
2956 election under Title 20A, Election Code; and
2957 (iii) at the next regular general election or municipal general election, whichever is
2958 first.
2959 (b) (i) If a majority of the legal voters within the proposed new school district
2960 boundaries voting on the proposal at an election under Subsection (5)(a) vote in favor of the
2961 creation of the new district:
2962 (A) each county legislative body shall[, within 60 days after the canvass date, file with
2963 the lieutenant governor the written notice, with the accompanying map or plat, required under]
2964 comply with the requirements of Section 53A-2-101.5 ; and
2965 (B) upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5 ,
2966 the new district is created.
2967 (ii) Notwithstanding the creation of a new district as provided in Subsection
2968 (5)(b)(i)(B):
2969 (A) a new school district may not begin to provide educational services to the area
2970 within the new district until July 1 of the second calendar year following the creation election

2971 date;
2972 (B) a remaining district may not begin to provide educational services to the area
2973 within the remaining district until the time specified in Subsection (5)(b)(ii)(A); and
2974 (C) each existing district shall continue, until the time specified in Subsection
2975 (5)(b)(ii)(A), to provide educational services within the entire area covered by the existing
2976 district.
2977 Section 60. Section 53A-2-118.1 is amended to read:
2978 53A-2-118.1. Option for school district creation.
2979 (1) (a) After conducting a feasibility study, a city with a population of at least 50,000,
2980 as determined by the lieutenant governor using the process described in Subsection
2981 [ 10-2-302 (2)] 67-1a-2 (3), may by majority vote of the legislative body, submit for voter
2982 approval a measure to create a new school district with boundaries contiguous with that city's
2983 boundaries, in accordance with Section 53A-2-118 .
2984 (b) (i) The determination of all matters relating to the scope, adequacy, and other
2985 aspects of a feasibility study under Subsection (1)(a) is within the exclusive discretion of the
2986 city's legislative body.
2987 (ii) An inadequacy of a feasibility study under Subsection (1)(a) may not be the basis of
2988 a legal action or other challenge to:
2989 (A) an election for voter approval of the creation of a new school district; or
2990 (B) the creation of the new school district.
2991 (2) (a) By majority vote of the legislative body, a city of any class, a town, or a county,
2992 may, together with one or more other cities, towns, or the county enter into an interlocal
2993 agreement, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the purpose
2994 of submitting for voter approval a measure to create a new school district.
2995 (b) (i) In accordance with Section 53A-2-118 , interlocal agreement participants under
2996 Subsection (2)(a) may submit a proposal for voter approval if:
2997 (A) the interlocal agreement participants conduct a feasibility study prior to submitting
2998 the proposal to the county;
2999 (B) the combined population within the proposed new school district boundaries is at
3000 least 50,000;
3001 (C) the new school district boundaries:

3002 (I) are contiguous;
3003 (II) do not completely surround or otherwise completely geographically isolate a
3004 portion of an existing school district that is not part of the proposed new school district from
3005 the remaining part of that existing school district, except as provided in Subsection (2)(d)(iii);
3006 (III) include the entire boundaries of each participant city or town, except as provided
3007 in Subsection (2)(d)(ii); and
3008 (IV) subject to Subsection (2)(b)(ii), do not cross county lines; and
3009 (D) the combined population within the proposed new school district of interlocal
3010 agreement participants that have entered into an interlocal agreement proposing to create a new
3011 school district is at least 80% of the total population of the proposed new school district.
3012 (ii) The determination of all matters relating to the scope, adequacy, and other aspects
3013 of a feasibility study under Subsection (2)(b)(i)(A), including whether to conduct a new
3014 feasibility study or revise a previous feasibility study due to a change in the proposed new
3015 school district boundaries, is within the exclusive discretion of the legislative bodies of the
3016 interlocal agreement participants that enter into an interlocal agreement to submit for voter
3017 approval a measure to create a new school district.
3018 (iii) An inadequacy of a feasibility study under Subsection (2)(b)(i)(A) may not be the
3019 basis of a legal action or other challenge to:
3020 (A) an election for voter approval of the creation of a new school district; or
3021 (B) the creation of the new school district.
3022 (iv) For purposes of determining whether the boundaries of a proposed new school
3023 district cross county lines under Subsection (2)(b)(i)(C)(IV):
3024 (A) a municipality located in more than one county and entirely within the boundaries
3025 of a single school district is considered to be entirely within the same county as other
3026 participants in an interlocal agreement under Subsection (2)(a) if more of the municipality's
3027 land area and population is located in that same county than outside the county; and
3028 (B) a municipality located in more than one county that participates in an interlocal
3029 agreement under Subsection (2)(a) with respect to some but not all of the area within the
3030 municipality's boundaries on the basis of the exception stated in Subsection (2)(d)(ii)(B) may
3031 not be considered to cross county lines.
3032 (c) (i) A county may only participate in an interlocal agreement under this Subsection

3033 (2) for the unincorporated areas of the county.
3034 (ii) Boundaries of a new school district created under this section may include:
3035 (A) a portion of one or more existing school districts; and
3036 (B) a portion of the unincorporated area of a county, including a portion of a township.
3037 (d) (i) As used in this Subsection (2)(d):
3038 (A) "Isolated area" means an area that:
3039 (I) is entirely within the boundaries of a municipality that, except for that area, is
3040 entirely within a school district different than the school district in which the area is located;
3041 and
3042 (II) would, because of the creation of a new school district from the existing district in
3043 which the area is located, become completely geographically isolated.
3044 (B) "Municipality's school district" means the school district that includes all of the
3045 municipality in which the isolated area is located except the isolated area.
3046 (ii) Notwithstanding Subsection (2)(b)(i)(C)(III), a municipality may be a participant in
3047 an interlocal agreement under Subsection (2)(a) with respect to some but not all of the area
3048 within the municipality's boundaries if:
3049 (A) the portion of the municipality proposed to be included in the new school district
3050 would, if not included, become an isolated area upon the creation of the new school district; or
3051 (B) (I) the portion of the municipality proposed to be included in the new school
3052 district is within the boundaries of the same school district that includes the other interlocal
3053 agreement participants; and
3054 (II) the portion of the municipality proposed to be excluded from the new school
3055 district is within the boundaries of a school district other than the school district that includes
3056 the other interlocal agreement participants.
3057 (iii) (A) Notwithstanding Subsection (2)(b)(i)(C)(II), a proposal to create a new school
3058 district may be submitted for voter approval pursuant to an interlocal agreement under
3059 Subsection (2)(a), even though the new school district boundaries would create an isolated
3060 area, if:
3061 (I) the potential isolated area is contiguous to one or more of the interlocal agreement
3062 participants;
3063 (II) the interlocal participants submit a written request to the municipality in which the

3064 potential isolated area is located, requesting the municipality to enter into an interlocal
3065 agreement under Subsection (2)(a) that proposes to submit for voter approval a measure to
3066 create a new school district that includes the potential isolated area; and
3067 (III) 90 days after a request under Subsection (2)(d)(iii)(A)(II) is submitted, the
3068 municipality has not entered into an interlocal agreement as requested in the request.
3069 (B) Each municipality receiving a request under Subsection (2)(d)(iii)(A)(II) shall hold
3070 one or more public hearings to allow input from the public and affected school districts
3071 regarding whether or not the municipality should enter into an interlocal agreement with
3072 respect to the potential isolated area.
3073 (C) (I) This Subsection (2)(d)(iii)(C) applies if:
3074 (Aa) a new school district is created under this section after a measure is submitted to
3075 voters based on the authority of Subsection (2)(d)(iii)(A); and
3076 (Bb) the creation of the new school district results in an isolated area.
3077 (II) The isolated area shall, on July 1 of the second calendar year following the creation
3078 election date, become part of the municipality's school district.
3079 (III) Unless the isolated area is the only remaining part of the existing district, the
3080 process described in Subsection (4) shall be modified to:
3081 (Aa) include a third transition team, appointed by the school district board of the
3082 municipality's school district, to represent that school district;
3083 (Bb) require allocation of the existing district's property among the new district, the
3084 remaining district, and the municipality's school district;
3085 (Cc) require each of the three transition teams to appoint one member to the
3086 three-member arbitration panel, if an arbitration panel is established; and
3087 (Dd) require the municipality's school district to bear 1/3 of the costs of arbitration.
3088 (IV) The existing district shall continue to provide educational services to the isolated
3089 area until July 1 of the second calendar year following the creation election date.
3090 (3) (a) If a proposal under this section is approved by voters:
3091 (i) (A) subject to Subsection (3)(e):
3092 (I) each member of the board of the existing district who resides within the boundary of
3093 the new school district shall serve as an initial member of the new district board; and
3094 (II) each member of the board of the existing district who resides within the boundary

3095 of the remaining school district shall serve as an initial member of the remaining district board;
3096 and
3097 (B) an election shall be held on the June special election date, as provided in Section
3098 20A-1-204 , in the year following the creation election date, to elect:
3099 (I) all other members to the board of the new school district; and
3100 (II) all other members to the board of the remaining district;
3101 (ii) school district property shall be divided between the existing school district and the
3102 new school district as provided in Subsection (4);
3103 (iii) transferred employees shall be treated in accordance with Sections 53A-2-116 and
3104 53A-2-122 ;
3105 (iv) (A) an individual residing within the boundaries of a new school district at the
3106 time the new school district is created may, for six school years after the creation of the new
3107 school district, elect to enroll in a secondary school located outside the boundaries of the new
3108 school district if:
3109 (I) the individual resides within the boundaries of that secondary school as of the day
3110 before the new school district is created; and
3111 (II) the individual would have been eligible to enroll in that secondary school had the
3112 new school district not been created; and
3113 (B) the school district in which the secondary school is located shall provide
3114 educational services, including, if provided before the creation of the new school district,
3115 busing, to each individual making an election under Subsection (3)(a)(iv)(A) for each school
3116 year for which the individual makes the election; and
3117 (v) within one year after the new district begins providing educational services, the
3118 superintendent of each remaining district affected and the superintendent of the new district
3119 shall meet, together with the Superintendent of Public Instruction, to determine if further
3120 boundary changes should be proposed in accordance with Section 53A-2-104 .
3121 (b) Each member of a school district board of a new district and remaining district
3122 under Subsection (3)(a)(i) shall take office on July 15 immediately following the election under
3123 Subsection (3)(a)(i)(B).
3124 (c) (i) Subject to Subsection (3)(c)(ii), the terms of the initial members of the school
3125 district board of the new district and remaining district shall be staggered and adjusted by the

3126 county legislative body so that:
3127 (A) the school district board members' successors are elected at a future regular general
3128 election; and
3129 (B) the terms of their successors coincide with the schedule of terms for school district
3130 board members established in Section 20A-14-202 .
3131 (ii) (A) The term of a member under Subsection (3)(a)(i) may not be less than 17
3132 months.
3133 (B) In order to comply with the requirements of Subsection (3)(c)(i), the term of a
3134 member elected to a school district board at an election under Subsection (3)(a)(i)(B) held in an
3135 even-numbered year may exceed four years but may not exceed five years.
3136 (d) (i) The term of each member of the school district board of the existing district
3137 terminates on July 1 of the second year after the creation election date, regardless of when the
3138 term would otherwise have terminated.
3139 (ii) Notwithstanding the existence of a board for the new district and a board for the
3140 remaining district under Subsection (3)(a)(i), the board of the existing district shall continue,
3141 until the time specified in Subsection 53A-2-118 (5)(b)(ii)(A), to function and exercise
3142 authority as a board to the extent necessary to continue to provide educational services to the
3143 entire existing district.
3144 (iii) A person may simultaneously serve as a member of the board of an existing
3145 district and a member of the board of:
3146 (A) a new district; or
3147 (B) a remaining district.
3148 (e) If two or more members of an existing school district board reside within the same
3149 local school board district, as established by the county legislative body under Section
3150 20A-14-201 , of the new district or remaining district:
3151 (i) those board members shall stand for election at the same election at which the other
3152 board members are elected under Subsection (3)(a)(i)(B); and
3153 (ii) the board member receiving the highest number of votes is elected to the board of
3154 the new district or remaining district, as the case may be, for the local school board district in
3155 which the board member resides.
3156 (4) (a) Within 45 days after the canvass date:

3157 (i) a transition team to represent the remaining district shall be appointed by the
3158 members of the existing district board who reside within the area of the remaining district, in
3159 consultation with:
3160 (A) the legislative bodies of all municipalities in the area of the remaining district; and
3161 (B) the legislative body of the county in which the remaining district is located, if the
3162 remaining district includes one or more unincorporated areas of the county; and
3163 (ii) another transition team to represent the new district shall be appointed by:
3164 (A) for a new district located entirely within the boundaries of a single city, the
3165 legislative body of that city; or
3166 (B) for each other new district, the legislative bodies of all interlocal agreement
3167 participants.
3168 (b) The school district board of the existing school district shall, within 60 days after
3169 the canvass date:
3170 (i) prepare an inventory of the existing district's:
3171 (A) property, both tangible and intangible, real and personal; and
3172 (B) liabilities; and
3173 (ii) deliver a copy of the inventory to each of the transition teams.
3174 (c) (i) (A) The transition teams appointed under Subsection (4)(a) shall, subject to
3175 Subsection (4)(c)(iii):
3176 (I) determine the allocation of the existing district's property and, except for
3177 indebtedness under Section 53A-2-121 , liabilities between the remaining district and the new
3178 district in accordance with Subsection (4)(c)(ii);
3179 (II) prepare a written report detailing how the existing district's property and, except for
3180 indebtedness under Section 53A-2-121 , liabilities are to be allocated, including:
3181 (Aa) a designation of the property that should be transferred to the new district;
3182 (Bb) a designation of any property that should be shared between the remaining district
3183 and the new district; and
3184 (Cc) a designation of any property that will need to be allocated by arbitration under
3185 Subsection (4)(d); and
3186 (III) deliver a copy of the written report to:
3187 (Aa) the school district board of the existing district;

3188 (Bb) the school district board of the remaining district; and
3189 (Cc) the school district board of the new district.
3190 (B) The transition teams shall determine the allocation under Subsection (4)(c)(i)(A)(I)
3191 and deliver the report required under Subsection (4)(c)(i)(A)(II) before August 1 of the year
3192 following the election at which voters approve the creation of a new district, unless that
3193 deadline is extended by the mutual agreement of:
3194 (I) if the agreement is made before July 15 of the year following the creation election
3195 date:
3196 (Aa) the school district board of the existing district; and
3197 (Bb) [(aa)] (Ii) the legislative body of the city in which the new district is located, for a
3198 new district located entirely within a single city; or
3199 [(bb)] (IIii) the legislative bodies of all interlocal agreement participants, for each other
3200 new district; or
3201 (II) if the agreement is made on or after July 15 of the year following the creation
3202 election date:
3203 (Aa) the school district board of the remaining district; and
3204 (Bb) the school district board of the new district.
3205 (ii) Subject to Subsection (4)(c)(iii), all property, assets, and liabilities that the existing
3206 district owns on the allocation date, both tangible and intangible, real and personal, shall be
3207 allocated between the remaining district and the new district in a way that is fair and equitable
3208 to both the remaining district and the new district, taking into account:
3209 (A) the relative student populations between the remaining district and new district;
3210 (B) the relative assessed value of taxable property between the remaining district and
3211 the new district;
3212 (C) the historical amount of property used to deliver educational services to students in
3213 the remaining district and the new district;
3214 (D) any money made available for the use of the new district under Subsection (5);
3215 [and]
3216 (E) the agreed value of school buildings and associated property allocated to the
3217 remaining district and the new district under Subsection (4)(c)(iii)(A); and
3218 (F) any other factors that the transition teams consider relevant in dividing the property

3219 in a fair and equitable manner.
3220 (iii) (A) The transition teams shall allocate each school building and associated
3221 property used primarily to provide educational services to local residents and not serving
3222 district-wide purposes to the school district that would best serve the existing student
3223 population of that school building and associated property.
3224 (B) Except as provided in Subsection (4)(c)(iii)(A), nothing in this Subsection (4)(c)
3225 may be construed to limit the ability of the transition teams to:
3226 (I) provide that an existing district's property be shared by a remaining district and new
3227 district;
3228 (II) determine, by mutual agreement, that the value of the school buildings and
3229 associated property described in Subsection (4)(c)(iii)(A) may be excluded from consideration
3230 in the property allocation process under this Subsection (4)(c); or
3231 (III) provide for any other arrangement with respect to existing district property that is
3232 beneficial to and in the best interests of the remaining district and new district.
3233 (d) (i) Each disagreement between the transition teams about the proper allocation of
3234 property between the districts shall be resolved by binding arbitration to a three-member
3235 arbitration panel.
3236 (ii) Each transition team shall, no later than September 1 of the year after the creation
3237 election date, appoint one qualified, independent arbitrator to an arbitration panel under this
3238 Subsection (4)(d), and those two arbitrators shall, within 15 days after their appointment,
3239 appoint a third qualified, independent arbitrator.
3240 (iii) In the process of resolving a dispute between the transition teams, the arbitration
3241 panel may engage the services of one or more professionals to provide technical advice to the
3242 panel.
3243 (iv) The costs of arbitration shall initially be borne entirely by the existing district, but
3244 the new district shall reimburse the existing district half of those costs within one year after the
3245 new district begins providing educational services.
3246 (e) Each decision of the transition teams and of the arbitration panel resolving a
3247 disagreement between the transition teams is final and binding on the boards of the existing
3248 district, remaining district, and new district.
3249 (f) (i) All costs and expenses of the transition team that represents a remaining district

3250 shall be borne by the remaining district.
3251 (ii) All costs and expenses of the transition team that represents a new district shall
3252 initially be borne by:
3253 (A) the city whose legislative body appoints the transition team, if the transition team
3254 is appointed by the legislative body of a single city; or
3255 (B) the interlocal agreement participants, if the transition team is appointed by the
3256 legislative bodies of interlocal agreement participants .
3257 (iii) The new district may, to a maximum of $500,000, reimburse the city or interlocal
3258 agreement participants for:
3259 (A) transition team costs and expenses; and
3260 (B) startup costs and expenses incurred by the city or interlocal agreement participants
3261 on behalf of the new district.
3262 (5) (a) As used in this Subsection (5):
3263 (i) "New district startup costs" means:
3264 (A) costs and expenses incurred by a new district in order to prepare to begin providing
3265 educational services on July 1 of the second calendar year following the creation election date;
3266 and
3267 (B) the costs and expenses of the transition team that represents the new district.
3268 (ii) "Remaining district startup costs" means:
3269 (A) costs and expenses incurred by a remaining district in order to:
3270 (I) make necessary adjustments to deal with the impacts resulting from the creation of
3271 the new district; and
3272 (II) prepare to provide educational services within the remaining district once the new
3273 district begins providing educational services within the new district; and
3274 (B) the costs and expenses of the transition team that represents the remaining district.
3275 (b) (i) By July 25 of the year following the creation election date, the existing district
3276 shall make half of the undistributed reserve from its General Fund, to a maximum of
3277 $9,000,000, available for the use of the remaining district and the new district, as provided in
3278 this Subsection (5).
3279 (ii) The existing district may make additional funds available for the use of the
3280 remaining district and the new district beyond the amount specified in Subsection (5)(b)(i)

3281 through an interlocal agreement.
3282 (c) The existing district shall make the money under Subsection (5)(b) available to the
3283 remaining district and the new district proportionately based on student population.
3284 (d) The money made available under Subsection (5)(b) may be accessed and spent by:
3285 (i) for the remaining district, the school district board of the remaining district; and
3286 (ii) for the new district, the school district board of the new district.
3287 (e) (i) The remaining district may use its portion of the money made available under
3288 Subsection (5)(b) to pay for remaining district startup costs.
3289 (ii) The new district may use its portion of the money made available under Subsection
3290 (5)(b) to pay for new district startup costs.
3291 (6) (a) The existing district shall transfer title or, if applicable, partial title of property
3292 to the new school district in accordance with the allocation of property by:
3293 (i) the transition teams, as stated in the report under Subsection (4)(c)(i)(A)(II); and
3294 (ii) the arbitration panel, if applicable.
3295 (b) The existing district shall complete each transfer of title or, if applicable, partial
3296 title to real property and vehicles by July 1 of the second calendar year following the creation
3297 election date, except as that date is changed by the mutual agreement of:
3298 (i) the school district board of the existing district;
3299 (ii) the school district board of the remaining district; and
3300 (iii) the school district board of the new district.
3301 (c) The existing district shall complete the transfer of all property not included in
3302 Subsection (6)(b) by November 1 of the second calendar year after the creation election date.
3303 (7) Except as provided in Subsections (5) and (6), after the creation election date an
3304 existing school district may not transfer or agree to transfer title to district property without the
3305 prior consent of:
3306 (a) if the transfer or agreement to transfer is before July 15 of the year following the
3307 creation election date:
3308 (i) the legislative body of the city in which the new district is located, for a new district
3309 located entirely within a single city; or
3310 (ii) the legislative bodies of all interlocal agreement participants, for each other new
3311 district; or

3312 (b) if the transfer or agreement to transfer is on or after July 15 of the year following
3313 the creation election date but before July 15 of the second calendar year following the creation
3314 election date:
3315 (i) the school district board of the remaining district; and
3316 (ii) the school district board of the new district.
3317 (8) This section applies to and governs all actions and proceedings relating to and
3318 following the creation of a new district, whether the election under Subsection 53A-2-118 (5)
3319 on the proposal to create a new school district occurs before or after May 5, 2008, including:
3320 (a) the election of school district board members; and
3321 (b) transition team duties and responsibilities, whether the transition team is appointed
3322 before or after May 5, 2008.
3323 Section 61. Section 59-2-305.5 is enacted to read:
3324 59-2-305.5. Boundary actions not effective for purposes of assessment until
3325 required documents are recorded.
3326 (1) As used in this section:
3327 (a) "Affected area" means:
3328 (i) in the case of the creation or incorporation of a local entity, the area within the
3329 newly created local entity's boundary;
3330 (ii) in the case of an annexation of an area into an existing local entity, the annexed
3331 area;
3332 (iii) in the case of an adjustment of a boundary between local entities, the area that
3333 before the boundary adjustment was in the boundary of one local entity but becomes, because
3334 of the boundary adjustment, included within the boundary of another local entity;
3335 (iv) in the case of the withdrawal or disconnection of an area from a local entity, the
3336 area that is withdrawn or disconnected;
3337 (v) in the case of the consolidation of multiple local entities, the area within the
3338 boundary of the consolidated local entity;
3339 (vi) in the case of the division of a local entity into multiple local entities, the area
3340 within the boundary of each new local entity created by the division; and
3341 (vii) in the case of the dissolution of a local entity, the area that used to be within the
3342 former boundary of the dissolved local entity.

3343 (b) "Applicable certificate" has the same meaning as defined in Section 67-1a-6.5 .
3344 (c) "Boundary action" has the same meaning as defined in Section 17-23-20 .
3345 (d) "Effective date" means the effective date, under applicable statute, of the boundary
3346 action that is the subject of an applicable certificate.
3347 (e) "Local entity" has the same meaning as defined in Section 67-1a-6.5 .
3348 (f) "Required documents" means the documents relating to a boundary action that are
3349 required under applicable statute to be submitted to the county recorder for recording following
3350 the lieutenant governor's issuance of an applicable certificate.
3351 (2) Notwithstanding the effective date, a boundary action is not effective for purposes
3352 of assessing under this part the property located within the affected area until the required
3353 documents are recorded in the office of the recorder of each county in which the affected area
3354 is located.
3355 Section 62. Section 63F-1-506 is amended to read:
3356 63F-1-506. Automated Geographic Reference Center.
3357 (1) There is created the Automated Geographic Reference Center as part of the
3358 division.
3359 (2) The center shall:
3360 (a) provide geographic information system services to state agencies under rules
3361 adopted in accordance with Section 63F-1-504 and policies established by the division;
3362 (b) provide geographic information system services to federal government, local
3363 political subdivisions, and private persons under rules and policies established by the division;
3364 (c) manage the State Geographic Information Database; and
3365 (d) establish standard format, lineage, and other requirements for the database.
3366 (3) (a) There is created a position of surveyor within the center [which surveyor shall].
3367 (b) The surveyor under this Subsection (3) shall:
3368 (i) be licensed as a professional land surveyor under Title 58, Chapter 22, Professional
3369 Engineers and Land Surveyors Licensing Act[, and shall have the following duties:];
3370 [(a)] (ii) provide technical support to the office of lieutenant governor in [evaluating
3371 boundary creation or boundary changes prior to certification by the lieutenant governor under
3372 Section 67-1a-6.5 ;] the lieutenant governor's evaluation under Section 67-1a-6.5 of a proposed
3373 boundary action, as defined in Section 17-23-20 ;

3374 (iii) as requested by a county surveyor, provide technical assistance to the county
3375 surveyor with respect to the county surveyor's responsibilities under Section 17-23-20 ;
3376 (iv) fulfill the duties described in Section 17-50-105 , if engaged to do so as provided in
3377 that section;
3378 [(b)] (v) assist the State Tax Commission in processing and quality assurance of
3379 boundary descriptions or maps into digital format for inclusion in the State Geographic
3380 Information Database;
3381 [(c)] (vi) coordinate with county recorders and surveyors to create a statewide parcel
3382 layer in the State Geographic Information Database containing parcel boundary, parcel
3383 identifier, parcel address, owner type, and county recorder contact information; and
3384 [(d)] (vii) facilitate and integrate the collection efforts of local government and federal
3385 agencies for data collection to densify and enhance the statewide Public Land Survey System
3386 reference network in the State Geographic Information Database.
3387 (4) The division may:
3388 (a) make rules and establish policies to govern the center and its operations; and
3389 (b) set fees for the services provided by the center.
3390 (5) The state may not sell information obtained from counties under Subsection
3391 (3)[(c)](b)(v).
3392 Section 63. Section 63F-1-507 is amended to read:
3393 63F-1-507. State Geographic Information Database.
3394 (1) There is created a State Geographic Information Database to be managed by the
3395 center.
3396 (2) The database shall:
3397 (a) serve as the central reference for all information contained in any GIS database by
3398 any state agency;
3399 (b) serve as a clearing house and repository for all data layers required by multiple
3400 users;
3401 (c) serve as a standard format for geographic information acquired, purchased, or
3402 produced by any state agency; and
3403 (d) include an accurate representation of all civil subdivision boundaries of the state.
3404 (3) Each state agency that acquires, purchases, or produces digital geographic

3405 information data shall:
3406 (a) inform the center of the existence of the data layers and their geographic extent;
3407 (b) allow the center access to all data classified public; and
3408 (c) comply with any database requirements established by the center.
3409 (4) At least annually, the State Tax Commission shall deliver to the center information
3410 the State Tax Commission receives under [Sections 10-1-116 , 11-13-204 , 11-13-205 , 17-2-4 ,
3411 17-2-9 , 17-3-3 , 17B-1-215 , and 17C-1-201 ] Section 67-1a-6.5 relating to the creation or
3412 modification of the boundaries of [the] political subdivisions [that are the subject of those
3413 sections].
3414 (5) The boundary of a political subdivision within the State Geographic Information
3415 Database is the official boundary of the political subdivision for purposes of meeting the needs
3416 of the United States Bureau of the Census in identifying the boundary of the political
3417 subdivision.
3418 Section 64. Section 63G-7-401 is amended to read:
3419 63G-7-401. Claim for injury -- Notice -- Contents -- Service -- Legal disability --
3420 Appointment of guardian ad litem.
3421 (1) (a) Except as provided in Subsection (1)(b), a claim arises when the statute of
3422 limitations that would apply if the claim were against a private person begins to run.
3423 (b) The statute of limitations does not begin to run until a claimant knew, or with the
3424 exercise of reasonable diligence should have known:
3425 (i) that the claimant had a claim against the governmental entity or its employee; and
3426 (ii) the identity of the governmental entity or the name of the employee.
3427 (c) The burden to prove the exercise of reasonable diligence is upon the claimant.
3428 (2) Any person having a claim against a governmental entity, or against its employee
3429 for an act or omission occurring during the performance of the employee's duties, within the
3430 scope of employment, or under color of authority shall file a written notice of claim with the
3431 entity before maintaining an action, regardless of whether or not the function giving rise to the
3432 claim is characterized as governmental.
3433 (3) (a) The notice of claim shall set forth:
3434 (i) a brief statement of the facts;
3435 (ii) the nature of the claim asserted;

3436 (iii) the damages incurred by the claimant so far as they are known; and
3437 (iv) if the claim is being pursued against a governmental employee individually as
3438 provided in Subsection 63G-7-202 (3)(c), the name of the employee.
3439 (b) The notice of claim shall be:
3440 (i) signed by the person making the claim or that person's agent, attorney, parent, or
3441 legal guardian; and
3442 (ii) directed and delivered by hand or by mail according to the requirements of Section
3443 68-3-8.5 to the office of:
3444 (A) the city or town clerk, when the claim is against an incorporated city or town;
3445 (B) the county clerk, when the claim is against a county;
3446 (C) the superintendent or business administrator of the board, when the claim is against
3447 a school district or board of education;
3448 (D) the presiding officer or secretary/clerk of the board, when the claim is against a
3449 local district or special service district;
3450 (E) the attorney general, when the claim is against the state [of Utah];
3451 (F) a member of the governing board, the executive director, or executive secretary,
3452 when the claim is against any other public board, commission, or body; or
3453 (G) the agent authorized by a governmental entity to receive the notice of claim by the
3454 governmental entity under Subsection (5)(e).
3455 (4) (a) If an injury that may reasonably be expected to result in a claim against a
3456 governmental entity is sustained by a claimant who is under the age of majority or mentally
3457 incompetent, that governmental entity may file a request with the court for the appointment of a
3458 guardian ad litem for the potential claimant.
3459 (b) If a guardian ad litem is appointed, the time for filing a claim under Section
3460 63G-7-402 begins when the order appointing the guardian is issued.
3461 (5) (a) Each governmental entity subject to suit under this chapter shall file a statement
3462 with the Division of Corporations and Commercial Code within the Department of Commerce
3463 containing:
3464 (i) the name and address of the governmental entity;
3465 (ii) the office or agent designated to receive a notice of claim; and
3466 (iii) the address at which it is to be directed and delivered.

3467 (b) Each governmental entity shall update its statement as necessary to ensure that the
3468 information is accurate.
3469 (c) The Division of Corporations and Commercial Code shall develop a form for
3470 governmental entities to complete that provides the information required by Subsection (5)(a).
3471 (d) (i) [Newly] A newly incorporated [municipalities] municipality shall file the
3472 statement required by Subsection (5)(a) [at the time that the statement of incorporation and
3473 boundaries is filed with] promptly after the lieutenant governor issues a certificate of
3474 incorporation under Section [ 10-1-106 ] 67-1a-6.5 .
3475 (ii) [Newly] A newly incorporated local [districts] district shall file the statement
3476 required by Subsection (5)(a) at the time that the written notice is filed with the lieutenant
3477 governor under Section 17B-1-215 .
3478 (e) A governmental entity may, in its statement, identify an agent authorized by the
3479 entity to accept notices of claim on its behalf.
3480 (6) The Division of Corporations and Commercial Code shall:
3481 (a) maintain an index of the statements required by this section arranged both
3482 alphabetically by entity and by county of operation; and
3483 (b) make the indices available to the public both electronically and via hard copy.
3484 (7) A governmental entity may not challenge the validity of a notice of claim on the
3485 grounds that it was not directed and delivered to the proper office or agent if the error is caused
3486 by the governmental entity's failure to file or update the statement required by Subsection (5).
3487 Section 65. Section 67-1a-2 is amended to read:
3488 67-1a-2. Duties enumerated.
3489 (1) The lieutenant governor shall:
3490 (a) perform duties delegated by the governor, including assignments to serve in any of
3491 the following capacities:
3492 (i) as the head of any one department, if so qualified, with the consent of the Senate,
3493 and, upon appointment at the pleasure of the governor and without additional compensation;
3494 (ii) as the chairperson of any cabinet group organized by the governor or authorized by
3495 law for the purpose of advising the governor or coordinating intergovernmental or
3496 interdepartmental policies or programs;
3497 (iii) as liaison between the governor and the state Legislature to coordinate and

3498 facilitate the governor's programs and budget requests;
3499 (iv) as liaison between the governor and other officials of local, state, federal, and
3500 international governments or any other political entities to coordinate, facilitate, and protect the
3501 interests of the state;
3502 (v) as personal advisor to the governor, including advice on policies, programs,
3503 administrative and personnel matters, and fiscal or budgetary matters; and
3504 (vi) as chairperson or member of any temporary or permanent boards, councils,
3505 commissions, committees, task forces, or other group appointed by the governor;
3506 (b) serve on all boards and commissions in lieu of the governor, whenever so
3507 designated by the governor;
3508 (c) serve as the chief election officer of the state as required by Subsection (2);
3509 (d) keep custody of the Great Seal of Utah;
3510 (e) keep a register of, and attest, the official acts of the governor;
3511 (f) affix the Great Seal, with an attestation, to all official documents and instruments to
3512 which the official signature of the governor is required; and
3513 (g) furnish a certified copy of all or any part of any law, record, or other instrument
3514 filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
3515 it and pays the fee.
3516 (2) (a) As the chief election officer, the lieutenant governor shall:
3517 (i) exercise general supervisory authority over all elections;
3518 (ii) exercise direct authority over the conduct of elections for federal, state, and
3519 multicounty officers and statewide or multicounty ballot propositions and any recounts
3520 involving those races;
3521 (iii) assist county clerks in unifying the election ballot;
3522 (iv) (A) prepare election information for the public as required by statute and as
3523 determined appropriate by the lieutenant governor;
3524 (B) make the information under Subsection (2)(a)(iv)(A) available to the public and to
3525 news media on the Internet and in other forms as required by statute or as determined
3526 appropriate by the lieutenant governor;
3527 (v) receive and answer election questions and maintain an election file on opinions
3528 received from the attorney general;

3529 (vi) maintain a current list of registered political parties as defined in Section
3530 20A-8-101;
3531 (vii) maintain election returns and statistics;
3532 (viii) certify to the governor the names of those persons who have received the highest
3533 number of votes for any office;
3534 (ix) ensure that all voting equipment purchased by the state complies with the
3535 requirements of Subsection 20A-5-302 (2) and Sections 20A-5-402.5 and 20A-5-402.7 ; and
3536 (x) perform other election duties as provided in Title 20A, Election Code.
3537 (b) As chief election officer, the lieutenant governor may not assume the
3538 responsibilities assigned to the county clerks, city recorders, town clerks, or other local election
3539 officials by Title 20A, Election Code.
3540 (3) (a) The lieutenant governor shall:
3541 (i) (A) determine a new city's classification under Section 10-2-301 upon the city's
3542 incorporation under Title 10, Chapter 2, Part 1, Incorporation, based on the city's population
3543 using the population estimate from the Utah Population Estimates Committee; and
3544 (B) (I) prepare a certificate indicating the class in which the new city belongs based on
3545 the city's population; and
3546 (II) within ten days after preparing the certificate, deliver a copy of the certificate to the
3547 city's legislative body;
3548 (ii) (A) determine the classification under Section 10-2-301 of a consolidated
3549 municipality upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part
3550 6, Consolidation of Municipalities, using population information from:
3551 (I) each official census or census estimate of the United States Bureau of the Census;
3552 or
3553 (II) the population estimate from the Utah Population Estimates Committee, if the
3554 population of a municipality is not available from the United States Bureau of the Census; and
3555 (B) (I) prepare a certificate indicating the class in which the consolidated municipality
3556 belongs based on the municipality's population; and
3557 (II) within ten days after preparing the certificate, deliver a copy of the certificate to the
3558 consolidated municipality's legislative body; and
3559 (iii) monitor the population of each municipality using population information from:

3560 (A) each official census or census estimate of the United States Bureau of the Census;
3561 or
3562 (B) the population estimate from the Utah Population Estimates Committee, if the
3563 population of a municipality is not available from the United States Bureau of the Census.
3564 (b) If the applicable population figure under Subsection (3)(a)(ii) or (iii) indicates that
3565 a municipality's population has increased beyond the population for its current class, the
3566 lieutenant governor shall:
3567 (i) prepare a certificate indicating the class in which the municipality belongs based on
3568 the increased population figure; and
3569 (ii) within ten days after preparing the certificate, deliver a copy of the certificate to the
3570 legislative body of the municipality whose class has changed.
3571 (c) (i) If the applicable population figure under Subsection (3)(a)(ii) or (iii) indicates
3572 that a municipality's population has decreased below the population for its current class, the
3573 lieutenant governor shall send written notification of that fact to the municipality's legislative
3574 body.
3575 (ii) Upon receipt of a petition under Subsection 10-2-302 (2) from a municipality whose
3576 population has decreased below the population for its current class, the lieutenant governor
3577 shall:
3578 (A) prepare a certificate indicating the class in which the municipality belongs based
3579 on the decreased population figure; and
3580 (B) within ten days after preparing the certificate, deliver a copy of the certificate to the
3581 legislative body of the municipality whose class has changed.
3582 Section 66. Section 67-1a-6.5 is repealed and reenacted to read:
3583 67-1a-6.5. Certification of local entity boundary actions.
3584 (1) As used in this section:
3585 (a) "Applicable certificate" means:
3586 (i) for the impending incorporation of a city, town, local district, or conservation
3587 district, a certificate of incorporation;
3588 (ii) for the impending creation of a county, school district, special service district,
3589 community development and renewal agency, or interlocal entity, a certificate of creation;
3590 (iii) for the impending annexation of territory to an existing local entity, a certificate of

3591 annexation;
3592 (iv) for the impending withdrawal or disconnection of territory from an existing local
3593 entity, a certificate of withdrawal or disconnection, respectively;
3594 (v) for the impending consolidation of multiple local entities, a certificate of
3595 consolidation;
3596 (vi) for the impending division of a local entity into multiple local entities, a certificate
3597 of division;
3598 (vii) for the impending adjustment of a common boundary between local entities, a
3599 certificate of boundary adjustment; and
3600 (viii) for the impending dissolution of a local entity, a certificate of dissolution.
3601 (b) "Approved final local entity plat" means a final local entity plat, as defined in
3602 Section 17-23-20 , that has been approved under Section 17-23-20 as a final local entity plat by
3603 the county surveyor.
3604 (c) "Approving authority" has the same meaning as defined in Section 17-23-20 .
3605 (d) "Boundary action" has the same meaning as defined in Section 17-23-20 .
3606 (e) "Center" means the Automated Geographic Reference Center created under Section
3607 63F-1-506 .
3608 (f) "Community development and renewal agency" has the same meaning as defined in
3609 Section 17C-1-102 .
3610 (g) "Conservation district" has the same meaning as defined in Section 17D-3-102 .
3611 (h) "Interlocal entity" has the same meaning as defined in Section 11-13-103 .
3612 (i) "Local district" has the same meaning as defined in Section 17B-1-102 .
3613 (j) "Local entity" means a county, city, town, school district, local district, community
3614 development and renewal agency, special service district, conservation district, or interlocal
3615 entity.
3616 (k) "Notice of an impending boundary action" means a written notice, as described in
3617 Subsection (3), that provides notice of an impending boundary action.
3618 (l) "Special service district" has the same meaning as defined in Section 17D-1-102 .
3619 (2) Within ten days after receiving a notice of an impending boundary action, the
3620 lieutenant governor shall:
3621 (a) (i) issue the applicable certificate, if:

3622 (A) the lieutenant governor determines that the notice of an impending boundary action
3623 meets the requirements of Subsection (3); and
3624 (B) except in the case of an impending local entity dissolution, the notice of an
3625 impending boundary action is accompanied by an approved final local entity plat;
3626 (ii) send the applicable certificate to the local entity's approving authority;
3627 (iii) return the original of the approved final local entity plat to the local entity's
3628 approving authority;
3629 (iv) send a copy of the applicable certificate and approved final local entity plat to:
3630 (A) the State Tax Commission;
3631 (B) the center; and
3632 (C) the county assessor, county surveyor, county auditor, and county attorney of each
3633 county in which the property depicted on the approved final local entity plat is located; and
3634 (v) send a copy of the applicable certificate to the state auditor, if the boundary action
3635 that is the subject of the applicable certificate is:
3636 (A) the incorporation or creation of a new local entity;
3637 (B) the consolidation of multiple local entities;
3638 (C) the division of a local entity into multiple local entities; or
3639 (D) the dissolution of a local entity; or
3640 (b) (i) send written notification to the approving authority that the lieutenant governor
3641 is unable to issue the applicable certificate, if:
3642 (A) the lieutenant governor determines that the notice of an impending boundary action
3643 does not meet the requirements of Subsection (3); or
3644 (B) the notice of an impending boundary action is:
3645 (I) not accompanied by an approved final local entity plat; or
3646 (II) accompanied by a plat or final local entity plat that has not been certified as a final
3647 local entity plat by the county surveyor under Section 17-23-20 ; and
3648 (ii) explain in the notification under Subsection (2)(b)(i) why the lieutenant governor is
3649 unable to issue the applicable certificate.
3650 (3) Each notice of an impending boundary action shall:
3651 (a) be directed to the lieutenant governor;
3652 (b) contain the name of the local entity or, in the case of an incorporation or creation,

3653 future local entity, whose boundary is affected or established by the boundary action;
3654 (c) describe the type of boundary action for which an applicable certificate is sought;
3655 and
3656 (d) (i) contain a statement, signed and verified by the approving authority, certifying
3657 that all requirements applicable to the boundary action have been met; or
3658 (ii) in the case of the dissolution of a municipality, be accompanied by a certified copy
3659 of the court order approving the dissolution of the municipality.
3660 (4) The lieutenant governor may require the approving authority to submit a paper or
3661 electronic copy of a notice of an impending boundary action and approved final local entity plat
3662 in conjunction with the filing of the original of those documents.
3663 (5) (a) The lieutenant governor shall:
3664 (i) keep, index, maintain, and make available to the public each notice of an impending
3665 boundary action, approved final local entity plat, applicable certificate, and other document that
3666 the lieutenant governor receives or generates under this section;
3667 (ii) make a copy of each document listed in Subsection (5)(a)(i) available on the
3668 Internet for 12 months after the lieutenant governor receives or generates the document;
3669 (iii) furnish a paper copy of any of the documents listed in Subsection (5)(a)(i) to any
3670 person who requests a paper copy; and
3671 (iv) furnish a certified copy of any of the documents listed in Subsection (5)(a)(i) to
3672 any person who requests a certified copy.
3673 (b) The lieutenant governor may charge a reasonable fee for a paper copy or certified
3674 copy of a document that the lieutenant governor provides under this Subsection (5).
3675 Section 67. Section 67-1a-6.7 is enacted to read:
3676 67-1a-6.7. Certification of local entity name change.
3677 (1) As used in this section:
3678 (a) "Approving authority" means the person or body authorized under statute to
3679 approve the local entity's name change.
3680 (b) "Center" has the same meaning as defined in Section 67-1a-6.5 .
3681 (c) "Certificate of name change" means a certificate issued by the lieutenant governor
3682 certifying a local entity's change of name.
3683 (d) "Local entity" has the same meaning as defined in Section 67-1a-6.5 .

3684 (e) "Notice of an impending name change" means a notice, as described in Subsection
3685 (3), that provides notice of a local entity's impending name change.
3686 (2) Within ten days after receiving a notice of an impending name change, the
3687 lieutenant governor shall:
3688 (a) issue a certificate of name change;
3689 (b) send the certificate of name change to the approving authority of the local entity
3690 whose name is being changed; and
3691 (c) send a copy of the certificate of name change to:
3692 (i) the State Tax Commission;
3693 (ii) the state auditor;
3694 (iii) the center; and
3695 (iv) the county assessor, county surveyor, county auditor, and county attorney of each
3696 county in which any part of the local entity is located.
3697 (3) Each notice of an impending name change shall:
3698 (a) be directed to the lieutenant governor;
3699 (b) contain the current name of the local entity;
3700 (c) state the name to which the local entity intends to change;
3701 (d) identify each county in which any part of the local entity is located; and
3702 (e) contain a statement, signed and verified by the approving authority, certifying that
3703 all requirements applicable to the name change have been met.
3704 (4) (a) The lieutenant governor shall:
3705 (i) keep, index, maintain, and make available to the public each notice of an impending
3706 name change, certificate of a name change, and other document that the lieutenant governor
3707 receives or generates under this section;
3708 (ii) make a copy of each document listed in Subsection (4)(a)(i) available on the
3709 Internet for 12 months after the lieutenant governor receives or generates the document;
3710 (iii) furnish a paper copy of any of the documents listed in Subsection (4)(a)(i) to any
3711 person who requests a paper copy; and
3712 (iv) furnish a certified copy of any of the documents listed in Subsection (4)(a)(i) to
3713 any person who requests a certified copy.
3714 (b) The lieutenant governor may charge a reasonable fee for a paper copy or certified

3715 copy of a document that the lieutenant governor provides under this Subsection (4).
3716 Section 68. Repealer.
3717 This bill repeals:
3718 Section 10-1-116, Notice to lieutenant governor of incorporation, dissolution, or
3719 boundary change -- Tax rate on new property included in municipality.
3720 Section 10-1-117, Amending articles of incorporation -- Lieutenant governor
3721 certification -- Effective date.
3722 Section 10-2-122, When incorporation complete -- Incorporation presumed
3723 conclusive.
3724 Section 10-2-508, Disconnection completed.
3725 Section 17-2-2, Election returns transmitted to lieutenant governor.
3726 Section 17-2-7, Election returns transmitted to lieutenant governor.
3727 Section 17-3-2, Election returns transmitted to lieutenant governor.