H.B. 61 Enrolled

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;
15 and
16 . local government name changes;
17 . provides a process for certifying final local entity plats for local government
18 boundary changes;
19 . eliminates a requirement for municipalities to prepare articles of incorporation as
20 part of the incorporation process and eliminates an alternative to filing articles of
21 incorporation;
22 . modifies the authority of city officers-elect;
23 . modifies the duties of the lieutenant governor, county surveyors, and county
24 recorders in the process of certifying local government boundary and name
25 changes;
26 . modifies the process for a municipality to change its name;
27 . establishes the date of recording documents related to a boundary action as the
28 effective date of the boundary action for purposes of assessing property affected by
29 the boundary action;

30 . imposes restrictions on a local entity's imposition of property taxes, assessments, or
31 fees until documents related to the boundary action are recorded;
32 . modifies the event from which the effective date of a municipal annexation or
33 boundary adjustment is calculated;
34 . clarifies and makes technical changes relating to the process of consolidating
35 counties and the process of annexing part of one county to another county;
36 . limits a person from filing for recording a plat that depicts a local entity's boundary
37 as it exists as a result of a boundary action unless it complies with certain
38 requirements;
39 . modifies the duties of the surveyor within the Automated Geographic Reference
40 Center;
41 . makes a political subdivision's boundary in the State Geographic Information
42 Database the official boundary for purposes of US Census Bureau needs;
43 . modifies the process for counties to resolve a dispute or uncertainty about the true
44 location of a county boundary and replaces the state engineer with the surveyor in
45 the Automated Geographic Reference Center in that process; and
46 . makes technical changes.
47 Monies Appropriated in this Bill:
48 None
49 Other Special Clauses:
50 None
51 Utah Code Sections Affected:
52 AMENDS:
53 10-1-118, as enacted by Laws of Utah 2000, Chapter 318
54 10-2-119, as last amended by Laws of Utah 2005, Chapter 233
55 10-2-120, as last amended by Laws of Utah 2005, Chapter 233
56 10-2-121, as last amended by Laws of Utah 2005, First Special Session, Chapter 9
57 10-2-125, as last amended by Laws of Utah 2008, Chapters 16 and 19

58 10-2-302, as last amended by Laws of Utah 2001, Second Special Session, Chapter 4
59 10-2-418, as last amended by Laws of Utah 2007, Chapters 329 and 378
60 10-2-419, as last amended by Laws of Utah 2007, Chapter 329
61 10-2-425, as last amended by Laws of Utah 2007, Chapters 329 and 378
62 10-2-507, as last amended by Laws of Utah 2005, Chapter 233
63 10-2-610, as last amended by Laws of Utah 1997, Chapter 389
64 10-2-611, as last amended by Laws of Utah 2005, Chapter 233
65 10-2-705, as enacted by Laws of Utah 1977, Chapter 48
66 10-2-711, as last amended by Laws of Utah 2000, Chapter 318
67 10-2-712, as last amended by Laws of Utah 2005, Chapter 233
68 10-6-111, as last amended by Laws of Utah 2005, Chapter 146
69 11-13-203, as last amended by Laws of Utah 2005, Chapter 233
70 11-13-204, as last amended by Laws of Utah 2005, Chapter 233
71 11-13-205, as last amended by Laws of Utah 2005, Chapters 105 and 233
72 17-3-3, as last amended by Laws of Utah 2005, Chapter 233
73 17-21-20, as last amended by Laws of Utah 2007, Chapter 147
74 17-50-104, as last amended by Laws of Utah 2005, Chapter 233
75 17-50-105, as last amended by Laws of Utah 2005, Chapter 233
76 17B-1-105, as renumbered and amended by Laws of Utah 2007, Chapter 329
77 17B-1-215, as last amended by Laws of Utah 2008, Chapter 360
78 17B-1-216, as renumbered and amended by Laws of Utah 2007, Chapter 329
79 17B-1-405, as renumbered and amended by Laws of Utah 2007, Chapter 329
80 17B-1-414, as last amended by Laws of Utah 2008, Chapter 118
81 17B-1-415, as renumbered and amended by Laws of Utah 2007, Chapter 329
82 17B-1-416, as last amended by Laws of Utah 2008, Chapter 118
83 17B-1-417, as renumbered and amended by Laws of Utah 2007, Chapter 329
84 17B-1-512, as renumbered and amended by Laws of Utah 2007, Chapter 329
85 17B-1-1308, as renumbered and amended by Laws of Utah 2007, Chapter 329

86 17C-1-201, as renumbered and amended by Laws of Utah 2006, Chapter 359
87 17C-1-701, as renumbered and amended by Laws of Utah 2006, Chapter 359
88 17D-1-204, as enacted by Laws of Utah 2008, Chapter 360
89 17D-1-208, as enacted by Laws of Utah 2008, Chapter 360
90 17D-1-209, as enacted by Laws of Utah 2008, Chapter 360
91 17D-1-403, as enacted by Laws of Utah 2008, Chapter 360
92 17D-1-603, as enacted by Laws of Utah 2008, Chapter 360
93 17D-3-203, as enacted by Laws of Utah 2008, Chapter 360
94 53A-2-101.5, as enacted by Laws of Utah 2005, Chapter 233
95 53A-2-118, as last amended by Laws of Utah 2008, Chapter 92
96 53A-2-118.1, as last amended by Laws of Utah 2008, Chapter 92
97 63F-1-506, as last amended by Laws of Utah 2005, Chapter 233 and renumbered and
98 amended by Laws of Utah 2005, Chapter 169
99 63F-1-507, as last amended by Laws of Utah 2007, Chapter 329
100 63G-7-401, as renumbered and amended by Laws of Utah 2008, Chapter 382
101 67-1a-2, as last amended by Laws of Utah 2007, Chapters 75 and 83
102 ENACTS:
103 17-2-101, Utah Code Annotated 1953
104 17-2-102, Utah Code Annotated 1953
105 17-2-201, Utah Code Annotated 1953
106 17-2-202, Utah Code Annotated 1953
107 17-23-20, Utah Code Annotated 1953
108 59-2-305.5, Utah Code Annotated 1953
109 67-1a-6.7, Utah Code Annotated 1953
110 REPEALS AND REENACTS:
111 67-1a-6.5, as last amended by Laws of Utah 2008, Chapter 360
112 RENUMBERS AND AMENDS:
113 17-2-103, (Renumbered from 17-2-1, as last amended by Laws of Utah 1993, Chapter

114 227)
115 17-2-104, (Renumbered from 17-2-3, as last amended by Laws of Utah 1984, Chapter
116 68)
117 17-2-105, (Renumbered from 17-2-4, as last amended by Laws of Utah 2005, Chapter
118 233)
119 17-2-106, (Renumbered from 17-2-5, Utah Code Annotated 1953)
120 17-2-203, (Renumbered from 17-2-6, as last amended by Laws of Utah 2003, Chapter
121 258)
122 17-2-204, (Renumbered from 17-2-8, as last amended by Laws of Utah 2003, Chapter
123 258)
124 17-2-205, (Renumbered from 17-2-9, as last amended by Laws of Utah 2005, Chapter
125 233)
126 17-2-206, (Renumbered from 17-2-10, as last amended by Laws of Utah 2002, Sixth
127 Special Session, Chapter 3)
128 17-2-207, (Renumbered from 17-2-11, as last amended by Laws of Utah 1993, Chapter
129 227)
130 17-2-208, (Renumbered from 17-2-12, Utah Code Annotated 1953)
131 17-2-209, (Renumbered from 17-2-13, as last amended by Laws of Utah 2005, Chapter
132 233)
133 REPEALS:
134 10-1-116, as last amended by Laws of Utah 2005, Chapter 233
135 10-1-117, as last amended by Laws of Utah 2007, Chapter 329
136 10-2-122, as last amended by Laws of Utah 2000, Chapter 38
137 10-2-508, as last amended by Laws of Utah 2003, Chapter 279
138 17-2-2, as last amended by Laws of Utah 1984, Chapter 68
139 17-2-7, as last amended by Laws of Utah 2003, Chapter 258
140 17-3-2, as last amended by Laws of Utah 1984, Chapter 68
141

142 Be it enacted by the Legislature of the state of Utah:
143 Section 1. Section 10-1-118 is amended to read:
144 10-1-118. Changing the name of a municipality.
145 (1) A municipality may change its name [by filing amended articles of incorporation
146 as provided in Section 10-1-117 .] as provided in this section.
147 (2) To initiate a name change, the legislative body of a municipality shall:
148 (a) adopt an ordinance or resolution approving a name change; and
149 (b) file with the lieutenant governor a copy of a notice of an impending name change,
150 as defined in Section 67-1a-6.7 , that meets the requirements of Subsection 67-1a-6.7 (3).
151 (3) Upon the lieutenant governor's issuance of a certificate of name change under
152 Section 67-1a-6.7 , the municipal legislative body shall:
153 (a) if the municipality is located within the boundary of a single county, submit to the
154 recorder of that county:
155 (i) the original:
156 (A) notice of an impending name change; and
157 (B) certificate of name change; and
158 (ii) a certified copy of the ordinance or resolution approving the name change; or
159 (b) if the municipality is located within the boundaries of more than a single county:
160 (i) submit to the recorder of one of those counties:
161 (A) the original of the documents listed in Subsections (3)(a)(i)(A) and (B); and
162 (B) a certified copy of the ordinance or resolution approving the name change; and
163 (ii) submit to the recorder of each other county:
164 (A) a certified copy of the documents described in Subsections (3)(a)(i)(A) and (B);
165 and
166 (B) a certified copy of the ordinance or resolution approving the name change.
167 [(2)] (4) (a) The name change becomes effective upon the lieutenant governor's
168 [certification of the amended articles as provided in Subsection 10-1-117 (3).] issuance of a
169 certificate of name change under Section 67-1a-6.7 .

170 (b) Notwithstanding Subsection (4)(a), the municipality may not operate under the
171 new name until the documents listed in Subsection (3) are recorded in the office of the
172 recorder of each county in which the municipality is located.
173 Section 2. Section 10-2-119 is amended to read:
174 10-2-119. Filing of notice and approved final local entity plat with lieutenant
175 governor -- Effective date of incorporation -- Necessity of recording documents and
176 effect of not recording.
177 (1) [Within seven days after the canvass of the final election of city officers under
178 Section 10-2-116 , the] The mayor-elect of the [new] future city shall [file at least three copies
179 of the articles of incorporation]:
180 (a) within 30 days after the canvass of the final election of city officers under Section
181 10-2-116 , file with the lieutenant governor[.]:
182 [(2) The articles of incorporation shall:]
183 [(a) contain the name of the city;]
184 [(b) contain an accurate map or plat, prepared by a licensed surveyor, approved by the
185 legislative body, and filed with the county surveyor in accordance with Section 17-23-17 ,
186 showing the boundaries of the city;]
187 [(c) contain the city's class according to population as defined in Section 10-2-301 ;
188 and]
189 [(d) be signed and verified by the mayor-elect of the city.]
190 [(3) The legislative body of the new city shall comply with the notice requirements of
191 Section 10-1-116 .]
192 (i) a copy of a notice of an impending boundary action, as defined in Section
193 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
194 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
195 (b) upon the lieutenant governor's issuance of a certificate of incorporation under
196 Section 67-1a-6.5 :
197 (i) if the city is located within the boundary of a single county, submit to the recorder

198 of that county the original:
199 (A) notice of an impending boundary action;
200 (B) certificate of incorporation; and
201 (C) approved final local entity plat; or
202 (ii) if the city is located within the boundaries of more than a single county, submit the
203 original of the documents listed in Subsections (1)(b)(i)(A), (B), and (C) to one of those
204 counties and a certified copy of those documents to each other county.
205 (2) (a) The incorporation is effective upon the lieutenant governor's issuance of a
206 certificate of incorporation under Section 67-1a-6.5 .
207 (b) Notwithstanding any other provision of law, a city is conclusively presumed to be
208 lawfully incorporated and existing if, for two years following the city's incorporation:
209 (i) (A) the city has levied and collected a property tax; or
210 (B) for a city incorporated on or after July 1, 1998, the city has imposed a sales and
211 use tax; and
212 (ii) no challenge to the existence or incorporation of the city has been filed in the
213 district court for the county in which the city is located.
214 (3) (a) The effective date of an incorporation for purposes of assessing property within
215 the new city is governed by Section 59-2-305.5 .
216 (b) Until the documents listed in Subsection (1)(b) are recorded in the office of the
217 recorder of each county in which the property is located, a newly incorporated city may not:
218 (i) levy or collect a property tax on property within the city;
219 (ii) levy or collect an assessment on property within the city; or
220 (iii) charge or collect a fee for service provided to property within the city.
221 Section 3. Section 10-2-120 is amended to read:
222 10-2-120. Powers of officers-elect.
223 [(1) (a) Before filing articles of incorporation, the mayor-elect of the future city may
224 file with the lieutenant governor a verified notice of intention to file the articles of
225 incorporation.]

226 [(b) The notice under Subsection (1)(a) shall contain:]
227 [(i) the name of the future city;]
228 [(ii) an accurate map or plat, prepared by a licensed surveyor, approved by the
229 legislative body, and filed with the county surveyor in accordance with Section 17-23-17 ,
230 showing the boundaries of the future city;]
231 [(iii) the city's class according to population as defined in Section 10-2-301 ; and]
232 [(iv) the proposed date for filing the articles of incorporation.]
233 [(2)] (1) Upon the [lieutenant governor's certification of the notice] canvass of the
234 final election of city officers under Section [ 67-1a-6.5 ] 10-2-116 and until the future city
235 becomes legally incorporated, the officers of the future city may:
236 (a) prepare and adopt, under Chapter 6, Uniform Fiscal Procedures Act for Utah
237 Cities, a proposed budget and compilation of ordinances;
238 (b) negotiate and make personnel contracts and hirings;
239 (c) negotiate and make service contracts;
240 [(d) file the notification required by Subsection 10-1-116 (1);]
241 [(e)] (d) negotiate and make contracts to purchase equipment, materials, and supplies;
242 [(f)] (e) borrow funds from the county in which the future city is located under
243 Subsection 10-2-121 (3);
244 [(g)] (f) borrow funds for startup expenses of the future [municipality] city; [and]
245 [(h)] (g) issue tax anticipation notes in the name of the future [municipality.] city; and
246 (h) make appointments to the city's planning commission.
247 [(3)] (2) The city's legislative body shall review and ratify each contract made by the
248 officers-elect under Subsection [(2)] (1) within 30 days [of] after the effective date of
249 incorporation under Section [ 10-2-122 ] 10-2-119 .
250 Section 4. Section 10-2-121 is amended to read:
251 10-2-121. Division of municipal-type services revenues -- County may provide
252 startup funds.
253 (1) The county in which an area incorporating under this part is located shall, until the

254 date of the city's incorporation under Section [ 10-2-122 ] 10-2-119 , continue:
255 (a) to levy and collect ad valorem property tax and other revenues from or pertaining
256 to the future city; and
257 (b) except as otherwise agreed by the county and the officers-elect of the city [after the
258 filing of the notice under Subsection 10-2-120 (1)], to provide the same services to the future
259 city as the county provided before the commencement of the incorporation proceedings.
260 (2) (a) The legislative body of the county in which a newly incorporated city is located
261 shall share pro rata with the new city, based on the date of incorporation, the taxes and service
262 charges or fees levied and collected by the county under Section 17-34-3 during the year of the
263 new city's incorporation if and to the extent that the new city provides, by itself or by contract,
264 the same services for which the county levied and collected the taxes and service charges or
265 fees.
266 (b) (i) The legislative body of a county in which a city incorporated after January 1,
267 2004, is located may share with the new city taxes and service charges or fees that were levied
268 and collected by the county under Section 17-34-3 :
269 (A) before the year of the new city's incorporation;
270 (B) from the previously unincorporated area that, because of the city's incorporation,
271 is located within the boundaries of the newly incorporated city; and
272 (C) for the purpose of providing services to the area that before the new city's
273 incorporation was unincorporated.
274 (ii) A county legislative body may share taxes and service charges or fees under
275 Subsection (2)(b)(i) by a direct appropriation of funds or by a credit or offset against amounts
276 due under a contract for municipal-type services provided by the county to the new city.
277 (3) (a) The legislative body of a county in which an area incorporating under this part
278 is located may appropriate county funds to:
279 (i) before incorporation but after [a notice under Subsection 10-2-120 (1) is filed] the
280 canvass of the final election of city officers under Section 10-2-116 , the officers-elect of the
281 future city to pay startup expenses of the future city; or

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

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

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

366 (II) covers a majority of the total private land area within the area;
367 (III) is equal in assessed value to more than 1/2 of the assessed value of all private real
368 property within the area; and
369 (IV) consists, in number of parcels, of at least 1/3 of the number of all parcels of
370 private real property within the area proposed to be incorporated; and
371 (B) a majority of all registered voters within the area proposed to be incorporated as a
372 town, according to the official voter registration list maintained by the county on the date the
373 petition is filed;
374 (ii) designate as sponsors at least five of the property owners who have signed the
375 petition, one of whom shall be designated as the contact sponsor, with the mailing address of
376 each owner signing as a sponsor;
377 (iii) be accompanied by and circulated with an accurate map or plat, prepared by a
378 licensed surveyor, showing a legal description of the boundary of the proposed town; and
379 (iv) substantially comply with and be circulated in the following form:
380 PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
381 town)
382 To the Honorable County Legislative Body of (insert the name of the county in which
383 the proposed town is located) County, Utah:
384 We, the undersigned owners of real property and registered voters within the area
385 described in this petition, respectfully petition the county legislative body for the area
386 described in this petition to be incorporated as a town. Each of the undersigned affirms that
387 each has personally signed this petition and is an owner of real property or a registered voter
388 residing within the described area, and that the current residence address of each is correctly
389 written after the signer's name. The area proposed to be incorporated as a town is described as
390 follows: (insert an accurate description of the area proposed to be incorporated).
391 (c) A petition under this Subsection (4) may not describe an area that includes some or
392 all of an area proposed for annexation in an annexation petition under Section 10-2-403 that:
393 (i) was filed before the filing of the petition; and

394 (ii) is still pending on the date the petition is filed.
395 (d) A petition may not be filed under this section if the private real property owned by
396 the petition sponsors, designated under Subsection (4)(b)(ii), cumulatively exceeds 40% of the
397 total private land area within the area proposed to be incorporated as a town.
398 (e) A signer of a petition under this Subsection (4) may withdraw or, after withdrawn,
399 reinstate the signer's signature on the petition:
400 (i) at any time until the county clerk certifies the petition under Subsection (6); and
401 (ii) by filing a signed, written withdrawal or reinstatement with the county clerk.
402 (5) (a) If a petition is filed under Subsection (4)(a) proposing to incorporate as a town
403 an area located within a county of the first class, the county clerk shall deliver written notice of
404 the proposed incorporation:
405 (i) to each owner of private real property owning more than 1% of the assessed value
406 of all private real property within the area proposed to be incorporated as a town; and
407 (ii) within seven calendar days after the date on which the petition is filed.
408 (b) A private real property owner described in Subsection (5)(a)(i) may exclude all or
409 part of the owner's property from the area proposed to be incorporated as a town by filing a
410 notice of exclusion:
411 (i) with the county clerk; and
412 (ii) within ten calendar days after receiving the clerk's notice under Subsection (5)(a).
413 (c) The county legislative body shall exclude from the area proposed to be
414 incorporated as a town the property identified in the notice of exclusion under Subsection
415 (5)(b) if:
416 (i) the property:
417 (A) is nonurban; and
418 (B) does not and will not require a municipal service; and
419 (ii) exclusion will not leave an unincorporated island within the proposed town.
420 (d) If the county legislative body excludes property from the area proposed to be
421 incorporated as a town, the county legislative body shall send written notice of the exclusion to

422 the contact sponsor within five days after the exclusion.
423 (6) Within 20 days after the filing of a petition under Subsection (4), the county clerk
424 shall:
425 (a) with the assistance of other county officers from whom the clerk requests
426 assistance, determine whether the petition complies with the requirements of Subsection (4);
427 and
428 (b) (i) if the clerk determines that the petition complies with those requirements:
429 (A) certify the petition and deliver the certified petition to the county legislative body;
430 and
431 (B) mail or deliver written notification of the certification to:
432 (I) the contact sponsor;
433 (II) if applicable, the chair of the planning commission of each township in which any
434 part of the area proposed for incorporation is located; and
435 (III) the Utah Population Estimates Committee; or
436 (ii) if the clerk determines that the petition fails to comply with any of those
437 requirements, reject the petition and notify the contact sponsor in writing of the rejection and
438 the reasons for the rejection.
439 (7) (a) (i) A petition that is rejected under Subsection (6)(b)(ii) may be amended to
440 correct a deficiency for which it was rejected and then refiled with the county clerk.
441 (ii) A valid signature on a petition filed under Subsection (4)(a) may be used toward
442 fulfilling the signature requirement of Subsection (4)(b) for the same petition that is amended
443 under Subsection (7)(a)(i) and then refiled with the county clerk.
444 (b) If a petition is amended and refiled under Subsection (7)(a)(i) after having been
445 rejected by the county clerk under Subsection (6)(b)(ii):
446 (i) the amended petition shall be considered as a newly filed petition; and
447 (ii) the amended petition's processing priority is determined by the date on which it is
448 refiled.
449 (8) (a) (i) The legislative body of a county with which a petition is filed under

450 Subsection (4) may, at its option and upon the petition being certified under Subsection (6),
451 commission and pay for a financial feasibility study.
452 (ii) If the county legislative body chooses to commission a financial feasibility study,
453 the county legislative body shall:
454 (A) within 20 days after the incorporation petition is certified, select and engage a
455 feasibility consultant; and
456 (B) require the feasibility consultant to complete the financial feasibility study and
457 submit written results of the study to the county legislative body no later than 30 days after the
458 feasibility consultant is engaged to conduct the financial feasibility study.
459 (b) The county legislative body shall approve a petition proposing the incorporation of
460 a town and hold an election for town officers, as provided in Subsection (9), if:
461 (i) the county clerk has certified the petition under Subsection (6); and
462 (ii) (A) (I) the county legislative body has commissioned a financial feasibility study
463 under Subsection (8)(a); and
464 (II) the results of the financial feasibility study show that the average annual amount of
465 revenues described in Subsection (1)(b)(i) does not exceed the average annual amount of costs
466 described in Subsection (1)(b)(ii) by more than 10%; or
467 (B) the county legislative body chooses not to commission a financial feasibility study.
468 (c) (i) If the county legislative body commissions a financial feasibility study under
469 Subsection (8)(a) and the results of the financial feasibility study show that the average annual
470 amount of revenues described in Subsection (1)(b)(i) exceeds the average annual amount of
471 costs described in Subsection (1)(b)(ii) by more than 10%, the county legislative body may:
472 (A) deny the petition, subject to Subsection (8)(c)(ii), if the results of the financial
473 feasibility study show that the average annual amount of revenues described in Subsection
474 (1)(b)(i) exceeds the average annual amount of costs described in Subsection (1)(b)(ii) by 25%
475 or more;
476 (B) approve the petition and hold an election for town officers, as provided in
477 Subsection (9); or

478 (C) (I) with the consent of the petition sponsors:
479 (Aa) impose conditions to mitigate the fiscal inequities identified in the financial
480 feasibility study; or
481 (Bb) alter the boundaries of the area proposed to be incorporated as a town to
482 approximate the boundaries necessary to prevent the average annual amount of revenues
483 described in Subsection (1)(b)(i) from exceeding the average annual amount of costs described
484 in Subsection (1)(b)(ii); and
485 (II) approve the incorporation petition and hold an election for town officers, as
486 provided in Subsection (9).
487 (ii) A county legislative body intending to deny a petition under Subsection
488 (8)(c)(i)(A) shall deny the petition within 20 days after the feasibility consultant submits the
489 written results of the financial feasibility study.
490 (d) Each town that incorporates pursuant to a petition approved after the county
491 legislative body imposes conditions under Subsection (8)(c)(i)(C)(I) shall comply with those
492 conditions.
493 (9) (a) The legislative body of the county in which the proposed new town is located
494 shall hold the election for town officers provided for in Subsection (8) within:
495 (i) 45 days after the petition is certified, for an election under Subsection (8)(b)(ii)(B);
496 (ii) 45 days after the feasibility consultant submits the written results of the financial
497 feasibility study, for an election under Subsection (8)(b)(ii)(A) or (8)(c)(i)(B); or
498 (iii) 60 days after the feasibility consultant submits the written results of the financial
499 feasibility study, for an election under Subsection (8)(c)(i)(C).
500 (b) The officers elected at an election under Subsection (9)(a) shall take office:
501 (i) at noon on the first Monday in January next following the election, if the election is
502 held on a regular general or municipal general election date; or
503 (ii) at noon on the first day of the month next following the effective date of the
504 incorporation under Subsection (12), if the election of officers is held on any other date.
505 (10) Each newly incorporated town shall operate under the five-member council form

506 of government as defined in Section 10-3b-102 .
507 (11) [(a) Within seven days after the canvass of the election of town officers under
508 Subsection (9), the] The mayor-elect of the [new] future town shall [file at least three copies of
509 the articles of incorporation of the new town]:
510 (a) within 30 days after the canvass of the election of town officers under Subsection
511 (9), file with the lieutenant governor[.]:
512 [(b) The articles of incorporation shall meet the requirements of Subsection
513 10-2-119 (2).]
514 (i) a copy of a notice of an impending boundary action, as defined in Section
515 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
516 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
517 (b) upon the lieutenant governor's issuance of a certificate of incorporation under
518 Section 67-1a-6.5 :
519 (i) if the town is located within the boundary of a single county, submit to the recorder
520 of that county the original:
521 (A) notice of an impending boundary action;
522 (B) certificate of incorporation; and
523 (C) approved final local entity plat; or
524 (ii) if the town is located within the boundaries of more than a single county, submit
525 the original of the documents listed in Subsections (11)(b)(i)(A), (B), and (C) to one of those
526 counties and a certified copy of those documents to each other county.
527 (12) (a) A new town is incorporated:
528 [(a)] (i) on December 31 of the year in which the lieutenant governor issues a
529 certificate of [entity creation for the town] incorporation under Section 67-1a-6.5 , if the
530 election of town officers under Subsection (9) is held on a regular general or municipal general
531 election date; or
532 [(b)] (ii) on the last day of the month during which the lieutenant governor issues a
533 certificate of [entity creation for the town] incorporation under Section 67-1a-6.5 , if the

534 election of town officers under Subsection (9) is held on any other date.
535 (b) (i) The effective date of an incorporation for purposes of assessing property within
536 the new town is governed by Section 59-2-305.5 .
537 (ii) Until the documents listed in Subsection (11)(b) are recorded in the office of the
538 recorder of each county in which the property is located, a newly incorporated town may not:
539 (A) levy or collect a property tax on property within the town;
540 (B) levy or collect an assessment on property within the town; or
541 (C) charge or collect a fee for service provided to property within the town.
542 (13) For each petition filed before March 5, 2008:
543 (a) the petition is subject to and governed by the law in effect at the time the petition
544 was filed; and
545 (b) the law in effect at the time the petition was filed governs in all administrative and
546 judicial proceedings relating to the petition.
547 Section 6. Section 10-2-302 is amended to read:
548 10-2-302. Change of class of municipality.
549 (1) Each municipality shall retain its classification under Section 10-2-301 until
550 changed as provided in this section or Subsection 67-1a-2 (3).
551 [(2) The lieutenant governor shall monitor the population figure for each municipality
552 as shown on:]
553 [(a) each official census or census estimate of the United States Bureau of the Census;
554 or]
555 [(b) if the population figure for a municipality is not available from the United States
556 Bureau of the Census, the population estimate from the Utah Population Estimates
557 Committee.]
558 [(3) If the applicable population figure under Subsection (2) indicates that a
559 municipality's population has increased beyond the limit for its current class, the lieutenant
560 governor shall:]
561 [(a) prepare a certificate indicating the class in which the municipality belongs based

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

590 800 residents; and
591 (B) the municipality has provided one or more municipal-type services to the area for
592 at least one year.
593 (b) Notwithstanding Subsection 10-2-402 (1)(b)(iii), a municipality may annex a
594 portion of an island or peninsula under this section, leaving unincorporated the remainder of
595 the unincorporated island or peninsula, if:
596 (i) in adopting the resolution under Subsection (2)(a)(i), the municipal legislative body
597 determines that not annexing the entire unincorporated island or peninsula is in the
598 municipality's best interest; and
599 (ii) for an annexation of one or more unincorporated islands under Subsection
600 (1)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed,
601 complies with the requirement of Subsection (1)(a)(ii)(A) relating to the number of residents.
602 (2) (a) The legislative body of each municipality intending to annex an area under this
603 section shall:
604 (i) adopt a resolution indicating the municipal legislative body's intent to annex the
605 area, describing the area proposed to be annexed;
606 (ii) (A) publish notice at least once a week for three successive weeks in a newspaper
607 of general circulation within the municipality and the area proposed for annexation; or
608 (B) if there is no newspaper of general circulation in the areas described in Subsection
609 (2)(a)(ii)(A), post at least one notice per 1,000 population in places within those areas that are
610 most likely to give notice to the residents of those areas;
611 (iii) send written notice to the board of each local district and special service district
612 whose boundaries contain some or all of the area proposed for annexation and to the
613 legislative body of the county in which the area proposed for annexation is located; and
614 (iv) hold a public hearing on the proposed annexation no earlier than 30 days after the
615 adoption of the resolution under Subsection (2)(a)(i).
616 (b) Each notice under Subsections (2)(a)(ii) and (iii) shall:
617 (i) state that the municipal legislative body has adopted a resolution indicating its

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

646 Subsection (3)(a) if the owners of at least 75% of the total private land area within the entire
647 area proposed for annexation, representing at least 75% of the value of the private real
648 property within the entire area proposed for annexation, have consented in writing to the
649 annexation.
650 (ii) Upon [adoption of] the effective date under Section 10-2-425 of an annexation
651 approved by an ordinance adopted under Subsection (3)(b)(i), the area annexed shall be
652 conclusively presumed to be validly annexed.
653 (4) (a) If protests are timely filed that comply with Subsection (3), the municipal
654 legislative body may not adopt an ordinance [annexing] approving the annexation of the area
655 proposed for annexation, and the annexation proceedings under this section shall be
656 considered terminated.
657 (b) Subsection (4)(a) may not be construed to prohibit the municipal legislative body
658 from excluding from a proposed annexation under Subsection (1)(a)(ii) the property within an
659 unincorporated island regarding which protests have been filed and proceeding under
660 Subsection (1)(b) to annex some or all of the remaining portion of the unincorporated island.
661 Section 8. Section 10-2-419 is amended to read:
662 10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
663 (1) The legislative bodies of two or more municipalities having common boundaries
664 may adjust their common boundaries as provided in this section.
665 (2) (a) The legislative body of each municipality intending to adjust a boundary that is
666 common with another municipality shall:
667 (i) adopt a resolution indicating the intent of the municipal legislative body to adjust a
668 common boundary;
669 (ii) hold a public hearing on the proposed adjustment no less than 60 days after the
670 adoption of the resolution under Subsection (2)(a)(i); and
671 (iii) (A) publish notice at least once a week for three successive weeks in a newspaper
672 of general circulation within the municipality; or
673 (B) if there is no newspaper of general circulation within the municipality, post at least

674 one notice per 1,000 population in places within the municipality that are most likely to give
675 notice to residents of the municipality.
676 (b) The notice required under Subsection (2)(a)(iii) shall:
677 (i) state that the municipal legislative body has adopted a resolution indicating the
678 municipal legislative body's intent to adjust a boundary that the municipality has in common
679 with another municipality;
680 (ii) describe the area proposed to be adjusted;
681 (iii) state the date, time, and place of the public hearing required under Subsection
682 (2)(a)(ii);
683 (iv) state in conspicuous and plain terms that the municipal legislative body will adjust
684 the boundaries unless, at or before the public hearing under Subsection (2)(a)(ii), written
685 protests to the adjustment are filed by the owners of private real property that:
686 (A) is located within the area proposed for adjustment;
687 (B) covers at least 25% of the total private land area within the area proposed for
688 adjustment; and
689 (C) is equal in value to at least 15% of the value of all private real property within the
690 area proposed for adjustment; and
691 (v) state that the area that is the subject of the boundary adjustment will, because of
692 the boundary adjustment, be automatically annexed to a local district providing fire protection,
693 paramedic, and emergency services, as provided in Section 17B-1-416 , if:
694 (A) the municipality to which the area is being added because of the boundary
695 adjustment is entirely within the boundaries of a local district:
696 (I) that provides fire protection, paramedic, and emergency services; and
697 (II) in the creation of which an election was not required because of Subsection
698 17B-1-214 (3)(c); and
699 (B) the municipality from which the area is being taken because of the boundary
700 adjustment is not within the boundaries of the local district; and
701 (vi) state that the area proposed for annexation to the municipality will be

702 automatically withdrawn from a local district providing fire protection, paramedic, and
703 emergency services, as provided in Subsection 17B-1-502 (2), if:
704 (A) the municipality to which the area is being added because of the boundary
705 adjustment is not within the boundaries of a local district:
706 (I) that provides fire protection, paramedic, and emergency services; and
707 (II) in the creation of which an election was not required because of Subsection
708 17B-1-214 (3)(c); and
709 (B) the municipality from which the area is being taken because of the boundary
710 adjustment is entirely within the boundaries of the local district.
711 (c) The first publication of the notice required under Subsection (2)(a)(iii)(A) shall be
712 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
713 (2)(a)(i).
714 (3) Upon conclusion of the public hearing under Subsection (2)(a)(ii), the municipal
715 legislative body may adopt an ordinance [adjusting] approving the adjustment of the common
716 boundary unless, at or before the hearing under Subsection (2)(a)(ii), written protests to the
717 adjustment have been filed with the city recorder or town clerk, as the case may be, by the
718 owners of private real property that:
719 (a) is located within the area proposed for adjustment;
720 (b) covers at least 25% of the total private land area within the area proposed for
721 adjustment; and
722 (c) is equal in value to at least 15% of the value of all private real property within the
723 area proposed for adjustment.
724 (4) The municipal legislative body shall comply with the requirements of Section
725 10-2-425 as if the boundary [change] adjustment were an annexation.
726 (5) (a) An ordinance adopted under Subsection (3) becomes effective when each
727 municipality involved in the boundary adjustment has adopted an ordinance under Subsection
728 (3) [and as determined under Subsection 10-2-425 (5) if the boundary change were an
729 annexation].

730 (b) The effective date of a boundary adjustment under this section is governed by
731 Section 10-2-425 .
732 Section 9. Section 10-2-425 is amended to read:
733 10-2-425. Filing of notice and plat -- Recording and notice requirements --
734 Effective date of annexation or boundary adjustment.
735 [(1) Within 30 days after enacting an ordinance annexing an unincorporated area or
736 adjusting a boundary under this part, the municipal legislative body shall:]
737 [(a) send notice of the enactment to each affected entity;]
738 [(b)] (1) The legislative body of each municipality that enacts an ordinance under this
739 part approving the annexation of an unincorporated area or the adjustment of a boundary shall:
740 (a) within 30 days after enacting the ordinance or, in the case of a boundary
741 adjustment, within 30 days after each of the municipalities involved in the boundary
742 adjustment has enacted an ordinance, file with the lieutenant governor:
743 [(i) a certified copy of the ordinance approving the annexation or boundary
744 adjustment, together with a plat or map prepared by a licensed surveyor, approved by the
745 municipal legislative body, and filed with the county surveyor in accordance with Section
746 17-23-17 , showing the new boundaries of the affected area; and]
747 [(ii) (A) if the municipality has articles of incorporation, amended articles of
748 incorporation reflecting the annexation or boundary adjustment, as provided in Section
749 10-1-117 ; or]
750 [(B) if the municipality does not have articles of incorporation, written notice of the
751 adoption of an annexation ordinance, accompanied by a copy of the ordinance; and]
752 (i) a notice of an impending boundary action, as defined in Section 67-1a-6.5 , that
753 meets the requirements of Subsection 67-1a-6.5 (3); and
754 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
755 (b) upon the lieutenant governor's issuance of a certificate of annexation or boundary
756 adjustment, as the case may be, under Section 67-1a-6.5 :
757 (i) (A) if the annexed area or area subject to the boundary adjustment is located within

758 the boundary of a single county, submit to the recorder of that county:
759 (I) the original:
760 (Aa) notice of an impending boundary action;
761 (Bb) certificate of annexation or boundary adjustment; and
762 (Cc) approved final local entity plat; and
763 (II) a certified copy of the ordinance approving the annexation or boundary
764 adjustment; or
765 (B) if the annexed area or area subject to the boundary adjustment is located within
766 the boundaries of more than a single county:
767 (I) submit to the recorder of one of those counties:
768 (Aa) the original of the documents listed in Subsections (1)(b)(i)(A)(I)(Aa), (Bb), and
769 (Cc); and
770 (Bb) a certified copy of the ordinance approving the annexation or boundary
771 adjustment; and
772 (II) submit to the recorder of each other county:
773 (Aa) a certified copy of the documents listed in Subsections (1)(b)(i)(A)(I)(Aa), (Bb),
774 and (Cc); and
775 (Bb) a certified copy of the ordinance approving the annexation or boundary
776 adjustment;
777 (ii) send notice of the annexation or boundary adjustment to each affected entity; and
778 [(c)] (iii) in accordance with Section 26-8a-414 , file [the documents described in
779 Subsection (1)(b)(i)] with the Department of Health[.]:
780 (A) a certified copy of the ordinance approving the annexation of an unincorporated
781 area or the adjustment of a boundary; and
782 (B) a copy of the approved final local entity plat.
783 (2) If an annexation or boundary adjustment under this part also causes an automatic
784 annexation to a local district under Section 17B-1-416 or an automatic withdrawal from a
785 local district under Subsection 17B-1-502 (2), the municipal legislative body shall, as soon as

786 practicable after [enacting an ordinance annexing an unincorporated area or adjusting a
787 boundary] the lieutenant governor issues a certificate of annexation or boundary adjustment
788 under Section 67-1a-6.5 , send notice of the annexation or boundary adjustment to the local
789 district to which the annexed area is automatically annexed or from which the annexed area is
790 automatically withdrawn.
791 [(3) The municipal legislative body shall comply with the notice requirements of
792 Section 10-1-116 .]
793 [(4)] (3) Each notice required under [Subsections (1) and (3)] Subsection (1) relating
794 to an annexation or boundary adjustment shall state the effective date of the annexation or
795 boundary adjustment, as determined under Subsection [(5)] (4).
796 [(5)] (4) An annexation or boundary adjustment under this part is completed and takes
797 effect:
798 (a) for the annexation of or boundary adjustment affecting an area located in a county
799 of the first class, except for an annexation under Section 10-2-418 :
800 (i) July 1 following [enactment of an ordinance annexing the unincorporated area] the
801 lieutenant governor's issuance under Section 67-1a-6.5 of a certificate of annexation or
802 boundary adjustment if:
803 (A) the [ordinance is adopted] certificate is issued during the preceding November 1
804 through April 30; and
805 (B) the requirements of Subsection (1) are met before that July 1; or
806 (ii) January 1 following [enactment of an ordinance annexing the unincorporated area]
807 the lieutenant governor's issuance under Section 67-1a-6.5 of a certificate of annexation or
808 boundary adjustment if:
809 (A) the [ordinance is adopted] certificate is issued during the preceding May 1 through
810 October 31; and
811 (B) the requirements of Subsection (1) are met before that January 1; and
812 (b) for all other annexations and boundary adjustments, the date of the lieutenant
813 governor's issuance, under Section 67-1a-6.5 , of[:] a certificate of annexation or boundary

814 adjustment.
815 [(i) a certification of amended articles under Subsection 10-1-117 (3), for an
816 annexation by a municipality that has articles of incorporation and filed with the lieutenant
817 governor amended articles of incorporation under Subsection (1)(a)(iii)(A); or]
818 [(ii) a certificate of annexation under Subsection (1)(b), for an annexation by a
819 municipality that does not have articles of incorporation and filed with the lieutenant governor
820 a notice of adoption of an annexation ordinance under Subsection (1)(a)(iii)(B).]
821 (5) (a) As used in this Subsection (5):
822 (i) "Affected area" means:
823 (A) in the case of an annexation, the annexed area; and
824 (B) in the case of a boundary adjustment, any area that, as a result of the boundary
825 adjustment, is moved from within the boundary of one municipality to within the boundary of
826 another municipality.
827 (ii) "Annexing municipality" means:
828 (A) in the case of an annexation, the municipality that annexes an unincorporated
829 area; and
830 (B) in the case of a boundary adjustment, a municipality whose boundary includes an
831 affected area as a result of a boundary adjustment.
832 (b) The effective date of an annexation or boundary adjustment for purposes of
833 assessing property within an affected area is governed by Section 59-2-305.5 .
834 (c) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the
835 recorder of each county in which the property is located, a municipality may not:
836 (i) levy or collect a property tax on property within an affected area;
837 (ii) levy or collect an assessment on property within an affected area; or
838 (iii) charge or collect a fee for service provided to property within an affected area,
839 unless the municipality was charging and collecting the fee within that area immediately
840 before annexation.
841 Section 10. Section 10-2-507 is amended to read:

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

870 (II) a certified copy of the ordinance approving the disconnection or the court order
871 ordering disconnection; and
872 (B) submit to the recorder of each other county:
873 (I) a certified copy of the documents listed in Subsections (2)(b)(i)(A)(I), (II), and (III);
874 and
875 (II) a certified copy of the ordinance approving the disconnection or the court order
876 ordering disconnection.
877 [(b)] (3) The disconnection is effective upon the lieutenant governor's [certification of
878 the] issuance of a certificate of disconnection [order] under Section 67-1a-6.5 .
879 [(2) The municipality shall file amended articles of incorporation in the lieutenant
880 governor's office, as provided in Section 10-1-117 , and the county recorder's office within 30
881 days after, as the case may be:]
882 [(a) adoption of an ordinance approving disconnection under Subsection
883 10-2-502.5 (4)(b); or]
884 [(b) entry of a court order under Section 10-2-502.7 ordering disconnection.]
885 [(3) The amended articles of incorporation shall:]
886 [(a) describe the postdisconnection geography of the municipality; and]
887 [(b) specify the postdisconnection population of the municipality.]
888 [(4) The lieutenant governor shall comply with the requirements of Subsection
889 10-1-117 (3).]
890 (4) (a) The effective date of a disconnection for purposes of assessing property within
891 the disconnected territory is governed by Section 59-2-305.5 .
892 (b) Until the documents listed in Subsection (2)(b) are recorded in the office of the
893 recorder of each county in which the property is located, a county in which the disconnected
894 territory is located may not:
895 (i) except as provided in Section 10-2-506 , levy or collect a property tax on property
896 within the disconnected territory unless the county was levying and collecting the tax
897 immediately before disconnection;

898 (ii) levy or collect an assessment on property within the disconnected territory unless
899 the county was levying and collecting the assessment immediately before disconnection; or
900 (iii) charge or collect a fee for service provided to property within the disconnected
901 territory unless the county was charging and collecting the fee immediately before
902 disconnection.
903 (5) Any cost incurred by the municipality in complying with this section may be
904 charged against the disconnected territory.
905 [(6) The legislative body of each municipality that has had territory disconnected
906 shall comply with the notice requirements of Section 10-1-116 .]
907 Section 11. Section 10-2-610 is amended to read:
908 10-2-610. Canvass of election -- Notice of results -- Filing of notice and plat --
909 Recording requirements.
910 (1) The [commissioners of the] legislative body of each county [or counties] in which
911 a proposed consolidating municipality is located shall canvass the results of the election or
912 elections in the same manner as for general elections and shall certify the results of the election
913 to the county clerk or clerks.
914 (2) If a majority of the ballots cast at the election on consolidation in each
915 municipality are for consolidation, the county clerk or clerks shall immediately, on receiving
916 notice of the results of the canvass [being filed in the proper office] under Subsection (1), give
917 notice of the result by publication in the same manner and for the same time as provided in
918 Section 10-2-608 [and in the notice the county clerk or clerks shall indicate to which class the
919 consolidated municipality belongs. A copy of the notice with proper proof of its original
920 publication shall be filed with the papers, and a certified copy of all papers and record entries
921 relating to the matter on file in the county clerk's office shall be filed in the office of the
922 county recorder. The mayor of the consolidated municipality shall cause articles of
923 consolidation to be filed in the office of the lieutenant governor which shall contain the same
924 information as is required in Subsection 10-2-119 (2) together with a provision stating that the
925 municipality is a consolidation of two or more municipalities and the names of the

926 municipalities which comprise the new municipality].
927 (3) The mayors of the municipalities to be consolidated shall:
928 (a) within 30 days after the canvass of an election at which voters approve
929 consolidation, file with the lieutenant governor:
930 (i) a copy of a notice of an impending boundary action, as defined in Section
931 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
932 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
933 (b) upon the lieutenant governor's issuance of a certificate of consolidation under
934 Section 67-1a-6.5 :
935 (i) if the consolidated municipality is located within the boundary of a single county,
936 submit to the recorder of that county the original:
937 (A) notice of an impending boundary action;
938 (B) certificate of consolidation; and
939 (C) approved final local entity plat; or
940 (ii) if the consolidated municipality is located within the boundaries of more than a
941 single county, submit the original of the documents listed in Subsections (3)(b)(i)(A), (B), and
942 (C) to the recorder of one of those counties and a certified copy of those documents to the
943 recorder of each other county.
944 Section 12. Section 10-2-611 is amended to read:
945 10-2-611. When consolidation effective -- Disincorporation of original
946 municipalities -- Effective date for assessment purposes.
947 (1) Upon the lieutenant governor's [certification of the articles] issuance of a
948 certificate of consolidation under Section 67-1a-6.5 [, the incorporation of the new
949 municipality shall be complete and]:
950 (a) the consolidation is effective; and
951 (b) the original municipalities involved in the consolidation [shall be considered to be]
952 are disincorporated.
953 [(2) The legislative body of the new municipality shall comply with the notice

954 requirements of Section 10-1-116 .]
955 (2) (a) The effective date of a consolidation of municipalities for purposes of assessing
956 property within the consolidated municipality is governed by Section 59-2-305.5 .
957 (b) Until the documents listed in Subsection 10-2-610 (3)(b) are recorded in the office
958 of the recorder of each county in which the property is located, a consolidated municipality
959 may not:
960 (i) levy or collect a property tax on property within the consolidated municipality;
961 (ii) levy or collect an assessment on property within the consolidated municipality; or
962 (iii) charge or collect a fee for service provided to property within the consolidated
963 municipality.
964 Section 13. Section 10-2-705 is amended to read:
965 10-2-705. Judgment -- Determination of claims.
966 The vote shall be taken and canvassed in the same manner as in other municipal
967 elections, and return thereof made to the district court. If the district court finds that a
968 majority of the votes cast favored dissolution, a judgment shall be entered [dissolving]
969 approving the dissolution of the municipality and, upon dissolution, the corporate powers of
970 such municipality shall cease, and the court shall cause notice to be given in a manner to be
971 prescribed by it, requiring all claims against the municipality to be filed in the court within a
972 time fixed in the notice, not exceeding six months, and all claims not so filed shall be forever
973 barred. At the expiration of the time so fixed the court shall adjudicate claims so filed, which
974 shall be treated as denied, and any citizen of the municipality at the time the vote was taken
975 may appear and defend against any claim so filed, or the court may in its discretion appoint
976 some person for that purpose.
977 Section 14. Section 10-2-711 is amended to read:
978 10-2-711. Dissolution by the county legislative body.
979 (1) (a) A municipality having fewer than 50 residents may be dissolved on application
980 to the district court by the county legislative body of the county where the municipality is
981 located.

982 (b) (i) The population figure under Subsection (1)(a) shall be derived from the most
983 recent official census or census estimate of the United States Bureau of the Census.
984 (ii) If the population figure is not available from the United States Bureau of the
985 Census, the population figure shall be derived from the estimate from the Utah Population
986 Estimates Committee.
987 (2) Notice of the application shall be served on the municipality in the manner
988 prescribed by law or by publication in the manner provided by law if the municipal authorities
989 cannot be served.
990 (3) The district court may enter an order approving the dissolution of the municipality
991 [dissolved] on a finding that the existence of the municipality serves no valid municipal
992 purpose, its existence is a sham, or on a clear and convincing showing that the best interests of
993 the community would be served by the dissolution.
994 (4) If the municipality is dissolved, the district court shall wind down the affairs and
995 dissolve the municipality as quickly as possible in the same manner as is provided in Sections
996 10-2-705 through 10-2-709 .
997 Section 15. Section 10-2-712 is amended to read:
998 10-2-712. Power of court -- Articles of dissolution -- Notice to lieutenant
999 governor -- Recording requirements -- Effective date of dissolution.
1000 (1) The district court may:
1001 (a) enforce compliance with any order issued to give effect to this part by proceedings
1002 for contempt; and
1003 (b) appoint any person to assist it in carrying out the provisions of this part.
1004 (2) (a) [The] Upon entering an order approving the dissolution of a municipality, the
1005 district court shall file [articles of dissolution] with the lieutenant governor [on the dissolution
1006 of the municipality.]:
1007 (i) a copy of a notice of an impending boundary action, as defined in Section
1008 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
1009 (ii) a certified copy of the court order approving the dissolution.

1010 (b) Upon the lieutenant governor's [certification of the articles] issuance of a
1011 certificate of dissolution[,] under Section 67-1a-6.5 :
1012 (i) the municipality is dissolved [under Section 67-1a-6.5 .]; and
1013 (ii) the court shall:
1014 (A) if the dissolved municipality was located within the boundary of a single county,
1015 submit to the recorder of that county:
1016 (I) a certified copy of the court order approving dissolution of the municipality; and
1017 (II) the original certificate of dissolution; or
1018 (B) if the dissolved municipality was located within the boundaries of more than a
1019 single county:
1020 (I) submit to the recorder of one of those counties:
1021 (Aa) a certified copy of the court order approving dissolution of the municipality; and
1022 (Bb) the original certificate of dissolution; and
1023 (II) submit to the recorder of each other county:
1024 (Aa) a certified copy of the court order approving dissolution of the municipality; and
1025 (Bb) a certified copy of the certificate of dissolution.
1026 (3) (a) The effective date of a dissolution of a municipality for purposes of assessing
1027 property within the dissolved municipality is governed by Section 59-2-305.5 .
1028 (b) Until the documents listed in Subsection (2)(b)(ii) are recorded in the office of the
1029 recorder of each county in which the property is located, a county in which a dissolved
1030 municipality is located may not:
1031 (i) levy or collect a property tax on property within the former boundary of the
1032 dissolved municipality unless the county was levying and collecting the tax immediately
1033 before dissolution;
1034 (ii) levy or collect an assessment on property within the former boundary of the
1035 dissolved municipality unless the county was levying and collecting the assessment
1036 immediately before dissolution; or
1037 (iii) charge or collect a fee for service provided to property within the former boundary

1038 of the dissolved municipality unless the county was levying and collecting the fee immediately
1039 before dissolution.
1040 Section 16. Section 10-6-111 is amended to read:
1041 10-6-111. Tentative budget to be prepared -- Contents -- Estimate of
1042 expenditures -- Budget message -- Review by governing body.
1043 (1) (a) On or before the first regularly scheduled meeting of the governing body in the
1044 last May of the current period, the budget officer shall prepare for the ensuing fiscal period, on
1045 forms provided by the state auditor, and file with the governing body, a tentative budget for
1046 each fund for which a budget is required.
1047 (b) The tentative budget of each fund shall set forth in tabular form [the following]:
1048 [(a) Actual] (i) the actual revenues and expenditures in the last completed fiscal
1049 period[.];
1050 [(b) Budget] (ii) the budget estimates for the current fiscal period[.];
1051 [(c) Actual] (iii) the actual revenues and expenditures for a period of 6 to 21 months,
1052 as appropriate, of the current fiscal period[.];
1053 [(d) Estimated] (iv) the estimated total revenues and expenditures for the current
1054 fiscal period[.];
1055 [(e) The] (v) the budget officer's estimates of revenues and expenditures for the
1056 budget period, computed [in the following manner:] as provided in Subsection (1)(c); and
1057 [(i) The budget officer shall estimate, on the basis of demonstrated need, the
1058 expenditures for the budget period after a review of the budget requests and estimates of the
1059 department heads. Each department head shall be heard by the budget officer prior to making
1060 of the final estimates, but the officer may revise any department's estimate as the officer
1061 considers advisable for the purpose of presenting the budget to the governing body.]
1062 [(ii) The budget officer shall estimate the amount of revenue available to serve the
1063 needs of each fund, estimate the portion to be derived from all sources other than general
1064 property taxes, and estimate the portion that must be derived from general property taxes.
1065 From the latter estimate the officer shall compute and disclose in the budget the lowest rate of

1066 property tax levy that will raise the required amount of revenue, calculating the levy upon the
1067 latest taxable value.]
1068 [(f) If] (vi) if the governing body elects, the actual performance experience to the
1069 extent established by Section 10-6-154 and available in work units, unit costs, man hours, or
1070 man years for each budgeted fund on an actual basis for the last completed fiscal period, and
1071 estimated for the current fiscal period and for the ensuing budget period.
1072 (c) (i) In making estimates of revenues and expenditures under Subsection (1)(b)(v),
1073 the budget officer shall estimate:
1074 (A) on the basis of demonstrated need, the expenditures for the budget period, after:
1075 (I) hearing each department head; and
1076 (II) reviewing the budget requests and estimates of the department heads; and
1077 (B) (I) the amount of revenue available to serve the needs of each fund;
1078 (II) the portion of revenue to be derived from all sources other than general property
1079 taxes; and
1080 (III) the portion of revenue that must be derived from general property taxes.
1081 (ii) The budget officer may revise any department's estimate under Subsection
1082 (1)(c)(i)(A)(II) that the officer considers advisable for the purpose of presenting the budget to
1083 the governing body.
1084 (iii) From the estimate made under Subsection (1)(c)(i)(B)(III), the budget officer shall
1085 compute and disclose in the budget the lowest rate of property tax levy that will raise the
1086 required amount of revenue, calculating the levy upon the latest taxable value.
1087 (2) (a) Each tentative budget, when filed by the budget officer with the governing
1088 body, shall contain the estimates of expenditures submitted by department heads, together with
1089 specific work programs and such other supporting data as this chapter requires or the
1090 governing body may request. Each city of the first or second class shall, and a city of the third,
1091 fourth, or fifth class may, submit a supplementary estimate of all capital projects which each
1092 department head believes should be undertaken within the next three succeeding years.
1093 (b) Each tentative budget submitted by the budget officer to the governing body shall

1094 be accompanied by a budget message, which shall explain the budget, contain an outline of
1095 the proposed financial policies of the city for the budget period, and shall describe the
1096 important features of the budgetary plan. It shall set forth the reasons for salient changes from
1097 the previous fiscal period in appropriation and revenue items and shall explain any major
1098 changes in financial policy.
1099 (3) Each tentative budget shall be reviewed, considered, and tentatively adopted by the
1100 governing body in any regular meeting or special meeting called for the purpose and may be
1101 amended or revised in such manner as is considered advisable prior to public hearings, except
1102 that no appropriation required for debt retirement and interest or reduction of any existing
1103 deficits pursuant to Section 10-6-117 , or otherwise required by law or ordinance, may be
1104 reduced below the minimums so required.
1105 (4) (a) If the municipality is acting pursuant to Section 10-2-120 , the tentative budget
1106 shall:
1107 (i) be submitted to the governing body-elect as soon as practicable [after the filing of
1108 the notice under Section 10-2-120 indicating the proposed date for filing the articles of
1109 incorporation]; and
1110 (ii) cover each fund for which a budget is required from the date of incorporation to
1111 the end of the fiscal year.
1112 (b) The governing body shall substantially comply with all other provisions of this
1113 [act] chapter, and the budget shall be passed upon incorporation.
1114 Section 17. Section 11-13-203 is amended to read:
1115 11-13-203. Interlocal entities -- Agreement to approve the creation of an
1116 interlocal entity -- Utah interlocal entity may become electric interlocal entity or energy
1117 services interlocal entity.
1118 (1) An interlocal entity is:
1119 (a) separate from the public agencies that create it;
1120 (b) a body politic and corporate; and
1121 (c) a political subdivision of the state.

1122 (2) Any two or more Utah public agencies may enter into an agreement to [create]
1123 approve the creation of a Utah interlocal entity to accomplish the purpose of their joint or
1124 cooperative action, including undertaking and financing a facility or improvement to provide
1125 the service contemplated by that agreement.
1126 (3) (a) A Utah public agency and one or more public agencies may enter into an
1127 agreement to [create] approve the creation of an electric interlocal entity to accomplish the
1128 purpose of their joint or cooperative action if that purpose is to participate in the undertaking
1129 or financing of:
1130 (i) facilities to provide additional project capacity;
1131 (ii) common facilities under Title 54, Chapter 9, Electric Power Facilities Act; or
1132 (iii) electric generation or transmission facilities.
1133 (b) By agreement with one or more public agencies that are not parties to the
1134 agreement creating it, a Utah interlocal entity may be reorganized as an electric interlocal
1135 entity if:
1136 (i) the public agencies that are parties to the agreement creating the Utah interlocal
1137 entity authorize, in the same manner required to amend the agreement creating the Utah
1138 interlocal entity, the Utah interlocal entity to be reorganized as an electric interlocal entity; and
1139 (ii) the purpose of the joint or cooperative action to be accomplished by the electric
1140 interlocal entity meets the requirements of Subsection (3)(a).
1141 (4) (a) Two or more Utah public agencies may enter into an agreement with one
1142 another or with one or more public agencies to [create] approve the creation of an energy
1143 services interlocal entity to accomplish the purposes of their joint and cooperative action with
1144 respect to facilities, services, and improvements necessary or desirable with respect to the
1145 acquisition, generation, transmission, management, and distribution of electric energy for the
1146 use and benefit of the public agencies that enter into the agreement.
1147 (b) (i) A Utah interlocal entity that was created to facilitate the transmission or supply
1148 of electric power may, by resolution adopted by its governing body, elect to become an energy
1149 services interlocal entity.

1150 (ii) Notwithstanding Subsection (4)(b)(i), a Utah interlocal entity that is also a project
1151 entity may not elect to become an energy services interlocal entity.
1152 (iii) An election under Subsection (4)(b)(i) does not alter, limit, or affect the validity
1153 or enforceability of a previously executed contract, agreement, bond, or other obligation of the
1154 Utah interlocal entity making the election.
1155 Section 18. Section 11-13-204 is amended to read:
1156 11-13-204. Powers and duties of interlocal entities -- Additional powers of
1157 energy services interlocal entities -- Length of term of agreement and interlocal entity --
1158 Notice to lieutenant governor -- Recording requirements.
1159 (1) (a) An interlocal entity:
1160 (i) may:
1161 (A) adopt, amend, and repeal rules, bylaws, policies, and procedures for the regulation
1162 of its affairs and the conduct of its business;
1163 (B) sue and be sued;
1164 (C) have an official seal and alter that seal at will;
1165 (D) make and execute contracts and other instruments necessary or convenient for the
1166 performance of its duties and the exercise of its powers and functions;
1167 (E) acquire real or personal property, or an undivided, fractional, or other interest in
1168 real or personal property, necessary or convenient for the purposes contemplated in the
1169 agreement creating the interlocal entity and sell, lease, or otherwise dispose of that property;
1170 (F) directly or by contract with another:
1171 (I) own and acquire facilities and improvements or an undivided, fractional, or other
1172 interest in facilities and improvements;
1173 (II) construct, operate, maintain, and repair facilities and improvements; and
1174 (III) provide the services contemplated in the agreement creating the interlocal entity;
1175 (G) borrow money, incur indebtedness, and issue revenue bonds, notes, or other
1176 obligations and secure their payment by an assignment, pledge, or other conveyance of all or
1177 any part of the revenues and receipts from the facilities, improvements, or services that the

1178 interlocal entity provides;
1179 (H) offer, issue, and sell warrants, options, or other rights related to the bonds, notes,
1180 or other obligations issued by the interlocal entity; and
1181 (I) sell or contract for the sale of the services, output, product, or other benefits
1182 provided by the interlocal entity to:
1183 (I) public agencies inside or outside the state; and
1184 (II) with respect to any excess services, output, product, or benefits, any person on
1185 terms that the interlocal entity considers to be in the best interest of the public agencies that
1186 are parties to the agreement creating the interlocal entity; and
1187 (ii) may not levy, assess, or collect ad valorem property taxes.
1188 (b) An assignment, pledge, or other conveyance under Subsection (1)(a)(i)(G) may, to
1189 the extent provided by the documents under which the assignment, pledge, or other
1190 conveyance is made, rank prior in right to any other obligation except taxes or payments in
1191 lieu of taxes payable to the state or its political subdivisions.
1192 (2) An energy services interlocal entity:
1193 (a) except with respect to any ownership interest it has in facilities providing
1194 additional project capacity, is not subject to:
1195 (i) Part 3, Project Entity Provisions; or
1196 (ii) Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to
1197 Pay Corporate Franchise or Income Tax Act; and
1198 (b) may:
1199 (i) own, acquire, and, by itself or by contract with another, construct, operate, and
1200 maintain a facility or improvement for the generation, transmission, and transportation of
1201 electric energy or related fuel supplies;
1202 (ii) enter into a contract to obtain a supply of electric power and energy and ancillary
1203 services, transmission, and transportation services, and supplies of natural gas and fuels
1204 necessary for the operation of generation facilities;
1205 (iii) enter into a contract with public agencies, investor-owned or cooperative utilities,

1206 and others, whether located in or out of the state, for the sale of wholesale services provided by
1207 the energy services interlocal entity; and
1208 (iv) adopt and implement risk management policies and strategies and enter into
1209 transactions and agreements to manage the risks associated with the purchase and sale of
1210 energy, including forward purchase and sale contracts, hedging, tolling and swap agreements,
1211 and other instruments.
1212 (3) Notwithstanding Section 11-13-216 , an agreement creating an interlocal entity or
1213 an amendment to that agreement may provide that the agreement may continue and the
1214 interlocal entity may remain in existence until the latest to occur of:
1215 (a) 50 years after the date of the agreement or amendment;
1216 (b) five years after the interlocal entity has fully paid or otherwise discharged all of its
1217 indebtedness;
1218 (c) five years after the interlocal entity has abandoned, decommissioned, or conveyed
1219 or transferred all of its interest in its facilities and improvements; or
1220 (d) five years after the facilities and improvements of the interlocal entity are no longer
1221 useful in providing the service, output, product, or other benefit of the facilities and
1222 improvements, as determined under the agreement governing the sale of the service, output,
1223 product, or other benefit.
1224 (4) (a) The governing body of each party to the agreement to [create] approve the
1225 creation of an interlocal entity, including an electric interlocal entity and an energy services
1226 interlocal entity, under Section 11-13-203 shall[,]:
1227 (i) within 30 days [of] after the date of the agreement, jointly file [a written notice of
1228 the agreement] with the lieutenant governor[.]:
1229 [(b) Each written notice required under Subsection (4)(a) shall:]
1230 [(i) be accompanied by:]
1231 [(A) a copy of the agreement to create the interlocal entity; and]
1232 (A) a copy of a notice of an impending boundary action, as defined in Section
1233 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and

1234 (B) if less than all of the territory of any Utah public agency that is a party to the
1235 agreement is included within the interlocal entity, a copy of an approved final local entity plat
1236 [that delineates a metes and bounds description of the area affected or a map of the area
1237 affected; and], as defined in Section 67-1a-6.5 ; and
1238 [(ii) contain a certification by the governing body that all necessary legal requirements
1239 relating to the creation have been completed.]
1240 (ii) upon the lieutenant governor's issuance of a certificate of creation under Section
1241 67-1a-6.5 :
1242 (A) if the interlocal entity is located within the boundary of a single county, submit to
1243 the recorder of that county:
1244 (I) the original:
1245 (Aa) notice of an impending boundary action;
1246 (Bb) certificate of creation; and
1247 (Cc) approved final local entity plat, if an approved final local entity plat was required
1248 to be filed with the lieutenant governor under Subsection (4)(a)(i)(B); and
1249 (II) a certified copy of the agreement approving the creation of the interlocal entity; or
1250 (B) if the interlocal entity is located within the boundaries of more than a single
1251 county:
1252 (I) submit to the recorder of one of those counties:
1253 (Aa) the original of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb), and
1254 (Cc); and
1255 (Bb) a certified copy of the agreement approving the creation of the interlocal entity;
1256 and
1257 (II) submit to the recorder of each other county:
1258 (Aa) a certified copy of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb),
1259 and (Cc); and
1260 (Bb) a certified copy of the agreement approving the creation of the interlocal entity.
1261 [(5)] (b) Upon the lieutenant governor's issuance of a certificate of creation under

1262 Section 67-1a-6.5 , the interlocal entity is created.
1263 (c) Until the documents listed in Subsection (4)(a)(ii) are recorded in the office of the
1264 recorder of each county in which the property is located, a newly created interlocal entity may
1265 not charge or collect a fee for service provided to property within the interlocal entity.
1266 [(6)] (5) Nothing in this section may be construed as expanding the rights of any
1267 municipality or interlocal entity to sell or provide retail service.
1268 Section 19. Section 11-13-205 is amended to read:
1269 11-13-205. Agreement by public agencies to approve the creation of a new entity
1270 to own sewage and wastewater facilities -- Powers and duties of new entities --
1271 Validation of previously created entities -- Notice to lieutenant governor -- Recording
1272 requirements.
1273 (1) It is declared that the policy of the state is to assure the health, safety, and welfare
1274 of its citizens, that adequate sewage and wastewater treatment plants and facilities are essential
1275 to the well-being of the citizens of the state and that the acquisition of adequate sewage and
1276 wastewater treatment plants and facilities on a regional basis in accordance with federal law
1277 and state and federal water quality standards and effluent standards in order to provide
1278 services to public agencies is a matter of statewide concern and is in the public interest. It is
1279 found and declared that there is a statewide need to provide for regional sewage and
1280 wastewater treatment plants and facilities, and as a matter of express legislative determination
1281 it is declared that the compelling need of the state for construction of regional sewage and
1282 wastewater treatment plants and facilities requires the creation of entities under the Interlocal
1283 Cooperation Act to own, construct, operate, and finance sewage and wastewater treatment
1284 plants and facilities; and it is the purpose of this law to provide for the accomplishment thereof
1285 in the manner provided in this section.
1286 (2) Any two or more public agencies of the state may also agree to [create] approve the
1287 creation of a separate legal or administrative entity to accomplish and undertake the purpose of
1288 owning, acquiring, constructing, financing, operating, maintaining, and repairing regional
1289 sewage and wastewater treatment plants and facilities.

1290 (3) A separate legal or administrative entity created [in the manner provided herein]
1291 under this section is considered to be a political subdivision and body politic and corporate of
1292 the state with power to carry out and effectuate its corporate powers, including[, but not
1293 limited to,] the power:
1294 (a) to adopt, amend, and repeal rules, bylaws, and regulations, policies, and procedures
1295 for the regulation of its affairs and the conduct of its business, to sue and be sued in its own
1296 name, to have an official seal and power to alter that seal at will, and to make and execute
1297 contracts and all other instruments necessary or convenient for the performance of its duties
1298 and the exercise of its powers and functions under the Interlocal Cooperation Act;
1299 (b) to own, acquire, construct, operate, maintain, repair, or cause to be constructed,
1300 operated, maintained, and repaired one or more regional sewage and wastewater treatment
1301 plants and facilities, all as shall be set forth in the agreement providing for its creation;
1302 (c) to borrow money, incur indebtedness and issue revenue bonds, notes or other
1303 obligations payable solely from the revenues and receipts derived from all or a portion of the
1304 regional sewage and wastewater treatment plants and facilities which it owns, operates, and
1305 maintains, such bonds, notes, or other obligations to be issued and sold in compliance with the
1306 provisions of Title 11, Chapter 14, Local Government Bonding Act;
1307 (d) to enter into agreements with public agencies and other parties and entities to
1308 provide sewage and wastewater treatment services on such terms and conditions as it considers
1309 to be in the best interests of its participants; and
1310 (e) to acquire by purchase or by exercise of the power of eminent domain, any real or
1311 personal property in connection with the acquisition and construction of any sewage and
1312 wastewater treatment plant and all related facilities and rights-of-way which it owns, operates,
1313 and maintains.
1314 (4) The provisions of Part 3, Project Entity Provisions, do not apply to a legal or
1315 administrative entity created for regional sewage and wastewater treatment purposes under this
1316 section.
1317 (5) All proceedings previously had in connection with the creation of any legal or

1318 administrative entity pursuant to this chapter, and all proceedings previously had by any such
1319 entity for the authorization and issuance of bonds of the entity are validated, ratified, and
1320 confirmed; and these entities are declared to be validly created interlocal cooperation entities
1321 under this chapter. These bonds, whether previously or subsequently issued pursuant to these
1322 proceedings, are validated, ratified, and confirmed and declared to constitute, if previously
1323 issued, or when issued, the valid and legally binding obligations of the entity in accordance
1324 with their terms. Nothing in this section shall be construed to affect or validate any bonds, or
1325 the organization of any entity, the legality of which is being contested at the time this act takes
1326 effect.
1327 (6) (a) The governing body of each party to the agreement to [create] approve the
1328 creation of an entity under this section shall[,]:
1329 (i) within 30 days [of] after the date of the agreement, jointly file [a written notice of
1330 the agreement] with the lieutenant governor[.]:
1331 [(b) Each written notice required under Subsection (6)(a) shall:]
1332 [(i) be accompanied by:]
1333 [(A) a copy of the agreement to create the entity; and]
1334 [(B) a map or plat that delineates a metes and bounds description of the area affected;
1335 and]
1336 [(ii) contain a certification by the governing body that all necessary legal requirements
1337 relating to the creation have been completed.]
1338 (A) a copy of a notice of an impending boundary action, as defined in Section
1339 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
1340 (B) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
1341 (ii) upon the lieutenant governor's issuance of a certificate of creation under Section
1342 67-1a-6.5 :
1343 (A) if the entity is located within the boundary of a single county, submit to the
1344 recorder of that county:
1345 (I) the original:

1346 (Aa) notice of an impending boundary action;
1347 (Bb) certificate of creation; and
1348 (Cc) approved final local entity plat; and
1349 (II) a certified copy of the agreement approving the creation of the entity; or
1350 (B) if the entity is located within the boundaries of more than a single county:
1351 (I) submit to the recorder of one of those counties:
1352 (Aa) the original of the documents listed in Subsections (6)(a)(ii)(A)(I)(Aa), (Bb), and
1353 (Cc); and
1354 (Bb) a certified copy of the agreement approving the creation of the entity; and
1355 (II) submit to the recorder of each other county:
1356 (Aa) a certified copy of the documents listed in Subsections (6)(a)(ii)(A)(I)(Aa), (Bb),
1357 and (Cc); and
1358 (Bb) a certified copy of the agreement approving the creation of the entity.
1359 [(7)] (b) Upon the lieutenant governor's issuance of a certificate of entity creation
1360 under Section 67-1a-6.5 , the entity is created.
1361 (c) Until the documents listed in Subsection (6)(a)(ii) are recorded in the office of the
1362 recorder of each county in which the property is located, a newly created entity under this
1363 section may not charge or collect a fee for service provided to property within the entity.
1364 Section 20. Section 17-2-101 is enacted to read:
1365 CHAPTER 2. COUNTY CONSOLIDATIONS AND ANNEXATIONS
1366 Part 1. Consolidation of Counties
1367 17-2-101. Title.
1368 (1) This chapter is known as "County Consolidations and Annexations."
1369 (2) This part is known as "Consolidation of Counties."
1370 Section 21. Section 17-2-102 is enacted to read:
1371 17-2-102. Definitions.
1372 As used in this part:
1373 (1) "Consolidating county" means the county to which another county is joined or is

1374 proposed to be joined by consolidation under this part.
1375 (2) "Originating county" means the county that is joined or proposed to be joined to
1376 another county by consolidation under this part.
1377 Section 22. Section 17-2-103 , which is renumbered from Section 17-2-1 is
1378 renumbered and amended to read:
1379 [17-2-1]. 17-2-103. Consolidation of counties -- Petition -- Election -- Ballot.
1380 [Whenever] (1) If a majority of the legal voters of any county desire to have the
1381 [territory included within the boundaries of such] county [annexed to] joined to and
1382 consolidated with an adjoining county, they may petition the county legislative body of the
1383 county in which they reside[, which is hereafter referred to as the county to be annexed, as
1384 well as] and the county legislative body of the adjoining county [to which they desire to be
1385 annexed, which shall hereafter be referred to as the annexing county. Such petition must].
1386 (2) Each petition under Subsection (1) shall be presented before the first Monday in
1387 June of any year[, and, if].
1388 (3) (a) If a petition under Subsection (1) is presented in a year during which a regular
1389 general election is held, the county legislative body [must cause said] of the originating county
1390 and the county legislative body of the consolidating county shall cause the proposition to be
1391 submitted to the legal voters of [each of said counties] their respective counties at the
1392 [ensuing] next regular general election[. If the petition].
1393 (b) If a petition under Subsection (1) is presented during a year in which there is no
1394 regular general election, the county legislative body [must] of the originating county and the
1395 county legislative body of the consolidating county shall:
1396 (i) call a special election to be held on the first Tuesday after the first Monday in
1397 November following the presentation of [such] the petition[,]; and [must]
1398 (ii) cause the proposition to be submitted to the legal voters of the respective counties
1399 on that day.
1400 (c) Except as otherwise provided[, such election] in this part, an election under this
1401 Subsection (3) shall be held, the results canvassed, and returns made under the provisions of

1402 the general election laws of the state.
1403 (d) The ballot to be used at an election under this Subsection (3) shall be:
1404 For [annexing] combining ____ county [to] with ____ county.
1405 Against [annexing] combining ____ county [to] with ____ county.
1406 Section 23. Section 17-2-104 , which is renumbered from Section 17-2-3 is
1407 renumbered and amended to read:
1408 [17-2-3]. 17-2-104. Certification of election result to governor.
1409 [The certified abstract of such returns must be filed in the office of the lieutenant
1410 governor, and, if]
1411 If it appears [therefrom] from the certified report that the lieutenant governor receives
1412 under Section 20A-4-304 that a majority of the voters in each of the counties have voted in
1413 favor of [such annexation] consolidation, the lieutenant governor [must] shall certify the result
1414 of [such] the vote to the governor.
1415 Section 24. Section 17-2-105 , which is renumbered from Section 17-2-4 is
1416 renumbered and amended to read:
1417 [17-2-4]. 17-2-105. Governor's proclamation -- Notice and plat to lieutenant
1418 governor -- Recording requirements -- Effective date.
1419 (1) Upon receipt of the election result from the lieutenant governor under Section
1420 [ 17-2-3 ] 17-2-104 , the governor shall issue a proclamation, stating the result of the vote in
1421 each of the counties, and that the [annexation] consolidation of the one county [to] with the
1422 other will take effect as provided in Subsection (3).
1423 (2) [(a) Within 30 days after the issuance of the governor's proclamation under
1424 Subsection (1), the] The legislative body of the [annexing] consolidating county shall:
1425 (a) within 30 days after the issuance of the governor's proclamation under Subsection
1426 (1), send [a notice] to the lieutenant governor[.]:
1427 [(b) Each notice under Subsection (2)(a) shall include:]
1428 [(i) a copy of the governor's proclamation;]
1429 [(ii) a certification that all necessary legal requirements relating to the annexation have

1430 been completed; and]
1431 [(iii) a map or plat that delineates an accurate metes and bounds description of the
1432 annexing county following annexation.]
1433 (i) a copy of a notice of an impending boundary action, as defined in Section
1434 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
1435 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
1436 (b) upon the lieutenant governor's issuance of a certificate of consolidation under
1437 Section 67-1a-6.5 , submit to the recorder of the consolidating county:
1438 (i) the original notice of an impending boundary action;
1439 (ii) the original certificate of consolidation;
1440 (iii) the original approved final local entity plat; and
1441 (iv) a certified copy of the governor's proclamation under Subsection (1).
1442 (3) [An annexation] (a) A consolidation of counties approved at an election under
1443 Section [ 17-2-1 ] 17-2-103 takes effect on January 1 of the year immediately following the
1444 lieutenant governor's issuance of [the: (a) governor's proclamation; and (b)] a certificate of
1445 consolidation [by the lieutenant governor] under Section 67-1a-6.5 .
1446 (b) (i) The effective date of a consolidation of counties for purposes of assessing
1447 property within the consolidating county is governed by Section 59-2-305.5 .
1448 (ii) Until the documents listed in Subsection (2)(b) are recorded in the office of the
1449 recorder of the county in which the property is located, a consolidating county may not:
1450 (A) levy or collect a property tax on property in the consolidating county that used to
1451 be in the originating county;
1452 (B) levy or collect an assessment on property in the consolidating county that used to
1453 be in the originating county; or
1454 (C) charge or collect a fee for service provided to property within the consolidating
1455 county that used to be in the originating county.
1456 Section 25. Section 17-2-106 , which is renumbered from Section 17-2-5 is
1457 renumbered and amended to read:

1458 [17-2-5]. 17-2-106. Effect of consolidation.
1459 [Whenever a majority of the legal voters of each of the counties to which the
1460 proposition is submitted vote in favor of annexing one county to another in the manner
1461 provided in this chapter such annexation shall be made under the following conditions:]
1462 [(1) Such annexation shall be complete and take effect on the first Monday of January
1463 following the day of the election at which such proposition was submitted.]
1464 [(2)] (1) All territory [theretofore] included within the boundaries of the originating
1465 county [annexed shall become] becomes, upon consolidation, the territory of the [annexing]
1466 consolidating county.
1467 [(3)] (2) The precincts and school districts existing in the originating county [annexed
1468 shall] continue and become precincts and school districts in the [annexing] consolidating
1469 county and [shall] remain as then organized until changed in the manner provided by law, and
1470 the officers of [such] those precincts and school districts [shall] hold their respective offices
1471 until the expiration of the applicable terms [thereof].
1472 [(4) All] (3) The ownership of all property, both real and personal, held and owned by
1473 the originating county [annexed shall be] at the time of consolidation is vested in the
1474 [annexing] consolidating county.
1475 [(5)] (4) The terms of all county officers in the originating county [annexed shall]
1476 terminate and cease on the day the [annexation] consolidation takes effect, and [it is made the
1477 duty of such] those officers [to] shall immediately deliver to the corresponding officers of the
1478 [annexing] consolidating county all books, records, and papers of the [annexed] originating
1479 county.
1480 [(6)] (5) Any person who is confined under lawful commitment in the county jail of
1481 the originating county [annexed], or otherwise lawfully held to answer for alleged violation of
1482 any of the criminal laws of this state, shall be immediately delivered to the sheriff of the
1483 [annexing] consolidating county, and such person shall be confined in its county jail for the
1484 unexpired term of the sentence or held as specified in the commitment.
1485 [(7)] (6) (a) All criminal proceedings pending in the originating county [annexed]

1486 shall be prosecuted to judgment and execution in the [annexing] consolidating county[; all].
1487 (b) All offenses [theretofore] committed in the originating county [annexed which
1488 shall not have] before consolidation that have not been prosecuted shall be prosecuted in the
1489 [annexing] consolidating county.
1490 [(8)] (7) All actions, proceedings, and matters pending in the district court of the
1491 originating county [annexed] may be proceeded with in the district court of the [annexing]
1492 consolidating county.
1493 [(9)] (8) All indebtedness of the originating county [annexed shall be] are transferred
1494 to and become the indebtedness of the [annexing] consolidating county with the same effect as
1495 if it had been incurred by [such] the consolidating county.
1496 Section 26. Section 17-2-201 is enacted to read:
1497 Part 2. County Annexation
1498 17-2-201. Title.
1499 This part is known as "County Annexation."
1500 Section 27. Section 17-2-202 is enacted to read:
1501 17-2-202. Definitions.
1502 As used in this part:
1503 (1) "Annexing county" means the county to which a portion of an adjoining county is
1504 annexed or proposed to be annexed as provided in this part.
1505 (2) "Initiating county" means the county, from which a portion is annexed or proposed
1506 to be annexed to an adjoining county.
1507 Section 28. Section 17-2-203 , which is renumbered from Section 17-2-6 is
1508 renumbered and amended to read:
1509 [17-2-6]. 17-2-203. Annexation of portion of county to adjoining county --
1510 Petition -- Election -- Ballot.
1511 (1) (a) Except as provided in Section [ 17-2-13 , whenever] 17-2-209 , if a majority of
1512 the legal voters of any portion of any county, in number equal to a majority of the votes cast at
1513 the preceding general election within that portion of the county, desire to have the territory

1514 within which they reside included within the boundaries of an adjoining county, they may
1515 petition the county legislative body of the county in which they reside[, which is hereafter
1516 referred to as the county from which territory is to be taken, as well as] and the county
1517 legislative body of the adjoining county [to which they desire to be annexed, which is referred
1518 to as the annexing county].
1519 (b) [Such] Each petition [must] under Subsection (1)(a) shall be presented before the
1520 first Monday in June of a year during which a general election is held[, and the county].
1521 (c) If a petition is presented under Subsection (1)(a), at the ensuing regular general
1522 election:
1523 (i) the legislative body [must] of the initiating county shall cause [such] the
1524 proposition to be submitted to the legal voters residing in the initiating county [from which
1525 territory is to be taken as well as]; and
1526 (ii) the legislative body of the annexing county shall cause the proposition to be
1527 submitted to the legal voters of the annexing county [at the ensuing general election].
1528 (2) (a) Except as otherwise provided, the election provided in Subsection (1) shall be
1529 held, the results canvassed, and returns made under the provisions of the general election laws
1530 of the state.
1531 (b) The ballot to be used shall be:
1532 For annexing a portion of ____ county to ____ county.
1533 Against annexing a portion of ____ county to ____ county.
1534 Section 29. Section 17-2-204 , which is renumbered from Section 17-2-8 is
1535 renumbered and amended to read:
1536 [17-2-8]. 17-2-204. Certification of election result to governor.
1537 [(1) The certified abstract under Section 17-2-7 shall be filed in the office of the
1538 lieutenant governor.]
1539 [(2)] In an election held under Subsection [ 17-2-6 (1)] 17-2-203 (1), if it appears from
1540 the certified [abstracts] report that the lieutenant governor receives under Section 20A-4-304
1541 that a majority [in each county] of those voting in each county have voted in favor of [such]

1542 the annexation, the lieutenant governor shall certify the result of [such] the vote to the
1543 governor.
1544 Section 30. Section 17-2-205 , which is renumbered from Section 17-2-9 is
1545 renumbered and amended to read:
1546 [17-2-9]. 17-2-205. Governor's proclamation -- Notice to lieutenant governor
1547 -- Recording requirements -- Effective date.
1548 (1) Upon receipt of the lieutenant governor's certification under Section [ 17-2-8 ]
1549 17-2-204 , the governor shall issue a proclamation, stating the result of the vote in each county,
1550 and that the annexation of the territory to the annexing county will take effect as provided in
1551 Subsection (3).
1552 (2) [(a) Within 30 days after the issuance of the governor's proclamation under
1553 Subsection (1), the] The legislative body of the annexing county shall:
1554 (a) within 30 days after the issuance of the governor's proclamation under Subsection
1555 (1), send [a notice] to the lieutenant governor[.]:
1556 [(b) Each notice under Subsection (2)(a) shall include:]
1557 [(i) a copy of the governor's proclamation;]
1558 [(ii) a certification that all necessary legal requirements relating to the annexation have
1559 been completed; and]
1560 [(iii) a map or plat that delineates an accurate metes and bounds description of the
1561 area that was annexed.]
1562 (i) a copy of a notice of an impending boundary action, as defined in Section
1563 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
1564 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
1565 (b) upon the lieutenant governor's issuance of a certificate of annexation under Section
1566 67-1a-6.5 , submit to the recorder of the annexing county:
1567 (i) the original notice of an impending boundary action;
1568 (ii) the original certificate of consolidation;
1569 (iii) the original approved final local entity plat; and

1570 (iv) a certified copy of the governor's proclamation under Subsection (1).
1571 (3) (a) An annexation approved at an election under Section [ 17-2-6 ] 17-2-203 takes
1572 effect on January 1 of the year immediately following [issuance of the: (a) governor's
1573 proclamation; and (b)] the lieutenant governor's issuance of a certificate of [boundary change
1574 by the lieutenant governor] annexation under Section 67-1a-6.5 .
1575 (b) (i) The effective date of a county annexation for purposes of assessing property
1576 within the annexing county is governed by Section 59-2-305.5 .
1577 (ii) Until the documents listed in Subsection (2)(b) are recorded in the office of the
1578 recorder of the county in which the property is located, an annexing county may not:
1579 (A) levy or collect a property tax on property in the annexing county that used to be in
1580 the initiating county;
1581 (B) levy or collect an assessment on property in the annexing county that used to be in
1582 the initiating county; or
1583 (C) charge or collect a fee for service provided to property within the annexing county
1584 that used to be in the initiating county.
1585 Section 31. Section 17-2-206 , which is renumbered from Section 17-2-10 is
1586 renumbered and amended to read:
1587 [17-2-10]. 17-2-206. Territory becomes part of annexing county -- Division of
1588 revenues.
1589 (1) Upon the effective date of the annexation, all the area proposed to be annexed shall
1590 become part of the annexing county.
1591 (2) (a) The legislative body of the initiating county [in which the area proposed to be
1592 annexed is located before annexation] shall:
1593 (i) until the date of annexation, continue:
1594 (A) to levy and collect ad valorem property tax and other revenues from or pertaining
1595 to the area; and
1596 (B) except as otherwise agreed with the annexing county, to provide the same services
1597 to the area proposed to be annexed as the initiating county provided before the commencement

1598 of the annexation proceedings; and
1599 (ii) after annexation, share pro rata with the annexing county the taxes and service
1600 charges or fees levied and collected by the initiating county during the year of the annexation
1601 if and to the extent that the annexing county provides, by itself or by contract, the same
1602 services for which the initiating county levied and collected the taxes and service charges or
1603 fees.
1604 (b) The pro rata allocation of taxes under Subsection (2)(a)(ii) shall be based on the
1605 date of annexation, and the pro rata allocation of service charges and fees shall be based on the
1606 proportion of services related to the service charges and fees that remain to be rendered after
1607 annexation.
1608 Section 32. Section 17-2-207 , which is renumbered from Section 17-2-11 is
1609 renumbered and amended to read:
1610 [17-2-11]. 17-2-207. Effect on precincts and school districts.
1611 (1) The precincts and school districts in the annexed territory [shall]:
1612 (a) continue[, and shall];
1613 (b) become precincts and school districts in the annexing county; and [shall]
1614 (c) remain as then organized until changed in the manner provided by law[, and the].
1615 (2) The officers of [such] those precincts and school districts [shall] hold their
1616 respective offices until the expiration of [the] their terms [thereof; provided, that whenever
1617 pursuant to the provisions of this chapter any].
1618 (3) If a precinct or school district [shall be] is divided [the same shall become] because
1619 of a county annexation under this part:
1620 (a) the precinct or school district is disorganized, and the property and territory
1621 embraced [therein shall be] in the precinct or school district is subject to the action of the
1622 county legislative body of the respective counties[; provided further, that]; and
1623 (b) any bonded or other indebtedness of [any such] a school district [shall attach]
1624 attaches to[,] and [become] becomes the obligation of[,] the district that [shall be] is created
1625 out of the territory that [shall retain] retains the buildings and other property of the original

1626 district.
1627 Section 33. Section 17-2-208 , which is renumbered from Section 17-2-12 is
1628 renumbered and amended to read:
1629 [17-2-12]. 17-2-208. Pending criminal proceedings.
1630 All criminal proceedings and actions [which shall be] pending in the annexed territory
1631 at the time of annexation shall be prosecuted to judgment and execution in [such] the annexed
1632 territory as part of the annexing county. All offenses [theretofore] committed in the annexed
1633 territory [which shall not] before annexation that have not been prosecuted may be prosecuted
1634 to judgment and execution in [such] the annexed territory or any part of the annexing county.
1635 Section 34. Section 17-2-209 , which is renumbered from Section 17-2-13 is
1636 renumbered and amended to read:
1637 [17-2-13]. 17-2-209. Minor adjustments to county boundaries authorized --
1638 Public hearing -- Joint resolution of county legislative bodies -- Notice and plat to
1639 lieutenant governor -- Recording requirements -- Effective date.
1640 (1) Counties sharing a common boundary may, in accordance with the provisions of
1641 Subsection (2) and Article XI, Section 3, of the Utah Constitution, adjust all or part of the
1642 common boundary to move it up to 1,000 feet from its location before the adjustment.
1643 (2) The legislative bodies of both counties desiring to adjust a common boundary in
1644 accordance with Subsection (1) shall:
1645 (a) hold a joint public hearing on the proposed boundary adjustment;
1646 (b) in addition to the regular notice required for public meetings of the county
1647 legislative bodies, mail written notice to all real property owners of record whose property may
1648 change counties as the result of the proposed adjustment; and
1649 (c) adopt a joint resolution approved by both county legislative bodies [which: (i)
1650 approves] approving the proposed boundary adjustment[;].
1651 [(ii) sets forth the legal description of the county boundary after the adjustment; and]
1652 [(iii) provides an effective date for the boundary adjustment.]
1653 [(3) (a) Within 15 days after the adoption of a joint resolution under Subsection (2)(c)

1654 by both counties, the legislative bodies shall]
1655 (3) The legislative bodies of both counties adopting a joint resolution under
1656 Subsection (2)(c) shall:
1657 (a) within 15 days after adopting the joint resolution, jointly send [a notice] to the
1658 lieutenant governor[.]:
1659 [(b) Each notice under Subsection (3)(a) shall include:]
1660 [(i) a copy of the joint resolution under Subsection (2)(c);]
1661 [(ii) a certification that all necessary legal requirements relating to the boundary
1662 adjustment have been completed; and]
1663 [(iii) a map or plat, verified by the county surveyor, and filed with the county surveyor
1664 in accordance with Section 17-23-17 , that delineates an accurate metes and bounds description
1665 of the boundary adjustment.]
1666 (i) a copy of a notice of an impending boundary action, as defined in Section
1667 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
1668 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
1669 (b) upon the lieutenant governor's issuance of a certificate of boundary adjustment
1670 under Section 67-1a-6.5 , jointly submit to the recorder of the county in which the property is
1671 located after the boundary adjustment:
1672 (i) the original notice of an impending boundary action;
1673 (ii) the original certificate of boundary adjustment;
1674 (iii) the original approved final local entity plat; and
1675 (iv) a certified copy of the joint resolution approving the boundary adjustment.
1676 (4) (a) As used in this Subsection (4):
1677 (i) "Affected area" means an area that, as a result of a boundary adjustment under this
1678 section, is moved from within the boundary of one county to within the boundary of another
1679 county.
1680 (ii) "Receiving county" means a county whose boundary includes an affected area as a
1681 result of a boundary adjustment under this section.

1682 (b) A boundary adjustment under this section takes effect on the date the lieutenant
1683 governor issues a certificate of boundary adjustment under Section 67-1a-6.5 .
1684 (c) (i) The effective date of a boundary adjustment for purposes of assessing property
1685 within an affected area is governed by Section 59-2-305.5 .
1686 (ii) Until the documents listed in Subsection (3)(b) are recorded in the office of the
1687 recorder of the county in which the property is located, a receiving county may not:
1688 (A) levy or collect a property tax on property within an affected area;
1689 (B) levy or collect an assessment on property within an affected area; or
1690 (C) charge or collect a fee for service provided to property within an affected area.
1691 [(4)] (5) Upon the effective date of [the joint resolution under Subsection (2)(c) or the
1692 date the lieutenant governor issues the certificate of] a boundary [change] adjustment under
1693 [Section 67-1a-6.5 , whichever date is later,] this section:
1694 (a) all territory designated to be [annexed] adjusted into another county [shall become]
1695 becomes the territory of the [annexing] other county; and
1696 (b) the provisions of Sections [ 17-2-11 and 17-2-12 shall] 17-2-207 and 17-2-208
1697 apply in the same manner as with [any other annexations] an annexation under this [chapter]
1698 part.
1699 Section 35. Section 17-3-3 is amended to read:
1700 17-3-3. Certification of returns -- Governor's proclamation of creation of new
1701 county -- Notice and plat to lieutenant governor -- Recording requirements -- Effective
1702 date.
1703 [(1) The certified abstract of returns under Section 17-3-2 shall be filed in the office of
1704 the lieutenant governor, who shall certify the result to the governor.]
1705 [(2)] (1) If it appears that any proposition submitted to the electors as provided in this
1706 chapter has been carried in the affirmative by a majority vote of the qualified electors residing
1707 in that portion of the county proposed as a new county, and also by a majority vote of the
1708 qualified electors residing in the remaining portion of that county[,]:
1709 (a) the lieutenant governor, upon receiving the certified report under Section

1710 20A-4-304 , shall certify the result to the governor; and
1711 (b) upon receiving the results from the lieutenant governor under Subsection (1)(a),
1712 the governor shall issue a proclamation, stating:
1713 [(a)] (i) the result of the vote in each division of the county;
1714 [(b)] (ii) the name and boundaries of the new county;
1715 [(c)] (iii) the boundaries of the original county as changed by the creation of the new
1716 county;
1717 [(d)] (iv) that the creation of the new county will take effect on the first Monday in
1718 January following the lieutenant governor's issuance of a certificate of creation under Section
1719 67-1a-6.5 ;
1720 [(e)] (v) the name proposed in the petition as the name of the new county; and
1721 [(f)] (vi) the judicial district to which the new county belongs.
1722 [(3) (a) Within 30 days after the issuance of the governor's proclamation under
1723 Subsection (2), the]
1724 (2) The legislative body of the county from which the greatest portion of the new
1725 county was taken shall:
1726 (a) within 30 days after the issuance of the governor's proclamation under Subsection
1727 (1), send [a notice] to the lieutenant governor[.]:
1728 [(b) Each notice under Subsection (3)(a) shall include:]
1729 [(i) a copy of the governor's proclamation;]
1730 [(ii) a certification that all necessary legal requirements relating to the creation of the
1731 new county have been completed; and]
1732 [(iii) a map or plat that delineates an accurate metes and bounds description of the
1733 new county.]
1734 (i) a copy of a notice of an impending boundary action, as defined in Section
1735 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
1736 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
1737 (b) upon the lieutenant governor's issuance of a certificate of creation under Section

1738 67-1a-6.5 , submit to the recorder of the new county:
1739 (i) the original notice of an impending boundary action;
1740 (ii) the original certificate of creation;
1741 (iii) the original approved final local entity plat; and
1742 (iv) a certified copy of the governor's proclamation under Subsection (1).
1743 [(4)] (3) (a) The new county that is the subject of the [governor's proclamation under
1744 Subsection (2) shall be] lieutenant governor's certificate of creation under Section 67-1a-6.5 is
1745 a county of the state from and after 12 noon of the first Monday in January following the
1746 issuance of the [governor's proclamation.] lieutenant governor's certificate of creation.
1747 (b) (i) The effective date of the creation of a new county for purposes of assessing
1748 property within the county is governed by Section 59-2-305.5 .
1749 (ii) Until the documents listed in Subsection (3)(b) are recorded in the office of the
1750 recorder of the new county, the new county may not:
1751 (A) levy or collect a property tax on property in the county;
1752 (B) levy or collect an assessment on property in the county; or
1753 (C) charge or collect a fee for service provided to property within the county.
1754 Section 36. Section 17-21-20 is amended to read:
1755 17-21-20. Recording required -- Recorder may impose requirements on
1756 documents to be recorded -- Prerequisites -- Additional fee for noncomplying documents
1757 -- Recorder may require tax serial number -- Exceptions -- Requirements for recording
1758 final local entity plat.
1759 (1) Subject to Subsections (2), (3), and (4), each paper, notice, and instrument
1760 required by law to be filed in the office of the county recorder shall be recorded unless
1761 otherwise provided.
1762 (2) Each document executed on or after July 1, 2007 that is submitted for recording to
1763 a county recorder's office shall:
1764 (a) unless otherwise provided by law, be an original or certified copy of the document;
1765 (b) be in English or be accompanied by an accurate English translation of the

1766 document;
1767 (c) contain a brief title, heading, or caption on the first page stating the nature of the
1768 document;
1769 (d) contain the legal description of the property that is the subject of the document;
1770 (e) comply with the requirements of Section 17-21-25 and Subsections 57-3-105 (1)
1771 and (2);
1772 (f) be notarized with the notary stamp with the seal legible; and
1773 (g) have original signatures.
1774 (3) (a) Beginning September 1, 2007, a county recorder may require that each paper,
1775 notice, and instrument submitted for recording in the county recorder's office:
1776 (i) be on white paper that is 8-1/2 inches by 11 inches in size;
1777 (ii) have a margin of one inch on the left and right sides and at the bottom of each
1778 page;
1779 (iii) have a space of 2-1/2 inches down and 4-1/2 inches across the upper right corner
1780 of the first page and a margin of one inch at the top of each succeeding page;
1781 (iv) not be on sheets of paper that are continuously bound together at the side, top, or
1782 bottom;
1783 (v) not contain printed material on more than one side of each page;
1784 (vi) be printed in black ink and not have text smaller than seven lines of text per
1785 vertical inch; and
1786 (vii) be sufficiently legible to make certified copies.
1787 (b) A county recorder who intends to establish requirements under Subsection (3)(a)
1788 shall first:
1789 (i) provide formal notice of the requirements; and
1790 (ii) establish and publish an effective date for the requirements that is at least three
1791 months after the formal notice under Subsection (3)(b)(i).
1792 (c) If a county recorder establishes requirements under this Subsection (3), the county
1793 recorder may charge and collect from persons who submit a document for recording that does

1794 not comply with the requirements, in addition to any other fee that the county recorder is
1795 authorized to charge and collect, a fee that:
1796 (i) is calculated to recover the additional cost of handling and recording noncomplying
1797 documents; and
1798 (ii) may not exceed $2 per page.
1799 (4) (a) To facilitate the abstracting of an instrument, a county recorder may require
1800 that the applicable tax serial number of each parcel affected by the instrument appear on each
1801 instrument before it may be accepted for recording.
1802 (b) If a county recorder requires the applicable tax serial number to be on an
1803 instrument before it may be recorded:
1804 (i) the county recorder shall post a notice of that requirement in a conspicuous place at
1805 the recorder's office;
1806 (ii) the tax serial number may not be considered to be part of the legal description and
1807 may be indicated on the margin of the instrument; and
1808 (iii) an error in the tax serial number does not affect the validity of the instrument or
1809 effectiveness of the recording.
1810 (5) Subsections (2), (3), and (4) do not apply to:
1811 (a) a map;
1812 (b) a certificate or affidavit of death;
1813 (c) a military discharge;
1814 (d) a document regarding taxes that is issued by the Internal Revenue Service of the
1815 United States Department of the Treasury;
1816 (e) a document submitted for recording that has been filed with a court and conforms
1817 to the formatting requirements established by the court; or
1818 (f) a document submitted for recording that is in a form required by law.
1819 (6) (a) As used in this Subsection (6):
1820 (i) "Boundary action" has the same meaning as defined in Section 17-23-20 .
1821 (ii) "Local entity" has the same meaning as defined in Section 67-1a-6.5 .

1822 (b) A person may not submit to a county recorder for recording a plat depicting the
1823 boundary of a local entity as the boundary exists as a result of a boundary action, unless:
1824 (i) the plat has been approved under Section 17-23-20 by the county surveyor as a
1825 final local entity plat, as defined in Section 17-23-20 ; and
1826 (ii) the person also submits for recording:
1827 (A) the original notice of an impending boundary action, as defined in Section
1828 67-1a-6.5 , for the boundary action for which the plat is submitted for recording; and
1829 (B) the original applicable certificate, as defined in Section 67-1a-6.5 , issued by the
1830 lieutenant governor under Section 67-1a-6.5 for the boundary action for which the plat is
1831 submitted for recording; and
1832 (C) each other document required by statute to be submitted for recording with the
1833 notice of an impending boundary action and applicable certificate.
1834 (c) Promptly after recording the documents described in Subsection (6)(b) relating to a
1835 boundary action, but no later than ten days after recording, the county recorder shall send a
1836 copy of all those documents to the State Tax Commission.
1837 Section 37. Section 17-23-20 is enacted to read:
1838 17-23-20. Final plats of local entity boundary actions -- County surveyor
1839 approval of final plat -- Plat requirements.
1840 (1) As used in this section:
1841 (a) "Approving authority" means the person or body required under applicable statute
1842 to submit to the lieutenant governor a notice of an impending boundary action, as defined in
1843 Section 67-1a-6.5 .
1844 (b) (i) "Boundary action" means any action that establishes, modifies, or eliminates
1845 the boundary of a local entity, including incorporation or creation, annexation, withdrawal or
1846 disconnection, consolidation, division, boundary adjustment, and dissolution.
1847 (ii) "Boundary action" does not include the determination of the true location of a
1848 county boundary under Section 17-50-105 .
1849 (c) "Final local entity plat" means a plat that meets the requirements of Subsection (4).

1850 (d) "Local entity" has the same meaning as defined in Section 67-1a-6.5 .
1851 (2) Upon request and in consultation with the county recorder, the county surveyor of
1852 each county in which property depicted on a plat is located shall determine whether the plat is
1853 a final local entity plat.
1854 (3) (a) If a county surveyor determines that a plat meets the requirements of
1855 Subsection (4), the county surveyor shall approve the plat as a final local entity plat.
1856 (b) The county surveyor shall indicate the approval of a plat as a final local entity plat
1857 on the face of the final local entity plat.
1858 (4) A plat may not be approved as a final local entity plat unless the plat:
1859 (a) contains a graphical illustration depicting:
1860 (i) in the case of a proposed creation or incorporation of a local entity, the boundary of
1861 the proposed local entity;
1862 (ii) in the case of a proposed annexation of an area into an existing local entity, the
1863 boundary of the area proposed to be annexed;
1864 (iii) in the case of a proposed adjustment of a boundary between local entities, the
1865 boundary of the area that the boundary adjustment proposes to move from inside the boundary
1866 of one local entity to inside the boundary of another local entity;
1867 (iv) in the case of a proposed withdrawal or disconnection of an area from a local
1868 entity, the boundary of the area that is proposed to be withdrawn or disconnected;
1869 (v) in the case of a proposed consolidation of multiple local entities, the boundary of
1870 the proposed consolidated local entity; and
1871 (vi) in the case of a proposed division of a local entity into multiple local entities, the
1872 boundary of each new local entity created by the proposed division;
1873 (b) is created on reproducible material that is:
1874 (i) permanent in nature; and
1875 (ii) the size and type specified by the county recorder;
1876 (c) is drawn to a scale so that all data are legible;
1877 (d) contains complete and accurate boundary information, including, as appropriate,

1878 calls along existing boundary lines, sufficient to enable:
1879 (i) the county surveyor to establish the boundary on the ground, in the event of a
1880 dispute about the accurate location of the boundary; and
1881 (ii) the county recorder to identify, for tax purposes, each tract or parcel included
1882 within the boundary;
1883 (e) depicts a name for the plat, approved by the county recorder, that is sufficiently
1884 unique to distinguish the plat from all other recorded plats in the county;
1885 (f) contains:
1886 (i) the name of the local entity whose boundary is depicted on the plat;
1887 (ii) the name of each county within which any property depicted on the plat is located;
1888 (iii) the date that the plat was prepared;
1889 (iv) a north arrow and legend;
1890 (v) a signature block for:
1891 (A) the signatures of:
1892 (I) the professional land surveyor who prepared the plat; and
1893 (II) the local entity's approving authority; and
1894 (B) the approval of the county surveyor; and
1895 (vi) a three-inch by three-inch block in the lower right hand corner for the county
1896 recorder's use when recording the plat;
1897 (g) has been certified and signed by a professional land surveyor licensed under Title
1898 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; and
1899 (h) has been reviewed and signed by the approving authority of the local entity whose
1900 boundary is depicted on the plat.
1901 (5) The county surveyor may charge and collect a reasonable fee for the costs
1902 associated with:
1903 (a) the process of determining whether a plat is a final local entity plat; and
1904 (b) the approval of a plat as a final local entity plat.
1905 Section 38. Section 17-50-104 is amended to read:

1906 17-50-104. Counties of the state -- County boundaries maintained by lieutenant
1907 governor.
1908 (1) The counties of the state are those whose geographic boundaries are described in
1909 the official county boundary records maintained by the office of the lieutenant governor and
1910 may be changed only in accordance with the provisions of this title.
1911 (2) The office of the lieutenant governor shall maintain the official county boundaries
1912 for the counties of the state and update those boundaries [when notified of a change in county
1913 boundaries in accordance with Subsection (3)] upon the lieutenant governor's issuance, under
1914 Section 67-1a-6.5 , of an applicable certificate, as defined in that section.
1915 [(3) Whenever any change is made to county boundaries under this title, the affected
1916 counties shall provide notice of the change, including an accurate map or plat of the changed
1917 county boundaries, to the lieutenant governor.]
1918 Section 39. Section 17-50-105 is amended to read:
1919 17-50-105. Disputed boundaries.
1920 (1) As used in this section, "independent surveyor" means the surveyor whose position
1921 is established within the Automated Geographic Reference Center under Subsection
1922 63F-1-506 (3).
1923 [(1)] (2) (a) If a dispute or uncertainty arises as to the true location of a county
1924 boundary as described in the official records maintained by the office of the lieutenant
1925 governor, the surveyors of each county whose boundary is the subject of the dispute or
1926 uncertainty may determine the true location.
1927 (b) If agreement is reached under Subsection [(1)] (2)(a), the county surveyors shall
1928 provide notice, accompanied by a map, to the lieutenant governor showing the true location of
1929 the county boundary.
1930 [(2)] (3) (a) If the county surveyors fail to agree on or otherwise fail to establish the
1931 true location of the county boundary, the county executive of either or both of the affected
1932 counties shall engage the services of the [state engineer] independent surveyor.
1933 (b) After being engaged under Subsection [(2)] (3)(a), the [state engineer] independent

1934 surveyor shall notify the surveyor of each county whose boundary is the subject of the dispute
1935 or uncertainty of the procedure the [state engineer] independent surveyor will use to determine
1936 the true location of the boundary.
1937 (c) With the assistance of each surveyor who chooses to participate, the [state
1938 engineer] independent surveyor shall determine permanently the true location of the boundary
1939 by marking surveys and erecting suitable monuments to designate the boundary.
1940 (d) Each boundary established under this Subsection [(2)] (3) shall be considered
1941 permanent until superseded by legislative enactment.
1942 (e) The [state engineer] independent surveyor shall provide notice, accompanied by a
1943 map, to the lieutenant governor showing the true location of the county boundary.
1944 [(3)] (4) Nothing in this section may be construed to give the county surveyors or
1945 [state engineer] independent surveyor any authority other than to erect suitable monuments to
1946 designate county boundaries as they are described in the official records maintained by the
1947 office of the lieutenant governor.
1948 Section 40. Section 17B-1-105 is amended to read:
1949 17B-1-105. Name of local district -- Name change.
1950 (1) (a) The name of each local district created on or after May 1, 2000 shall comply
1951 with Subsection 17-50-103 (2)(a).
1952 (b) The board of each local district affected by Subsection 17-50-103 (2)(b) shall
1953 ensure that after January 1, 2005 the local district name complies with the requirements of that
1954 Subsection.
1955 (2) The name of a local district created after April 30, 2007 may not include the name
1956 of a county or municipality.
1957 (3) The name of a local district may include words descriptive of the type of service
1958 that the district provides.
1959 (4) (a) A local district board may change the name of that local district [by:] as
1960 provided in this Subsection (4).
1961 (b) To initiate a name change, the local district board shall:

1962 (i) [holding] hold a public hearing on the proposed name change;
1963 (ii) [adopting] adopt a resolution approving the name change; and
1964 [(iii) giving written notice of the name change to the lieutenant governor, the State
1965 Tax Commission, the state auditor, and the clerk, recorder, and assessor of each county in
1966 which any part of the local district is located.]
1967 (iii) file with the lieutenant governor a notice of an impending name change, as
1968 defined in Section 67-1a-6.7 , that meets the requirements of Subsection 67-1a-6.7 (3).
1969 (c) Upon the lieutenant governor's issuance of a certificate of name change under
1970 Section 67-1a-6.7 , the local district board shall:
1971 (i) if the local district is located within the boundary of a single county, submit to the
1972 recorder of that county:
1973 (A) the original:
1974 (I) notice of an impending name change; and
1975 (II) certificate of name change; and
1976 (B) a certified copy of the resolution approving the name change; or
1977 (ii) if the local district is located within the boundaries of more than a single county:
1978 (A) submit to the recorder of one of those counties:
1979 (I) the original of the documents listed in Subsections (4)(c)(i)(A)(I) and (II); and
1980 (II) a certified copy of the resolution approving the name change; and
1981 (B) submit to the recorder of each other county:
1982 (I) a certified copy of the documents listed in Subsections (4)(c)(i)(A)(I) and (II); and
1983 (II) a certified copy of the resolution approving the name change.
1984 [(b)] (d) (i) A name change under this Subsection (4)[(a)] becomes effective upon the
1985 [board's giving the notice required under Subsection (4)(a)(iii).] lieutenant governor's issuance
1986 of a certificate of name change under Section 67-1a-6.7 .
1987 (ii) Notwithstanding Subsection (4)(d)(i), the local district may not operate under the
1988 new name until the documents listed in Subsection (4)(c) are recorded in the office of the
1989 recorder of each county in which the local district is located.

1990 Section 41. Section 17B-1-215 is amended to read:
1991 17B-1-215. Notice and plat to lieutenant governor -- Recording requirements --
1992 Certificate of incorporation -- Local district incorporated as specialized local district or
1993 basic local district -- Effective date.
1994 (1) [The] (a) Within the time specified in Subsection (1)(b), the responsible body
1995 shall file [a notice] with the lieutenant governor:
1996 (i) a copy of a notice of an impending boundary action, as defined in Section
1997 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
1998 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 .
1999 (b) The responsible body shall file the documents listed in Subsection (1)(a) with the
2000 lieutenant governor within ten days after:
2001 [(a)] (i) the canvass of an election under Section 17B-1-214 , if a majority of those
2002 voting at the election within the proposed local district as a whole vote in favor of the creation
2003 of a local district;
2004 [(b)] (ii) certification of a petition as to which the election requirement of Subsection
2005 17B-1-214 (1) does not apply because of Subsection 17B-1-214 (3)(a) or (b); or
2006 [(c)] (iii) adoption of a resolution under Subsection 17B-1-213 (4) approving the
2007 creation of a local district for which an election was not required under Subsection
2008 17B-1-214 (3)(c) or (d), by the legislative body of each county whose unincorporated area is
2009 included within and the legislative body of each municipality whose area is included within
2010 the proposed local district, or by the board of trustees of the initiating local district.
2011 (2) Upon the lieutenant governor's issuance of a certificate of incorporation under
2012 Section 67-1a-6.5 , the responsible body shall:
2013 (a) if the local district is located within the boundary of a single county, submit to the
2014 recorder of that county:
2015 (i) the original:
2016 (A) notice of an impending boundary action;
2017 (B) certificate of incorporation; and

2018 (C) approved final local entity plat; and
2019 (ii) if applicable, a certified copy of each resolution adopted under Subsection
2020 17B-1-213 (4); or
2021 (b) if the local district is located within the boundaries of more than a single county:
2022 (i) submit to the recorder of one of those counties:
2023 (A) the original of the documents listed in Subsections (2)(a)(i)(A), (B), and (C); and
2024 (B) if applicable, a certified copy of each resolution adopted under Subsection
2025 17B-1-213 (4); and
2026 (ii) submit to the recorder of each other county:
2027 (A) a certified copy of the documents listed in Subsection (2)(a)(i)(A), (B), and (C);
2028 and
2029 (B) if applicable, a certified copy of each resolution adopted under Subsection
2030 17B-1-213 (4).
2031 [(2)] (3) The area of each local district [shall consist] consists of:
2032 (a) if an election was held under Section 17B-1-214 , the area of the new local district
2033 as approved at the election;
2034 (b) if an election was not required because of Subsection 17B-1-214 (3)(a) or (b), the
2035 area of the proposed local district as described in the petition; or
2036 (c) if an election was not required because of Subsection 17B-1-214 (3)(c) or (d), the
2037 area of the new local district as described in the resolution adopted under Subsection
2038 17B-1-213 (4).
2039 [(3) In each notice under Subsection (1) the responsible body shall:]
2040 [(a) if the notice follows an election under Section 17B-1-214 , certify the results of the
2041 election;]
2042 [(b) describe the boundaries of the new local district with an accurate map or plat
2043 showing the boundaries delineated in Subsection (2), prepared and certified by a licensed
2044 surveyor and filed with the county surveyor in accordance with Section 17-23-17 ; and]
2045 [(c) certify that all requirements for the creation of a local district have been complied

2046 with.]
2047 (4) (a) Upon the lieutenant governor's issuance of the certificate of [creation]
2048 incorporation under Section 67-1a-6.5 , the local district is created and incorporated as:
2049 [(a)] (i) the type of specialized local district that was specified in the petition under
2050 Subsection 17B-1-203 (1)(a) or (b) or resolution under Subsection 17B-1-203 (1)(c) or (d), if
2051 the petition or resolution proposed the creation of a specialized local district; or
2052 [(b)] (ii) a basic local district, if the petition or resolution did not propose the creation
2053 of a specialized local district.
2054 (b) (i) The effective date of a local district's incorporation for purposes of assessing
2055 property within the local district is governed by Section 59-2-305.5 .
2056 (ii) Until the documents listed in Subsection (2) are recorded in the office of the
2057 recorder of each county in which the property is located, a newly incorporated local district
2058 may not:
2059 (A) levy or collect a property tax on property within the local district;
2060 (B) levy or collect an assessment on property within the local district; or
2061 (C) charge or collect a fee for service provided to property within the local district.
2062 Section 42. Section 17B-1-216 is amended to read:
2063 17B-1-216. Costs and expenses of creating a local district.
2064 (1) Except as provided in Subsection (2), each county whose unincorporated area
2065 includes and each municipality whose boundaries include some or all of the proposed local
2066 district shall bear their respective costs and expenses associated with the procedure under this
2067 part for creating a local district.
2068 (2) Within a year after its creation, each local district shall reimburse the costs and
2069 expenses associated with the preparation, certification, and [filing] recording of the [map]
2070 approved final local entity plat of the local district and accompanying documents under
2071 [Subsection 17B-1-215 (3)(b)] Section 17B-1-215 .
2072 Section 43. Section 17B-1-405 is amended to read:
2073 17B-1-405. Petition certification.

2074 (1) Within 30 days after the filing of a petition under Subsection 17B-1-403 (1)(a)(i) or
2075 (ii) or within the time that the local district and each petition sponsor designate by written
2076 agreement, the board of trustees of the proposed annexing local district shall:
2077 (a) with the assistance of officers of the county in which the area proposed to be
2078 annexed is located from whom the board requests assistance, determine whether the petition
2079 meets the requirements of Subsection 17B-1-403 (1)(a)(i) or (ii), as the case may be,
2080 Subsection 17B-1-403 (3), and Subsection 17B-1-404 (1); and
2081 (b) (i) if the board determines that the petition complies with the requirements, certify
2082 the petition and mail or deliver written notification of the certification to the contact sponsor;
2083 or
2084 (ii) if the board determines that the petition fails to comply with any of the
2085 requirements, reject the petition and mail or deliver written notification of the rejection and the
2086 reasons for the rejection to the contact sponsor.
2087 (2) (a) If the board rejects a petition under Subsection (1)(b)(ii), the petition may be
2088 amended to correct the deficiencies for which it was rejected and then refiled.
2089 (b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
2090 used toward fulfilling the applicable signature requirement of the petition as amended under
2091 Subsection (2)(a).
2092 (3) The board shall process an amended petition filed under Subsection (2)(a) in the
2093 same manner as an original petition under Subsection (1).
2094 Section 44. Section 17B-1-414 is amended to read:
2095 17B-1-414. Resolution approving an annexation -- Filing of notice and plat with
2096 lieutenant governor -- Recording requirements -- Effective date.
2097 (1) (a) Subject to Subsection (1)(b), the local district board shall adopt a resolution
2098 approving the annexation of the area proposed to be annexed or rejecting the proposed
2099 annexation within 30 days after:
2100 (i) expiration of the protest period under Subsection 17B-1-412 (2), if sufficient
2101 protests to require an election are not filed;

2102 (ii) for a petition that meets the requirements of Subsection 17B-1-413 (1):
2103 (A) a public hearing under Section 17B-1-409 is held, if the board chooses or is
2104 required to hold a public hearing under Subsection 17B-1-413 (2)(a)(ii); or
2105 (B) expiration of the time for submitting a request for public hearing under Subsection
2106 17B-1-413 (2)(a)(ii)(B), if no request is submitted and the board chooses not to hold a public
2107 hearing.
2108 (b) If the local district has entered into an agreement with the United States that
2109 requires the consent of the United States for an annexation of territory to the district, a
2110 resolution approving annexation under this part may not be adopted until the written consent
2111 of the United States is obtained and filed with the board of trustees.
2112 (2) (a) [The] (i) Within the time specified under Subsection (2)(a)(ii), the board shall
2113 file [a notice] with the lieutenant governor:
2114 (A) a copy of a notice of an impending boundary action, as defined in Section
2115 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3) and, if applicable,
2116 Subsection (2)(b); and
2117 (B) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 .
2118 (ii) The board shall file the documents listed in Subsection (2)(a)(i) with the lieutenant
2119 governor:
2120 [(i)] (A) within 30 days after adoption of a resolution under Subsection (1), Subsection
2121 17B-1-412 (3)(c)(i), or Section 17B-1-415 ; and
2122 [(ii)] (B) as soon as practicable after receiving the notice under Subsection
2123 10-2-425 (2) of a municipal annexation that causes an automatic annexation to a local district
2124 under Section 17B-1-416 .
2125 (b) [The notice] For an automatic annexation to a local district under Section
2126 17B-1-416 , the notice of an impending boundary action required under Subsection (2)(a)
2127 shall[: (i) be accompanied by: (A) if applicable, a copy of the board resolution approving the
2128 annexation; and (B) an accurate map depicting the boundaries of the area to be annexed or a
2129 legal description of the area to be annexed, adequate for purposes of the county assessor and

2130 recorder; (ii) for an annexation pursuant to a resolution described in Subsection (2)(a)(i),
2131 include a certification by the local district board that all requirements for the annexation have
2132 been complied with; and (iii) for an automatic annexation to a local district under Section
2133 17B-1-416 ,] state that an area outside the boundaries of the local district is being
2134 automatically annexed to the local district under Section 17B-1-416 because of a municipal
2135 annexation under Title 10, Chapter 2, Part 4, Annexation.
2136 (c) Upon the lieutenant governor's issuance of a certificate of annexation under
2137 Section 67-1a-6.5 , the board shall:
2138 (i) if the annexed area is located within the boundary of a single county, submit to the
2139 recorder of that county:
2140 (A) the original:
2141 (I) notice of an impending boundary action;
2142 (II) certificate of annexation; and
2143 (III) approved final local entity plat; and
2144 (B) a certified copy of the annexation resolution; or
2145 (ii) if the annexed area is located within the boundaries of more than a single county:
2146 (A) submit to the recorder of one of those counties:
2147 (I) the original of the documents listed in Subsections (2)(c)(i)(A)(I), (II), and (III); and
2148 (II) a certified copy of the annexation resolution; and
2149 (B) submit to the recorder of each other county:
2150 (I) a certified copy of the documents listed in Subsection (2)(c)(i)(A)(I), (II), and (III);
2151 and
2152 (II) a certified copy of the annexation resolution.
2153 (3) (a) As used in this Subsection (3), "fire district annexation" means an annexation
2154 under this part of an area located in a county of the first class to a local district:
2155 (i) created to provide fire protection, paramedic, and emergency services; and
2156 (ii) in the creation of which an election was not required because of Subsection
2157 17B-1-214 (3)(c).

2158 (b) An annexation under this part is complete and becomes effective:
2159 [(i) for an annexation pursuant to a resolution described in Subsection (2)(a)(i):]
2160 (i) (A) [(I)] on July 1 for a fire district annexation, if the lieutenant governor issues the
2161 certificate of annexation under Section 67-1a-6.5 from January 1 through June 30; or
2162 [(II)] (B) on January 1 for a fire district annexation, if the lieutenant governor issues
2163 the certificate of annexation under Section 67-1a-6.5 from July 1 through December 31; or
2164 [(B)] (ii) upon the lieutenant governor's issuance of the certificate of annexation under
2165 Section 67-1a-6.5 , for [an] any other annexation [other than an annexation described in
2166 Subsection (3)(b)(i)(A); and].
2167 [(ii) for an automatic annexation that is the subject of a notice under Subsection
2168 (2)(a)(ii):]
2169 [(A) (I) on July 1 for a fire district annexation, if the lieutenant governor issues the
2170 certificate of annexation under Subsection 10-1-117 (3)(b) from January 1 through June 30; or]
2171 [(II) on January 1 for a fire district annexation, if the lieutenant governor issues the
2172 certificate of annexation under Subsection 10-1-117 (3)(b) from July 1 through December 31;
2173 or]
2174 [(B) upon the lieutenant governor's issuance of the certificate of annexation under
2175 Subsection 10-1-117 (3)(b), for an annexation other than an annexation described in
2176 Subsection (3)(b)(ii)(A).]
2177 (c) (i) The effective date of a local district annexation for purposes of assessing
2178 property within the annexed area is governed by Section 59-2-305.5 .
2179 (ii) Until the documents listed in Subsection (2)(c) are recorded in the office of the
2180 recorder of each county in which the property is located, a local district may not:
2181 (A) levy or collect a property tax on property within the annexed area;
2182 (B) levy or collect an assessment on property within the annexed area; or
2183 (C) charge or collect a fee for service provided to property within the annexed area.
2184 (iii) Subsection (3)(c)(ii)(C):
2185 (A) may not be construed to limit a local district's ability before annexation to charge

2186 and collect a fee for service provided to property that is outside the local district's boundary;
2187 and
2188 (B) does not apply until 60 days after the effective date, under Subsection (3)(b), of
2189 the local district's annexation, with respect to a fee that the local district was charging for
2190 service provided to property within the annexed area immediately before the area was annexed
2191 to the local district.
2192 Section 45. Section 17B-1-415 is amended to read:
2193 17B-1-415. Annexation of wholesale district through expansion of retail
2194 provider.
2195 (1) (a) A local district that provides a wholesale service may adopt a resolution
2196 approving the annexation of an area outside the local district's boundaries if:
2197 (i) the area is annexed by or otherwise added to, or is added to the retail service area
2198 of, a municipality or another local district that:
2199 (A) acquires the wholesale service from the local district and provides it as a retail
2200 service;
2201 (B) is, before the annexation or other addition, located at least partly within the local
2202 district; and
2203 (C) after the annexation or other addition will provide to the annexed or added area the
2204 same retail service that the local district provides as a wholesale service to the municipality or
2205 other local district; and
2206 (ii) except as provided in Subsection (2), no part of the area is within the boundaries
2207 of another local district that provides the same wholesale service as the proposed annexing
2208 local district.
2209 (b) For purposes of this section:
2210 (i) a local district providing public transportation service shall be considered to be
2211 providing a wholesale service; and
2212 (ii) a municipality included within the boundaries of the local district providing public
2213 transportation service shall be considered to be acquiring that wholesale service from the local

2214 district and providing it as a retail service and to be providing that retail service after the
2215 annexation or other addition to the annexed or added area, even though the municipality does
2216 not in fact provide that service.
2217 (2) Notwithstanding Subsection (1)(a)(ii), an area outside the boundaries of a local
2218 district providing a wholesale service and located partly or entirely within the boundaries of
2219 another local district that provides the same wholesale service may be annexed to the local
2220 district if:
2221 (a) the conditions under Subsection (1)(a)(i) are present; and
2222 (b) the proposed annexing local district and the other local district follow the same
2223 procedure as is required for a boundary adjustment under Section 17B-1-417 , including both
2224 district boards adopting a resolution approving the annexation of the area to the proposed
2225 annexing local district and the withdrawal of that area from the other district.
2226 (3) Upon the adoption of an annexation resolution under this section, the board of the
2227 annexing local district shall comply with the requirements of Subsection 17B-1-414 (2), and
2228 the lieutenant governor shall issue a certificate of annexation and send a copy of notice as
2229 provided in Section 67-1a-6.5 .
2230 (4) [Subsection] Subsections 17B-1-414 (2) and (3) [applies] apply to an annexation
2231 under this section.
2232 Section 46. Section 17B-1-416 is amended to read:
2233 17B-1-416. Automatic annexation to a district providing fire protection,
2234 paramedic, and emergency services.
2235 (1) An area outside the boundaries of a local district that is annexed to a municipality
2236 or added to a municipality by a boundary adjustment under Title 10, Chapter 2, Part 4,
2237 Annexation, is automatically annexed to the local district if:
2238 (a) the local district provides fire protection, paramedic, and emergency services;
2239 (b) an election for the creation of the local district was not required because of
2240 Subsection 17B-1-214 (3)(c); and
2241 (c) before the municipal annexation or boundary adjustment, the entire municipality

2242 that is annexing the area or adding the area by boundary adjustment was included within the
2243 local district.
2244 (2) The effective date of an annexation under this section is governed by Subsection
2245 17B-1-414 (3)(b)[(ii)].
2246 Section 47. Section 17B-1-417 is amended to read:
2247 17B-1-417. Boundary adjustment -- Notice and hearing -- Protest -- Resolution
2248 adjusting boundaries -- Filing of notice and plat with the lieutenant governor --
2249 Recording requirements -- Effective date.
2250 (1) As used in this section, "affected area" means the area located within the
2251 boundaries of one local district that will be removed from that local district and included
2252 within the boundaries of another local district because of a boundary adjustment under this
2253 section.
2254 (2) The boards of trustees of two or more local districts having a common boundary
2255 and providing the same service on the same wholesale or retail basis may adjust their common
2256 boundary as provided in this section.
2257 (3) (a) The board of trustees of each local district intending to adjust a boundary that
2258 is common with another local district shall:
2259 (i) adopt a resolution indicating the board's intent to adjust a common boundary;
2260 (ii) hold a public hearing on the proposed boundary adjustment no less than 60 days
2261 after the adoption of the resolution under Subsection (3)(a)(i); and
2262 (iii) (A) (I) publish notice once a week for two successive weeks in a newspaper of
2263 general circulation within the local district; or
2264 (II) if there is no newspaper of general circulation within the local district, post notice
2265 in at least four conspicuous places within the local district; or
2266 (B) mail a notice to each owner of property located within the affected area and to
2267 each registered voter residing within the affected area.
2268 (b) The notice required under Subsection (3)(a)(iii) shall:
2269 (i) state that the board of trustees of the local district has adopted a resolution

2270 indicating the board's intent to adjust a boundary that the local district has in common with
2271 another local district that provides the same service as the local district;
2272 (ii) describe the affected area;
2273 (iii) state the date, time, and location of the public hearing required under Subsection
2274 (3)(a)(ii);
2275 (iv) provide a local district telephone number where additional information about the
2276 proposed boundary adjustment may be obtained;
2277 (v) explain the financial and service impacts of the boundary adjustment on property
2278 owners or residents within the affected area; and
2279 (vi) state in conspicuous and plain terms that the board of trustees may approve the
2280 adjustment of the boundaries unless, at or before the public hearing under Subsection
2281 (3)(a)(ii), written protests to the adjustment are filed with the board by:
2282 (A) the owners of private real property that:
2283 (I) is located within the affected area;
2284 (II) covers at least 50% of the total private land area within the affected area; and
2285 (III) is equal in assessed value to at least 50% of the assessed value of all private real
2286 property within the affected area; or
2287 (B) registered voters residing within the affected area equal in number to at least 50%
2288 of the votes cast in the affected area for the office of governor at the last regular general
2289 election before the filing of the protests.
2290 (c) The first publication of the notice required under Subsection (3)(a)(iii)(A) shall be
2291 within 14 days after the board's adoption of a resolution under Subsection (3)(a)(i).
2292 (d) The boards of trustees of the local districts whose boundaries are being adjusted
2293 may jointly:
2294 (i) publish, post, or mail the notice required under Subsection (3)(a)(iii); and
2295 (ii) hold the public hearing required under Subsection (3)(a)(ii).
2296 (4) After the public hearing required under Subsection (3)(a)(ii), the board of trustees
2297 may adopt a resolution approving the adjustment of the common boundary unless, at or before

2298 the public hearing, written protests to the boundary adjustment have been filed with the board
2299 by:
2300 (a) the owners of private real property that:
2301 (i) is located within the affected area;
2302 (ii) covers at least 50% of the total private land area within the affected area; and
2303 (iii) is equal in assessed value to at least 50% of the assessed value of all private real
2304 property within the affected area; or
2305 (b) registered voters residing within the affected area equal in number to at least 50%
2306 of the votes cast in the affected area for the office of governor at the last regular general
2307 election before the filing of the protests.
2308 (5) A resolution adopted under Subsection (4) does not take effect until the board of
2309 each local district whose boundaries are being adjusted has adopted a resolution under
2310 Subsection (4).
2311 (6) [(a) Within 30 days after the resolutions take effect under Subsection (5), the] The
2312 board of the local district whose boundaries are being adjusted to include the affected area
2313 shall [file a notice]:
2314 (a) within 30 days after the resolutions take effect under Subsection (5), file with the
2315 lieutenant governor[.]:
2316 [(b) The notice required under Subsection (6)(a) shall:]
2317 [(i) be accompanied by:]
2318 [(A) a copy of each of the board resolutions approving the boundary adjustment; and]
2319 [(B) an accurate map depicting the affected area or a legal description of the affected
2320 area, adequate for purposes of the county assessor and recorder; and]
2321 [(ii) include a certification by the board of the local district whose boundaries are
2322 being adjusted to include the affected area that all requirements for the boundary adjustment
2323 have been complied with.]
2324 (i) a copy of a notice of an impending boundary action, as defined in Section
2325 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and

2326 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
2327 (b) upon the lieutenant governor's issuance of a certificate of boundary adjustment
2328 under Section 67-1a-6.5 :
2329 (i) if the affected area is located within the boundary of a single county, submit to the
2330 recorder of that county:
2331 (A) the original:
2332 (I) notice of an impending boundary action;
2333 (II) certificate of boundary adjustment; and
2334 (III) approved final local entity plat; and
2335 (B) a certified copy of each resolution adopted under Subsection (4); or
2336 (ii) if the affected area is located within the boundaries of more than a single county:
2337 (A) submit to the recorder of one of those counties:
2338 (I) the original of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III);
2339 and
2340 (II) a certified copy of each resolution adopted under Subsection (4); and
2341 (B) submit to the recorder of each other county:
2342 (I) a certified copy of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III);
2343 and
2344 (II) a certified copy of each resolution adopted under Subsection (4).
2345 (7) (a) Upon the lieutenant governor's issuance of a certificate of boundary [change]
2346 adjustment under Section 67-1a-6.5 , the affected area is annexed to the local district whose
2347 boundaries are being adjusted to include the affected area, and the affected area is withdrawn
2348 from the local district whose boundaries are being adjusted to exclude the affected area.
2349 (b) (i) The effective date of a boundary adjustment under this section for purposes of
2350 assessing property within the affected area is governed by Section 59-2-305.5 .
2351 (ii) Until the documents listed in Subsection (6)(b) are recorded in the office of the
2352 recorder of the county in which the property is located, a local district in whose boundary an
2353 affected area is included because of a boundary adjustment under this section may not:

2354 (A) levy or collect a property tax on property within the affected area;
2355 (B) levy or collect an assessment on property within the affected area; or
2356 (C) charge or collect a fee for service provided to property within the affected area.
2357 (iii) Subsection (7)(b)(ii)(C):
2358 (A) may not be construed to limit a local district's ability before a boundary
2359 adjustment to charge and collect a fee for service provided to property that is outside the local
2360 district's boundary; and
2361 (B) does not apply until 60 days after the effective date, under Subsection (7)(a), of
2362 the local district's boundary adjustment, with respect to a fee that the local district was
2363 charging for service provided to property within the area affected by the boundary adjustment
2364 immediately before the boundary adjustment.
2365 Section 48. Section 17B-1-512 is amended to read:
2366 17B-1-512. Filing of notice and plat -- Recording requirements -- Contest period
2367 -- Judicial review.
2368 (1) (a) [The] Within the time specified in Subsection (1)(b), the board of trustees shall
2369 file [a written notice of withdrawal] with the lieutenant governor:
2370 (i) a copy of a notice of an impending boundary action, as defined in Section
2371 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
2372 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 .
2373 (b) The board of trustees shall file the documents listed in Subsection (1)(a):
2374 (i) within ten days after adopting a resolution approving a withdrawal under Section
2375 17B-1-510 ; and
2376 (ii) as soon as practicable after receiving a notice under Subsection 10-2-425 (2) of an
2377 automatic withdrawal under Subsection 17B-1-502 (2), after receiving a copy of the municipal
2378 legislative body's resolution approving an automatic withdrawal under Subsection
2379 17B-1-502 (3)(a), or after receiving notice of a withdrawal of a municipality from a local
2380 district under Section 17B-2-505 .
2381 [(b) The notice required under Subsection (1)(a) shall:]

2382 [(i) be accompanied by:]
2383 [(A) for a withdrawal pursuant to a resolution adopted under Section 17B-1-510 , a
2384 copy of the board resolution approving the withdrawal; and]
2385 [(B) an accurate map depicting the boundaries of the withdrawn area or a legal
2386 description of the withdrawn area, adequate for purposes of the county assessor and recorder;
2387 and]
2388 [(ii) for a withdrawal pursuant to a resolution adopted under Section 17B-1-510 ,
2389 include a certification by the local district board that all requirements for the withdrawal have
2390 been complied with.]
2391 (c) Upon the lieutenant governor's issuance of a certificate of withdrawal under
2392 Section 67-1a-6.5 , the board shall:
2393 (i) if the withdrawn area is located within the boundary of a single county, submit to
2394 the recorder of that county:
2395 (A) the original:
2396 (I) notice of an impending boundary action;
2397 (II) certificate of withdrawal; and
2398 (III) approved final local entity plat; and
2399 (B) if applicable, a certified copy of the resolution or notice referred to in Subsection
2400 (1)(b); or
2401 (ii) if the withdrawn area is located within the boundaries of more than a single
2402 county, submit:
2403 (A) the original of the documents listed in Subsections (1)(c)(i)(A)(I), (II), and (III)
2404 and, if applicable, a certified copy of the resolution or notice referred to in Subsection (1)(b) to
2405 one of those counties; and
2406 (B) a certified copy of the documents listed in Subsections (1)(c)(i)(A)(I), (II), and (III)
2407 and a certified copy of the resolution or notice referred to in Subsection (1)(b) to each other
2408 county.
2409 (2) (a) Upon the lieutenant governor's issuance of the certificate of [boundary change]

2410 withdrawal under Section 67-1a-6.5 for a withdrawal under Section 17B-1-510 , for an
2411 automatic withdrawal under Subsection 17B-1-502 (3), or for the withdrawal of a municipality
2412 from a local district under Section 17B-2-505 , the withdrawal shall be effective, subject to the
2413 conditions of the withdrawal resolution, if applicable.
2414 (b) An automatic withdrawal under Subsection 17B-1-502 (3) shall be effective upon
2415 the lieutenant governor's issuance of a certificate of [boundary change] withdrawal under
2416 Section 67-1a-6.5 .
2417 (3) The local district may provide for the publication of any resolution approving or
2418 denying the withdrawal of an area in a newspaper of general circulation in the area proposed
2419 for withdrawal. In lieu of publishing the entire resolution, the local district may publish a
2420 notice of withdrawal or denial of withdrawal, containing:
2421 (a) the name of the local district;
2422 (b) a description of the area proposed for withdrawal;
2423 (c) a brief explanation of the grounds on which the board of trustees determined to
2424 approve or deny the withdrawal; and
2425 (d) the times and place where a copy of the resolution may be examined, which shall
2426 be at the place of business of the local district, identified in the notice, during regular business
2427 hours of the local district as described in the notice and for a period of at least 30 days after
2428 the publication of the notice.
2429 (4) Any sponsor of the petition or receiving entity may contest the board's decision to
2430 deny a withdrawal of an area from the local district by submitting a request, within 60 days
2431 after the resolution is adopted under Section 17B-1-510 , to the board of trustees, suggesting
2432 terms or conditions to mitigate or eliminate the conditions upon which the board of trustees
2433 based its decision to deny the withdrawal.
2434 (5) Within 60 days after the request under Subsection (4) is submitted to the board of
2435 trustees, the board may consider the suggestions for mitigation and adopt a resolution
2436 approving or denying the request in the same manner as provided in Section 17B-1-510 with
2437 respect to the original resolution denying the withdrawal and file a notice of the action as

2438 provided in Subsection (1).
2439 (6) (a) Any person in interest may seek judicial review of:
2440 (i) the board of trustees' decision to withdraw an area from the local district;
2441 (ii) the terms and conditions of a withdrawal; or
2442 (iii) the board's decision to deny a withdrawal.
2443 (b) Judicial review under this Subsection (6) shall be initiated by filing an action in
2444 the district court in the county in which a majority of the area proposed to be withdrawn is
2445 located:
2446 (i) if the resolution approving or denying the withdrawal is published under
2447 Subsection (3), within 60 days after the publication or after the board of trustees' denial of the
2448 request under Subsection (5);
2449 (ii) if the resolution is not published pursuant to Subsection (3), within 60 days after
2450 the resolution approving or denying the withdrawal is adopted; or
2451 (iii) if a request is submitted to the board of trustees of a local district under
2452 Subsection (4), and the board adopts a resolution under Subsection (5), within 60 days after
2453 the board adopts a resolution under Subsection (5) unless the resolution is published under
2454 Subsection (3), in which event the action must be filed within 60 days after the publication.
2455 (c) A court in which an action is filed under this Subsection (6) may not overturn, in
2456 whole or in part, the board of trustees' decision to approve or reject the withdrawal unless:
2457 (i) the court finds the board of trustees' decision to be arbitrary or capricious; or
2458 (ii) the court finds that the board materially failed to follow the procedures set forth in
2459 this part.
2460 (d) A court may award costs and expenses of an action under this section, including
2461 reasonable attorney fees, to the prevailing party.
2462 (7) After the applicable contest period under Subsection (4) or (6), no person may
2463 contest the board of trustees' approval or denial of withdrawal for any cause.
2464 Section 49. Section 17B-1-1308 is amended to read:
2465 17B-1-1308. Dissolution resolution -- Limitations on dissolution -- Distribution of

2466 remaining assets -- Notice to lieutenant governor -- Recording requirements.
2467 (1) After the public hearing required under Section 17B-1-1306 and subject to
2468 Subsection (2), the administrative body may adopt a resolution approving dissolution of the
2469 local district.
2470 (2) A resolution under Subsection (1) may not be adopted unless:
2471 (a) any outstanding debt of the local district is:
2472 (i) satisfied and discharged in connection with the dissolution; or
2473 (ii) assumed by another governmental entity with the consent of all the holders of that
2474 debt and all the holders of other debts of the local district;
2475 (b) for a local district that has provided service during the preceding three years or
2476 undertaken planning or other activity preparatory to providing service:
2477 (i) another entity has committed to provide the same service to the area being served
2478 or proposed to be served by the local district; and
2479 (ii) all who are to receive the service have consented to the service being provided by
2480 the other entity; and
2481 (c) all outstanding contracts to which the local district is a party are resolved through
2482 mutual termination or the assignment of the district's rights, duties, privileges, and
2483 responsibilities to another entity with the consent of the other parties to the contract.
2484 (3) (a) (i) Any assets of the local district remaining after paying all debts and other
2485 obligations of the local district shall be used to pay costs associated with the dissolution
2486 process under this part.
2487 (ii) Any costs of the dissolution process remaining after exhausting the remaining
2488 assets of the local district under Subsection (3)(a)(i) shall be paid by the administrative body.
2489 (b) Any assets of the local district remaining after application of Subsection (3)(a)
2490 shall be distributed:
2491 (i) proportionately to the owners of real property within the dissolved local district if
2492 there is a readily identifiable connection between a financial burden borne by the real property
2493 owners in the district and the remaining assets; or

2494 (ii) except as provided in Subsection (3)(b)(i), to each county, city, or town in which
2495 the dissolved local district was located before dissolution in the same proportion that the land
2496 area of the local district located within the unincorporated area of the county or within the city
2497 or town bears to the total local district land area.
2498 (4) (a) [Within 30 days after adopting a resolution approving dissolution of the local
2499 district, the] The administrative body shall [file a notice]:
2500 (i) within 30 days after adopting a resolution approving dissolution, file with the
2501 lieutenant governor[.] a copy of a notice of an impending boundary action, as defined in
2502 Section 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
2503 [(b) The notice required under Subsection (4)(a) shall:]
2504 [(i) be accompanied by a copy of the board resolution approving the dissolution; and]
2505 [(ii) include a certification by the administrative body that all requirements for the
2506 dissolution have been complied with.]
2507 (ii) upon the lieutenant governor's issuance of a certificate of dissolution under Section
2508 67-1a-6.5 :
2509 (A) if the local district was located within the boundary of a single county, submit to
2510 the recorder of that county:
2511 (I) the original:
2512 (Aa) notice of an impending boundary action; and
2513 (Bb) certificate of dissolution; and
2514 (II) a certified copy of the resolution adopted under Subsection (1); or
2515 (B) if the local district was located within the boundaries of more than a single county:
2516 (I) submit to the recorder of one of those counties:
2517 (Aa) the original of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa) and (Bb);
2518 and
2519 (Bb) a certified copy of the resolution adopted under Subsection (1); and
2520 (II) submit to the recorder of each other county:
2521 (Aa) a certified copy of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa) and

2522 (Bb); and
2523 (Bb) a certified copy of the resolution adopted under Subsection (1).
2524 [(c)] (b) Upon the lieutenant governor's issuance of the certificate of dissolution under
2525 Section 67-1a-6.5 , the local district is dissolved.
2526 Section 50. Section 17C-1-201 is amended to read:
2527 17C-1-201. Creation of agency -- Name change.
2528 (1) [Subject to Subsection (2), a] A community may, by ordinance adopted by its
2529 legislative body, [create] approve the creation of a community development and renewal
2530 agency.
2531 (2) (a) [Within ten days after adopting an ordinance under Subsection (1), the] The
2532 community legislative body shall:
2533 (i) within ten days after adopting an ordinance under Subsection (1), file with the
2534 lieutenant governor [a notice of the adoption of the ordinance, with a copy of the ordinance.]:
2535 (A) a copy of a notice of an impending boundary action, as defined in Section
2536 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
2537 (B) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
2538 (ii) upon the lieutenant governor's issuance of a certificate of creation under Section
2539 67-1a-6.5 , submit to the recorder of the county in which the agency is located:
2540 (A) the original notice of an impending boundary action;
2541 (B) the original certificate of creation;
2542 (C) the original approved final local entity plat; and
2543 (D) a certified copy of the ordinance approving the creation of the community
2544 development and renewal agency.
2545 (b) Upon the lieutenant governor's issuance of the certificate of creation under Section
2546 67-1a-6.5 , the agency is created and incorporated.
2547 (c) Until the documents listed in Subsection (2)(a)(ii) are recorded in the office of the
2548 recorder of the county in which the property is located, an agency may not receive or spend tax
2549 increment funds.

2550 (3) (a) An agency may approve a change in its name, whether to indicate it is a
2551 community development and renewal agency or otherwise, by:
2552 (i) adopting a resolution [setting forth its new] approving a name change; and
2553 (ii) filing [the resolution] with the lieutenant governor[, the State Tax Commission, the
2554 State Board of Education, and the assessor of the county in which the agency is located.] a
2555 copy of a notice of an impending name change, as defined in Section 67-1a-6.7 , that meets the
2556 requirements of Subsection 67-1a-6.7 (3).
2557 (b) (i) Upon the lieutenant governor's issuance of a certificate of name change under
2558 Section 67-1a-6.7 , the agency shall file with the recorder of the county in which the agency is
2559 located:
2560 (A) the original notice of an impending name change;
2561 (B) the original certificate of name change; and
2562 (C) a certified copy of the resolution approving a name change.
2563 (ii) Until the documents listed in Subsection (3)(b)(i) are recorded in the office of the
2564 county recorder, the agency may not operate under the new name.
2565 Section 51. Section 17C-1-701 is amended to read:
2566 17C-1-701. Approval of agency deactivation and dissolution -- Restrictions --
2567 Notice -- Recording requirements -- Agency records -- Dissolution expenses.
2568 (1) (a) Subject to Subsection (1)(b), the legislative body of the community that created
2569 an agency may, by ordinance, [deactivate and dissolve] approve the deactivation and
2570 dissolution of the agency.
2571 (b) An ordinance [dissolving] under Subsection (1)(a) approving the deactivation and
2572 dissolution of an agency may not be adopted unless the agency has no outstanding bonded
2573 indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding
2574 contractual obligations with persons or entities other than the community.
2575 (2) (a) [Within ten days after adopting an ordinance under Subsection (1), the] The
2576 community legislative body shall [file a certified copy of the ordinance]:
2577 (i) within ten days after adopting an ordinance under Subsection (1), file with the

2578 lieutenant governor[.] a copy of a notice of an impending boundary action, as defined in
2579 Section 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
2580 (ii) upon the lieutenant governor's issuance of a certificate of dissolution under Section
2581 67-1a-6.5 , submit to the recorder of the county in which the agency is located:
2582 (A) the original notice of an impending boundary action;
2583 (B) the original certificate of dissolution; and
2584 (C) a certified copy of the ordinance approving the deactivation and dissolution of the
2585 agency.
2586 (b) Upon the lieutenant governor's issuance of the certificate of dissolution under
2587 Section 67-1a-6.5 , the agency is dissolved.
2588 (c) Within ten days after receiving the certificate of dissolution from the lieutenant
2589 governor under Section 67-1a-6.5 , the community legislative body shall send a copy of the
2590 certificate of dissolution and the ordinance adopted under Subsection (1) to the State Board of
2591 Education, and each taxing entity.
2592 (d) The community legislative body shall publish a notice of dissolution in a
2593 newspaper of general circulation in the county in which the dissolved agency is located.
2594 (3) The books, documents, records, papers, and seal of each dissolved agency shall be
2595 deposited for safekeeping and reference with the recorder of the community that dissolved the
2596 agency.
2597 (4) The agency shall pay all expenses of the deactivation and dissolution.
2598 Section 52. Section 17D-1-204 is amended to read:
2599 17D-1-204. Prerequisites for adopting a resolution or ordinance approving the
2600 creation of a special service district.
2601 Before the legislative body of a county or municipality may adopt a resolution or
2602 ordinance under Section 17D-1-208 [creating] approving the creation of a special service
2603 district:
2604 (1) the clerk or recorder, as the case may be, of the county or municipality shall give
2605 written notice as provided in Section 17D-1-205 ;

2606 (2) the legislative body shall hold a public hearing, as provided in Section 17D-1-207 ;
2607 and
2608 (3) the period for filing protests under Section 17D-1-206 shall have passed without
2609 adequate protests having been filed.
2610 Section 53. Section 17D-1-208 is amended to read:
2611 17D-1-208. Adoption of a resolution or ordinance approving the creation of a
2612 special service district.
2613 (1) Subject to the provisions of and as provided in this part, the legislative body of a
2614 county or municipality may adopt a resolution or ordinance [creating] approving the creation
2615 of a special service district.
2616 (2) (a) Subject to Subsection (2)(b), a resolution or ordinance adopted by a legislative
2617 body under Subsection (1) may contain changes from the proposal as set forth in a resolution
2618 under Subsection 17D-1-203 (1)(a) or a petition under Subsection 17D-1-203 (1)(b), including
2619 changes in:
2620 (i) the boundary of the special service district; and
2621 (ii) the services to be provided by the special service district.
2622 (b) The legislative body of a county or municipality may not adopt a resolution or
2623 ordinance under Subsection (1) that [creates] approves the creation of a special service district
2624 with a boundary that includes more area than is included in, or that authorizes the special
2625 service district to provide a service not proposed in, a resolution under Subsection
2626 17D-1-203 (1)(a) or a petition under Subsection 17D-1-203 (1)(b), unless the requirements of
2627 Sections 17D-1-205 , 17D-1-206 , and 17D-1-207 are met with respect to the additional area or
2628 service, as the case may be.
2629 Section 54. Section 17D-1-209 is amended to read:
2630 17D-1-209. Notice and plat to lieutenant governor -- Recording requirements --
2631 Effective date.
2632 (1) [Within 30 days after adopting a resolution or ordinance under Subsection
2633 17D-1-208 (1) creating a special service district, the] The legislative body adopting [the] a

2634 resolution or ordinance [shall file a notice] approving the creation of a special service district
2635 shall:
2636 (a) within 30 days after adopting the resolution or ordinance, file with the lieutenant
2637 governor[.]:
2638 [(2) Each notice under Subsection (1) shall:]
2639 [(a) be accompanied by:]
2640 [(i) a copy of the resolution or ordinance creating the special service district; and]
2641 [(ii) a map showing the boundaries of the special service district, prepared and
2642 certified by a licensed surveyor and filed with the county surveyor in accordance with Section
2643 17-23-17 ; and]
2644 [(b) include the legislative body's certification that all requirements for the creation of
2645 the special service district have been met.]
2646 (i) a copy of a notice of an impending boundary action, as defined in Section
2647 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
2648 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
2649 (b) upon the lieutenant governor's issuance of a certificate of incorporation under
2650 Section 67-1a-6.5 , submit to the recorder of the county in which the special service district is
2651 located:
2652 (i) the original notice of an impending boundary action;
2653 (ii) the original certificate of incorporation;
2654 (iii) the original approved final local entity plat; and
2655 (iv) a certified copy of the resolution or ordinance approving the creation of the
2656 special service district.
2657 [(3)] (2) (a) Upon the lieutenant governor's issuance of a certificate of creation under
2658 Section 67-1a-6.5 , the special service district is created and incorporated.
2659 (b) (i) The effective date of a special service district's incorporation for purposes of
2660 assessing property within the special service district is governed by Section 59-2-305.5 .
2661 (ii) Until the documents listed in Subsection (1)(b) are recorded in the office of the

2662 recorder of the county in which the property is located:
2663 (A) the county, city, or town that created the special service district may not levy or
2664 collect a property tax for special service district purposes on property within the special
2665 service district; and
2666 (B) the special service district may not:
2667 (I) levy or collect an assessment on property within the special service district; or
2668 (II) charge or collect a fee for service provided to property within the special service
2669 district.
2670 Section 55. Section 17D-1-403 is amended to read:
2671 17D-1-403. Notice and plat to lieutenant governor -- Lieutenant governor
2672 certification -- Recording requirements -- Effective date.
2673 (1) If a county or municipal legislative body adopts a resolution approving the
2674 annexation of an area to an existing special service district, the legislative body shall[,]:
2675 (a) within 30 days after adopting the resolution, file [a notice] with the lieutenant
2676 governor[.]:
2677 [(2) Each notice under Subsection (1) shall:]
2678 [(a) be accompanied by:]
2679 [(i) a copy of the resolution adopted by the legislative body approving the annexation;
2680 and]
2681 [(ii) a map showing the additional area to be annexed to the special service district,
2682 prepared and certified by a licensed surveyor and filed with the county surveyor in accordance
2683 with Section 17-23-17 ; and]
2684 [(b) include the legislative body's certification that all requirements for the annexation
2685 of the additional area have been met.]
2686 (i) a copy of a notice of an impending boundary action, as defined in Section
2687 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
2688 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
2689 (b) upon the lieutenant governor's issuance of a certificate of annexation under Section

2690 67-1a-6.5 , submit to the recorder of the county in which the special service district is located:
2691 (i) the original notice of an impending boundary action;
2692 (ii) the original certificate of annexation;
2693 (iii) the original approved final local entity plat; and
2694 (iv) a certified copy of the resolution approving the annexation.
2695 (3) (a) Upon the lieutenant governor's issuance of the certificate of [boundary change]
2696 annexation under Section 67-1a-6.5 , the additional area that is the subject of the legislative
2697 body's resolution is annexed to the special service district.
2698 (b) (i) The effective date of an annexation under this section for purposes of assessing
2699 property within the annexed area is governed by Section 59-2-305.5 .
2700 (ii) Until the documents listed in Subsection (1)(b) are recorded in the office of the
2701 recorder of the county in which the property is located:
2702 (A) the county, city, or town that created the special service district may not levy or
2703 collect a property tax for special service district purposes on property within the annexed area;
2704 and
2705 (B) the special service district may not:
2706 (I) levy or collect an assessment on property within the annexed area; or
2707 (II) charge or collect a fee for service provided to property within the annexed area.
2708 (iii) Subsection (3)(b)(ii)(B)(II):
2709 (A) may not be construed to limit a special service district's ability before annexation
2710 to charge and collect a fee for service provided to property that is outside the special service
2711 district's boundary; and
2712 (B) does not apply until 60 days after the effective date, under Subsection (3)(a), of
2713 the special service district's annexation, with respect to a fee that the special service district
2714 was charging for service provided to property within the annexed area immediately before the
2715 area was annexed to the special service district.
2716 Section 56. Section 17D-1-603 is amended to read:
2717 17D-1-603. Notice and plat to lieutenant governor -- Recording requirements --

2718 Effective date.
2719 (1) [Within 30 days after adopting] If a county or municipal legislative body adopts a
2720 resolution approving the withdrawal of an area from a special service district or the dissolution
2721 of a special service district, the county or municipal legislative body, as the case may be, shall
2722 [file a notice]:
2723 (a) within 30 days after adopting the resolution, file with the lieutenant governor[.]:
2724 [(2) Each notice under Subsection (1) shall:]
2725 [(a) be accompanied by:]
2726 [(i) a copy of the resolution approving the withdrawal or dissolution; and]
2727 [(ii) in the case of a withdrawal, a map showing the area to be withdrawn, prepared
2728 and certified by a licensed surveyor and filed with the county surveyor in accordance with
2729 Section 17-23-17 ; and]
2730 [(b) include the legislative body's certification that all requirements for the withdrawal
2731 or dissolution have been met.]
2732 (i) a copy of a notice of an impending boundary action, as defined in Section
2733 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
2734 (ii) in the case of a withdrawal, a copy of an approved final local entity plat, as defined
2735 in Section 67-1a-6.5 ; and
2736 (b) upon the lieutenant governor's issuance of a certificate of withdrawal or
2737 dissolution, as the case may be, under Section 67-1a-6.5 , submit to the recorder of the county
2738 in which the special service district is located:
2739 (i) the original notice of an impending boundary action;
2740 (ii) the original certificate of withdrawal or dissolution, as the case may be;
2741 (iii) in the case of a withdrawal, the original approved final local entity plat; and
2742 (iv) a certified copy of the resolution approving the withdrawal or dissolution.
2743 [(3)] (2) (a) Upon the lieutenant governor's issuance of the certificate of withdrawal
2744 under Section 67-1a-6.5 , the area to be withdrawn that is the subject of the legislative body's
2745 resolution is withdrawn from the special service district.

2746 (b) Upon the lieutenant governor's issuance of the certificate of dissolution under
2747 Section 67-1a-6.5 , the special service district is dissolved.
2748 Section 57. Section 17D-3-203 is amended to read:
2749 17D-3-203. Considerations in determining whether to approve conservation
2750 district creation, consolidation, division, or dissolution -- Denial or approval -- Notice
2751 and plat to lieutenant governor -- Recording requirements -- Prohibition against
2752 considering similar creation, consolidation, division, or dissolution if previously denied.
2753 (1) In determining whether to approve the creation of a conservation district, the
2754 consolidation of existing conservation districts, or the division or dissolution of an existing
2755 conservation district, the commission shall consider:
2756 (a) the demonstrated necessity and administrative practicality of the creation,
2757 consolidation, division, or dissolution;
2758 (b) the topography of and soil compositions and prevailing land use practices within
2759 the area of the proposed or existing conservation district or districts;
2760 (c) the hydrologic unit code of the watershed in which the area of the proposed or
2761 existing conservation district or districts is located;
2762 (d) the relationship of the area of the proposed or existing conservation district or
2763 districts to existing watersheds and agricultural regions; and
2764 (e) the sentiment expressed by persons within the area of the proposed or existing
2765 conservation district or districts with respect to the proposed creation, consolidation, division,
2766 or dissolution.
2767 (2) After holding a public hearing as required under Subsection 17D-3-201 (2)(b) and
2768 considering the factors listed in Subsection (1), the commission shall:
2769 (a) (i) [deny] disapprove the creation of a conservation district, the consolidation of
2770 existing conservation districts, or the division or dissolution of an existing conservation
2771 district, as the case may be, if the commission determines that creation, consolidation,
2772 division, or dissolution is not necessary or administratively practical; or
2773 (ii) approve the creation of a conservation district, the consolidation of existing

2774 conservation districts, or the division or dissolution of an existing conservation district, as the
2775 case may be, if the commission determines that creation, consolidation, division, or
2776 dissolution is necessary and administratively practical; and
2777 (b) set forth in writing the reasons for the commission's action.
2778 (3) (a) [(i)] If the commission approves the creation, consolidation, division, or
2779 dissolution, the commission shall [certify its action and]:
2780 (i) deliver [a copy of the certification] to the lieutenant governor[.]:
2781 [(ii) Each certification under Subsection (3)(a)(i) of a creation, consolidation, or
2782 division shall include an accurate legal description of the conservation district or districts as it
2783 or they are proposed to exist as a result of the creation, consolidation, or division.]
2784 (A) a copy of a notice of an impending boundary action, as defined in Section
2785 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
2786 (B) except in the case of a dissolution, a copy of an approved final local entity plat, as
2787 defined in Section 67-1a-6.5 ; and
2788 (ii) upon the lieutenant governor's issuance of a certificate of boundary action under
2789 Section 67-1a-6.5 :
2790 (A) if the conservation district is or, in the case of dissolution, was located within the
2791 boundary of a single county, submit to the recorder of that county:
2792 (I) the original:
2793 (Aa) notice of an impending boundary action;
2794 (Bb) certificate of boundary action; and
2795 (Cc) except in the case of dissolution, approved final local entity plat; and
2796 (II) a certified copy of the document that the commission adopted approving the
2797 boundary action; or
2798 (B) if the conservation district is or, in the case of a dissolution, was located within the
2799 boundaries of more than a single county:
2800 (I) submit to the recorder of one of those counties:
2801 (Aa) the original of the documents listed in Subsections (3)(a)(ii)(A)(I)(Aa), (Bb), and

2802 (Cc); and
2803 (Bb) a certified copy of the document that the commission adopted approving the
2804 boundary action; and
2805 (II) submit to the recorder of each other county:
2806 (Aa) a certified copy of the documents listed in Subsections (3)(a)(ii)(A)(I)(Aa), (Bb),
2807 and (Cc); and
2808 (Bb) a certified copy of the document that the commission adopted approving the
2809 boundary action.
2810 (b) Upon the lieutenant governor's issuance of the certificate of creation,
2811 consolidation, division, or dissolution under Section 67-1a-6.5 , as the case may be, the
2812 conservation district is created and incorporated, consolidated, divided, or dissolved,
2813 respectively.
2814 (4) If the commission [denies] disapproves a creation, consolidation, division, or
2815 dissolution under Subsection (2)(a)(i), the commission may not, for six months following the
2816 denial, consider a similar proposal to create, divide, or dissolve the conservation district or to
2817 consolidate the conservation districts, as the case may be.
2818 Section 58. Section 53A-2-101.5 is amended to read:
2819 53A-2-101.5. Filing of notice and plat relating to school district boundary
2820 changes including creation, consolidation, division, or dissolution -- Recording
2821 requirements -- Effective date.
2822 (1) [Within 30 days after the creation, consolidation, division, or dissolution of a
2823 school district, or any other change affecting the boundary of a new or existing school district,
2824 the] The county legislative body shall [file a written notice of the action]:
2825 (a) within 30 days after the creation, consolidation, division, or dissolution of a school
2826 district, file with the lieutenant governor[.]:
2827 [(2) The notice under Subsection (1) shall be accompanied by an accurate map or plat
2828 showing the boundaries of the affected school districts, prepared and certified by a local
2829 surveyor and filed with the county surveyor in accordance with Section 17-23-17 .]

2830 (i) a copy of a notice of an impending boundary action, as defined in Section
2831 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
2832 (ii) except in the case of a dissolution, a copy of an approved final local entity plat, as
2833 defined in Section 67-1a-6.5 ; and
2834 (b) upon the lieutenant governor's issuance of a certificate of boundary action under
2835 Section 67-1a-6.5 :
2836 (i) if the school district is or, in the case of dissolution, was located within the
2837 boundary of a single county, submit to the recorder of that county:
2838 (A) the original:
2839 (I) notice of an impending boundary action;
2840 (II) certificate of boundary action; and
2841 (III) except in the case of dissolution, approved final local entity plat; and
2842 (B) if applicable, a certified copy of the resolution approving the boundary action; or
2843 (ii) if the school district is or, in the case of a dissolution, was located within the
2844 boundaries of more than a single county:
2845 (A) submit to the recorder of one of those counties:
2846 (I) the original of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III);
2847 and
2848 (II) if applicable, a certified copy of the resolution approving the boundary action; and
2849 (B) submit to the recorder of each other county:
2850 (I) a certified copy of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III);
2851 and
2852 (II) if applicable, a certified copy of the resolution approving the boundary action.
2853 [(3)] (2) (a) Upon the lieutenant governor's issuance of the certificate under Section
2854 67-1a-6.5 , the creation, consolidation, division, dissolution, or other change affecting the
2855 boundary of a new or existing school district that was the subject of the action has legal effect.
2856 (b) (i) As used in this Subsection (2)(b), "affected area" means:
2857 (A) in the case of the creation of a school district, the area within the school district's

2858 boundary;
2859 (B) in the case of the consolidation of multiple school districts, the area within the
2860 boundary of each school district that is consolidated into another school district;
2861 (C) in the case of the division of a school district, the area within the boundary of the
2862 school district created by the division; and
2863 (D) in the case of an addition to an existing school district, the area added to the
2864 school district.
2865 (ii) The effective date of a boundary action, as defined in Section 17-23-20 , for
2866 purposes of assessing property within the school district is governed by Section 59-2-305.5 .
2867 (iii) Until the documents listed in Subsection (1)(b) are recorded in the office of the
2868 recorder of each county in which the property is located, a school district may not levy or
2869 collect a property tax on property within the affected area.
2870 Section 59. Section 53A-2-118 is amended to read:
2871 53A-2-118. Creation of new school district -- Initiation of process -- Procedures
2872 to be followed.
2873 (1) A new school district may be created from one or more existing school districts, as
2874 provided in this section.
2875 (2) (a) The process to create a new school district may be initiated:
2876 (i) through a citizens' initiative petition;
2877 (ii) at the request of the board of the existing district or districts to be affected by the
2878 creation of the new district; or
2879 (iii) at the request of a city within the boundaries of the school district or at the request
2880 of interlocal agreement participants, pursuant to Section 53A-2-118.1 .
2881 (b) (i) Each petition submitted under Subsection (2)(a)(i) shall be signed by qualified
2882 electors residing within the geographical boundaries of the proposed new school district equal
2883 in number to at least 15% of the number of electors in the area who voted for the office of
2884 governor at the last regular general election.
2885 (ii) Each request or petition submitted under Subsection (2)(a) shall:

2886 (A) be filed with the clerk of each county in which any part of the proposed new
2887 school district is located;
2888 (B) indicate the typed or printed name and current residence address of each
2889 governing board member making a request, or registered voter signing a petition, as the case
2890 may be;
2891 (C) describe the proposed new school district boundaries; and
2892 (D) designate up to five signers of the petition or request as sponsors, one of whom
2893 shall be designated as the contact sponsor, with the mailing address and telephone number of
2894 each.
2895 (c) A signer of a petition under Subsection (2)(a)(i) may withdraw or, once withdrawn,
2896 reinstate the signer's signature at any time before the filing of the petition by filing a written
2897 withdrawal or reinstatement with the county clerk.
2898 (d) The process under Subsection (2)(a)(i) may only be initiated once during any
2899 four-year period.
2900 (e) A new district may not be formed pursuant to Subsection (2)(a) if the student
2901 population of the proposed new district is less than 3,000 or the existing district's student
2902 population would be less than 3,000 because of the creation of the new school district.
2903 (f) Within 45 days after the filing of a petition under Subsection (2)(a)(i) or five
2904 business days after the filing of a request under Subsection (2)(a)(ii) or (iii), the clerk of each
2905 county with which a request or petition is filed shall:
2906 (i) determine whether the request or petition complies with Subsections (2)(a), (b), (d),
2907 and (e), as applicable; and
2908 (ii) (A) if the county clerk determines that the request or petition complies with the
2909 applicable requirements:
2910 (I) certify the request or petition and deliver the certified request or petition to the
2911 county legislative body; and
2912 (II) mail or deliver written notification of the certification to the contact sponsor; or
2913 (B) if the county clerk determines that the request or petition fails to comply with any

2914 of the applicable requirements, reject the request or petition and notify the contact sponsor in
2915 writing of the rejection and reasons for the rejection.
2916 (g) If the county clerk fails to certify or reject a request or petition within the time
2917 specified in Subsection (2)(f), the request or petition shall be considered to be certified.
2918 (h) (i) If the county clerk rejects a request or petition, the request or petition may be
2919 amended to correct the deficiencies for which it was rejected and then refiled.
2920 (ii) Subsection (2)(d) does not apply to a request or petition that is amended and
2921 refiled after having been rejected by a county clerk.
2922 (i) If a county legislative body receives a request from a school board under
2923 Subsection (2)(a)(ii) or a petition under Subsection (2)(a)(i) which is certified by the county
2924 clerk on or before December 1:
2925 (i) the county legislative body shall appoint an ad hoc advisory committee, as provided
2926 by Subsection (3), on or before January 1;
2927 (ii) the ad hoc advisory committee shall submit its report and recommendations to the
2928 county legislative body, as provided by Subsection (3), on or before July 1; and
2929 (iii) if the legislative body of each county with which a request or petition is filed
2930 approves a proposal to create a new district, the proposal shall be submitted to the respective
2931 county clerk to be voted on by the electors of each existing district at the regular general or
2932 municipal general election held in November.
2933 (3) (a) The legislative body of each county with which a request or petition is filed
2934 shall appoint an ad hoc advisory committee to review and make recommendations on a request
2935 for the creation of a new school district submitted under Subsection (2)(a)(i) or (ii).
2936 (b) The advisory committee shall:
2937 (i) seek input from:
2938 (A) those requesting the creation of the new school district;
2939 (B) the school board and school personnel of each existing school district;
2940 (C) those citizens residing within the geographical boundaries of each existing school
2941 district;

2942 (D) the State Board of Education; and
2943 (E) other interested parties;
2944 (ii) review data and gather information on at least:
2945 (A) the financial viability of the proposed new school district;
2946 (B) the proposal's financial impact on each existing school district;
2947 (C) the exact placement of school district boundaries; and
2948 (D) the positive and negative effects of creating a new school district and whether the
2949 positive effects outweigh the negative if a new school district were to be created; and
2950 (iii) make a report to the county legislative body in a public meeting on the
2951 committee's activities, together with a recommendation on whether to create a new school
2952 district.
2953 (4) For a request or petition submitted under Subsection (2)(a)(i) or (2)(a)(ii):
2954 (a) The county legislative body shall provide for a 45-day public comment period on
2955 the report and recommendation to begin on the day the report is given under Subsection
2956 (3)(b)(iii).
2957 (b) Within 14 days after the end of the comment period, the legislative body of each
2958 county with which a request or petition is filed shall vote on the creation of the proposed new
2959 school district.
2960 (c) The proposal is approved if a majority of the members of the legislative body of
2961 each county with which a request or petition is filed votes in favor of the proposal.
2962 (d) If the proposal is approved, the legislative body of each county with which a
2963 request or petition is filed shall submit the proposal to the county clerk to be voted on:
2964 (i) by the legal voters of each existing school district;
2965 (ii) in accordance with the procedures and requirements applicable to a regular general
2966 election under Title 20A, Election Code; and
2967 (iii) at the next regular general election or municipal general election, whichever is
2968 first.
2969 (e) Creation of the new school district shall occur if a majority of the electors within

2970 both the proposed school district and each remaining school district voting on the proposal
2971 vote in favor of the creation of the new district.
2972 (f) Each county legislative body shall [provide notice of the action as required in]
2973 comply with the requirements of Section 53A-2-101.5 .
2974 (g) If a proposal submitted under Subsection (2)(a)(i) or (ii) to create a new district is
2975 approved by the electors, the existing district's documented costs to study and implement the
2976 proposal shall be reimbursed by the new district.
2977 (5) (a) If a proposal submitted under Subsection (2)(a)(iii) is certified under
2978 Subsection (2)(f) or (g), the legislative body of each county in which part of the proposed new
2979 school district is located shall submit the proposal to the respective clerk of each county to be
2980 voted on:
2981 (i) by the legal voters residing within the proposed new school district boundaries;
2982 (ii) in accordance with the procedures and requirements applicable to a regular general
2983 election under Title 20A, Election Code; and
2984 (iii) at the next regular general election or municipal general election, whichever is
2985 first.
2986 (b) (i) If a majority of the legal voters within the proposed new school district
2987 boundaries voting on the proposal at an election under Subsection (5)(a) vote in favor of the
2988 creation of the new district:
2989 (A) each county legislative body shall[, within 60 days after the canvass date, file with
2990 the lieutenant governor the written notice, with the accompanying map or plat, required under]
2991 comply with the requirements of Section 53A-2-101.5 ; and
2992 (B) upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5 ,
2993 the new district is created.
2994 (ii) Notwithstanding the creation of a new district as provided in Subsection
2995 (5)(b)(i)(B):
2996 (A) a new school district may not begin to provide educational services to the area
2997 within the new district until July 1 of the second calendar year following the creation election

2998 date;
2999 (B) a remaining district may not begin to provide educational services to the area
3000 within the remaining district until the time specified in Subsection (5)(b)(ii)(A); and
3001 (C) each existing district shall continue, until the time specified in Subsection
3002 (5)(b)(ii)(A), to provide educational services within the entire area covered by the existing
3003 district.
3004 Section 60. Section 53A-2-118.1 is amended to read:
3005 53A-2-118.1. Option for school district creation.
3006 (1) (a) After conducting a feasibility study, a city with a population of at least 50,000,
3007 as determined by the lieutenant governor using the process described in Subsection
3008 [ 10-2-302 (2)] 67-1a-2 (3), may by majority vote of the legislative body, submit for voter
3009 approval a measure to create a new school district with boundaries contiguous with that city's
3010 boundaries, in accordance with Section 53A-2-118 .
3011 (b) (i) The determination of all matters relating to the scope, adequacy, and other
3012 aspects of a feasibility study under Subsection (1)(a) is within the exclusive discretion of the
3013 city's legislative body.
3014 (ii) An inadequacy of a feasibility study under Subsection (1)(a) may not be the basis
3015 of a legal action or other challenge to:
3016 (A) an election for voter approval of the creation of a new school district; or
3017 (B) the creation of the new school district.
3018 (2) (a) By majority vote of the legislative body, a city of any class, a town, or a county,
3019 may, together with one or more other cities, towns, or the county enter into an interlocal
3020 agreement, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the
3021 purpose of submitting for voter approval a measure to create a new school district.
3022 (b) (i) In accordance with Section 53A-2-118 , interlocal agreement participants under
3023 Subsection (2)(a) may submit a proposal for voter approval if:
3024 (A) the interlocal agreement participants conduct a feasibility study prior to
3025 submitting the proposal to the county;

3026 (B) the combined population within the proposed new school district boundaries is at
3027 least 50,000;
3028 (C) the new school district boundaries:
3029 (I) are contiguous;
3030 (II) do not completely surround or otherwise completely geographically isolate a
3031 portion of an existing school district that is not part of the proposed new school district from
3032 the remaining part of that existing school district, except as provided in Subsection (2)(d)(iii);
3033 (III) include the entire boundaries of each participant city or town, except as provided
3034 in Subsection (2)(d)(ii); and
3035 (IV) subject to Subsection (2)(b)(ii), do not cross county lines; and
3036 (D) the combined population within the proposed new school district of interlocal
3037 agreement participants that have entered into an interlocal agreement proposing to create a
3038 new school district is at least 80% of the total population of the proposed new school district.
3039 (ii) The determination of all matters relating to the scope, adequacy, and other aspects
3040 of a feasibility study under Subsection (2)(b)(i)(A), including whether to conduct a new
3041 feasibility study or revise a previous feasibility study due to a change in the proposed new
3042 school district boundaries, is within the exclusive discretion of the legislative bodies of the
3043 interlocal agreement participants that enter into an interlocal agreement to submit for voter
3044 approval a measure to create a new school district.
3045 (iii) An inadequacy of a feasibility study under Subsection (2)(b)(i)(A) may not be the
3046 basis of a legal action or other challenge to:
3047 (A) an election for voter approval of the creation of a new school district; or
3048 (B) the creation of the new school district.
3049 (iv) For purposes of determining whether the boundaries of a proposed new school
3050 district cross county lines under Subsection (2)(b)(i)(C)(IV):
3051 (A) a municipality located in more than one county and entirely within the boundaries
3052 of a single school district is considered to be entirely within the same county as other
3053 participants in an interlocal agreement under Subsection (2)(a) if more of the municipality's

3054 land area and population is located in that same county than outside the county; and
3055 (B) a municipality located in more than one county that participates in an interlocal
3056 agreement under Subsection (2)(a) with respect to some but not all of the area within the
3057 municipality's boundaries on the basis of the exception stated in Subsection (2)(d)(ii)(B) may
3058 not be considered to cross county lines.
3059 (c) (i) A county may only participate in an interlocal agreement under this Subsection
3060 (2) for the unincorporated areas of the county.
3061 (ii) Boundaries of a new school district created under this section may include:
3062 (A) a portion of one or more existing school districts; and
3063 (B) a portion of the unincorporated area of a county, including a portion of a
3064 township.
3065 (d) (i) As used in this Subsection (2)(d):
3066 (A) "Isolated area" means an area that:
3067 (I) is entirely within the boundaries of a municipality that, except for that area, is
3068 entirely within a school district different than the school district in which the area is located;
3069 and
3070 (II) would, because of the creation of a new school district from the existing district in
3071 which the area is located, become completely geographically isolated.
3072 (B) "Municipality's school district" means the school district that includes all of the
3073 municipality in which the isolated area is located except the isolated area.
3074 (ii) Notwithstanding Subsection (2)(b)(i)(C)(III), a municipality may be a participant
3075 in an interlocal agreement under Subsection (2)(a) with respect to some but not all of the area
3076 within the municipality's boundaries if:
3077 (A) the portion of the municipality proposed to be included in the new school district
3078 would, if not included, become an isolated area upon the creation of the new school district; or
3079 (B) (I) the portion of the municipality proposed to be included in the new school
3080 district is within the boundaries of the same school district that includes the other interlocal
3081 agreement participants; and

3082 (II) the portion of the municipality proposed to be excluded from the new school
3083 district is within the boundaries of a school district other than the school district that includes
3084 the other interlocal agreement participants.
3085 (iii) (A) Notwithstanding Subsection (2)(b)(i)(C)(II), a proposal to create a new school
3086 district may be submitted for voter approval pursuant to an interlocal agreement under
3087 Subsection (2)(a), even though the new school district boundaries would create an isolated
3088 area, if:
3089 (I) the potential isolated area is contiguous to one or more of the interlocal agreement
3090 participants;
3091 (II) the interlocal participants submit a written request to the municipality in which the
3092 potential isolated area is located, requesting the municipality to enter into an interlocal
3093 agreement under Subsection (2)(a) that proposes to submit for voter approval a measure to
3094 create a new school district that includes the potential isolated area; and
3095 (III) 90 days after a request under Subsection (2)(d)(iii)(A)(II) is submitted, the
3096 municipality has not entered into an interlocal agreement as requested in the request.
3097 (B) Each municipality receiving a request under Subsection (2)(d)(iii)(A)(II) shall hold
3098 one or more public hearings to allow input from the public and affected school districts
3099 regarding whether or not the municipality should enter into an interlocal agreement with
3100 respect to the potential isolated area.
3101 (C) (I) This Subsection (2)(d)(iii)(C) applies if:
3102 (Aa) a new school district is created under this section after a measure is submitted to
3103 voters based on the authority of Subsection (2)(d)(iii)(A); and
3104 (Bb) the creation of the new school district results in an isolated area.
3105 (II) The isolated area shall, on July 1 of the second calendar year following the
3106 creation election date, become part of the municipality's school district.
3107 (III) Unless the isolated area is the only remaining part of the existing district, the
3108 process described in Subsection (4) shall be modified to:
3109 (Aa) include a third transition team, appointed by the school district board of the

3110 municipality's school district, to represent that school district;
3111 (Bb) require allocation of the existing district's property among the new district, the
3112 remaining district, and the municipality's school district;
3113 (Cc) require each of the three transition teams to appoint one member to the
3114 three-member arbitration panel, if an arbitration panel is established; and
3115 (Dd) require the municipality's school district to bear 1/3 of the costs of arbitration.
3116 (IV) The existing district shall continue to provide educational services to the isolated
3117 area until July 1 of the second calendar year following the creation election date.
3118 (3) (a) If a proposal under this section is approved by voters:
3119 (i) (A) subject to Subsection (3)(e):
3120 (I) each member of the board of the existing district who resides within the boundary
3121 of the new school district shall serve as an initial member of the new district board; and
3122 (II) each member of the board of the existing district who resides within the boundary
3123 of the remaining school district shall serve as an initial member of the remaining district
3124 board; and
3125 (B) an election shall be held on the June special election date, as provided in Section
3126 20A-1-204 , in the year following the creation election date, to elect:
3127 (I) all other members to the board of the new school district; and
3128 (II) all other members to the board of the remaining district;
3129 (ii) school district property shall be divided between the existing school district and
3130 the new school district as provided in Subsection (4);
3131 (iii) transferred employees shall be treated in accordance with Sections 53A-2-116 and
3132 53A-2-122 ;
3133 (iv) (A) an individual residing within the boundaries of a new school district at the
3134 time the new school district is created may, for six school years after the creation of the new
3135 school district, elect to enroll in a secondary school located outside the boundaries of the new
3136 school district if:
3137 (I) the individual resides within the boundaries of that secondary school as of the day

3138 before the new school district is created; and
3139 (II) the individual would have been eligible to enroll in that secondary school had the
3140 new school district not been created; and
3141 (B) the school district in which the secondary school is located shall provide
3142 educational services, including, if provided before the creation of the new school district,
3143 busing, to each individual making an election under Subsection (3)(a)(iv)(A) for each school
3144 year for which the individual makes the election; and
3145 (v) within one year after the new district begins providing educational services, the
3146 superintendent of each remaining district affected and the superintendent of the new district
3147 shall meet, together with the Superintendent of Public Instruction, to determine if further
3148 boundary changes should be proposed in accordance with Section 53A-2-104 .
3149 (b) Each member of a school district board of a new district and remaining district
3150 under Subsection (3)(a)(i) shall take office on July 15 immediately following the election
3151 under Subsection (3)(a)(i)(B).
3152 (c) (i) Subject to Subsection (3)(c)(ii), the terms of the initial members of the school
3153 district board of the new district and remaining district shall be staggered and adjusted by the
3154 county legislative body so that:
3155 (A) the school district board members' successors are elected at a future regular
3156 general election; and
3157 (B) the terms of their successors coincide with the schedule of terms for school district
3158 board members established in Section 20A-14-202 .
3159 (ii) (A) The term of a member under Subsection (3)(a)(i) may not be less than 17
3160 months.
3161 (B) In order to comply with the requirements of Subsection (3)(c)(i), the term of a
3162 member elected to a school district board at an election under Subsection (3)(a)(i)(B) held in
3163 an even-numbered year may exceed four years but may not exceed five years.
3164 (d) (i) The term of each member of the school district board of the existing district
3165 terminates on July 1 of the second year after the creation election date, regardless of when the

3166 term would otherwise have terminated.
3167 (ii) Notwithstanding the existence of a board for the new district and a board for the
3168 remaining district under Subsection (3)(a)(i), the board of the existing district shall continue,
3169 until the time specified in Subsection 53A-2-118 (5)(b)(ii)(A), to function and exercise
3170 authority as a board to the extent necessary to continue to provide educational services to the
3171 entire existing district.
3172 (iii) A person may simultaneously serve as a member of the board of an existing
3173 district and a member of the board of:
3174 (A) a new district; or
3175 (B) a remaining district.
3176 (e) If two or more members of an existing school district board reside within the same
3177 local school board district, as established by the county legislative body under Section
3178 20A-14-201 , of the new district or remaining district:
3179 (i) those board members shall stand for election at the same election at which the other
3180 board members are elected under Subsection (3)(a)(i)(B); and
3181 (ii) the board member receiving the highest number of votes is elected to the board of
3182 the new district or remaining district, as the case may be, for the local school board district in
3183 which the board member resides.
3184 (4) (a) Within 45 days after the canvass date:
3185 (i) a transition team to represent the remaining district shall be appointed by the
3186 members of the existing district board who reside within the area of the remaining district, in
3187 consultation with:
3188 (A) the legislative bodies of all municipalities in the area of the remaining district; and
3189 (B) the legislative body of the county in which the remaining district is located, if the
3190 remaining district includes one or more unincorporated areas of the county; and
3191 (ii) another transition team to represent the new district shall be appointed by:
3192 (A) for a new district located entirely within the boundaries of a single city, the
3193 legislative body of that city; or

3194 (B) for each other new district, the legislative bodies of all interlocal agreement
3195 participants.
3196 (b) The school district board of the existing school district shall, within 60 days after
3197 the canvass date:
3198 (i) prepare an inventory of the existing district's:
3199 (A) property, both tangible and intangible, real and personal; and
3200 (B) liabilities; and
3201 (ii) deliver a copy of the inventory to each of the transition teams.
3202 (c) (i) (A) The transition teams appointed under Subsection (4)(a) shall, subject to
3203 Subsection (4)(c)(iii):
3204 (I) determine the allocation of the existing district's property and, except for
3205 indebtedness under Section 53A-2-121 , liabilities between the remaining district and the new
3206 district in accordance with Subsection (4)(c)(ii);
3207 (II) prepare a written report detailing how the existing district's property and, except
3208 for indebtedness under Section 53A-2-121 , liabilities are to be allocated, including:
3209 (Aa) a designation of the property that should be transferred to the new district;
3210 (Bb) a designation of any property that should be shared between the remaining
3211 district and the new district; and
3212 (Cc) a designation of any property that will need to be allocated by arbitration under
3213 Subsection (4)(d); and
3214 (III) deliver a copy of the written report to:
3215 (Aa) the school district board of the existing district;
3216 (Bb) the school district board of the remaining district; and
3217 (Cc) the school district board of the new district.
3218 (B) The transition teams shall determine the allocation under Subsection (4)(c)(i)(A)(I)
3219 and deliver the report required under Subsection (4)(c)(i)(A)(II) before August 1 of the year
3220 following the election at which voters approve the creation of a new district, unless that
3221 deadline is extended by the mutual agreement of:

3222 (I) if the agreement is made before July 15 of the year following the creation election
3223 date:
3224 (Aa) the school district board of the existing district; and
3225 (Bb) [(aa)] (Ii) the legislative body of the city in which the new district is located, for a
3226 new district located entirely within a single city; or
3227 [(bb)] (IIii) the legislative bodies of all interlocal agreement participants, for each
3228 other new district; or
3229 (II) if the agreement is made on or after July 15 of the year following the creation
3230 election date:
3231 (Aa) the school district board of the remaining district; and
3232 (Bb) the school district board of the new district.
3233 (ii) Subject to Subsection (4)(c)(iii), all property, assets, and liabilities that the existing
3234 district owns on the allocation date, both tangible and intangible, real and personal, shall be
3235 allocated between the remaining district and the new district in a way that is fair and equitable
3236 to both the remaining district and the new district, taking into account:
3237 (A) the relative student populations between the remaining district and new district;
3238 (B) the relative assessed value of taxable property between the remaining district and
3239 the new district;
3240 (C) the historical amount of property used to deliver educational services to students
3241 in the remaining district and the new district;
3242 (D) any money made available for the use of the new district under Subsection (5);
3243 [and]
3244 (E) the agreed value of school buildings and associated property allocated to the
3245 remaining district and the new district under Subsection (4)(c)(iii)(A); and
3246 (F) any other factors that the transition teams consider relevant in dividing the
3247 property in a fair and equitable manner.
3248 (iii) (A) The transition teams shall allocate each school building and associated
3249 property used primarily to provide educational services to local residents and not serving

3250 district-wide purposes to the school district that would best serve the existing student
3251 population of that school building and associated property.
3252 (B) Except as provided in Subsection (4)(c)(iii)(A), nothing in this Subsection (4)(c)
3253 may be construed to limit the ability of the transition teams to:
3254 (I) provide that an existing district's property be shared by a remaining district and
3255 new district;
3256 (II) determine, by mutual agreement, that the value of the school buildings and
3257 associated property described in Subsection (4)(c)(iii)(A) may be excluded from consideration
3258 in the property allocation process under this Subsection (4)(c); or
3259 (III) provide for any other arrangement with respect to existing district property that is
3260 beneficial to and in the best interests of the remaining district and new district.
3261 (d) (i) Each disagreement between the transition teams about the proper allocation of
3262 property between the districts shall be resolved by binding arbitration to a three-member
3263 arbitration panel.
3264 (ii) Each transition team shall, no later than September 1 of the year after the creation
3265 election date, appoint one qualified, independent arbitrator to an arbitration panel under this
3266 Subsection (4)(d), and those two arbitrators shall, within 15 days after their appointment,
3267 appoint a third qualified, independent arbitrator.
3268 (iii) In the process of resolving a dispute between the transition teams, the arbitration
3269 panel may engage the services of one or more professionals to provide technical advice to the
3270 panel.
3271 (iv) The costs of arbitration shall initially be borne entirely by the existing district, but
3272 the new district shall reimburse the existing district half of those costs within one year after the
3273 new district begins providing educational services.
3274 (e) Each decision of the transition teams and of the arbitration panel resolving a
3275 disagreement between the transition teams is final and binding on the boards of the existing
3276 district, remaining district, and new district.
3277 (f) (i) All costs and expenses of the transition team that represents a remaining district

3278 shall be borne by the remaining district.
3279 (ii) All costs and expenses of the transition team that represents a new district shall
3280 initially be borne by:
3281 (A) the city whose legislative body appoints the transition team, if the transition team
3282 is appointed by the legislative body of a single city; or
3283 (B) the interlocal agreement participants, if the transition team is appointed by the
3284 legislative bodies of interlocal agreement participants .
3285 (iii) The new district may, to a maximum of $500,000, reimburse the city or interlocal
3286 agreement participants for:
3287 (A) transition team costs and expenses; and
3288 (B) startup costs and expenses incurred by the city or interlocal agreement participants
3289 on behalf of the new district.
3290 (5) (a) As used in this Subsection (5):
3291 (i) "New district startup costs" means:
3292 (A) costs and expenses incurred by a new district in order to prepare to begin
3293 providing educational services on July 1 of the second calendar year following the creation
3294 election date; and
3295 (B) the costs and expenses of the transition team that represents the new district.
3296 (ii) "Remaining district startup costs" means:
3297 (A) costs and expenses incurred by a remaining district in order to:
3298 (I) make necessary adjustments to deal with the impacts resulting from the creation of
3299 the new district; and
3300 (II) prepare to provide educational services within the remaining district once the new
3301 district begins providing educational services within the new district; and
3302 (B) the costs and expenses of the transition team that represents the remaining district.
3303 (b) (i) By July 25 of the year following the creation election date, the existing district
3304 shall make half of the undistributed reserve from its General Fund, to a maximum of
3305 $9,000,000, available for the use of the remaining district and the new district, as provided in

3306 this Subsection (5).
3307 (ii) The existing district may make additional funds available for the use of the
3308 remaining district and the new district beyond the amount specified in Subsection (5)(b)(i)
3309 through an interlocal agreement.
3310 (c) The existing district shall make the money under Subsection (5)(b) available to the
3311 remaining district and the new district proportionately based on student population.
3312 (d) The money made available under Subsection (5)(b) may be accessed and spent by:
3313 (i) for the remaining district, the school district board of the remaining district; and
3314 (ii) for the new district, the school district board of the new district.
3315 (e) (i) The remaining district may use its portion of the money made available under
3316 Subsection (5)(b) to pay for remaining district startup costs.
3317 (ii) The new district may use its portion of the money made available under
3318 Subsection (5)(b) to pay for new district startup costs.
3319 (6) (a) The existing district shall transfer title or, if applicable, partial title of property
3320 to the new school district in accordance with the allocation of property by:
3321 (i) the transition teams, as stated in the report under Subsection (4)(c)(i)(A)(II); and
3322 (ii) the arbitration panel, if applicable.
3323 (b) The existing district shall complete each transfer of title or, if applicable, partial
3324 title to real property and vehicles by July 1 of the second calendar year following the creation
3325 election date, except as that date is changed by the mutual agreement of:
3326 (i) the school district board of the existing district;
3327 (ii) the school district board of the remaining district; and
3328 (iii) the school district board of the new district.
3329 (c) The existing district shall complete the transfer of all property not included in
3330 Subsection (6)(b) by November 1 of the second calendar year after the creation election date.
3331 (7) Except as provided in Subsections (5) and (6), after the creation election date an
3332 existing school district may not transfer or agree to transfer title to district property without the
3333 prior consent of:

3334 (a) if the transfer or agreement to transfer is before July 15 of the year following the
3335 creation election date:
3336 (i) the legislative body of the city in which the new district is located, for a new
3337 district located entirely within a single city; or
3338 (ii) the legislative bodies of all interlocal agreement participants, for each other new
3339 district; or
3340 (b) if the transfer or agreement to transfer is on or after July 15 of the year following
3341 the creation election date but before July 15 of the second calendar year following the creation
3342 election date:
3343 (i) the school district board of the remaining district; and
3344 (ii) the school district board of the new district.
3345 (8) This section applies to and governs all actions and proceedings relating to and
3346 following the creation of a new district, whether the election under Subsection 53A-2-118 (5)
3347 on the proposal to create a new school district occurs before or after May 5, 2008, including:
3348 (a) the election of school district board members; and
3349 (b) transition team duties and responsibilities, whether the transition team is appointed
3350 before or after May 5, 2008.
3351 Section 61. Section 59-2-305.5 is enacted to read:
3352 59-2-305.5. Boundary actions not effective for purposes of assessment until
3353 required documents are recorded.
3354 (1) As used in this section:
3355 (a) "Affected area" means:
3356 (i) in the case of the creation or incorporation of a local entity, the area within the
3357 newly created local entity's boundary;
3358 (ii) in the case of an annexation of an area into an existing local entity, the annexed
3359 area;
3360 (iii) in the case of an adjustment of a boundary between local entities, the area that
3361 before the boundary adjustment was in the boundary of one local entity but becomes, because

3362 of the boundary adjustment, included within the boundary of another local entity;
3363 (iv) in the case of the withdrawal or disconnection of an area from a local entity, the
3364 area that is withdrawn or disconnected;
3365 (v) in the case of the consolidation of multiple local entities, the area within the
3366 boundary of the consolidated local entity;
3367 (vi) in the case of the division of a local entity into multiple local entities, the area
3368 within the boundary of each new local entity created by the division; and
3369 (vii) in the case of the dissolution of a local entity, the area that used to be within the
3370 former boundary of the dissolved local entity.
3371 (b) "Applicable certificate" has the same meaning as defined in Section 67-1a-6.5 .
3372 (c) "Boundary action" has the same meaning as defined in Section 17-23-20 .
3373 (d) "Effective date" means the effective date, under applicable statute, of the boundary
3374 action that is the subject of an applicable certificate.
3375 (e) "Local entity" has the same meaning as defined in Section 67-1a-6.5 .
3376 (f) "Required documents" means the documents relating to a boundary action that are
3377 required under applicable statute to be submitted to the county recorder for recording
3378 following the lieutenant governor's issuance of an applicable certificate.
3379 (2) Notwithstanding the effective date, a boundary action is not effective for purposes
3380 of assessing under this part the property located within the affected area until the required
3381 documents are recorded in the office of the recorder of each county in which the affected area
3382 is located.
3383 Section 62. Section 63F-1-506 is amended to read:
3384 63F-1-506. Automated Geographic Reference Center.
3385 (1) There is created the Automated Geographic Reference Center as part of the
3386 division.
3387 (2) The center shall:
3388 (a) provide geographic information system services to state agencies under rules
3389 adopted in accordance with Section 63F-1-504 and policies established by the division;

3390 (b) provide geographic information system services to federal government, local
3391 political subdivisions, and private persons under rules and policies established by the division;
3392 (c) manage the State Geographic Information Database; and
3393 (d) establish standard format, lineage, and other requirements for the database.
3394 (3) (a) There is created a position of surveyor within the center [which surveyor shall].
3395 (b) The surveyor under this Subsection (3) shall:
3396 (i) be licensed as a professional land surveyor under Title 58, Chapter 22, Professional
3397 Engineers and Land Surveyors Licensing Act[, and shall have the following duties:];
3398 [(a)] (ii) provide technical support to the office of lieutenant governor in [evaluating
3399 boundary creation or boundary changes prior to certification by the lieutenant governor under
3400 Section 67-1a-6.5 ;] the lieutenant governor's evaluation under Section 67-1a-6.5 of a proposed
3401 boundary action, as defined in Section 17-23-20 ;
3402 (iii) as requested by a county surveyor, provide technical assistance to the county
3403 surveyor with respect to the county surveyor's responsibilities under Section 17-23-20 ;
3404 (iv) fulfill the duties described in Section 17-50-105 , if engaged to do so as provided
3405 in that section;
3406 [(b)] (v) assist the State Tax Commission in processing and quality assurance of
3407 boundary descriptions or maps into digital format for inclusion in the State Geographic
3408 Information Database;
3409 [(c)] (vi) coordinate with county recorders and surveyors to create a statewide parcel
3410 layer in the State Geographic Information Database containing parcel boundary, parcel
3411 identifier, parcel address, owner type, and county recorder contact information; and
3412 [(d)] (vii) facilitate and integrate the collection efforts of local government and federal
3413 agencies for data collection to densify and enhance the statewide Public Land Survey System
3414 reference network in the State Geographic Information Database.
3415 (4) The division may:
3416 (a) make rules and establish policies to govern the center and its operations; and
3417 (b) set fees for the services provided by the center.

3418 (5) The state may not sell information obtained from counties under Subsection
3419 (3)[(c)](b)(v).
3420 Section 63. Section 63F-1-507 is amended to read:
3421 63F-1-507. State Geographic Information Database.
3422 (1) There is created a State Geographic Information Database to be managed by the
3423 center.
3424 (2) The database shall:
3425 (a) serve as the central reference for all information contained in any GIS database by
3426 any state agency;
3427 (b) serve as a clearing house and repository for all data layers required by multiple
3428 users;
3429 (c) serve as a standard format for geographic information acquired, purchased, or
3430 produced by any state agency; and
3431 (d) include an accurate representation of all civil subdivision boundaries of the state.
3432 (3) Each state agency that acquires, purchases, or produces digital geographic
3433 information data shall:
3434 (a) inform the center of the existence of the data layers and their geographic extent;
3435 (b) allow the center access to all data classified public; and
3436 (c) comply with any database requirements established by the center.
3437 (4) At least annually, the State Tax Commission shall deliver to the center information
3438 the State Tax Commission receives under [Sections 10-1-116 , 11-13-204 , 11-13-205 , 17-2-4 ,
3439 17-2-9 , 17-3-3 , 17B-1-215 , and 17C-1-201 ] Section 67-1a-6.5 relating to the creation or
3440 modification of the boundaries of [the] political subdivisions [that are the subject of those
3441 sections].
3442 (5) The boundary of a political subdivision within the State Geographic Information
3443 Database is the official boundary of the political subdivision for purposes of meeting the needs
3444 of the United States Bureau of the Census in identifying the boundary of the political
3445 subdivision.

3446 Section 64. Section 63G-7-401 is amended to read:
3447 63G-7-401. Claim for injury -- Notice -- Contents -- Service -- Legal disability --
3448 Appointment of guardian ad litem.
3449 (1) (a) Except as provided in Subsection (1)(b), a claim arises when the statute of
3450 limitations that would apply if the claim were against a private person begins to run.
3451 (b) The statute of limitations does not begin to run until a claimant knew, or with the
3452 exercise of reasonable diligence should have known:
3453 (i) that the claimant had a claim against the governmental entity or its employee; and
3454 (ii) the identity of the governmental entity or the name of the employee.
3455 (c) The burden to prove the exercise of reasonable diligence is upon the claimant.
3456 (2) Any person having a claim against a governmental entity, or against its employee
3457 for an act or omission occurring during the performance of the employee's duties, within the
3458 scope of employment, or under color of authority shall file a written notice of claim with the
3459 entity before maintaining an action, regardless of whether or not the function giving rise to the
3460 claim is characterized as governmental.
3461 (3) (a) The notice of claim shall set forth:
3462 (i) a brief statement of the facts;
3463 (ii) the nature of the claim asserted;
3464 (iii) the damages incurred by the claimant so far as they are known; and
3465 (iv) if the claim is being pursued against a governmental employee individually as
3466 provided in Subsection 63G-7-202 (3)(c), the name of the employee.
3467 (b) The notice of claim shall be:
3468 (i) signed by the person making the claim or that person's agent, attorney, parent, or
3469 legal guardian; and
3470 (ii) directed and delivered by hand or by mail according to the requirements of Section
3471 68-3-8.5 to the office of:
3472 (A) the city or town clerk, when the claim is against an incorporated city or town;
3473 (B) the county clerk, when the claim is against a county;

3474 (C) the superintendent or business administrator of the board, when the claim is
3475 against a school district or board of education;
3476 (D) the presiding officer or secretary/clerk of the board, when the claim is against a
3477 local district or special service district;
3478 (E) the attorney general, when the claim is against the state [of Utah];
3479 (F) a member of the governing board, the executive director, or executive secretary,
3480 when the claim is against any other public board, commission, or body; or
3481 (G) the agent authorized by a governmental entity to receive the notice of claim by the
3482 governmental entity under Subsection (5)(e).
3483 (4) (a) If an injury that may reasonably be expected to result in a claim against a
3484 governmental entity is sustained by a claimant who is under the age of majority or mentally
3485 incompetent, that governmental entity may file a request with the court for the appointment of
3486 a guardian ad litem for the potential claimant.
3487 (b) If a guardian ad litem is appointed, the time for filing a claim under Section
3488 63G-7-402 begins when the order appointing the guardian is issued.
3489 (5) (a) Each governmental entity subject to suit under this chapter shall file a
3490 statement with the Division of Corporations and Commercial Code within the Department of
3491 Commerce containing:
3492 (i) the name and address of the governmental entity;
3493 (ii) the office or agent designated to receive a notice of claim; and
3494 (iii) the address at which it is to be directed and delivered.
3495 (b) Each governmental entity shall update its statement as necessary to ensure that the
3496 information is accurate.
3497 (c) The Division of Corporations and Commercial Code shall develop a form for
3498 governmental entities to complete that provides the information required by Subsection (5)(a).
3499 (d) (i) [Newly] A newly incorporated [municipalities] municipality shall file the
3500 statement required by Subsection (5)(a) [at the time that the statement of incorporation and
3501 boundaries is filed with] promptly after the lieutenant governor issues a certificate of

3502 incorporation under Section [ 10-1-106 ] 67-1a-6.5 .
3503 (ii) [Newly] A newly incorporated local [districts] district shall file the statement
3504 required by Subsection (5)(a) at the time that the written notice is filed with the lieutenant
3505 governor under Section 17B-1-215 .
3506 (e) A governmental entity may, in its statement, identify an agent authorized by the
3507 entity to accept notices of claim on its behalf.
3508 (6) The Division of Corporations and Commercial Code shall:
3509 (a) maintain an index of the statements required by this section arranged both
3510 alphabetically by entity and by county of operation; and
3511 (b) make the indices available to the public both electronically and via hard copy.
3512 (7) A governmental entity may not challenge the validity of a notice of claim on the
3513 grounds that it was not directed and delivered to the proper office or agent if the error is
3514 caused by the governmental entity's failure to file or update the statement required by
3515 Subsection (5).
3516 Section 65. Section 67-1a-2 is amended to read:
3517 67-1a-2. Duties enumerated.
3518 (1) The lieutenant governor shall:
3519 (a) perform duties delegated by the governor, including assignments to serve in any of
3520 the following capacities:
3521 (i) as the head of any one department, if so qualified, with the consent of the Senate,
3522 and, upon appointment at the pleasure of the governor and without additional compensation;
3523 (ii) as the chairperson of any cabinet group organized by the governor or authorized by
3524 law for the purpose of advising the governor or coordinating intergovernmental or
3525 interdepartmental policies or programs;
3526 (iii) as liaison between the governor and the state Legislature to coordinate and
3527 facilitate the governor's programs and budget requests;
3528 (iv) as liaison between the governor and other officials of local, state, federal, and
3529 international governments or any other political entities to coordinate, facilitate, and protect

3530 the interests of the state;
3531 (v) as personal advisor to the governor, including advice on policies, programs,
3532 administrative and personnel matters, and fiscal or budgetary matters; and
3533 (vi) as chairperson or member of any temporary or permanent boards, councils,
3534 commissions, committees, task forces, or other group appointed by the governor;
3535 (b) serve on all boards and commissions in lieu of the governor, whenever so
3536 designated by the governor;
3537 (c) serve as the chief election officer of the state as required by Subsection (2);
3538 (d) keep custody of the Great Seal of Utah;
3539 (e) keep a register of, and attest, the official acts of the governor;
3540 (f) affix the Great Seal, with an attestation, to all official documents and instruments
3541 to which the official signature of the governor is required; and
3542 (g) furnish a certified copy of all or any part of any law, record, or other instrument
3543 filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
3544 it and pays the fee.
3545 (2) (a) As the chief election officer, the lieutenant governor shall:
3546 (i) exercise general supervisory authority over all elections;
3547 (ii) exercise direct authority over the conduct of elections for federal, state, and
3548 multicounty officers and statewide or multicounty ballot propositions and any recounts
3549 involving those races;
3550 (iii) assist county clerks in unifying the election ballot;
3551 (iv) (A) prepare election information for the public as required by statute and as
3552 determined appropriate by the lieutenant governor;
3553 (B) make the information under Subsection (2)(a)(iv)(A) available to the public and to
3554 news media on the Internet and in other forms as required by statute or as determined
3555 appropriate by the lieutenant governor;
3556 (v) receive and answer election questions and maintain an election file on opinions
3557 received from the attorney general;

3558 (vi) maintain a current list of registered political parties as defined in Section
3559 20A-8-101;
3560 (vii) maintain election returns and statistics;
3561 (viii) certify to the governor the names of those persons who have received the highest
3562 number of votes for any office;
3563 (ix) ensure that all voting equipment purchased by the state complies with the
3564 requirements of Subsection 20A-5-302 (2) and Sections 20A-5-402.5 and 20A-5-402.7 ; and
3565 (x) perform other election duties as provided in Title 20A, Election Code.
3566 (b) As chief election officer, the lieutenant governor may not assume the
3567 responsibilities assigned to the county clerks, city recorders, town clerks, or other local
3568 election officials by Title 20A, Election Code.
3569 (3) (a) The lieutenant governor shall:
3570 (i) (A) determine a new city's classification under Section 10-2-301 upon the city's
3571 incorporation under Title 10, Chapter 2, Part 1, Incorporation, based on the city's population
3572 using the population estimate from the Utah Population Estimates Committee; and
3573 (B) (I) prepare a certificate indicating the class in which the new city belongs based on
3574 the city's population; and
3575 (II) within ten days after preparing the certificate, deliver a copy of the certificate to
3576 the city's legislative body;
3577 (ii) (A) determine the classification under Section 10-2-301 of a consolidated
3578 municipality upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part
3579 6, Consolidation of Municipalities, using population information from:
3580 (I) each official census or census estimate of the United States Bureau of the Census;
3581 or
3582 (II) the population estimate from the Utah Population Estimates Committee, if the
3583 population of a municipality is not available from the United States Bureau of the Census; and
3584 (B) (I) prepare a certificate indicating the class in which the consolidated municipality
3585 belongs based on the municipality's population; and

3586 (II) within ten days after preparing the certificate, deliver a copy of the certificate to
3587 the consolidated municipality's legislative body; and
3588 (iii) monitor the population of each municipality using population information from:
3589 (A) each official census or census estimate of the United States Bureau of the Census;
3590 or
3591 (B) the population estimate from the Utah Population Estimates Committee, if the
3592 population of a municipality is not available from the United States Bureau of the Census.
3593 (b) If the applicable population figure under Subsection (3)(a)(ii) or (iii) indicates that
3594 a municipality's population has increased beyond the population for its current class, the
3595 lieutenant governor shall:
3596 (i) prepare a certificate indicating the class in which the municipality belongs based on
3597 the increased population figure; and
3598 (ii) within ten days after preparing the certificate, deliver a copy of the certificate to
3599 the legislative body of the municipality whose class has changed.
3600 (c) (i) If the applicable population figure under Subsection (3)(a)(ii) or (iii) indicates
3601 that a municipality's population has decreased below the population for its current class, the
3602 lieutenant governor shall send written notification of that fact to the municipality's legislative
3603 body.
3604 (ii) Upon receipt of a petition under Subsection 10-2-302 (2) from a municipality
3605 whose population has decreased below the population for its current class, the lieutenant
3606 governor shall:
3607 (A) prepare a certificate indicating the class in which the municipality belongs based
3608 on the decreased population figure; and
3609 (B) within ten days after preparing the certificate, deliver a copy of the certificate to
3610 the legislative body of the municipality whose class has changed.
3611 Section 66. Section 67-1a-6.5 is repealed and reenacted to read:
3612 67-1a-6.5. Certification of local entity boundary actions.
3613 (1) As used in this section:

3614 (a) "Applicable certificate" means:
3615 (i) for the impending incorporation of a city, town, local district, or conservation
3616 district, a certificate of incorporation;
3617 (ii) for the impending creation of a county, school district, special service district,
3618 community development and renewal agency, or interlocal entity, a certificate of creation;
3619 (iii) for the impending annexation of territory to an existing local entity, a certificate
3620 of annexation;
3621 (iv) for the impending withdrawal or disconnection of territory from an existing local
3622 entity, a certificate of withdrawal or disconnection, respectively;
3623 (v) for the impending consolidation of multiple local entities, a certificate of
3624 consolidation;
3625 (vi) for the impending division of a local entity into multiple local entities, a certificate
3626 of division;
3627 (vii) for the impending adjustment of a common boundary between local entities, a
3628 certificate of boundary adjustment; and
3629 (viii) for the impending dissolution of a local entity, a certificate of dissolution.
3630 (b) "Approved final local entity plat" means a final local entity plat, as defined in
3631 Section 17-23-20 , that has been approved under Section 17-23-20 as a final local entity plat by
3632 the county surveyor.
3633 (c) "Approving authority" has the same meaning as defined in Section 17-23-20 .
3634 (d) "Boundary action" has the same meaning as defined in Section 17-23-20 .
3635 (e) "Center" means the Automated Geographic Reference Center created under Section
3636 63F-1-506 .
3637 (f) "Community development and renewal agency" has the same meaning as defined
3638 in Section 17C-1-102 .
3639 (g) "Conservation district" has the same meaning as defined in Section 17D-3-102 .
3640 (h) "Interlocal entity" has the same meaning as defined in Section 11-13-103 .
3641 (i) "Local district" has the same meaning as defined in Section 17B-1-102 .

3642 (j) "Local entity" means a county, city, town, school district, local district, community
3643 development and renewal agency, special service district, conservation district, or interlocal
3644 entity.
3645 (k) "Notice of an impending boundary action" means a written notice, as described in
3646 Subsection (3), that provides notice of an impending boundary action.
3647 (l) "Special service district" has the same meaning as defined in Section 17D-1-102 .
3648 (2) Within ten days after receiving a notice of an impending boundary action, the
3649 lieutenant governor shall:
3650 (a) (i) issue the applicable certificate, if:
3651 (A) the lieutenant governor determines that the notice of an impending boundary
3652 action meets the requirements of Subsection (3); and
3653 (B) except in the case of an impending local entity dissolution, the notice of an
3654 impending boundary action is accompanied by an approved final local entity plat;
3655 (ii) send the applicable certificate to the local entity's approving authority;
3656 (iii) return the original of the approved final local entity plat to the local entity's
3657 approving authority;
3658 (iv) send a copy of the applicable certificate and approved final local entity plat to:
3659 (A) the State Tax Commission;
3660 (B) the center; and
3661 (C) the county assessor, county surveyor, county auditor, and county attorney of each
3662 county in which the property depicted on the approved final local entity plat is located; and
3663 (v) send a copy of the applicable certificate to the state auditor, if the boundary action
3664 that is the subject of the applicable certificate is:
3665 (A) the incorporation or creation of a new local entity;
3666 (B) the consolidation of multiple local entities;
3667 (C) the division of a local entity into multiple local entities; or
3668 (D) the dissolution of a local entity; or
3669 (b) (i) send written notification to the approving authority that the lieutenant governor

3670 is unable to issue the applicable certificate, if:
3671 (A) the lieutenant governor determines that the notice of an impending boundary
3672 action does not meet the requirements of Subsection (3); or
3673 (B) the notice of an impending boundary action is:
3674 (I) not accompanied by an approved final local entity plat; or
3675 (II) accompanied by a plat or final local entity plat that has not been certified as a final
3676 local entity plat by the county surveyor under Section 17-23-20 ; and
3677 (ii) explain in the notification under Subsection (2)(b)(i) why the lieutenant governor
3678 is unable to issue the applicable certificate.
3679 (3) Each notice of an impending boundary action shall:
3680 (a) be directed to the lieutenant governor;
3681 (b) contain the name of the local entity or, in the case of an incorporation or creation,
3682 future local entity, whose boundary is affected or established by the boundary action;
3683 (c) describe the type of boundary action for which an applicable certificate is sought;
3684 and
3685 (d) (i) contain a statement, signed and verified by the approving authority, certifying
3686 that all requirements applicable to the boundary action have been met; or
3687 (ii) in the case of the dissolution of a municipality, be accompanied by a certified copy
3688 of the court order approving the dissolution of the municipality.
3689 (4) The lieutenant governor may require the approving authority to submit a paper or
3690 electronic copy of a notice of an impending boundary action and approved final local entity
3691 plat in conjunction with the filing of the original of those documents.
3692 (5) (a) The lieutenant governor shall:
3693 (i) keep, index, maintain, and make available to the public each notice of an
3694 impending boundary action, approved final local entity plat, applicable certificate, and other
3695 document that the lieutenant governor receives or generates under this section;
3696 (ii) make a copy of each document listed in Subsection (5)(a)(i) available on the
3697 Internet for 12 months after the lieutenant governor receives or generates the document;

3698 (iii) furnish a paper copy of any of the documents listed in Subsection (5)(a)(i) to any
3699 person who requests a paper copy; and
3700 (iv) furnish a certified copy of any of the documents listed in Subsection (5)(a)(i) to
3701 any person who requests a certified copy.
3702 (b) The lieutenant governor may charge a reasonable fee for a paper copy or certified
3703 copy of a document that the lieutenant governor provides under this Subsection (5).
3704 Section 67. Section 67-1a-6.7 is enacted to read:
3705 67-1a-6.7. Certification of local entity name change.
3706 (1) As used in this section:
3707 (a) "Approving authority" means the person or body authorized under statute to
3708 approve the local entity's name change.
3709 (b) "Center" has the same meaning as defined in Section 67-1a-6.5 .
3710 (c) "Certificate of name change" means a certificate issued by the lieutenant governor
3711 certifying a local entity's change of name.
3712 (d) "Local entity" has the same meaning as defined in Section 67-1a-6.5 .
3713 (e) "Notice of an impending name change" means a notice, as described in Subsection
3714 (3), that provides notice of a local entity's impending name change.
3715 (2) Within ten days after receiving a notice of an impending name change, the
3716 lieutenant governor shall:
3717 (a) issue a certificate of name change;
3718 (b) send the certificate of name change to the approving authority of the local entity
3719 whose name is being changed; and
3720 (c) send a copy of the certificate of name change to:
3721 (i) the State Tax Commission;
3722 (ii) the state auditor;
3723 (iii) the center; and
3724 (iv) the county assessor, county surveyor, county auditor, and county attorney of each
3725 county in which any part of the local entity is located.

3726 (3) Each notice of an impending name change shall:
3727 (a) be directed to the lieutenant governor;
3728 (b) contain the current name of the local entity;
3729 (c) state the name to which the local entity intends to change;
3730 (d) identify each county in which any part of the local entity is located; and
3731 (e) contain a statement, signed and verified by the approving authority, certifying that
3732 all requirements applicable to the name change have been met.
3733 (4) (a) The lieutenant governor shall:
3734 (i) keep, index, maintain, and make available to the public each notice of an
3735 impending name change, certificate of a name change, and other document that the lieutenant
3736 governor receives or generates under this section;
3737 (ii) make a copy of each document listed in Subsection (4)(a)(i) available on the
3738 Internet for 12 months after the lieutenant governor receives or generates the document;
3739 (iii) furnish a paper copy of any of the documents listed in Subsection (4)(a)(i) to any
3740 person who requests a paper copy; and
3741 (iv) furnish a certified copy of any of the documents listed in Subsection (4)(a)(i) to
3742 any person who requests a certified copy.
3743 (b) The lieutenant governor may charge a reasonable fee for a paper copy or certified
3744 copy of a document that the lieutenant governor provides under this Subsection (4).
3745 Section 68. Repealer.
3746 This bill repeals:
3747 Section 10-1-116, Notice to lieutenant governor of incorporation, dissolution, or
3748 boundary change -- Tax rate on new property included in municipality.
3749 Section 10-1-117, Amending articles of incorporation -- Lieutenant governor
3750 certification -- Effective date.
3751 Section 10-2-122, When incorporation complete -- Incorporation presumed
3752 conclusive.
3753 Section 10-2-508, Disconnection completed.

3754 Section 17-2-2, Election returns transmitted to lieutenant governor.
3755 Section 17-2-7, Election returns transmitted to lieutenant governor.
3756 Section 17-3-2, Election returns transmitted to lieutenant governor.