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S.B. 208 Enrolled
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7 Cosponsors:
8 Gregory S. Bell
9 Curtis S. Bramble
10 D. Chris Buttars
11 Allen M. Christensen
12 Margaret DaytonJon J. Greiner
David P. Hinkins
Scott K. Jenkins
Sheldon L. Killpack
Daniel R. Liljenquist
Karen MayneKaren W. Morgan
Wayne L. Niederhauser
Ralph Okerlund
Luz Robles
Howard A. Stephenson
Michael G. Waddoups 13
14 LONG TITLE
15 General Description:
16 This bill amends provisions of the Utah Code to allow posting of legal notices on a
17 website.
18 Highlighted Provisions:
19 This bill:
20 . amends provisions of the Utah Code to allow posting of legal notices on a website;
21 and
22 . makes technical corrections.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill coordinates with H.B. 67, Public Hearings on Property Tax Increases by
27 providing substantive and technical changes.
28 This bill coordinates with S.B. 65, Amendments to Property Tax Notice, Public
29 Hearing, and Resolution Provisions, by providing substantive, superseding, and
30 technical changes.
31 This bill coordinates with S.B. 73, Unincorporated Areas Amendments, by providing
32 substantive and technical changes
33 This bill coordinates with S.B. 209, Land Use, Development, and Management Act
34 Amendments, providing substantive and technical changes.
35 Utah Code Sections Affected:
36 AMENDS:
37 3-1-7, as last amended by Laws of Utah 1994, Chapter 204
38 4-17-7, as last amended by Laws of Utah 1985, Chapter 18
39 4-30-5, as enacted by Laws of Utah 1979, Chapter 2
40 6-1-5, Utah Code Annotated 1953
41 7-1-704, as last amended by Laws of Utah 2008, Chapter 382
42 7-1-706, as last amended by Laws of Utah 1997, Chapter 91
43 7-1-709, as last amended by Laws of Utah 1995, Chapter 49
44 7-2-6, as last amended by Laws of Utah 1994, Chapter 200
45 7-7-10, as last amended by Laws of Utah 2003, Chapter 327
46 8-5-6, as last amended by Laws of Utah 2002, Chapter 123
47 9-3-409, as last amended by Laws of Utah 2005, Chapter 105
48 9-8-805, as renumbered and amended by Laws of Utah 1992, Chapter 241
49 10-2-108, as repealed and reenacted by Laws of Utah 1997, Chapter 389
50 10-2-111, as repealed and reenacted by Laws of Utah 1997, Chapter 389
51 10-2-114, as last amended by Laws of Utah 2008, Chapter 19
52 10-2-115, as last amended by Laws of Utah 2000, Chapter 1
53 10-2-116, as enacted by Laws of Utah 1997, Chapter 389
54 10-2-125, as last amended by Laws of Utah 2008, Chapters 16 and 19
55 10-2-406, as last amended by Laws of Utah 2007, Chapter 329
56 10-2-407, as last amended by Laws of Utah 2003, Chapter 211
57 10-2-415, as last amended by Laws of Utah 2001, Chapter 206
58 10-2-418, as last amended by Laws of Utah 2007, Chapters 329 and 378
59 10-2-419, as last amended by Laws of Utah 2007, Chapter 329
60 10-2-501, as last amended by Laws of Utah 2003, Chapter 279
61 10-2-502.5, as renumbered and amended by Laws of Utah 2003, Chapter 279
62 10-2-607, as last amended by Laws of Utah 1993, Chapter 227
63 10-2-703, as enacted by Laws of Utah 1977, Chapter 48
64 10-2-708, as enacted by Laws of Utah 1977, Chapter 48
65 10-3-818, as last amended by Laws of Utah 2008, Chapter 250
66 10-5-108, as last amended by Laws of Utah 2001, Chapter 178
67 10-6-113, as enacted by Laws of Utah 1979, Chapter 26
68 10-6-152, as last amended by Laws of Utah 1993, Chapter 4
69 10-7-16, as last amended by Laws of Utah 2002, Chapter 90
70 10-7-19, Utah Code Annotated 1953
71 10-8-2, as last amended by Laws of Utah 2008, Chapters 3 and 382
72 10-9a-204, as enacted by Laws of Utah 2005, Chapter 254
73 10-9a-205, as enacted by Laws of Utah 2005, Chapter 254
74 10-9a-208, as last amended by Laws of Utah 2006, Chapter 240
75 10-18-203, as enacted by Laws of Utah 2001, Chapter 83
76 10-18-302, as last amended by Laws of Utah 2008, Chapter 382
77 10-18-303, as enacted by Laws of Utah 2001, Chapter 83
78 11-13-219, as last amended by Laws of Utah 2005, Chapter 105
79 11-14-202, as last amended by Laws of Utah 2006, Chapter 83
80 11-14-315, as last amended by Laws of Utah 2006, Chapter 83
81 11-14-316, as last amended by Laws of Utah 2006, Chapter 83
82 11-14-318, as enacted by Laws of Utah 2008, Chapter 21
83 11-14a-1, as last amended by Laws of Utah 2007, Chapter 329
84 11-17-16, as last amended by Laws of Utah 1988, Third Special Session, Chapter 1
85 11-27-4, as enacted by Laws of Utah 1981, Chapter 43
86 11-27-5, as enacted by Laws of Utah 1981, Chapter 43
87 11-30-5, as last amended by Laws of Utah 1997, Chapter 84
88 11-32-10, as enacted by Laws of Utah 1987, Chapter 143
89 11-32-11, as enacted by Laws of Utah 1987, Chapter 143
90 11-39-103, as last amended by Laws of Utah 2007, Chapter 329
91 11-42-202, as enacted by Laws of Utah 2007, Chapter 329
92 11-42-301, as enacted by Laws of Utah 2007, Chapter 329
93 11-42-402, as enacted by Laws of Utah 2007, Chapter 329
94 11-42-404, as enacted by Laws of Utah 2007, Chapter 329
95 11-42-604, as enacted by Laws of Utah 2007, Chapter 329
96 13-31-302, as enacted by Laws of Utah 1998, Chapter 349
97 13-44-202, as enacted by Laws of Utah 2006, Chapter 343
98 16-4-206, as enacted by Laws of Utah 2007, Chapter 367
99 16-4-303, as enacted by Laws of Utah 2007, Chapter 367
100 16-4-312, as enacted by Laws of Utah 2007, Chapter 367
101 16-6a-103, as enacted by Laws of Utah 2000, Chapter 300
102 16-6a-704, as enacted by Laws of Utah 2000, Chapter 300
103 16-6a-814, as last amended by Laws of Utah 2006, Chapter 228
104 16-6a-1407, as last amended by Laws of Utah 2008, Chapter 364
105 16-10a-103, as last amended by Laws of Utah 2008, Chapter 364
106 16-10a-1407, as last amended by Laws of Utah 2008, Chapter 364
107 16-16-1209, as enacted by Laws of Utah 2008, Chapter 363
108 17-27a-204, as enacted by Laws of Utah 2005, Chapter 254
109 17-27a-205, as enacted by Laws of Utah 2005, Chapter 254
110 17-27a-208, as last amended by Laws of Utah 2006, Chapter 240
111 17-27a-306, as last amended by Laws of Utah 2008, Chapter 250
112 17-27a-404, as renumbered and amended by Laws of Utah 2005, Chapter 254
113 17-30-6, as last amended by Laws of Utah 1993, Chapter 234
114 17-36-12, as last amended by Laws of Utah 1979, Chapter 62
115 17-36-25, as enacted by Laws of Utah 1975, Chapter 22
116 17-36-26, as enacted by Laws of Utah 1975, Chapter 22
117 17-36-40, as enacted by Laws of Utah 1983, Chapter 73
118 17-41-302, as last amended by Laws of Utah 2006, Chapter 194
119 17-41-304, as last amended by Laws of Utah 2006, Chapter 194
120 17-41-405, as last amended by Laws of Utah 2006, Chapter 194
121 17-52-101, as last amended by Laws of Utah 2001, Chapter 241
122 17-53-208, as last amended by Laws of Utah 2006, Chapter 192
123 17A-3-914, as last amended by Laws of Utah 1991, Chapter 5
124 17A-3-915, as renumbered and amended by Laws of Utah 1990, Chapter 186
125 17B-1-211, as renumbered and amended by Laws of Utah 2007, Chapter 329
126 17B-1-304, as renumbered and amended by Laws of Utah 2007, Chapter 329
127 17B-1-306, as last amended by Laws of Utah 2008, Chapters 54, 182, and 360
128 17B-1-313, as enacted by Laws of Utah 2007, Chapter 329
129 17B-1-413, as renumbered and amended by Laws of Utah 2007, Chapter 329
130 17B-1-417, as renumbered and amended by Laws of Utah 2007, Chapter 329
131 17B-1-512, as renumbered and amended by Laws of Utah 2007, Chapter 329
132 17B-1-609, as renumbered and amended by Laws of Utah 2007, Chapter 329
133 17B-1-643, as last amended by Laws of Utah 2008, Chapter 360
134 17B-1-1204, as enacted by Laws of Utah 2007, Chapter 329
135 17B-1-1307, as renumbered and amended by Laws of Utah 2007, Chapter 329
136 17C-1-601, as renumbered and amended by Laws of Utah 2006, Chapter 359
137 17C-2-108, as renumbered and amended by Laws of Utah 2006, Chapter 359
138 17C-2-403, as renumbered and amended by Laws of Utah 2006, Chapter 359
139 17C-3-107, as enacted by Laws of Utah 2006, Chapter 359
140 17C-3-303, as enacted by Laws of Utah 2006, Chapter 359
141 17C-4-106, as enacted by Laws of Utah 2006, Chapter 359
142 17C-4-202, as last amended by Laws of Utah 2007, Chapter 364
143 17C-4-302, as enacted by Laws of Utah 2006, Chapter 359
144 17D-1-205, as enacted by Laws of Utah 2008, Chapter 360
145 17D-2-601, as enacted by Laws of Utah 2008, Chapter 360
146 17D-3-305, as enacted by Laws of Utah 2008, Chapter 360
147 19-2-109, as renumbered and amended by Laws of Utah 1991, Chapter 112
148 19-5-110, as renumbered and amended by Laws of Utah 1991, Chapter 112
149 19-6-712, as enacted by Laws of Utah 1993, Chapter 283
150 20A-3-201, as last amended by Laws of Utah 2006, Chapter 326
151 20A-3-603, as last amended by Laws of Utah 2008, Chapter 53
152 20A-3-604, as enacted by Laws of Utah 2006, Chapter 264
153 20A-5-101, as last amended by Laws of Utah 2007, Chapters 238 and 329
154 20A-5-405, as last amended by Laws of Utah 2007, Chapter 75
155 20A-7-204.1, as last amended by Laws of Utah 2005, Chapter 236
156 20A-9-203, as last amended by Laws of Utah 2008, Chapters 13, 19, and 225
157 23-21-1.5, as last amended by Laws of Utah 1998, Chapter 218
158 24-1-4, as last amended by Laws of Utah 2004, Chapter 296
159 26-8a-405.3, as last amended by Laws of Utah 2008, Chapter 382
160 26-8a-406, as last amended by Laws of Utah 2003, Chapter 213
161 26-19-6, as last amended by Laws of Utah 2004, Chapter 72
162 31A-2-303, as last amended by Laws of Utah 1987, Chapter 161
163 31A-27a-406, as enacted by Laws of Utah 2007, Chapter 309
164 38-2-3.2, as last amended by Laws of Utah 2007, Chapter 306
165 38-8-3, as last amended by Laws of Utah 1984, Chapter 66
166 38-13-204, as enacted by Laws of Utah 2005, Chapter 187
167 39-1-15, Utah Code Annotated 1953
168 40-6-10, as last amended by Laws of Utah 2008, Chapter 382
169 40-8-8, as last amended by Laws of Utah 2002, Chapter 194
170 40-8-10, as last amended by Laws of Utah 1987, Chapter 161
171 40-8-13, as last amended by Laws of Utah 2003, Chapter 35
172 40-10-13, as last amended by Laws of Utah 2008, Chapter 382
173 40-10-17 (Subsect (2)(t)(ii) Repeal 09/30/09), as last amended by Laws of Utah 2004,
174 Chapter 230
175 40-10-27, as last amended by Laws of Utah 1997, Chapter 135
176 41-1a-1103, as last amended by Laws of Utah 2005, Chapter 56
177 47-2-4, as last amended by Laws of Utah 2000, Chapter 75
178 48-2c-1306, as last amended by Laws of Utah 2008, Chapter 364
179 52-4-202, as last amended by Laws of Utah 2008, Chapters 234 and 360
180 53A-3-202, as last amended by Laws of Utah 2007, Chapter 375
181 53A-3-402, as last amended by Laws of Utah 2007, Chapter 92
182 53A-18-104, as enacted by Laws of Utah 1988, Chapter 2
183 53A-19-102, as last amended by Laws of Utah 2008, Chapters 61, 231, and 236
184 53A-19-104, as enacted by Laws of Utah 1988, Chapter 2
185 53B-3-107, as last amended by Laws of Utah 1997, Chapter 116
186 53B-7-101.5, as enacted by Laws of Utah 2001, Chapter 186
187 54-4-27, Utah Code Annotated 1953
188 54-7-17, as last amended by Laws of Utah 1987, Chapter 161
189 54-8-10, as enacted by Laws of Utah 1969, Chapter 157
190 54-8-16, as enacted by Laws of Utah 1969, Chapter 157
191 54-8-23, as enacted by Laws of Utah 1969, Chapter 157
192 57-1-25, as last amended by Laws of Utah 2002, Chapter 209
193 57-11-11, as last amended by Laws of Utah 2000, Chapter 86
194 59-2-918, as last amended by Laws of Utah 2008, Chapters 61, 231, and 236
195 59-2-919, as last amended by Laws of Utah 2008, Chapters 231 and 301
196 59-2-924, as last amended by Laws of Utah 2008, Chapters 61, 118, 231, 236, 330,
197 360, and 382
198 59-2-926, as last amended by Laws of Utah 2008, Chapter 330
199 59-2-1303, as last amended by Laws of Utah 1999, Chapter 207
200 59-2-1309, as last amended by Laws of Utah 1997, Chapter 360
201 59-2-1310, as last amended by Laws of Utah 1995, Chapter 198
202 59-2-1332, as last amended by Laws of Utah 1997, Chapter 143
203 59-2-1332.5, as last amended by Laws of Utah 2002, Chapter 30
204 59-2-1351, as last amended by Laws of Utah 2000, Chapter 75
205 59-12-402, as last amended by Laws of Utah 2008, Chapter 384
206 59-12-1001, as last amended by Laws of Utah 2008, Chapters 382 and 384
207 59-12-1102, as last amended by Laws of Utah 2008, Chapters 237, 382, and 384
208 63B-1-317, as renumbered and amended by Laws of Utah 2003, Chapter 86
209 63B-1a-501, as enacted by Laws of Utah 2003, Chapter 2
210 63B-2-116, as last amended by Laws of Utah 2005, Chapter 105
211 63B-2-216, as last amended by Laws of Utah 2005, Chapter 105
212 63B-3-116, as last amended by Laws of Utah 2005, Chapter 105
213 63B-3-216, as last amended by Laws of Utah 2005, Chapter 105
214 63B-4-116, as last amended by Laws of Utah 2005, Chapter 105
215 63B-5-116, as last amended by Laws of Utah 2005, Chapter 105
216 63B-6-116, as last amended by Laws of Utah 2005, Chapter 105
217 63B-6-216, as last amended by Laws of Utah 2005, Chapter 105
218 63B-6-416, as last amended by Laws of Utah 2005, Chapter 105
219 63B-7-116, as last amended by Laws of Utah 2005, Chapter 105
220 63B-7-216, as last amended by Laws of Utah 2005, Chapter 105
221 63B-7-416, as last amended by Laws of Utah 2005, Chapter 105
222 63B-8-116, as last amended by Laws of Utah 2005, Chapter 105
223 63B-8-216, as last amended by Laws of Utah 2005, Chapter 105
224 63B-8-416, as last amended by Laws of Utah 2005, Chapter 105
225 63B-10-116, as last amended by Laws of Utah 2005, Chapter 105
226 63B-11-116, as last amended by Laws of Utah 2005, Chapter 105
227 63B-11-216, as last amended by Laws of Utah 2005, Chapter 105
228 63B-11-316, as last amended by Laws of Utah 2005, Chapter 105
229 63B-11-516, as last amended by Laws of Utah 2005, Chapter 105
230 63C-7-306, as enacted by Laws of Utah 1997, Chapter 136
231 63G-6-401, as renumbered and amended by Laws of Utah 2008, Chapter 382
232 63G-9-303, as renumbered and amended by Laws of Utah 2008, Chapter 382
233 63H-1-403, as enacted by Laws of Utah 2007, Chapter 23
234 63H-1-701, as enacted by Laws of Utah 2007, Chapter 23
235 63H-1-801, as enacted by Laws of Utah 2007, Chapter 23
236 67-4a-402, as last amended by Laws of Utah 2007, Chapter 18
237 67-4a-403, as last amended by Laws of Utah 2007, Chapter 18
238 72-3-108, as last amended by Laws of Utah 2000, Chapter 324
239 72-5-105, as last amended by Laws of Utah 2006, Chapter 101
240 72-6-108, as last amended by Laws of Utah 2008, Chapter 382
241 73-1-4, as last amended by Laws of Utah 2008, Chapters 380 and 382
242 73-1-16, Utah Code Annotated 1953
243 73-3-6, as last amended by Laws of Utah 2003, Chapter 99
244 73-3-12, as last amended by Laws of Utah 2008, Chapters 52 and 311
245 73-3a-107, as last amended by Laws of Utah 2003, Chapter 99
246 73-4-3, as last amended by Laws of Utah 2007, Chapter 136
247 73-4-4, as last amended by Laws of Utah 2007, Chapter 136
248 73-4-9, Utah Code Annotated 1953
249 73-5-14, Utah Code Annotated 1953
250 73-5-15, as last amended by Laws of Utah 2008, Chapters 360 and 382
251 73-6-2, Utah Code Annotated 1953
252 75-1-401, as last amended by Laws of Utah 1977, Chapter 194
253 75-3-801, as last amended by Laws of Utah 1992, Chapter 179
254 75-7-508, as last amended by Laws of Utah 2007, Chapter 64
255 76-8-809, as enacted by Laws of Utah 1973, Chapter 196
256 76-10-530, as last amended by Laws of Utah 2003, Chapter 203
257 77-24a-5, as last amended by Laws of Utah 2005, Chapter 126
258 78A-6-109, as renumbered and amended by Laws of Utah 2008, Chapter 3
259 78B-5-613, as enacted by Laws of Utah 2008, Chapter 3
260 ENACTS:
261 45-1-101, Utah Code Annotated 1953
262 RENUMBERS AND AMENDS:
263 45-1-201, (Renumbered from 45-1-1, Utah Code Annotated 1953)
264 45-1-202, (Renumbered from 45-1-2, as last amended by Laws of Utah 2003, Chapter
265 292)
266 45-1-301, (Renumbered from 45-1-4, as enacted by Laws of Utah 1971, Chapter 108)
267 45-1-302, (Renumbered from 45-1-5, as enacted by Laws of Utah 1971, Chapter 108)
268 45-1-303, (Renumbered from 45-1-6, as enacted by Laws of Utah 1971, Chapter 108)
269 45-1-304, (Renumbered from 45-1-7, as enacted by Laws of Utah 1971, Chapter 108)
270
271 Be it enacted by the Legislature of the state of Utah:
272 Section 1. Section 3-1-7 is amended to read:
273 3-1-7. Amendments to articles of incorporation.
274 (1) An association may amend its articles of incorporation by the affirmative vote of a
275 majority of the members voting at:
276 (a) a regular meeting; or
277 (b) a special meeting called for that purpose.
278 (2) Written notice of the proposed amendment and of the time and place of the
279 meeting shall be provided to the members of the association by any one of the following
280 procedures:
281 (a) by mail at the last-known address at least ten days prior to the meeting;
282 (b) by personal delivery at least ten days prior to the meeting; or
283 (c) by publication not less than ten days or more than 60 days prior to the meeting:
284 (i) in a periodical published by or for the association, to which substantially all of its
285 members are subscribers[
286 (ii) in a newspaper or newspapers whose combined circulation is general in the
287 territory in which the association operates[
288 (iii) as required in Section 45-1-101 .
289 (3) In addition to one of the means set forth in Subsection (2), the association may
290 give notice by any method established pursuant to the articles of incorporation or bylaws of
291 the association.
292 (4) The bylaws may require that the notice period be longer than ten days.
293 (5) An amendment affecting the preferential rights of any outstanding preferred stock
294 may not be adopted until the written consent of the holders of a majority of the outstanding
295 preference shares has been obtained.
296 (6) After an amendment has been adopted, articles of amendment shall be:
297 (a) prepared, in duplicate, setting forth the amendment and the fact of the adoption;
298 (b) signed and acknowledged by the president, chair, vice president, or vice chair and
299 by the secretary or treasurer; and
300 (c) filed in the same manner as the original articles of incorporation.
301 Section 2. Section 4-17-7 is amended to read:
302 4-17-7. Notice of noxious weeds to be published annually in county -- Notice to
303 particular property owners to control noxious weeds -- Methods of prevention or control
304 specified -- Failure to control noxious weeds considered public nuisance.
305 (1) Each county weed control board before May 1 of each year shall post a general
306 notice of the noxious weeds within the county in at least three public places within the county
307 and publish the same notice on:
308 (a) at least three occasions in a newspaper or other publication of general circulation
309 within the county[
310 (b) as required in Section 45-1-101 .
311 (2) If the county weed control board determines that particular property within the
312 county requires prompt and definite attention to prevent or control noxious weeds, it shall
313 serve the owner or the person in possession of the property, personally or by certified mail, a
314 notice specifying when and what action should be taken on the property. Methods of
315 prevention or control may include definite systems of tillage, cropping, use of chemicals, and
316 use of livestock.
317 (3) An owner or person in possession of property who fails to take action to control or
318 prevent the spread of noxious weeds as specified in the notice is maintaining a public
319 nuisance.
320 Section 3. Section 4-30-5 is amended to read:
321 4-30-5. Hearing on license application -- Notice of hearing.
322 (1) Upon the filing of an application, the chairman of the Livestock Market Committee
323 shall set a time for hearing on the application in the city or town nearest the proposed site of
324 the livestock market and cause notice of the time and place of the hearing together with a copy
325 of the application to be forwarded by mail, not less than 15 days before the hearing date, to the
326 following:
327 (a) each licensed livestock market operator within the state; and
328 (b) each livestock or other interested association or group of persons in the state that
329 has filed written notice with the committee requesting receipt of notice of such hearings.
330 (2) Notice of the hearing shall be published 14 days before the scheduled hearing date:
331 (i) in a daily or weekly newspaper of general circulation within the city or town where
332 the hearing is scheduled[
333 (ii) as required in Section 45-1-101 .
334 Section 4. Section 6-1-5 is amended to read:
335 6-1-5. Notice of assignment.
336 The assignee shall forthwith give notice of such assignment [
337 (1) (a) by publication once a week for six weeks:
338 (i) in a newspaper published in the county[
339 (ii) if there is not a newspaper as described in Subsection (1)(a)(i), in a newspaper
340 [
341
342 (b) by publication as required in Section 45-1-101 for six weeks; and
343 (2) by mail to each creditor of whom he shall be informed, directed to his usual place
344 of residence, requiring such creditor to present to him within three months thereafter his
345 claims under oath.
346 Section 5. Section 7-1-704 is amended to read:
347 7-1-704. Authorization required to engage in business -- Exemptions --
348 Procedure.
349 (1) (a) An institution subject to the jurisdiction of the department may maintain an
350 office in this state or engage in the activities of a financial institution in this state only if it is
351 authorized to do so by the department.
352 (b) This Subsection (1) does not apply to:
353 (i) any person who is lawfully engaging in the activities of a financial institution in
354 this state on July 1, 1981, unless the institution was not subject to the jurisdiction of the
355 department before that date;
356 (ii) an application to establish a branch or additional office; or
357 (iii) the establishment of a service corporation or service organization.
358 (2) An applicant for authorization to become an institution subject to the jurisdiction
359 of the department shall pay to the department the appropriate filing fee, as provided in Section
360 7-1-401 , and shall file with the commissioner:
361 (a) its undertaking to pay all expenses incurred in conducting any administrative
362 proceedings forming part of the department's consideration of the application;
363 (b) its proposed articles of incorporation and by-laws;
364 (c) an application in a form prescribed by the commissioner that includes all
365 information the commissioner requires about the source of the proposed original capital and
366 about the identity, personal history, business background and experience, financial condition,
367 and participation in any litigation or administrative proceeding of the organizers, the proposed
368 members of the board of directors, and the principal officers; and
369 (d) any other information the commissioner requires.
370 (3) In addition to the requirements of Title 63G, Chapter 4, Administrative Procedures
371 Act, the commissioner shall, at the expense of the applicant:
372 (a) (i) give notice of the application by publication in three successive issues of a
373 newspaper of general circulation in the county where the principal place of business is to be
374 established; and
375 (ii) give notice of the application by publication as required in Section 45-1-101 ; and
376 (b) give notice of the application to other institutions subject to the jurisdiction of the
377 department in a manner and to an extent the commissioner considers appropriate;
378 (c) cause the appropriate supervisor to make a careful investigation and examination
379 of the following:
380 (i) the character, reputation, and financial standing and ability of the organizers;
381 (ii) the character, financial responsibility, experience, and business qualifications of
382 those proposed as officers;
383 (iii) the character and standing in the community of those proposed as directors,
384 principal stockholders, or owners;
385 (iv) the need in the service area where the institution would be located, giving
386 particular consideration to the adequacy of existing financial facilities and the effect the
387 proposed institution would have on existing institutions in the area;
388 (v) the ability of the proposed service area to support the proposed institution,
389 including the extent and nature of existing competition, the economic history and future
390 prospects of the community, and the opportunity for profitable employment of financial
391 institution funds; and
392 (vi) other facts and circumstances bearing on the proposed institution that the
393 supervisor considers relevant.
394 (4) (a) The supervisor shall submit findings and recommendations in writing to the
395 commissioner.
396 (b) The application, any additional information furnished by the applicant, and the
397 findings and recommendations of the supervisor may be inspected by any person at the
398 department's office, except those portions of the application or report the commissioner
399 declares to be confidential, pursuant to the applicant's request, in order to prevent a clearly
400 unwarranted invasion of privacy.
401 (5) (a) If a hearing is held, the applicant shall publish notice of the hearing at the
402 applicant's expense:
403 (i) in a newspaper of general circulation within the county where the proposed
404 institution is to be located at least once a week for three successive weeks before the date of
405 hearing[
406 (ii) as required in Section 45-1-101 for three weeks before the date of the hearing.
407 (b) The notice shall include the date, time, and place of the hearing and any other
408 information required by the commissioner.
409 (c) The commissioner shall act on the record before him within 30 days after receipt of
410 the transcript of the hearing.
411 (6) If no hearing is held, the commissioner may, within 90 days of acceptance of the
412 application as complete, approve or disapprove the application based on the papers filed with
413 him, together with the supervisor's findings and recommendations.
414 (7) (a) The commissioner may not approve the application unless the commissioner
415 finds that the applicant has established by the preponderance of the evidence that:
416 (i) in light of the need for financial services in the area, the adequacy of existing
417 facilities, and the effect the proposed institution would have on existing institutions in the
418 area, the public need and convenience will be promoted by the establishment of the proposed
419 institution;
420 (ii) in light of the ability of the proposed service area to support the proposed
421 institution, including the extent and nature of existing competition, the economic history and
422 future prospects of the community, and the opportunity for profitable employment of financial
423 institution funds, conditions in the service area in which the proposed institution would
424 transact business afford reasonable promise of a successful operation;
425 (iii) the institution is being formed only for legitimate purposes allowed by the laws of
426 this state;
427 (iv) the proposed capital equals or exceeds the required minimum and is adequate in
428 light of current and prospective conditions;
429 (v) if the applicant is seeking authority to accept deposits, the deposits will be insured
430 or guaranteed by an agency of the federal government;
431 (vi) the proposed officers and directors have sufficient experience, ability, and
432 standing to afford reasonable promise of a successful operation;
433 (vii) the name of the proposed financial institution does not resemble the name of any
434 other institution transacting business in this state so closely as to cause confusion;
435 (viii) the applicants have complied with all of the provisions of law; and
436 (ix) no properly managed and soundly operated existing institutions offering
437 substantially similar services in the service area to which the application relates will be unduly
438 injured by approval of the application.
439 (b) The commissioner may condition approval of the application on the institution's
440 acceptance of requirements or conditions with respect to insurance that the commissioner
441 considers necessary to protect depositors.
442 (8) (a) The commissioner shall provide written findings and conclusions on the
443 application.
444 (b) Upon approving an application, the commissioner shall:
445 (i) endorse the approval on the articles of incorporation;
446 (ii) file one copy with the Division of Corporations and Commercial Code;
447 (iii) retain one file copy; and
448 (iv) return one copy to the applicant within ten days after the date of the
449 commissioner's decision approving the application.
450 (c) Upon disapproving an application, the commissioner shall mail notice of the
451 disapproval to the applicant within ten days.
452 (d) The commissioner may approve an application subject to conditions the
453 commissioner considers appropriate to protect the public interest and carry out the purposes of
454 this title.
455 (e) The commissioner shall give written notice of the decision to all persons who have
456 filed a protest to the application.
457 (9) Upon approval of an application for authorization to conduct a business subject to
458 the jurisdiction of the department, the commissioner shall issue a license, permit, or other
459 appropriate certificate of authority if:
460 (a) except in the case of credit unions, all of the capital of the institution being formed
461 has been paid in; and
462 (b) all the conditions and other requirements for approval of the application have been
463 met.
464 (10) (a) Any approval by the commissioner of an application under this section is
465 considered revoked unless the business is open and operating within one year from the date of
466 the approval.
467 (b) The commissioner, on written application made before the expiration of that
468 period, and for good cause shown, may extend the date for activation for additional periods
469 not to exceed six months each.
470 (11) No person may obtain, for the purpose of resale, a certificate of approval to
471 operate any institution under the jurisdiction of the department.
472 (12) The commissioner may approve an application without any notice to other
473 financial institutions to respond to an emergency arising from the insolvency of an existing
474 institution or to prevent the failure of an existing institution if the commissioner makes the
475 findings required by Subsection (7).
476 Section 6. Section 7-1-706 is amended to read:
477 7-1-706. Application to commissioner to exercise power -- Procedure.
478 (1) Except as provided in Sections 7-1-704 and 7-1-705 , by filing a request for agency
479 action with the commissioner, any person may request the commissioner to:
480 (a) issue any rule or order;
481 (b) exercise any powers granted to the commissioner under this title; or
482 (c) act on any matter that is subject to the approval of the commissioner.
483 (2) Within ten days of receipt of the request, the commissioner shall, at the applicant's
484 expense, cause a supervisor to make a careful investigation of the facts relevant or material to
485 the request.
486 (3) (a) The supervisor shall submit written findings and recommendations to the
487 commissioner.
488 (b) The application, any additional information furnished by the applicant, and the
489 findings and recommendations of the supervisor may be inspected by any person at the office
490 of the commissioner, except those portions of the application or report that the commissioner
491 designates as confidential to prevent a clearly unwarranted invasion of privacy.
492 (4) (a) If a hearing is held concerning the request, the commissioner shall publish
493 notice of the hearing at the applicant's expense:
494 (i) in a newspaper of general circulation within the county where the applicant is
495 located at least once a week for three successive weeks before the date of the hearing[
496 (ii) as required in Section 45-1-101 for three weeks before the date of the hearing.
497 (b) The notice required by Subsection (4)(a) shall include the information required by
498 the department's rules.
499 (c) The commissioner shall act upon the request within 30 days after the close of the
500 hearing, based on the record before the commissioner.
501 (5) (a) If no hearing is held, the commissioner shall approve or disapprove the request
502 within 90 days of receipt of the request based on:
503 (i) the application;
504 (ii) additional information filed with the commissioner; and
505 (iii) the findings and recommendations of the supervisor.
506 (b) The commissioner shall act on the request by issuing findings of fact, conclusions,
507 and an order, and shall mail a copy of each to:
508 (i) the applicant;
509 (ii) all persons who have filed protests to the granting of the application; and
510 (iii) other persons that the commissioner considers should receive copies.
511 (6) The commissioner may impose any conditions or limitations on the approval or
512 disapproval of a request that the commissioner considers proper to:
513 (a) protect the interest of creditors, depositors, and other customers of an institution;
514 (b) protect its shareholders or members; and
515 (c) carry out the purposes of this title.
516 Section 7. Section 7-1-709 is amended to read:
517 7-1-709. Branches -- Discontinuance of operation.
518 (1) A Utah depository institution or out-of-state depository institution authorized to do
519 business in this state may discontinue operation of a branch upon resolution of its board of
520 directors.
521 (2) Upon adopting the resolution, the institution shall file an application with the
522 commissioner specifying:
523 (a) the location of the branch to be discontinued;
524 (b) the date of the proposed discontinuance;
525 (c) the reasons for closing the branch; and
526 (d) the extent to which the public need and convenience or service to members would
527 still be adequately met.
528 (3) (a) Upon filing its application with the commissioner, the institution shall publish
529 notice of the discontinuance:
530 (i) in a newspaper serving the area once a week for two consecutive weeks[
531 (ii) as required by Section 45-1-101 for two weeks.
532 (b) The commissioner may approve the application after a reasonable comment period
533 following publication.
534 (4) An out-of-state depository institution with a branch in Utah is not subject to the
535 requirements of this section if the branch to be closed is located outside of Utah.
536 Section 8. Section 7-2-6 is amended to read:
537 7-2-6. Possession by commissioner -- Notice -- Presentation, allowance, and
538 disallowance of claims -- Objections to claims.
539 (1) (a) Possession of an institution by the commissioner commences when notice of
540 taking possession is:
541 (i) posted in each office of the institution located in this state; or
542 (ii) delivered to a controlling person or officer of the institution.
543 (b) All notices, records, and other information regarding possession of an institution
544 by the commissioner may be kept confidential, and all court records and proceedings relating
545 to the commissioner's possession may be sealed from public access if:
546 (i) the commissioner finds it is in the best interests of the institution and its depositors
547 not to notify the public of the possession by the commissioner;
548 (ii) the deposit and withdrawal of funds and payment to creditors of the institution is
549 not suspended, restricted, or interrupted; and
550 (iii) the court approves.
551 (2) (a) (i) Within 15 days after taking possession of an institution or other person
552 under the jurisdiction of the department, the commissioner shall publish a notice to all persons
553 who may have claims against the institution or other person to file proof of their claims with
554 the commissioner before a date specified in the notice.
555 (ii) The filing date shall be at least 90 days after the date of the first publication of the
556 notice.
557 (iii) The notice shall be published:
558 (A) (I) in a newspaper of general circulation in each city or county in which the
559 institution or other person, or any subsidiary or service corporation of the institution,
560 maintains an office[
561 (II) published again approximately 30 days and 60 days after the date of the first
562 publication[
563 (B) as required in Section 45-1-101 for 60 days.
564 (b) (i) Within 60 days of taking possession of a depository institution, the
565 commissioner shall send a similar notice to all persons whose identity is reflected in the books
566 or records of the institution as depositors or other creditors, secured or unsecured, parties to
567 litigation involving the institution pending at the date the commissioner takes possession of
568 the institution, and all other potential claimants against the institution whose identity is
569 reasonably ascertainable by the commissioner from examination of the books and records of
570 the institution. No notice is required in connection with accounts or other liabilities of the
571 institution that will be paid in full or be fully assumed by another depository institution or trust
572 company. The notice shall specify a filing date for claims against the institution not less than
573 60 days after the date of mailing. Claimants whose claims against the institution have been
574 assumed by another depository institution or trust company pursuant to a merger or purchase
575 and assumption agreement with the commissioner, or a federal deposit insurance agency
576 appointed as receiver or liquidator of the institution, shall be notified of the assumption of
577 their claims and the name and address of the assuming party within 60 days after the claim is
578 assumed. Unless a purchase and assumption or merger agreement requires otherwise, the
579 assuming party shall give all required notices. Notice shall be mailed to the address appearing
580 in the books and records of the institution.
581 (ii) Inadvertent or unintentional failure to mail a notice to any person entitled to
582 written notice under this paragraph does not impose any liability on the commissioner or any
583 receiver or liquidator appointed by him beyond the amount the claimant would be entitled to
584 receive if the claim had been timely filed and allowed. The commissioner or any receiver or
585 liquidator appointed by him are not liable for failure to mail notice unless the claimant
586 establishes that it had no knowledge of the commissioner taking possession of the institution
587 until after all opportunity had passed for obtaining payment through filing a claim with the
588 commissioner, receiver, or liquidator.
589 (c) Upon good cause shown, the court having supervisory jurisdiction may extend the
590 time in which the commissioner may serve any notice required by this chapter.
591 (d) The commissioner has the sole power to adjudicate any claim against the
592 institution, its property or other assets, tangible or intangible, and to settle or compromise
593 claims within the priorities set forth in Section 7-2-15 . Any action of the commissioner is
594 subject to judicial review as provided in Subsection (9).
595 (e) A receiver or liquidator of the institution appointed by the commissioner has all the
596 duties, powers, authority, and responsibilities of the commissioner under this section. All
597 claims against the institution shall be filed with the receiver or liquidator within the applicable
598 time specified in this section and the receiver or liquidator shall adjudicate the claims as
599 provided in Subsection (2)(d).
600 (f) The procedure established in this section is the sole remedy of claimants against an
601 institution or its assets in the possession of the commissioner.
602 (3) With respect to a claim which appears in the books and records of an institution or
603 other person in the possession of the commissioner as a secured claim, which, for purposes of
604 this section is a claim that constitutes an enforceable, perfected lien, evidenced in writing, on
605 the assets or other property of the institution:
606 (a) The commissioner shall allow or disallow each secured claim filed on or before the
607 filing date within 30 days after receipt of the claim and shall notify each secured claimant by
608 certified mail or in person of the basis for, and any conditions imposed on, the allowance or
609 disallowance.
610 (b) For all allowed secured claims, the commissioner shall be bound by the terms,
611 covenants, and conditions relating to the assets or other property subject to the claim, as set
612 forth in the note, bond, or other security agreement which evidences the secured claim, unless
613 the commissioner has given notice to the claimant of his intent to abandon the assets or other
614 property subject to the secured claim at the time the commissioner gave the notice described in
615 Subsection (3)(a).
616 (c) No petition for lifting the stay provided by Section 7-2-7 may be filed with respect
617 to a secured claim before the claim has been filed and allowed or disallowed by the
618 commissioner in accordance with Subsection (3)(a).
619 (4) With respect to all other claims other than secured claims:
620 (a) Each claim filed on or before the filing date shall be allowed or disallowed within
621 180 days after the final publication of notice.
622 (b) If notice of disallowance is not served upon the claimant by the commissioner
623 within 210 days after the date of final publication of notice, the claim is considered
624 disallowed.
625 (c) The rights of claimants and the amount of a claim shall be determined as of the
626 date the commissioner took possession of the institution under this chapter. Claims based on
627 contractual obligations of the institution in existence on the date of possession may be allowed
628 unless the obligation of the institution is dependent on events occurring after the date of
629 possession, or the amount or worth of the claim cannot be determined before any distribution
630 of assets of the institution is made to claimants having the same priority under Section 7-2-15 .
631 (d) (i) An unliquidated claim against the institution, including claims based on alleged
632 torts for which the institution would have been liable on the date the commissioner took
633 possession of the institution and any claims for a right to an equitable remedy for breach of
634 performance by the institution, may be filed in an estimated amount. The commissioner may
635 disallow or allow the claim in an amount determined by the commissioner, settle the claim in
636 an amount approved by the court, or, in his discretion, refer the claim to the court designated
637 by Section 7-2-2 for determination in accordance with procedures designated by the court. If
638 the institution held on the date of possession by the commissioner a policy of insurance that
639 would apply to the liability asserted by the claimant, the commissioner, or any receiver
640 appointed by him may assign to the claimant all rights of the institution under the insurance
641 policy in full satisfaction of the claim.
642 (ii) If the commissioner finds there are or may be issues of fact or law as to the validity
643 of a claim, liquidated or unliquidated, or its proper allowance or disallowance under the
644 provisions of this chapter, he may appoint a hearing examiner to conduct a hearing and to
645 prepare and submit recommended findings of fact and conclusions of law for final
646 consideration by the commissioner. The hearing shall be conducted as provided in rules or
647 regulations issued by the commissioner. The decision of the commissioner shall be based on
648 the record before the hearing examiner and information the commissioner considers relevant
649 and shall be subject to judicial review as provided in Subsection (9).
650 (e) A claim may be disallowed if it is based on actions or documents intended to
651 deceive the commissioner or any receiver or liquidator appointed by him.
652 (f) The commissioner may defer payment of any claim filed on behalf of a person who
653 was at any time in control of the institution within the meaning of Section 7-1-103 , pending
654 the final determination of all claims of the institution against that person.
655 (g) The commissioner or any receiver appointed by him may disallow a claim that
656 seeks a dollar amount if it is determined by the court having jurisdiction under Section 7-2-2
657 that the commissioner or receiver or conservator will not have any assets with which to pay the
658 claim under the priorities established by Section 7-2-15 .
659 (h) The commissioner may adopt rules to establish such alternative dispute resolution
660 processes as may be appropriate for the resolution of claims filed against an institution under
661 this chapter.
662 (i) In establishing alternative dispute resolution processes, the commissioner shall
663 strive for procedures that are expeditious, fair, independent, and low cost. The commissioner
664 shall seek to develop incentives for claimants to participate in the alternative dispute
665 resolution process.
666 (j) The commissioner may establish both binding and nonbinding processes, which
667 may be conducted by any government or private party, but all parties, including the claimant
668 and the commissioner or any receiver appointed by him, must agree to the use of the process
669 in a particular case.
670 (5) Claims filed after the filing date are disallowed, unless:
671 (a) the claimant who did not file his claim timely demonstrates that he did not have
672 notice or actual knowledge of the proceedings in time to file a timely proof of claim; and
673 (b) proof of the claim was filed prior to the last distribution of assets. For the purpose
674 of this subsection only, late filed claims may be allowed if proof was filed before the final
675 distribution of assets of the institution to claimants of the same priority and are payable only
676 out of the remaining assets of the institution.
677 (c) A late filed claim may be disallowed under any other provision of this section.
678 (6) Debts owing to the United States or to any state or its subdivisions as a penalty or
679 forfeiture are not allowed, except for the amount of the pecuniary loss sustained by the act,
680 transaction, or proceeding out of which the penalty or forfeiture arose.
681 (7) Except as otherwise provided in Subsection 7-2-15 (1)(a), interest accruing on any
682 claim after the commissioner has taken possession of an institution or other person under this
683 chapter may be disallowed.
684 (8) A claim against an institution or its assets based on a contract or agreement may be
685 disallowed unless the agreement: (a) is in writing; (b) is otherwise a valid and enforceable
686 contract; and (c) has continuously, from the time of its execution, been an official record of
687 the institution. The requirements of this Subsection (8) do not apply to claims for goods sold
688 or services rendered to an institution in the ordinary course of business by trade creditors who
689 do not customarily use written agreements or other documents.
690 (9) (a) Objection to any claim allowed or disallowed may be made by any depositor or
691 other claimant by filing a written objection with the commissioner within 30 days after service
692 of the notice of allowance or disallowance. The commissioner shall present the objection to
693 the court for hearing and determination upon written notice to the claimant and to the filing
694 party. The notice shall set forth the time and place of hearing. After the 30-day period, no
695 objection may be filed. This Subsection (9) does not apply to secured claims allowed under
696 Subsection (3).
697 (b) The hearing shall be based on the record before the commissioner and any
698 additional evidence the court allowed to provide the parties due process of law.
699 (c) The court may not reverse or otherwise modify the determination of the
700 commissioner with respect to the claim unless it finds the determination of the commissioner
701 to be arbitrary, capricious, or otherwise contrary to law. The burden of proof is on the party
702 objecting to the determination of the commissioner.
703 (d) An appeal from any final judgment of the court with respect to a claim may be
704 taken as provided by law by the claimant, the commissioner, or any person having standing to
705 object to the allowance or disallowance of the claim.
706 (10) If a claim against the institution has been asserted in any judicial, administrative,
707 or other proceeding pending at the time the commissioner took possession of the institution
708 under this chapter or under Chapter 19, Acquisition of Failing Depository Institutions or
709 Holding Companies, the claimant shall file copies of all documents of record in the pending
710 proceeding with the commissioner within the time for filing claims as provided in Subsection
711 (2). Such a claim shall be allowed or disallowed within 90 days of the receipt of the complete
712 record of the proceedings. No application to lift the stay of a pending proceeding shall be filed
713 until the claim has been allowed or disallowed. The commissioner may petition the court
714 designated by Section 7-2-2 to lift the stay to determine whether the claim should be allowed
715 or disallowed.
716 (11) All claims allowed by the commissioner and not disallowed or otherwise
717 modified by the court under Subsection (9), if not paid within 30 days after allowance, shall be
718 evidenced by a certificate payable only out of the assets of the institution in the possession of
719 the commissioner, subject to the priorities set forth in Section 7-2-15 . This provision does not
720 apply to a secured claim allowed by the commissioner under Subsection (3)(a).
721 Section 9. Section 7-7-10 is amended to read:
722 7-7-10. Meetings of mutual association members -- Voting -- Notice.
723 (1) (a) An annual meeting of the members of each mutual association shall be held at
724 the time and place fixed in the bylaws of the association.
725 (b) Special meetings may be called as provided in the bylaws.
726 (2) (a) The members entitled to vote at any meeting of the members shall be those who
727 are members of record at the end of the calendar month next preceding the date of the meeting
728 of members, except those who have ceased to be members.
729 (b) The number of votes that a member is entitled to cast shall be determined in
730 accordance with the books on the date determinative of entitlement to vote.
731 (3) In the determination of all questions requiring action by the members, each
732 member shall be entitled to cast:
733 (a) one vote; and
734 (b) any additional vote that the member may cast under the bylaws of the association.
735 (4) (a) (i) Subject to Subsection (4)(a)(ii), at any meeting of the members, voting may
736 be:
737 (A) in person; or
738 (B) by proxy.
739 (ii) Notwithstanding Subsection (4)(a)(i), a proxy is not eligible to be voted at any
740 meeting unless the proxy has been filed with the secretary of the association, for verification,
741 at least five days before the date of the meeting.
742 (b) Every proxy shall:
743 (i) be in writing;
744 (ii) be signed by the member or the member's duly authorized attorney in fact; and
745 (iii) continue in force from year to year:
746 (A) when filed with the secretary;
747 (B) if so specified in the proxy; and
748 (C) until:
749 (I) revoked by a writing duly delivered to the secretary; or
750 (II) superseded by subsequent proxies.
751 (5) (a) At an annual meeting or at any special meeting of the members, any number of
752 members present in person or by proxy eligible to be voted constitutes a quorum.
753 (b) A majority of all votes cast at any meeting of members shall determine any
754 question unless this chapter specifically provides otherwise.
755 (6) (a) No notice of annual meetings of members need be given to members.
756 (b) Subject to Subsection (6)(c), notice of each special meeting of members shall:
757 (i) state:
758 (A) the purpose for which the meeting is called;
759 (B) the place of the meeting; and
760 (C) the time when the meeting shall convene; and
761 (ii) (A) be published:
762 (I) once a week for two consecutive calendar weeks (in each instance, on any day of
763 the week) before the date on which the special meeting shall convene[
764 newspaper of general circulation in the county in which the home office of the association is
765 located; and
766 (II) as required in Section 45-1-101 for two calendar weeks before the date on which
767 the special meeting shall convene; and
768 (B) be posted in a conspicuous place in all offices of the association during the 30
769 days immediately preceding the date on which the special meeting convenes.
770 (c) No notice need be given of a meeting if all the members entitled to vote, vote in
771 favor of an action at the meeting of the members.
772 Section 10. Section 8-5-6 is amended to read:
773 8-5-6. Alternative council or board procedures for notice -- Termination of
774 rights.
775 (1) As an alternative to the procedures set forth in Sections 8-5-1 through 8-5-4 , a
776 municipal council or cemetery maintenance district board may pass a resolution demanding
777 that the owner of a lot, site, or portion of the cemetery, which has been unused for burial
778 purposes for more than 60 years, file with the county recorder, city recorder, or town clerk
779 notice of any claim to the lot, site, or portion of the cemetery.
780 (2) The municipal council or cemetery maintenance district board shall then cause a
781 copy of the resolution to be personally served on the owner in the same manner as personal
782 service of process in a civil action. The resolution shall notify the owner that the owner shall,
783 within 60 days after service of the resolution on the owner, express interest in maintaining the
784 cemetery lot, site, or portion of the cemetery and submit satisfactory evidence of an intention
785 to use the lot, site, or portion of the cemetery for a burial.
786 (3) If the owner cannot be personally served with the resolution of the municipal
787 council or cemetery maintenance district board as required in Subsection (2), the municipal
788 council or cemetery maintenance district board shall publish its resolution:
789 (a) (i) for three successive weeks in a newspaper of general circulation within the
790 county; and
791 (ii) in accordance with Section 45-1-101 for three weeks; and
792 (b) mail a copy of the resolution within 14 days after the publication to the owner's
793 last known address, if available.
794 (4) If, for 30 days after the last date of service or publication of the municipal council's
795 or cemetery maintenance district board's resolution, the owner or person with a legal interest in
796 the cemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of
797 the cemetery for burial purposes, the owner's rights are terminated and that portion of the
798 cemetery shall be vested in the municipality or cemetery maintenance district.
799 Section 11. Section 9-3-409 is amended to read:
800 9-3-409. Actions on validity or enforceability of bonds -- Time for bringing
801 action.
802 (1) In any suit, action, or proceeding involving the validity or enforceability of any
803 bond issued under this chapter or the security for them, any such bond reciting in substance
804 that it has been issued by the authority in connection with the Utah Science Center shall be
805 conclusively [
806 (2) (a) After receiving notice described in Subsection (2)(a)(ii), a person may contest:
807 (i) (A) the legality of a resolution;
808 (B) notice of bonds to be issued; or
809 (C) a provision made for the security and payment of the bonds; and
810 [
811 the bonds, or a notice of bonds to be issued by the authority containing those items described
812 in Section 11-14-316 :
813 (A) in a newspaper having general circulation in the area of operation[
814
815
816 (B) as required in Section 45-1-101 .
817 (b) After the 30-day period no one has any cause of action to contest the regularity,
818 formality, or legality of the notice of bonds to be issued or the bonds for any cause whatsoever.
819 Section 12. Section 9-8-805 is amended to read:
820 9-8-805. Collecting institutions -- Perfecting title -- Notice.
821 (1) (a) Any collecting institution wishing to perfect title in any reposited materials held
822 by it shall send, by registered mail, a notice containing the information required by this section
823 to the last-known address of the last-known owner of the property.
824 (b) The collecting institution shall publish a notice containing the information
825 required by this section [
826
827 (i) if:
828 [
829 [
830 forwarding address; or
831 [
832 notice was mailed[
833 (ii) (A) by publication at least once per week for two consecutive weeks in a
834 newspaper of general circulation in the county where the collection institution is located; and
835 (B) by publication in accordance with Section 45-1-101 for two weeks.
836 (2) The notices required by this section shall include:
837 (a) the name, if known, and the last-known address, if any, of the last-known owner of
838 the reposited materials;
839 (b) a description of the reposited materials;
840 (c) the name of the collecting institution that has possession of the reposited materials
841 and a person within that institution whom the owner may contact; and
842 (d) a statement that if the reposited materials are not claimed within 90 days from the
843 date that the notice is published [
844 Subsection (1)(b), the reposited materials are considered to be abandoned and become the
845 property of the collecting institution.
846 (3) If no one has claimed the reposited materials within 90 days after the date that the
847 notice is published [
848 (1)(b), the reposited materials are considered to be abandoned and are the property of the
849 collecting institution.
850 Section 13. Section 10-2-108 is amended to read:
851 10-2-108. Public hearings on feasibility study results -- Notice of hearings.
852 (1) If the results of the feasibility study or supplemental feasibility study meet the
853 requirements of Subsection 10-2-109 (3), the county legislative body shall, at its next regular
854 meeting after receipt of the results of the feasibility study or supplemental feasibility study,
855 schedule at least two public hearings to be held:
856 (a) within the following 60 days;
857 (b) at least seven days apart;
858 (c) in geographically diverse locations within the proposed city; and
859 (d) for the purpose of allowing:
860 (i) the feasibility consultant to present the results of the study; and
861 (ii) the public to become informed about the feasibility study results and to ask
862 questions about those results of the feasibility consultant.
863 (2) (a) (i) The county clerk shall publish notice of the public hearings required under
864 Subsection (1):
865 (A) at least once a week for three successive weeks in a newspaper of general
866 circulation within the proposed city[
867 (B) in accordance with Section 45-1-101 for three weeks.
868 (ii) The last publication of notice required under Subsection (2)(a)(i)(A) shall be at
869 least three days before the first public hearing required under Subsection (1).
870 (b) (i) If, under Subsection (2)(a)(i)(A), there is no newspaper of general circulation
871 within the proposed city, the county clerk shall post at least one notice of the hearings per
872 1,000 population in conspicuous places within the proposed city that are most likely to give
873 notice of the hearings to the residents of the proposed city.
874 (ii) The clerk shall post the notices under Subsection (2)(b)(i) at least seven days
875 before the first hearing under Subsection (1).
876 (c) The notice under Subsections (2)(a) and (b) shall include the feasibility study
877 summary under Subsection 10-2-106 (3)(b) and shall indicate that a full copy of the study is
878 available for inspection and copying at the office of the county clerk.
879 Section 14. Section 10-2-111 is amended to read:
880 10-2-111. Incorporation election.
881 (1) At the next special election date under Section 20A-1-204 more than 45 days after
882 the county legislative body's receipt of the certified petition or certified modified petition
883 under Subsection 10-2-110 (1)(b)(i), the county legislative body shall hold an election on the
884 proposed incorporation.
885 (2) (a) The county clerk shall publish notice of the election:
886 (i) in a newspaper of general circulation within the area proposed to be incorporated at
887 least once a week for three successive weeks[
888 (ii) in accordance with Section 45-1-101 for three weeks.
889 (b) The notice required by Subsection (2)(a) shall contain:
890 (i) a statement of the contents of the petition;
891 (ii) a description of the area proposed to be incorporated as a city;
892 (iii) a statement of the date and time of the election and the location of polling places;
893 and
894 (iv) the feasibility study summary under Subsection 10-2-106 (3)(b) and a statement
895 that a full copy of the study is available for inspection and copying at the office of the county
896 clerk.
897 (c) The last publication of notice required under Subsection (2)(a) shall occur at least
898 one day but no more than seven days before the election.
899 (d) (i) [
900 circulation within the proposed city, the county clerk shall post at least one notice of the
901 election per 1,000 population in conspicuous places within the proposed city that are most
902 likely to give notice of the election to the voters of the proposed city.
903 (ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days
904 before the election under Subsection (1).
905 Section 15. Section 10-2-114 is amended to read:
906 10-2-114. Determination of number of council members -- Determination of
907 election districts -- Hearings and notice.
908 (1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of
909 the canvass of the election under Section 10-2-111 :
910 (a) if the voters at the incorporation election choose the council-mayor form of
911 government, determine the number of council members that will constitute the council of the
912 future city;
913 (b) if the voters at the incorporation election vote to elect council members by district,
914 determine the number of council members to be elected by district and draw the boundaries of
915 those districts, which shall be substantially equal in population;
916 (c) determine the initial terms of the mayor and members of the city council so that:
917 (i) the mayor and approximately half the members of the city council are elected to
918 serve an initial term, of no less than one year, that allows their successors to serve a full
919 four-year term that coincides with the schedule established in Subsection 10-3-205 (1); and
920 (ii) the remaining members of the city council are elected to serve an initial term, of no
921 less than one year, that allows their successors to serve a full four-year term that coincides
922 with the schedule established in Subsection 10-3-205 (2); and
923 (d) submit in writing to the county legislative body the results of the sponsors'
924 determinations under Subsections (1)(a), (b), and (c).
925 (2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
926 sponsors shall hold a public hearing within the future city on the applicable issues under
927 Subsections (1)(a), (b), and (c).
928 (b) (i) The petition sponsors shall publish notice of the public hearing under
929 Subsection (2)(a):
930 (A) in a newspaper of general circulation within the future city at least once a week for
931 two successive weeks before the hearing[
932 (B) in accordance with Section 45-1-101 for two weeks before the hearing.
933 (ii) The last publication of notice under Subsection (2)(b)(i)(A) shall be at least three
934 days before the public hearing under Subsection (2)(a).
935 (c) (i) [
936 general circulation within the future city, the petition sponsors shall post at least one notice of
937 the hearing per 1,000 population in conspicuous places within the future city that are most
938 likely to give notice of the hearing to the residents of the future city.
939 (ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least
940 seven days before the hearing under Subsection (2)(a).
941 Section 16. Section 10-2-115 is amended to read:
942 10-2-115. Notice of number of commission or council members to be elected and
943 of district boundaries -- Declaration of candidacy for city office.
944 (1) (a) Within 20 days of the county legislative body's receipt of the information under
945 Subsection 10-2-114 (1)(d), the county clerk shall publish [
946
947 (i) the number of commission or council members to be elected for the new city;
948 (ii) if some or all of the commission or council members are to be elected by district, a
949 description of the boundaries of those districts as designated by the petition sponsors under
950 Subsection 10-2-114 (1)(b);
951 (iii) information about the deadline for filing a declaration of candidacy for those
952 seeking to become candidates for mayor or city commission or council; and
953 (iv) information about the length of the initial term of each of the city officers, as
954 determined by the petition sponsors under Subsection 10-2-114 (1)(c).
955 (b) The notice under Subsection (1)(a) shall be published:
956 (i) in a newspaper of general circulation within the future city at least once a week for
957 two successive weeks[
958 (ii) in accordance with Section 45-1-101 for two weeks.
959 (c) (i) [
960 circulation within the future city, the county clerk shall post at least one notice per 1,000
961 population in conspicuous places within the future city that are most likely to give notice to
962 the residents of the future city.
963 (ii) The notice under Subsection (1)(c)(i) shall contain the information required under
964 Subsection (1)(a).
965 (iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least
966 seven days before the deadline for filing a declaration of candidacy under Subsection (2).
967 (2) Notwithstanding Subsection 20A-9-203 (2)(a), each person seeking to become a
968 candidate for mayor or city commission or council of a city incorporating under this part shall,
969 within 45 days of the incorporation election under Section 10-2-111 , file a declaration of
970 candidacy with the clerk of the county in which the future city is located.
971 Section 17. Section 10-2-116 is amended to read:
972 10-2-116. Election of officers of new city.
973 (1) For the election of city officers, the county legislative body shall:
974 (a) unless a primary election is prohibited by Subsection 20A-9-404 (2), hold a primary
975 election; and
976 (b) hold a final election.
977 (2) Each election under Subsection (1) shall be:
978 (a) appropriate to the form of government chosen by the voters at the incorporation
979 election;
980 (b) consistent with the voters' decision about whether to elect commission or council
981 members by district and, if applicable, consistent with the boundaries of those districts as
982 determined by the petition sponsors; and
983 (c) consistent with the sponsors' determination of the number of commission or
984 council members to be elected and the length of their initial term.
985 (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), the
986 primary election under Subsection (1)(a) shall be held at the earliest of the next:
987 (i) regular general election under Section 20A-1-201 ;
988 (ii) municipal primary election under Section 20A-9-404 ;
989 (iii) municipal general election under Section 20A-1-202 ; or
990 (iv) special election under Section 20A-1-204 .
991 (b) Notwithstanding Subsection (3)(a), the primary election under Subsection (1)(a)
992 may not be held until 75 days after the incorporation election under Section 10-2-111 .
993 (4) Except as provided in Subsection (5), the final election under Subsection (1)(b)
994 shall be held at the next special election date under Section 20A-1-204 :
995 (a) after the primary election; or
996 (b) if there is no primary election, more than 75 days after the incorporation election
997 under Section 10-2-111 .
998 (5) Notwithstanding Subsections (3) and (4), the county legislative body may hold the
999 primary and final elections required under Subsection (1) on the dates provided for the next
1000 municipal primary election under Section 20A-9-404 and the next municipal general election
1001 under Section 20A-1-202 , respectively, after the incorporation election, if:
1002 (a) with the results under Subsection 10-2-114 (1)(d), the petition sponsors submit to
1003 the county legislative body a written request to that effect; and
1004 (b) the incorporation election under Section 10-2-111 took place in February or May
1005 of an odd-numbered year.
1006 (6) (a) (i) The county clerk shall publish notice of an election under this section:
1007 (A) at least once a week for two successive weeks in a newspaper of general
1008 circulation within the future city[
1009 (B) in accordance with Section 45-1-101 for two weeks.
1010 (ii) The later notice under Subsection (6)(a)(i) shall be at least one day but no more
1011 than seven days before the election.
1012 (b) (i) [
1013 general circulation within the future city, the county clerk shall post at least one notice of the
1014 election per 1,000 population in conspicuous places within the future city that are most likely
1015 to give notice of the election to the voters.
1016 (ii) The county clerk shall post the notices under Subsection (6)(b)(i) at least seven
1017 days before each election under Subsection (1).
1018 (7) Until the city is incorporated, the county clerk is the election officer for all
1019 purposes in an election of officers of the city approved at an incorporation election.
1020 Section 18. Section 10-2-125 is amended to read:
1021 10-2-125. Incorporation of a town.
1022 (1) As used in this section:
1023 (a) "Assessed value," with respect to agricultural land, means the value at which the
1024 land would be assessed without regard to a valuation for agricultural use under Section
1025 59-2-503 .
1026 (b) "Financial feasibility study" means a study to determine:
1027 (i) the projected revenues for the proposed town during the first three years after
1028 incorporation; and
1029 (ii) the projected costs, including overhead, that the proposed town will incur in
1030 providing governmental services during the first three years after incorporation.
1031 (c) "Municipal service" means a publicly provided service that is not provided on a
1032 countywide basis.
1033 (d) "Nonurban" means having a residential density of less than one unit per acre.
1034 (2) (a) (i) A contiguous area of a county not within a municipality, with a population
1035 of at least 100 but less than 1,000, may incorporate as a town as provided in this section.
1036 (ii) An area within a county of the first class is not contiguous for purposes of
1037 Subsection (2)(a)(i) if:
1038 (A) the area includes a strip of land that connects geographically separate areas; and
1039 (B) the distance between the geographically separate areas is greater than the average
1040 width of the strip of land connecting the geographically separate areas.
1041 (b) The population figure under Subsection (2)(a) shall be determined:
1042 (i) as of the date the incorporation petition is filed; and
1043 (ii) by the Utah Population Estimates Committee within 20 days after the county
1044 clerk's certification under Subsection (6) of a petition filed under Subsection (4).
1045 (3) (a) The process to incorporate an area as a town is initiated by filing a request for a
1046 public hearing with the clerk of the county in which the area is located.
1047 (b) Each request for a public hearing under Subsection (3)(a) shall:
1048 (i) be signed by the owners of at least five separate parcels of private real property,
1049 each owned by a different owner, located within the area proposed to be incorporated; and
1050 (ii) be accompanied by an accurate map or plat depicting the boundary of the
1051 proposed town.
1052 (c) Within ten days after a request for a public hearing is filed under Subsection (3)(a),
1053 the county clerk shall, with the assistance of other county officers from whom the clerk
1054 requests assistance, determine whether the petition complies with the requirements of
1055 Subsection (3)(b).
1056 (d) If the clerk determines that a request under Subsection (3)(a) fails to comply with
1057 the requirements of Subsection (3)(b), the clerk shall reject the request and deliver written
1058 notice of the rejection to the signers of the request.
1059 (e) (i) If the clerk determines that a request under Subsection (3)(a) complies with the
1060 requirements of Subsection (3)(b), the clerk shall:
1061 (A) schedule and arrange for a public hearing to be held:
1062 (I) (Aa) at a public facility located within the boundary of the proposed town; or
1063 (Bb) if there is no public facility within the boundary of the proposed town, at another
1064 nearby public facility or at the county seat; and
1065 (II) within 20 days after the clerk provides the last notice required under Subsection
1066 (3)(e)(i)(B); and
1067 (B) subject to Subsection (3)(e)(ii), give notice of the public hearing on the proposed
1068 incorporation by:
1069 (I) posting notice of the public hearing on the county's Internet website, if the county
1070 has an Internet website; and
1071 (II) (Aa) (Ii) publishing notice of the public hearing at least once a week for two
1072 consecutive weeks in a newspaper of general circulation within the proposed town; [
1073 (IIii) publishing notice of the public hearing in accordance with Section 45-1-101 for
1074 two weeks; or
1075 (Bb) in accordance with Subsection (3)(e)(i)(B)(II)(Aa)(Ii), if there is no newspaper of
1076 general circulation within the proposed town, posting notice of the public hearing in at least
1077 five conspicuous public places within the proposed town.
1078 (ii) The posting of notice required under Subsection (3)(e)(i)(B)(I) and, if applicable,
1079 Subsection (3)(e)(i)(B)(II)(Bb) and the first publishing of notice required under Subsection
1080 (3)(e)(i)(B)(II)(Aa), if applicable, shall occur no later than ten days after the clerk determines
1081 that a request complies with the requirements of Subsection (3)(b).
1082 (iii) Each public hearing under Subsection (3)(e)(i)(A) shall be conducted by the chair
1083 of the county commission or council, or the chair's designee, to:
1084 (A) introduce the concept of the proposed incorporation to the public;
1085 (B) allow the public to review the map or plat of the boundary of the proposed town;
1086 (C) allow the public to ask questions and become informed about the proposed
1087 incorporation; and
1088 (D) allow the public to express their views about the proposed incorporation,
1089 including their views about the boundary of the area proposed to be incorporated.
1090 (4) (a) At any time within three months after the public hearing under Subsection
1091 (3)(e), a petition to incorporate the area as a town may be filed with the clerk of the county in
1092 which the area is located.
1093 (b) Each petition under Subsection (4)(a) shall:
1094 (i) be signed by:
1095 (A) the owners of private real property that:
1096 (I) is located within the area proposed to be incorporated;
1097 (II) covers a majority of the total private land area within the area;
1098 (III) is equal in assessed value to more than 1/2 of the assessed value of all private real
1099 property within the area; and
1100 (IV) consists, in number of parcels, of at least 1/3 of the number of all parcels of
1101 private real property within the area proposed to be incorporated; and
1102 (B) a majority of all registered voters within the area proposed to be incorporated as a
1103 town, according to the official voter registration list maintained by the county on the date the
1104 petition is filed;
1105 (ii) designate as sponsors at least five of the property owners who have signed the
1106 petition, one of whom shall be designated as the contact sponsor, with the mailing address of
1107 each owner signing as a sponsor;
1108 (iii) be accompanied by and circulated with an accurate map or plat, prepared by a
1109 licensed surveyor, showing a legal description of the boundary of the proposed town; and
1110 (iv) substantially comply with and be circulated in the following form:
1111 PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
1112 town)
1113 To the Honorable County Legislative Body of (insert the name of the county in which
1114 the proposed town is located) County, Utah:
1115 We, the undersigned owners of real property and registered voters within the area
1116 described in this petition, respectfully petition the county legislative body for the area
1117 described in this petition to be incorporated as a town. Each of the undersigned affirms that
1118 each has personally signed this petition and is an owner of real property or a registered voter
1119 residing within the described area, and that the current residence address of each is correctly
1120 written after the signer's name. The area proposed to be incorporated as a town is described as
1121 follows: (insert an accurate description of the area proposed to be incorporated).
1122 (c) A petition under this Subsection (4) may not describe an area that includes some or
1123 all of an area proposed for annexation in an annexation petition under Section 10-2-403 that:
1124 (i) was filed before the filing of the petition; and
1125 (ii) is still pending on the date the petition is filed.
1126 (d) A petition may not be filed under this section if the private real property owned by
1127 the petition sponsors, designated under Subsection (4)(b)(ii), cumulatively exceeds 40% of the
1128 total private land area within the area proposed to be incorporated as a town.
1129 (e) A signer of a petition under this Subsection (4) may withdraw or, after withdrawn,
1130 reinstate the signer's signature on the petition:
1131 (i) at any time until the county clerk certifies the petition under Subsection (6); and
1132 (ii) by filing a signed, written withdrawal or reinstatement with the county clerk.
1133 (5) (a) If a petition is filed under Subsection (4)(a) proposing to incorporate as a town
1134 an area located within a county of the first class, the county clerk shall deliver written notice of
1135 the proposed incorporation:
1136 (i) to each owner of private real property owning more than 1% of the assessed value
1137 of all private real property within the area proposed to be incorporated as a town; and
1138 (ii) within seven calendar days after the date on which the petition is filed.
1139 (b) A private real property owner described in Subsection (5)(a)(i) may exclude all or
1140 part of the owner's property from the area proposed to be incorporated as a town by filing a
1141 notice of exclusion:
1142 (i) with the county clerk; and
1143 (ii) within ten calendar days after receiving the clerk's notice under Subsection (5)(a).
1144 (c) The county legislative body shall exclude from the area proposed to be
1145 incorporated as a town the property identified in the notice of exclusion under Subsection
1146 (5)(b) if:
1147 (i) the property:
1148 (A) is nonurban; and
1149 (B) does not and will not require a municipal service; and
1150 (ii) exclusion will not leave an unincorporated island within the proposed town.
1151 (d) If the county legislative body excludes property from the area proposed to be
1152 incorporated as a town, the county legislative body shall send written notice of the exclusion to
1153 the contact sponsor within five days after the exclusion.
1154 (6) Within 20 days after the filing of a petition under Subsection (4), the county clerk
1155 shall:
1156 (a) with the assistance of other county officers from whom the clerk requests
1157 assistance, determine whether the petition complies with the requirements of Subsection (4);
1158 and
1159 (b) (i) if the clerk determines that the petition complies with those requirements:
1160 (A) certify the petition and deliver the certified petition to the county legislative body;
1161 and
1162 (B) mail or deliver written notification of the certification to:
1163 (I) the contact sponsor;
1164 (II) if applicable, the chair of the planning commission of each township in which any
1165 part of the area proposed for incorporation is located; and
1166 (III) the Utah Population Estimates Committee; or
1167 (ii) if the clerk determines that the petition fails to comply with any of those
1168 requirements, reject the petition and notify the contact sponsor in writing of the rejection and
1169 the reasons for the rejection.
1170 (7) (a) (i) A petition that is rejected under Subsection (6)(b)(ii) may be amended to
1171 correct a deficiency for which it was rejected and then refiled with the county clerk.
1172 (ii) A valid signature on a petition filed under Subsection (4)(a) may be used toward
1173 fulfilling the signature requirement of Subsection (4)(b) for the same petition that is amended
1174 under Subsection (7)(a)(i) and then refiled with the county clerk.
1175 (b) If a petition is amended and refiled under Subsection (7)(a)(i) after having been
1176 rejected by the county clerk under Subsection (6)(b)(ii):
1177 (i) the amended petition shall be considered as a newly filed petition; and
1178 (ii) the amended petition's processing priority is determined by the date on which it is
1179 refiled.
1180 (8) (a) (i) The legislative body of a county with which a petition is filed under
1181 Subsection (4) may, at its option and upon the petition being certified under Subsection (6),
1182 commission and pay for a financial feasibility study.
1183 (ii) If the county legislative body chooses to commission a financial feasibility study,
1184 the county legislative body shall:
1185 (A) within 20 days after the incorporation petition is certified, select and engage a
1186 feasibility consultant; and
1187 (B) require the feasibility consultant to complete the financial feasibility study and
1188 submit written results of the study to the county legislative body no later than 30 days after the
1189 feasibility consultant is engaged to conduct the financial feasibility study.
1190 (b) The county legislative body shall approve a petition proposing the incorporation of
1191 a town and hold an election for town officers, as provided in Subsection (9), if:
1192 (i) the county clerk has certified the petition under Subsection (6); and
1193 (ii) (A) (I) the county legislative body has commissioned a financial feasibility study
1194 under Subsection (8)(a); and
1195 (II) the results of the financial feasibility study show that the average annual amount of
1196 revenues described in Subsection (1)(b)(i) does not exceed the average annual amount of costs
1197 described in Subsection (1)(b)(ii) by more than 10%; or
1198 (B) the county legislative body chooses not to commission a financial feasibility study.
1199 (c) (i) If the county legislative body commissions a financial feasibility study under
1200 Subsection (8)(a) and the results of the financial feasibility study show that the average annual
1201 amount of revenues described in Subsection (1)(b)(i) exceeds the average annual amount of
1202 costs described in Subsection (1)(b)(ii) by more than 10%, the county legislative body may:
1203 (A) deny the petition, subject to Subsection (8)(c)(ii), if the results of the financial
1204 feasibility study show that the average annual amount of revenues described in Subsection
1205 (1)(b)(i) exceeds the average annual amount of costs described in Subsection (1)(b)(ii) by 25%
1206 or more;
1207 (B) approve the petition and hold an election for town officers, as provided in
1208 Subsection (9); or
1209 (C) (I) with the consent of the petition sponsors:
1210 (Aa) impose conditions to mitigate the fiscal inequities identified in the financial
1211 feasibility study; or
1212 (Bb) alter the boundaries of the area proposed to be incorporated as a town to
1213 approximate the boundaries necessary to prevent the average annual amount of revenues
1214 described in Subsection (1)(b)(i) from exceeding the average annual amount of costs described
1215 in Subsection (1)(b)(ii); and
1216 (II) approve the incorporation petition and hold an election for town officers, as
1217 provided in Subsection (9).
1218 (ii) A county legislative body intending to deny a petition under Subsection
1219 (8)(c)(i)(A) shall deny the petition within 20 days after the feasibility consultant submits the
1220 written results of the financial feasibility study.
1221 (d) Each town that incorporates pursuant to a petition approved after the county
1222 legislative body imposes conditions under Subsection (8)(c)(i)(C)(I) shall comply with those
1223 conditions.
1224 (9) (a) The legislative body of the county in which the proposed new town is located
1225 shall hold the election for town officers provided for in Subsection (8) within:
1226 (i) 45 days after the petition is certified, for an election under Subsection (8)(b)(ii)(B);
1227 (ii) 45 days after the feasibility consultant submits the written results of the financial
1228 feasibility study, for an election under Subsection (8)(b)(ii)(A) or (8)(c)(i)(B); or
1229 (iii) 60 days after the feasibility consultant submits the written results of the financial
1230 feasibility study, for an election under Subsection (8)(c)(i)(C).
1231 (b) The officers elected at an election under Subsection (9)(a) shall take office:
1232 (i) at noon on the first Monday in January next following the election, if the election is
1233 held on a regular general or municipal general election date; or
1234 (ii) at noon on the first day of the month next following the effective date of the
1235 incorporation under Subsection (12), if the election of officers is held on any other date.
1236 (10) Each newly incorporated town shall operate under the five-member council form
1237 of government as defined in Section 10-3b-102 .
1238 (11) (a) Within seven days after the canvass of the election of town officers under
1239 Subsection (9), the mayor-elect of the new town shall file at least three copies of the articles of
1240 incorporation of the new town with the lieutenant governor.
1241 (b) The articles of incorporation shall meet the requirements of Subsection
1242 10-2-119 (2).
1243 (12) A new town is incorporated:
1244 (a) on December 31 of the year in which the lieutenant governor issues a certificate of
1245 entity creation for the town under Section 67-1a-6.5 , if the election of town officers under
1246 Subsection (9) is held on a regular general or municipal general election date; or
1247 (b) on the last day of the month during which the lieutenant governor issues a
1248 certificate of entity creation for the town under Section 67-1a-6.5 , if the election of town
1249 officers under Subsection (9) is held on any other date.
1250 (13) For each petition filed before March 5, 2008:
1251 (a) the petition is subject to and governed by the law in effect at the time the petition
1252 was filed; and
1253 (b) the law in effect at the time the petition was filed governs in all administrative and
1254 judicial proceedings relating to the petition.
1255 Section 19. Section 10-2-406 is amended to read:
1256 10-2-406. Notice of certification -- Publishing and providing notice of petition.
1257 (1) After receipt of the notice of certification from the city recorder or town clerk
1258 under Subsection 10-2-405 (2)(c)(i), the municipal legislative body shall:
1259 (a) (i) publish a notice:
1260 (A) at least once a week for three successive weeks, beginning no later than ten days
1261 after receipt of the notice of certification, in a newspaper of general circulation within:
1262 [
1263 [
1264 [
1265 (B) in accordance with Section 45-1-101 , for three weeks, beginning no later than ten
1266 days after receipt of the notice of certification; and
1267 (ii) in accordance with Subsection (1)(a)(i)(A), if there is no newspaper of general
1268 circulation within those areas, post written notices in conspicuous places within those areas
1269 that are most likely to give notice to residents within those areas; and
1270 (b) within 20 days of receipt of the notice of certification under Subsection
1271 10-2-405 (2)(c)(i), mail written notice to each affected entity.
1272 (2) (a) The notice under Subsections (1)(a) and (b) shall:
1273 (i) state that a petition has been filed with the municipality proposing the annexation
1274 of an area to the municipality;
1275 (ii) state the date of the municipal legislative body's receipt of the notice of
1276 certification under Subsection 10-2-405 (2)(c)(i);
1277 (iii) describe the area proposed for annexation in the annexation petition;
1278 (iv) state that the complete annexation petition is available for inspection and copying
1279 at the office of the city recorder or town clerk;
1280 (v) state in conspicuous and plain terms that the municipality may grant the petition
1281 and annex the area described in the petition unless, within the time required under Subsection
1282 10-2-407 (2)(a)(i)(A), a written protest to the annexation petition is filed with the commission
1283 and a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
1284 municipality;
1285 (vi) state the address of the commission or, if a commission has not yet been created in
1286 the county, the county clerk, where a protest to the annexation petition may be filed;
1287 (vii) state that the area proposed for annexation to the municipality will also
1288 automatically be annexed to a local district providing fire protection, paramedic, and
1289 emergency services, as provided in Section 17B-1-416 , if:
1290 (A) the proposed annexing municipality is entirely within the boundaries of a local
1291 district:
1292 (I) that provides fire protection, paramedic, and emergency services; and
1293 (II) in the creation of which an election was not required because of Subsection
1294 17B-1-214 (3)(c); and
1295 (B) the area proposed to be annexed to the municipality is not already within the
1296 boundaries of the local district; and
1297 (viii) state that the area proposed for annexation to the municipality will be
1298 automatically withdrawn from a local district providing fire protection, paramedic, and
1299 emergency services, as provided in Subsection 17B-1-502 (2), if:
1300 (A) the petition proposes the annexation of an area that is within the boundaries of a
1301 local district:
1302 (I) that provides fire protection, paramedic, and emergency services; and
1303 (II) in the creation of which an election was not required because of Subsection
1304 17B-1-214 (3)(c); and
1305 (B) the proposed annexing municipality is not within the boundaries of the local
1306 district.
1307 (b) The statement required by Subsection (2)(a)(v) shall state the deadline for filing a
1308 written protest in terms of the actual date rather than by reference to the statutory citation.
1309 (c) In addition to the requirements under Subsection (2)(a), a notice under Subsection
1310 (1)(a) for a proposed annexation of an area within a county of the first class shall include a
1311 statement that a protest to the annexation petition may be filed with the commission by
1312 property owners if it contains the signatures of the owners of private real property that:
1313 (i) is located in the unincorporated area within 1/2 mile of the area proposed for
1314 annexation;
1315 (ii) covers at least 25% of the private land area located in the unincorporated area
1316 within 1/2 mile of the area proposed for annexation; and
1317 (iii) is equal in value to at least 15% of all real property located in the unincorporated
1318 area within 1/2 mile of the area proposed for annexation.
1319 Section 20. Section 10-2-407 is amended to read:
1320 10-2-407. Protest to annexation petition -- Township planning commission
1321 recommendation -- Petition requirements -- Disposition of petition if no protest filed.
1322 (1) (a) A protest to an annexation petition under Section 10-2-403 may be filed by:
1323 (i) the legislative body or governing board of an affected entity; or
1324 (ii) for a proposed annexation of an area within a county of the first class, the owners
1325 of private real property that:
1326 (A) is located in the unincorporated area within 1/2 mile of the area proposed for
1327 annexation;
1328 (B) covers at least 25% of the private land area located in the unincorporated area
1329 within 1/2 mile of the area proposed for annexation; and
1330 (C) is equal in value to at least 15% of all real property located in the unincorporated
1331 area within 1/2 mile of the area proposed for annexation.
1332 (b) (i) A planning commission of a township located in a county of the first class may
1333 recommend to the legislative body of the county in which the township is located that the
1334 county legislative body file a protest against a proposed annexation under this part of an area
1335 located within the township.
1336 (ii) (A) The township planning commission shall communicate each recommendation
1337 under Subsection (1)(b)(i) in writing to the county legislative body within 30 days of the city
1338 recorder or town clerk's certification of the annexation petition under Subsection 10-2-405 (2)
1339 (c)(i).
1340 (B) At the time the recommendation is communicated to the county legislative body
1341 under Subsection (1)(b)(ii)(A), the township planning commission shall mail or deliver a copy
1342 of the recommendation to the legislative body of the proposed annexing municipality and to
1343 the contact sponsor.
1344 (2) (a) Each protest under Subsection (1)(a) shall:
1345 (i) be filed:
1346 (A) no later than 30 days after the municipal legislative body's receipt of the notice of
1347 certification under Subsection 10-2-405 (2)(c)(i); and
1348 (B) (I) in a county that has already created a commission under Section 10-2-409 , with
1349 the commission; or
1350 (II) in a county that has not yet created a commission under Section 10-2-409 , with the
1351 clerk of the county in which the area proposed for annexation is located; and
1352 (ii) state each reason for the protest of the annexation petition and, if the area proposed
1353 to be annexed is located in a specified county, justification for the protest under the standards
1354 established in this chapter;
1355 (iii) if the area proposed to be annexed is located in a specified county, contain other
1356 information that the commission by rule requires or that the party filing the protest considers
1357 pertinent; and
1358 (iv) the name and address of a contact person who is to receive notices sent by the
1359 commission with respect to the protest proceedings.
1360 (b) The party filing a protest under this section shall on the same date deliver or mail a
1361 copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
1362 (c) Each clerk who receives a protest under Subsection (2)(a)(i)(B)(II) shall
1363 immediately notify the county legislative body of the protest and shall deliver the protest to the
1364 boundary commission within five days of its creation under Subsection 10-2-409 (1)(b).
1365 (d) Each protest of a proposed annexation of an area located in a county of the first
1366 class under Subsection (1)(a)(ii) shall, in addition to the requirements of Subsections (2)(a)
1367 and (b):
1368 (i) indicate the typed or printed name and current residence address of each owner
1369 signing the protest; and
1370 (ii) designate one of the signers of the protest as the contact person and state the
1371 mailing address of the contact person.
1372 (3) (a) (i) If a protest is filed under this section:
1373 (A) the municipal legislative body may, at its next regular meeting after expiration of
1374 the deadline under Subsection (2)(a)(i)(A) and, for a proposed annexation of an area located in
1375 a county of the first class, except as provided in Subsection (3)(a)(iii), deny the annexation
1376 petition; or
1377 (B) if the municipal legislative body does not deny the annexation petition under
1378 Subsection (3)(a)(i)(A), the municipal legislative body may take no further action on the
1379 annexation petition until after receipt of the commission's notice of its decision on the protest
1380 under Section 10-2-416 .
1381 (ii) If a municipal legislative body denies an annexation petition under Subsection
1382 (3)(a)(i)(A), the municipal legislative body shall, within five days of the denial, send notice of
1383 the denial in writing to:
1384 (A) the contact sponsor of the annexation petition;
1385 (B) the commission;
1386 (C) each entity that filed a protest; and
1387 (D) if a protest was filed under Subsection (1)(a)(ii) for a proposed annexation of an
1388 area located in a county of the first class, the contact person.
1389 (iii) A municipal legislative body may not deny an annexation petition proposing to
1390 annex an area located in a county of the first class if:
1391 (A) the petition contains the signatures of the owners of private real property that:
1392 (I) is located within the area proposed for annexation;
1393 (II) covers a majority of the private land area within the area proposed for annexation;
1394 and
1395 (III) is equal in value to at least 1/2 of the value of all private real property within the
1396 area proposed for annexation;
1397 (B) the population in the area proposed for annexation does not exceed 10% of the
1398 population of the proposed annexing municipality;
1399 (C) the property tax rate for municipal services in the area proposed to be annexed is
1400 higher than the property tax rate of the proposed annexing municipality; and
1401 (D) all annexations by the proposed annexing municipality during the year that the
1402 petition was filed have not increased the municipality's population by more than 20%.
1403 (b) (i) If no timely protest is filed under this section, the municipal legislative body
1404 may, subject to Subsection (3)(b)(ii), grant the petition and, by ordinance, annex the area that
1405 is the subject of the annexation petition.
1406 (ii) Before granting an annexation petition under Subsection (3)(b)(i), the municipal
1407 legislative body shall:
1408 (A) hold a public hearing; and
1409 (B) at least seven days before the public hearing under Subsection (3)(b)(ii)(A):
1410 (I) (Aa) publish notice of the hearing in a newspaper of general circulation within the
1411 municipality and the area proposed for annexation; or
1412 [
1413 notices of the hearing in conspicuous places within those areas that are most likely to give
1414 notice to residents within those areas[
1415 (II) publish notice of the hearing in accordance with Section 45-1-101 .
1416 Section 21. Section 10-2-415 is amended to read:
1417 10-2-415. Public hearing -- Notice.
1418 (1) (a) (i) If the results of the feasibility study or supplemental feasibility study meet
1419 the requirements of Subsection 10-2-416 (3) with respect to a proposed annexation of an area
1420 located in a county of the first class, the commission shall hold a public hearing within 30
1421 days of receipt of the feasibility study or supplemental feasibility study results.
1422 (ii) At the hearing under Subsection (1)(a)(i), the commission shall:
1423 (A) require the feasibility consultant to present the results of the feasibility study and,
1424 if applicable, the supplemental feasibility study;
1425 (B) allow those present to ask questions of the feasibility consultant regarding the
1426 study results; and
1427 (C) allow those present to speak to the issue of annexation.
1428 (iii) (A) The commission shall:
1429 (I) publish notice of each hearing under Subsection (1)(a)(i):
1430 (Aa) at least once a week for two successive weeks in a newspaper of general
1431 circulation within the area proposed for annexation, the surrounding 1/2 mile of
1432 unincorporated area, and the proposed annexing municipality; and
1433 (Bb) in accordance with Section 45-1-101 for two weeks; and
1434 (II) send written notice of the hearing to the municipal legislative body of the proposed
1435 annexing municipality, the contact sponsor on the annexation petition, each entity that filed a
1436 protest, and, if a protest was filed under Subsection 10-2-407 (1)(a)(ii), the contact person.
1437 (B) [
1438 general circulation within the areas described in Subsection (1)(a)(iii)(A)(I)(Aa), the
1439 commission shall give the notice required under that subsection by posting notices, at least
1440 seven days before the hearing, in conspicuous places within those areas that are most likely to
1441 give notice of the hearing to the residents of those areas.
1442 (C) The [
1443 feasibility study summary under Subsection 10-2-413 (2)(b) and shall indicate that a full copy
1444 of the study is available for inspection and copying at the office of the commission.
1445 (b) (i) Within 30 days after the time under Subsection 10-2-407 (2) for filing a protest
1446 has expired with respect to a proposed annexation of an area located in a specified county, the
1447 boundary commission shall hold a hearing on all protests that were filed with respect to the
1448 proposed annexation.
1449 (ii) (A) At least 14 days before the date of each hearing under Subsection (1)(b)(i), the
1450 commission chair shall cause notice of the hearing to be published in a newspaper of general
1451 circulation within the area proposed for annexation.
1452 (B) Each notice under Subsection (1)(b)(ii)(A) shall:
1453 (I) state the date, time, and place of the hearing;
1454 (II) briefly summarize the nature of the protest; and
1455 (III) state that a copy of the protest is on file at the commission's office.
1456 (iii) The commission may continue a hearing under Subsection (1)(b)(i) from time to
1457 time, but no continued hearing may be held later than 60 days after the original hearing date.
1458 (iv) In considering protests, the commission shall consider whether the proposed
1459 annexation:
1460 (A) complies with the requirements of Sections 10-2-402 and 10-2-403 and the
1461 annexation policy plan of the proposed annexing municipality;
1462 (B) conflicts with the annexation policy plan of another municipality; and
1463 (C) if the proposed annexation includes urban development, will have an adverse tax
1464 consequence on the remaining unincorporated area of the county.
1465 (2) (a) The commission shall record each hearing under this section by electronic
1466 means.
1467 (b) A transcription of the recording under Subsection (2)(a), the feasibility study, if
1468 applicable, information received at the hearing, and the written decision of the commission
1469 shall constitute the record of the hearing.
1470 Section 22. Section 10-2-418 is amended to read:
1471 10-2-418. Annexation of an island or peninsula without a petition -- Notice --
1472 Hearing.
1473 (1) (a) Notwithstanding Subsection 10-2-402 (2), a municipality may annex an
1474 unincorporated area under this section without an annexation petition if:
1475 (i) (A) the area to be annexed consists of one or more unincorporated islands within or
1476 unincorporated peninsulas contiguous to the municipality;
1477 (B) the majority of each island or peninsula consists of residential or commercial
1478 development;
1479 (C) the area proposed for annexation requires the delivery of municipal-type services;
1480 and
1481 (D) the municipality has provided most or all of the municipal-type services to the
1482 area for more than one year; or
1483 (ii) (A) the area to be annexed consists of one or more unincorporated islands within
1484 or unincorporated peninsulas contiguous to the municipality, each of which has fewer than
1485 800 residents; and
1486 (B) the municipality has provided one or more municipal-type services to the area for
1487 at least one year.
1488 (b) Notwithstanding Subsection 10-2-402 (1)(b)(iii), a municipality may annex a
1489 portion of an island or peninsula under this section, leaving unincorporated the remainder of
1490 the unincorporated island or peninsula, if:
1491 (i) in adopting the resolution under Subsection (2)(a)(i), the municipal legislative body
1492 determines that not annexing the entire unincorporated island or peninsula is in the
1493 municipality's best interest; and
1494 (ii) for an annexation of one or more unincorporated islands under Subsection
1495 (1)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed,
1496 complies with the requirement of Subsection (1)(a)(ii)(A) relating to the number of residents.
1497 (2) (a) The legislative body of each municipality intending to annex an area under this
1498 section shall:
1499 (i) adopt a resolution indicating the municipal legislative body's intent to annex the
1500 area, describing the area proposed to be annexed;
1501 (ii) [
1502 (A) (I) at least once a week for three successive weeks in a newspaper of general
1503 circulation within the municipality and the area proposed for annexation; or
1504 [
1505 Subsection (2)(a)(ii)(A), post at least one notice per 1,000 population in places within those
1506 areas that are most likely to give notice to the residents of those areas; and
1507 (B) in accordance with Section 45-1-101 for three weeks;
1508 (iii) send written notice to the board of each local district and special service district
1509 whose boundaries contain some or all of the area proposed for annexation and to the
1510 legislative body of the county in which the area proposed for annexation is located; and
1511 (iv) hold a public hearing on the proposed annexation no earlier than 30 days after the
1512 adoption of the resolution under Subsection (2)(a)(i).
1513 (b) Each notice under Subsections (2)(a)(ii) and (iii) shall:
1514 (i) state that the municipal legislative body has adopted a resolution indicating its
1515 intent to annex the area proposed for annexation;
1516 (ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
1517 (iii) describe the area proposed for annexation; and
1518 (iv) except for an annexation that meets the property owner consent requirements of
1519 Subsection (3)(b), state in conspicuous and plain terms that the municipal legislative body will
1520 annex the area unless, at or before the public hearing under Subsection (2)(a)(iv), written
1521 protests to the annexation are filed by the owners of private real property that:
1522 (A) is located within the area proposed for annexation;
1523 (B) covers a majority of the total private land area within the entire area proposed for
1524 annexation; and
1525 (C) is equal in value to at least 1/2 the value of all private real property within the
1526 entire area proposed for annexation.
1527 (c) The first publication of the notice required under Subsection (2)(a)(ii)(A) shall be
1528 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
1529 (2)(a)(i).
1530 (3) (a) Upon conclusion of the public hearing under Subsection (2)(a)(iv), the
1531 municipal legislative body may adopt an ordinance annexing the area proposed for annexation
1532 under this section unless, at or before the hearing, written protests to the annexation have been
1533 filed with the city recorder or town clerk, as the case may be, by the owners of private real
1534 property that:
1535 (i) is located within the area proposed for annexation;
1536 (ii) covers a majority of the total private land area within the entire area proposed for
1537 annexation; and
1538 (iii) is equal in value to at least 1/2 the value of all private real property within the
1539 entire area proposed for annexation.
1540 (b) (i) Upon conclusion of the public hearing under Subsection (2)(a)(iv), a
1541 municipality may adopt an ordinance annexing the area proposed for annexation under this
1542 section without allowing or considering protests under Subsection (3)(a) if the owners of at
1543 least 75% of the total private land area within the entire area proposed for annexation,
1544 representing at least 75% of the value of the private real property within the entire area
1545 proposed for annexation, have consented in writing to the annexation.
1546 (ii) Upon adoption of an annexation ordinance under Subsection (3)(b)(i), the area
1547 annexed shall be conclusively presumed to be validly annexed.
1548 (4) (a) If protests are timely filed that comply with Subsection (3), the municipal
1549 legislative body may not adopt an ordinance annexing the area proposed for annexation, and
1550 the annexation proceedings under this section shall be considered terminated.
1551 (b) Subsection (4)(a) may not be construed to prohibit the municipal legislative body
1552 from excluding from a proposed annexation under Subsection (1)(a)(ii) the property within an
1553 unincorporated island regarding which protests have been filed and proceeding under
1554 Subsection (1)(b) to annex some or all of the remaining portion of the unincorporated island.
1555 Section 23. Section 10-2-419 is amended to read:
1556 10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
1557 (1) The legislative bodies of two or more municipalities having common boundaries
1558 may adjust their common boundaries as provided in this section.
1559 (2) (a) The legislative body of each municipality intending to adjust a boundary that is
1560 common with another municipality shall:
1561 (i) adopt a resolution indicating the intent of the municipal legislative body to adjust a
1562 common boundary;
1563 (ii) hold a public hearing on the proposed adjustment no less than 60 days after the
1564 adoption of the resolution under Subsection (2)(a)(i); and
1565 (iii) (A) publish notice:
1566 (I) at least once a week for three successive weeks in a newspaper of general
1567 circulation within the municipality; or
1568 [
1569 at least one notice per 1,000 population in places within the municipality that are most likely
1570 to give notice to residents of the municipality[
1571 (B) in accordance with Section 45-1-101 for three weeks.
1572 (b) The notice required under Subsection (2)(a)(iii) shall:
1573 (i) state that the municipal legislative body has adopted a resolution indicating the
1574 municipal legislative body's intent to adjust a boundary that the municipality has in common
1575 with another municipality;
1576 (ii) describe the area proposed to be adjusted;
1577 (iii) state the date, time, and place of the public hearing required under Subsection
1578 (2)(a)(ii);
1579 (iv) state in conspicuous and plain terms that the municipal legislative body will adjust
1580 the boundaries unless, at or before the public hearing under Subsection (2)(a)(ii), written
1581 protests to the adjustment are filed by the owners of private real property that:
1582 (A) is located within the area proposed for adjustment;
1583 (B) covers at least 25% of the total private land area within the area proposed for
1584 adjustment; and
1585 (C) is equal in value to at least 15% of the value of all private real property within the
1586 area proposed for adjustment; [
1587 (v) state that the area that is the subject of the boundary adjustment will, because of
1588 the boundary adjustment, be automatically annexed to a local district providing fire protection,
1589 paramedic, and emergency services, as provided in Section 17B-1-416 , if:
1590 (A) the municipality to which the area is being added because of the boundary
1591 adjustment is entirely within the boundaries of a local district:
1592 (I) that provides fire protection, paramedic, and emergency services; and
1593 (II) in the creation of which an election was not required because of Subsection
1594 17B-1-214 (3)(c); and
1595 (B) the municipality from which the area is being taken because of the boundary
1596 adjustment is not within the boundaries of the local district; and
1597 (vi) state that the area proposed for annexation to the municipality will be
1598 automatically withdrawn from a local district providing fire protection, paramedic, and
1599 emergency services, as provided in Subsection 17B-1-502 (2), if:
1600 (A) the municipality to which the area is being added because of the boundary
1601 adjustment is not within the boundaries of a local district:
1602 (I) that provides fire protection, paramedic, and emergency services; and
1603 (II) in the creation of which an election was not required because of Subsection
1604 17B-1-214 (3)(c); and
1605 (B) the municipality from which the area is being taken because of the boundary
1606 adjustment is entirely within the boundaries of the local district.
1607 (c) The first publication of the notice required under Subsection (2)(a)(iii)(A) shall be
1608 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
1609 (2)(a)(i).
1610 (3) Upon conclusion of the public hearing under Subsection (2)(a)(ii), the municipal
1611 legislative body may adopt an ordinance adjusting the common boundary unless, at or before
1612 the hearing under Subsection (2)(a)(ii), written protests to the adjustment have been filed with
1613 the city recorder or town clerk, as the case may be, by the owners of private real property that:
1614 (a) is located within the area proposed for adjustment;
1615 (b) covers at least 25% of the total private land area within the area proposed for
1616 adjustment; and
1617 (c) is equal in value to at least 15% of the value of all private real property within the
1618 area proposed for adjustment.
1619 (4) The municipal legislative body shall comply with the requirements of Section
1620 10-2-425 as if the boundary change were an annexation.
1621 (5) An ordinance adopted under Subsection (3) becomes effective when each
1622 municipality involved in the boundary adjustment has adopted an ordinance under Subsection
1623 (3) and as determined under Subsection 10-2-425 (5) if the boundary change were an
1624 annexation.
1625 Section 24. Section 10-2-501 is amended to read:
1626 10-2-501. Municipal disconnection -- Definitions -- Request for disconnection --
1627 Requirements upon filing request.
1628 (1) As used in this part "petitioners" means persons who:
1629 (a) own title to real property within the area proposed for disconnection; and
1630 (b) have signed a request for disconnection proposing to disconnect that area from the
1631 municipality.
1632 (2) (a) Petitioners proposing to disconnect an area within and lying on the borders of a
1633 municipality shall file with that municipality's legislative body a request for disconnection.
1634 (b) Each request for disconnection shall:
1635 (i) contain the names, addresses, and signatures of the owners of more than 50% of the
1636 real property in the area proposed for disconnection;
1637 (ii) give the reasons for the proposed disconnection;
1638 (iii) include a map or plat of the territory proposed for disconnection; and
1639 (iv) designate between one and five persons with authority to act on the petitioners'
1640 behalf in the proceedings.
1641 (3) Upon filing the request for disconnection, petitioners shall:
1642 (a) cause notice of the request to be published:
1643 (i) once a week for three consecutive weeks in a newspaper of general circulation
1644 within the municipality; and
1645 (ii) in accordance with Section 45-1-101 for three weeks;
1646 (b) cause notice of the request to be mailed to each owner of real property located
1647 within the area proposed to be disconnected; and
1648 (c) deliver a copy of the request to the legislative body of the county in which the area
1649 proposed for disconnection is located.
1650 Section 25. Section 10-2-502.5 is amended to read:
1651 10-2-502.5. Hearing on request for disconnection -- Determination by municipal
1652 legislative body -- Petition in district court.
1653 (1) Within 30 calendar days after the last publication of notice required under
1654 Subsection 10-2-501 (3)(a), the legislative body of the municipality in which the area proposed
1655 for disconnection is located shall hold a public hearing.
1656 (2) At least seven calendar days before the hearing date, the municipal legislative body
1657 shall provide notice of the public hearing:
1658 (a) in writing to the petitioners and to the legislative body of the county in which the
1659 area proposed for disconnection is located; and
1660 (b) by publishing a notice:
1661 (i) (A) in a newspaper of general circulation within the municipality; or[
1662 (B) if there is [
1663 posting notice of the hearing in at least three public places within the municipality[
1664 (ii) as required in Section 45-1-101 .
1665 (3) In the public hearing, any person may speak and submit documents regarding the
1666 disconnection proposal.
1667 (4) Within 45 calendar days of the hearing, the municipal legislative body shall:
1668 (a) determine whether to grant the request for disconnection; and
1669 (b) if the municipality determines to grant the request, adopt an ordinance approving
1670 disconnection of the area from the municipality.
1671 (5) (a) A petition against the municipality challenging the municipal legislative body's
1672 determination under Subsection (4) may be filed in district court by:
1673 (i) petitioners; or
1674 (ii) the county in which the area proposed for disconnection is located.
1675 (b) Each petition under Subsection (5)(a) shall include a copy of the request for
1676 disconnection.
1677 Section 26. Section 10-2-607 is amended to read:
1678 10-2-607. Notice of election.
1679 If the county legislative bodies find that the resolution or petition for consolidation and
1680 their attachments substantially conform with the requirements of this part, they shall give
1681 notice of the election for consolidation to the electors of each municipality which would
1682 become part of the consolidated municipality by publication:
1683 (a) in a newspaper having a general circulation within the boundaries of each
1684 municipality to be consolidated at least once a week for four consecutive weeks prior to the
1685 election on the question of consolidation[
1686 (b) in accordance with Section 45-1-101 for four consecutive weeks.
1687 Section 27. Section 10-2-703 is amended to read:
1688 10-2-703. Publication of notice of election.
1689 (1) Immediately after setting the date for the election, the court shall order for
1690 publication notice of the:
1691 (a) petition; and
1692 (b) date the election is to be held to determine the question of dissolution.
1693 (2) The notice described in Subsection (1) shall be published:
1694 (a) (i) for at least once a week for a period of one month in a newspaper having
1695 general circulation in the municipality[
1696 (ii) if there is [
1697 posting in at least three public places in the municipality[
1698
1699 (b) in accordance with Section 45-1-101 for one month.
1700 Section 28. Section 10-2-708 is amended to read:
1701 10-2-708. Notice of disincorporation -- Publication and filing.
1702 When [
1703 notice thereof to be published:
1704 (1) in a newspaper having a general circulation in the county in which the
1705 municipality is located at least once a week for four consecutive weeks[
1706 (2) in accordance with Section 45-1-101 for four weeks.
1707 Section 29. Section 10-3-818 is amended to read:
1708 10-3-818. Salaries in municipalities.
1709 (1) The elective and statutory officers of municipalities shall receive such
1710 compensation for their services as the governing body may fix by ordinance adopting
1711 compensation or compensation schedules enacted after public hearing.
1712 (2) Upon its own motion the governing body may review or consider the compensation
1713 of any officer or officers of the municipality or a salary schedule applicable to any officer or
1714 officers of the city for the purpose of determining whether or not it should be adopted,
1715 changed, or amended. In the event that the governing body decides that the compensation or
1716 compensation schedules should be adopted, changed, or amended, it shall set a time and place
1717 for a public hearing at which all interested persons shall be given an opportunity to be heard.
1718 (3) (a) Notice of the time, place, and purpose of the meeting shall be published at least
1719 seven days [
1720 (i) at least once in a newspaper published in the county within which the municipality
1721 is situated and generally circulated in the municipality[
1722 (ii) as required in Section 45-1-101 .
1723 (b) If there is [
1724 (3)(a)(i), then notice shall be given by posting this notice in three public places in the
1725 municipality.
1726 (4) After the conclusion of the public hearing, the governing body may enact an
1727 ordinance fixing, changing, or amending the compensation of any elective or appointive
1728 officer of the municipality or adopting a compensation schedule applicable to any officer or
1729 officers.
1730 (5) Any ordinance enacted before Laws of Utah 1977, Chapter 48, by a municipality
1731 establishing a salary or compensation schedule for its elective or appointive officers and any
1732 salary fixed prior to Laws of Utah 1977, Chapter 48, shall remain effective until the
1733 municipality has enacted an ordinance pursuant to the provisions of this chapter.
1734 (6) The compensation of all municipal officers shall be paid at least monthly out of the
1735 municipal treasury provided that municipalities having 1,000 or fewer population may by
1736 ordinance provide for the payment of its statutory officers less frequently. None of the
1737 provisions of this chapter shall be considered as limiting or restricting the authority to any
1738 municipality that has adopted or does adopt a charter pursuant to Utah Constitution, Article
1739 XI, Section 5, to determine the salaries of its elective and appointive officers or employees.
1740 Section 30. Section 10-5-108 is amended to read:
1741 10-5-108. Budget hearing -- Notice -- Adjustments.
1742 (1) Prior to the adoption of the final budget, each town council shall hold a public
1743 hearing to receive public comment.
1744 (2) The council shall provide notice of the place, purpose, and time of the public
1745 hearing by publishing notice at least seven days before the hearing:
1746 (a) (i) at least once in a newspaper of general circulation in the town[
1747 (ii) if there is no newspaper of general circulation, then by posting the notice in three
1748 public places at least 48 hours prior to the hearing[
1749 (b) as required in Section 45-1-101 .
1750 (3) After the hearing, the council, subject to Section 10-5-110 , may adjust
1751 expenditures and revenues in conformity with this chapter.
1752 Section 31. Section 10-6-113 is amended to read:
1753 10-6-113. Budget -- Notice of hearing to consider adoption.
1754 At the meeting at which each tentative budget is adopted, the governing body shall
1755 establish the time and place of a public hearing to consider its adoption and shall order that
1756 notice [
1757 (1) (a) in at least one issue of a newspaper of general circulation published in the
1758 county in which the city is located[
1759 (b) if there is not a newspaper as described in Subsection (1)(a), then the notice
1760 required by this section may be posted in three public places within the city[
1761 (2) as required in Section 45-1-101 .
1762 Section 32. Section 10-6-152 is amended to read:
1763 10-6-152. Notice that audit completed and available for inspection.
1764 Within ten days following the receipt of the audit report furnished by the independent
1765 auditor, the city auditor in cities having an auditor and the city recorder in all other cities shall:
1766 (1) prepare and publish:
1767 (a) (i) at least twice in a newspaper of general circulation published within the county,
1768 a notice to the public that the audit of the city has been completed [
1769
1770 (ii) if a newspaper of general circulation is not published within the county, the notice
1771 required by this section may be posted in three public places[
1772 (b) a notice, published in accordance with Section 45-1-101 , to the public that the
1773 audit of the city has been completed; and
1774 (2) make a copy of the notice described in Subsection (1)(a) available for inspection at
1775 the office of the city auditor or recorder.
1776 Section 33. Section 10-7-16 is amended to read:
1777 10-7-16. Call for bids -- Notice -- Contents.
1778 (1) (a) Before holding an election under Subsection 10-7-15 (1)(a)(ii), the municipal
1779 legislative body shall open to bid the sale or lease of the property mentioned in Section
1780 10-7-15 .
1781 (b) (i) The municipal legislative body shall cause notice of the bid process to be given
1782 by publication for at least three consecutive weeks:
1783 (A) in a newspaper published or having general circulation in the city or town[
1784
1785
1786
1787 (B) as required in Section 45-1-101 .
1788 (c) The notice described in Subsection (1) shall:
1789 (i) give a general description of the property to be sold or leased;
1790 (ii) specify the time when sealed bids for the property, or for a lease on the property,
1791 will be received; and
1792 (iii) specify the time when and the place where the bids will be opened.
1793 (2) (a) As used in this section and in Section 10-7-17 , "responsible bidder" means an
1794 entity with a proven history of successful operation of an electrical generation and distribution
1795 system, or an equivalent proven history.
1796 (b) Subject to Subsection (2)(c), a municipal legislative body may receive or refuse to
1797 receive any bid submitted for the sale or lease of the electrical works and plant.
1798 (c) A municipal legislative body may not receive a bid unless the municipal legislative
1799 body determines that the bid is submitted by a responsible bidder.
1800 Section 34. Section 10-7-19 is amended to read:
1801 10-7-19. Election to authorize -- Notice -- Ballots.
1802 (1) The board of commissioners or city council of any city or the board of trustees of
1803 any incorporated town is authorized to aid and encourage the building of railroads by granting
1804 to any railroad company for depot or other railroad purposes real property of such city or
1805 incorporated town, not necessary for municipal or public purposes, upon such limitations and
1806 conditions as the board of commissioners, council or board of trustees may prescribe;
1807 provided, however, that no such grant shall be made to any railroad company unless the
1808 question of making it has been submitted to the qualified electors of the city or town at the
1809 next municipal election, or special election to be called for that purpose by the board of
1810 commissioners, city council or town board.
1811 (2) If the question is submitted at a special election, it shall be held as nearly as
1812 practicable in conformity with the general election laws of the state.
1813 (3) Notice of [
1814 publication:
1815 (a) (i) in [
1816 town once a week for four weeks prior [
1817 (ii) if there is [
1818 (3)(a)(i), then by posting notices[
1819 (b) in accordance with Section 45-1-101 for four weeks prior to the election.
1820 (4) The board of commissioners, city council or town board shall cause ballots to be
1821 printed and furnished to the qualified electors, which shall read: "For the proposed grant for
1822 depot or other railroad purposes: Yes. No."
1823 (5) If a majority of the qualified electors voting thereon shall have voted in favor of
1824 such grant, the board of commissioners, city council or town board shall then proceed to
1825 convey the property to the railroad company.
1826 Section 35. Section 10-8-2 is amended to read:
1827 10-8-2. Appropriations -- Acquisition and disposal of property -- Municipal
1828 authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
1829 (1) (a) A municipal legislative body may:
1830 (i) appropriate money for corporate purposes only;
1831 (ii) provide for payment of debts and expenses of the corporation;
1832 (iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
1833 dispose of real and personal property for the benefit of the municipality, whether the property
1834 is within or without the municipality's corporate boundaries, if the action is in the public
1835 interest and complies with other law;
1836 (iv) improve, protect, and do any other thing in relation to this property that an
1837 individual could do; and
1838 (v) subject to Subsection (2) and after first holding a public hearing, authorize
1839 municipal services or other nonmonetary assistance to be provided to or waive fees required to
1840 be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
1841 (b) A municipality may:
1842 (i) furnish all necessary local public services within the municipality;
1843 (ii) purchase, hire, construct, own, maintain and operate, or lease public utilities
1844 located and operating within and operated by the municipality; and
1845 (iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, property
1846 located inside or outside the corporate limits of the municipality and necessary for any of the
1847 purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78B,
1848 Chapter 6, Part 5, Eminent Domain, and general law for the protection of other communities.
1849 (c) Each municipality that intends to acquire property by eminent domain under
1850 Subsection (1)(b) shall, upon the first contact with the owner of the property sought to be
1851 acquired, deliver to the owner a copy of a booklet or other materials provided by the Office of
1852 the Property Rights Ombudsman, created under Section 13-43-201 , dealing with the property
1853 owner's rights in an eminent domain proceeding.
1854 (d) Subsection (1)(b) may not be construed to diminish any other authority a
1855 municipality may claim to have under the law to acquire by eminent domain property located
1856 inside or outside the municipality.
1857 (2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject
1858 to the provisions of Subsection (3).
1859 (b) The total amount of services or other nonmonetary assistance provided or fees
1860 waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the
1861 municipality's budget for that fiscal year.
1862 (3) It is considered a corporate purpose to appropriate money for any purpose that, in
1863 the judgment of the municipal legislative body, provides for the safety, health, prosperity,
1864 moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality
1865 subject to the following:
1866 (a) The net value received for any money appropriated shall be measured on a
1867 project-by-project basis over the life of the project.
1868 (b) The criteria for a determination under this Subsection (3) shall be established by
1869 the municipality's legislative body. A determination of value received, made by the
1870 municipality's legislative body, shall be presumed valid unless it can be shown that the
1871 determination was arbitrary, capricious, or illegal.
1872 (c) The municipality may consider intangible benefits received by the municipality in
1873 determining net value received.
1874 (d) (i) Prior to the municipal legislative body making any decision to appropriate any
1875 funds for a corporate purpose under this section, a public hearing shall be held.
1876 (ii) Notice of the hearing described in Subsection (3)(d)(i) shall be published:
1877 (A) (I) in a newspaper of general circulation at least 14 days [
1878 of the hearing[
1879 (II) if there is no newspaper of general circulation, by posting notice in at least three
1880 conspicuous places within the municipality for the same time period[
1881 (B) in accordance with Section 45-1-101 , at least 14 days before the date of the
1882 hearing.
1883 (e) A study shall be performed before notice of the public hearing is given and shall be
1884 made available at the municipality for review by interested parties at least 14 days
1885 immediately prior to the public hearing, setting forth an analysis and demonstrating the
1886 purpose for the appropriation. In making the study, the following factors shall be considered:
1887 (i) what identified benefit the municipality will receive in return for any money or
1888 resources appropriated;
1889 (ii) the municipality's purpose for the appropriation, including an analysis of the way
1890 the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
1891 peace, order, comfort, or convenience of the inhabitants of the municipality; and
1892 (iii) whether the appropriation is necessary and appropriate to accomplish the
1893 reasonable goals and objectives of the municipality in the area of economic development, job
1894 creation, affordable housing, blight elimination, job preservation, the preservation of historic
1895 structures and property, and any other public purpose.
1896 (f) (i) An appeal may be taken from a final decision of the municipal legislative body,
1897 to make an appropriation.
1898 (ii) The appeal shall be filed within 30 days after the date of that decision, to the
1899 district court.
1900 (iii) Any appeal shall be based on the record of the proceedings before the legislative
1901 body.
1902 (iv) A decision of the municipal legislative body shall be presumed to be valid unless
1903 the appealing party shows that the decision was arbitrary, capricious, or illegal.
1904 (g) The provisions of this Subsection (3) apply only to those appropriations made after
1905 May 6, 2002.
1906 (h) This section applies only to appropriations not otherwise approved pursuant to
1907 Title 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6,
1908 Uniform Fiscal Procedures Act for Utah Cities.
1909 (4) (a) Before a municipality may dispose of a significant parcel of real property, the
1910 municipality shall:
1911 (i) provide reasonable notice of the proposed disposition at least 14 days before the
1912 opportunity for public comment under Subsection (4)(a)(ii); and
1913 (ii) allow an opportunity for public comment on the proposed disposition.
1914 (b) Each municipality shall, by ordinance, define what constitutes:
1915 (i) a significant parcel of real property for purposes of Subsection (4)(a); and
1916 (ii) reasonable notice for purposes of Subsection (4)(a)(i).
1917 (5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
1918 real property for the purpose of expanding the municipality's infrastructure or other facilities
1919 used for providing services that the municipality offers or intends to offer shall provide written
1920 notice, as provided in this Subsection (5), of its intent to acquire the property if:
1921 (i) the property is located:
1922 (A) outside the boundaries of the municipality; and
1923 (B) in a county of the first or second class; and
1924 (ii) the intended use of the property is contrary to:
1925 (A) the anticipated use of the property under the general plan of the county in whose
1926 unincorporated area or the municipality in whose boundaries the property is located; or
1927 (B) the property's current zoning designation.
1928 (b) Each notice under Subsection (5)(a) shall:
1929 (i) indicate that the municipality intends to acquire real property;
1930 (ii) identify the real property; and
1931 (iii) be sent to:
1932 (A) each county in whose unincorporated area and each municipality in whose
1933 boundaries the property is located; and
1934 (B) each affected entity.
1935 (c) A notice under this Subsection (5) is a protected record as provided in Subsection
1936 63G-2-305 (7).
1937 (d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
1938 previously provided notice under Section 10-9a-203 identifying the general location within the
1939 municipality or unincorporated part of the county where the property to be acquired is located.
1940 (ii) If a municipality is not required to comply with the notice requirement of
1941 Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide
1942 the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real
1943 property.
1944 Section 36. Section 10-9a-204 is amended to read:
1945 10-9a-204. Notice of public hearings and public meetings to consider general
1946 plan or modifications.
1947 (1) Each municipality shall provide:
1948 (a) notice of the date, time, and place of the first public hearing to consider the
1949 original adoption or any modification of all or any portion of a general plan; and
1950 (b) notice of each public meeting on the subject.
1951 (2) Each notice of a public hearing under Subsection (1)(a) shall be at least ten
1952 calendar days before the public hearing and shall be:
1953 (a) (i) published in a newspaper of general circulation in the area; and
1954 (ii) published as required in Section 45-1-101 ;
1955 (b) mailed to each affected entity; and
1956 (c) posted:
1957 (i) in at least three public locations within the municipality; or
1958 (ii) on the municipality's official website.
1959 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1960 before the meeting and shall be:
1961 (a) (i) submitted to a newspaper of general circulation in the area; and
1962 (ii) published as required in Section 45-1-101 ; and
1963 (b) posted:
1964 (i) in at least three public locations within the municipality; or
1965 (ii) on the municipality's official website.
1966 Section 37. Section 10-9a-205 is amended to read:
1967 10-9a-205. Notice of public hearings and public meetings on adoption or
1968 modification of land use ordinance.
1969 (1) Each municipality shall give:
1970 (a) notice of the date, time, and place of the first public hearing to consider the
1971 adoption or any modification of a land use ordinance; and
1972 (b) notice of each public meeting on the subject.
1973 (2) Each notice of a public hearing under Subsection (1)(a) shall be:
1974 (a) mailed to each affected entity at least ten calendar days before the public hearing;
1975 (b) posted:
1976 (i) in at least three public locations within the municipality; or
1977 (ii) on the municipality's official website; and
1978 (c) (i) (A) published in a newspaper of general circulation in the area at least ten
1979 calendar days before the public hearing; [
1980 (B) published in accordance with Section 45-1-101 , at least ten calendar days before
1981 the public hearing; or
1982 (ii) mailed at least three days before the public hearing to:
1983 (A) each property owner whose land is directly affected by the land use ordinance
1984 change; and
1985 (B) each adjacent property owner within the parameters specified by municipal
1986 ordinance.
1987 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1988 before the meeting and shall be posted:
1989 (a) in at least three public locations within the municipality; or
1990 (b) on the municipality's official website.
1991 Section 38. Section 10-9a-208 is amended to read:
1992 10-9a-208. Hearing and notice for proposal to vacate, alter, or amend a public
1993 street or right-of-way.
1994 For any proposal to vacate, alter, or amend a public street or right-of-way, the land use
1995 authority shall hold a public hearing and shall give notice of the date, place, and time of the
1996 hearing by:
1997 (1) mailing notice as required in Section 10-9a-207 ;
1998 (2) mailing notice to each affected entity; and
1999 (3) [
2000 (a) (i) once a week for four consecutive weeks before the hearing in a newspaper of
2001 general circulation in the municipality in which the land subject to the petition is located; or
2002 [
2003 circulation in the municipality, posting the property and posting notice in three public places
2004 for four consecutive weeks before the hearing[
2005 (b) in accordance with Section 45-1-101 for four weeks before the hearing.
2006 Section 39. Section 10-18-203 is amended to read:
2007 10-18-203. Feasibility study on providing cable television or public
2008 telecommunications services -- Public hearings.
2009 (1) If a feasibility consultant is hired under Section 10-18-202 , the legislative body of
2010 the municipality shall require the feasibility consultant to:
2011 (a) complete the feasibility study in accordance with this section;
2012 (b) submit to the legislative body by no later than 180 days from the date the
2013 feasibility consultant is hired to conduct the feasibility study:
2014 (i) the full written results of the feasibility study; and
2015 (ii) a summary of the results that is no longer than one page in length; and
2016 (c) attend the public hearings described in Subsection (4) to:
2017 (i) present the feasibility study results; and
2018 (ii) respond to questions from the public.
2019 (2) The feasibility study described in Subsection (1) shall at a minimum consider:
2020 (a) (i) if the municipality is proposing to provide cable television services to
2021 subscribers, whether the municipality providing cable television services in the manner
2022 proposed by the municipality will hinder or advance competition for cable television services
2023 in the municipality;
2024 (ii) if the municipality is proposing to provide public telecommunications services to
2025 subscribers, whether the municipality providing public telecommunications services in the
2026 manner proposed by the municipality will hinder or advance competition for public
2027 telecommunications services in the municipality;
2028 (b) whether but for the municipality any person would provide the proposed:
2029 (i) cable television services; or
2030 (ii) public telecommunications services;
2031 (c) the fiscal impact on the municipality of:
2032 (i) the capital investment in facilities that will be used to provide the proposed:
2033 (A) cable television services; or
2034 (B) public telecommunications services; and
2035 (ii) the expenditure of funds for labor, financing, and administering the proposed:
2036 (A) cable television services; or
2037 (B) public telecommunications services;
2038 (d) the projected growth in demand in the municipality for the proposed:
2039 (i) cable television services; or
2040 (ii) public telecommunications services;
2041 (e) the projections at the time of the feasibility study and for the next five years, of a
2042 full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the
2043 facilities necessary to provide the proposed:
2044 (i) cable television services; or
2045 (ii) public telecommunications services; and
2046 (f) the projections at the time of the feasibility study and for the next five years of the
2047 revenues to be generated from the proposed:
2048 (i) cable television services; or
2049 (ii) public telecommunications services.
2050 (3) For purposes of the financial projections required under Subsections (2)(e) and (f),
2051 the feasibility consultant shall assume that the municipality will price the proposed cable
2052 television services or public telecommunications services consistent with Subsection
2053 10-18-303 (5).
2054 (4) If the results of the feasibility study satisfy the revenue requirement of Subsection
2055 10-18-202 (3), the legislative body, at the next regular meeting after the legislative body
2056 receives the results of the feasibility study, shall schedule at least two public hearings to be
2057 held:
2058 (a) within 60 days of the meeting at which the public hearings are scheduled;
2059 (b) at least seven days apart; and
2060 (c) for the purpose of allowing:
2061 (i) the feasibility consultant to present the results of the feasibility study; and
2062 (ii) the public to:
2063 (A) become informed about the feasibility study results; and
2064 (B) ask questions of the feasibility consultant about the results of the feasibility study.
2065 (5) (a) Except as provided in Subsection (5)[
2066 notice of the public hearings required under Subsection (4):
2067 (i) at least once a week for three consecutive weeks in a newspaper of general
2068 circulation in the municipality[
2069
2070 (4)[
2071 (ii) in accordance with Section 45-1-101 for three weeks, at least three days before the
2072 first public hearing required under Subsection (4).
2073 [
2074 general circulation in the municipality, for each 1,000 residents, the municipality shall post at
2075 least one notice of the hearings in a conspicuous place within the municipality that is likely to
2076 give notice of the hearings to the greatest number of residents of the municipality.
2077 (ii) The municipality shall post the notices at least seven days before the first public
2078 hearing required under Subsection (4) is held.
2079 Section 40. Section 10-18-302 is amended to read:
2080 10-18-302. Bonding authority.
2081 (1) In accordance with Title 11, Chapter 14, Local Government Bonding Act, the
2082 legislative body of a municipality may by resolution determine to issue one or more revenue
2083 bonds or general obligation bonds to finance the capital costs for facilities necessary to
2084 provide to subscribers:
2085 (a) a cable television service; or
2086 (b) a public telecommunications service.
2087 (2) The resolution described in Subsection (1) shall:
2088 (a) describe the purpose for which the indebtedness is to be created; and
2089 (b) specify the dollar amount of the one or more bonds proposed to be issued.
2090 (3) (a) A revenue bond issued under this section shall be secured and paid for:
2091 (i) from the revenues generated by the municipality from providing:
2092 (A) cable television services with respect to revenue bonds issued to finance facilities
2093 for the municipality's cable television services; and
2094 (B) public telecommunications services with respect to revenue bonds issued to
2095 finance facilities for the municipality's public telecommunications services; and
2096 (ii) notwithstanding Subsection (3)(b) and Subsection 10-18-303 (3)(a), from revenues
2097 generated under Title 59, Chapter 12, Sales and Use Tax Act, if:
2098 (A) notwithstanding Subsection 11-14-201 (3) and except as provided in Subsections
2099 (4) and (5), the revenue bond is approved by the registered voters in an election held:
2100 (I) except as provided in Subsection (3)(a)(ii)(A)(II), pursuant to the provisions of
2101 Title 11, Chapter 14, Local Government Bonding Act, that govern bond elections; and
2102 (II) notwithstanding Subsection 11-14-203 (2), at a regular general election;
2103 (B) the revenues described in this Subsection (3)(a)(ii) are pledged as security for the
2104 revenue bond; and
2105 (C) the municipality or municipalities annually appropriate the revenues described in
2106 this Subsection (3)(a)(ii) to secure and pay the revenue bond issued under this section.
2107 (b) Except as provided in Subsection (3)(a)(ii), a municipality may not pay the
2108 origination, financing, or other carrying costs associated with the one or more revenue bonds
2109 issued under this section from the general funds or other enterprise funds of the municipality.
2110 (4) (a) As used in this Subsection (4), "municipal entity" means an entity created
2111 pursuant to an agreement:
2112 (i) under Title 11, Chapter 13, Interlocal Cooperation Act; and
2113 (ii) to which a municipality is a party.
2114 (b) The requirements of Subsection (3)(a)(ii)(A) do not apply to a municipality or
2115 municipal entity that issues revenue bonds, or to a municipality that is a member of a
2116 municipal entity that issues revenue bonds, if:
2117 (i) on or before March 2, 2004, the municipality that is issuing revenue bonds or that
2118 is a member of a municipal entity that is issuing revenue bonds has published the first notice
2119 described in Subsection (4)(b)(iii);
2120 (ii) on or before April 15, 2004, the municipality that is issuing revenue bonds or that
2121 is a member of a municipal entity that is issuing revenue bonds makes the decision to pledge
2122 the revenues described in Subsection (3)(a)(ii) as security for the revenue bonds described in
2123 this Subsection (4)(b)(ii);
2124 (iii) the municipality that is issuing the revenue bonds or the municipality that is a
2125 member of the municipal entity that is issuing the revenue bonds has:
2126 (A) held a public hearing for which public notice was given by publication of the
2127 notice:
2128 (I) in a newspaper published in the municipality or in a newspaper of general
2129 circulation within the municipality for two consecutive weeks, with the first publication being
2130 not less than 14 days before the public hearing; and
2131 (II) in accordance with Section 45-1-101 for two weeks before the public hearing; and
2132 (B) the notice identifies:
2133 (I) that the notice is given pursuant to Title 11, Chapter 14, Local Government
2134 Bonding Act;
2135 (II) the purpose for the bonds to be issued;
2136 (III) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will
2137 be pledged in any fiscal year;
2138 (IV) the maximum number of years that the pledge will be in effect; and
2139 (V) the time, place, and location for the public hearing;
2140 (iv) the municipal entity that issues revenue bonds:
2141 (A) adopts a final financing plan; and
2142 (B) in accordance with Title 63G, Chapter 2, Government Records Access and
2143 Management Act, makes available to the public at the time the municipal entity adopts the
2144 final financing plan:
2145 (I) the final financing plan; and
2146 (II) all contracts entered into by the municipal entity, except as protected by Title 63G,
2147 Chapter 2, Government Records Access and Management Act;
2148 (v) any municipality that is a member of a municipal entity described in Subsection
2149 (4)(b)(iv):
2150 (A) not less than 30 calendar days after the municipal entity complies with Subsection
2151 (4)(b)(iv)(B), holds a final public hearing;
2152 (B) provides notice, at the time the municipality schedules the final public hearing, to
2153 any person who has provided to the municipality a written request for notice; and
2154 (C) makes all reasonable efforts to provide fair opportunity for oral testimony by all
2155 interested parties; and
2156 (vi) except with respect to a municipality that issued bonds prior to March 1, 2004,
2157 not more than 50% of the average annual debt service of all revenue bonds described in this
2158 section to provide service throughout the municipality or municipal entity may be paid from
2159 the revenues described in Subsection (3)(a)(ii).
2160 (5) On or after July 1, 2007, the requirements of Subsection (3)(a)(ii)(A) do not apply
2161 to a municipality that issues revenue bonds if:
2162 (a) the municipality that is issuing the revenue bonds has:
2163 (i) held a public hearing for which public notice was given by publication of the notice
2164 in a newspaper published in the municipality or in a newspaper of general circulation within
2165 the municipality for two consecutive weeks, with the first publication being not less than 14
2166 days before the public hearing; and
2167 (ii) the notice identifies:
2168 (A) that the notice is given pursuant to Title 11, Chapter 14, Local Government
2169 Bonding Act;
2170 (B) the purpose for the bonds to be issued;
2171 (C) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will
2172 be pledged in any fiscal year;
2173 (D) the maximum number of years that the pledge will be in effect; and
2174 (E) the time, place, and location for the public hearing; and
2175 (b) except with respect to a municipality that issued bonds prior to March 1, 2004, not
2176 more than 50% of the average annual debt service of all revenue bonds described in this
2177 section to provide service throughout the municipality or municipal entity may be paid from
2178 the revenues described in Subsection (3)(a)(ii).
2179 (6) A municipality that issues bonds pursuant to this section may not make or grant
2180 any undue or unreasonable preference or advantage to itself or to any private provider of:
2181 (a) cable television services; or
2182 (b) public telecommunications services.
2183 Section 41. Section 10-18-303 is amended to read:
2184 10-18-303. General operating limitations.
2185 A municipality that provides a cable television service or a public telecommunications
2186 service under this chapter is subject to the operating limitations of this section.
2187 (1) A municipality that provides a cable television service shall comply with:
2188 (a) the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq.; and
2189 (b) the regulations issued by the Federal Communications Commission under the
2190 Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq.
2191 (2) A municipality that provides a public telecommunications service shall comply
2192 with:
2193 (a) the Telecommunications Act of 1996, Pub. L. 104-104;
2194 (b) the regulations issued by the Federal Communications Commission under the
2195 Telecommunications Act of 1996, Pub. L. 104-104;
2196 (c) Section 54-8b-2.2 relating to:
2197 (i) the interconnection of essential facilities; and
2198 (ii) the purchase and sale of essential services; and
2199 (d) the rules made by the Public Service Commission of Utah under Section
2200 54-8b-2.2 .
2201 (3) A municipality may not cross subsidize its cable television services or its public
2202 telecommunications services with:
2203 (a) tax dollars;
2204 (b) income from other municipal or utility services;
2205 (c) below-market rate loans from the municipality; or
2206 (d) any other means.
2207 (4) (a) A municipality may not make or grant any undue or unreasonable preference or
2208 advantage to itself or to any private provider of:
2209 (i) cable television services; or
2210 (ii) public telecommunications services.
2211 (b) A municipality shall apply without discrimination as to itself and to any private
2212 provider the municipality's ordinances, rules, and policies, including those relating to:
2213 (i) obligation to serve;
2214 (ii) access to public rights of way;
2215 (iii) permitting;
2216 (iv) performance bonding;
2217 (v) reporting; and
2218 (vi) quality of service.
2219 (c) Subsections (4)(a) and (b) do not supersede the exception for a rural telephone
2220 company in Section 251 of the Telecommunications Act of 1996, Pub. L. 104-104.
2221 (5) In calculating the rates charged by a municipality for a cable television service or a
2222 public telecommunications service, the municipality:
2223 (a) shall include within its rates an amount equal to all taxes, fees, and other
2224 assessments that would be applicable to a similarly situated private provider of the same
2225 services, including:
2226 (i) federal, state, and local taxes;
2227 (ii) franchise fees;
2228 (iii) permit fees;
2229 (iv) pole attachment fees; and
2230 (v) fees similar to those described in Subsections (5)(a)(i) through (iv); and
2231 (b) may not price any cable television service or public telecommunications service at
2232 a level that is less than the sum of:
2233 (i) the actual direct costs of providing the service;
2234 (ii) the actual indirect costs of providing the service; and
2235 (iii) the amount determined under Subsection (5)(a).
2236 (6) (a) A municipality that provides cable television services or public
2237 telecommunications services shall establish and maintain a comprehensive price list of all
2238 cable television services or public telecommunications services offered by the municipality.
2239 (b) The price list required by Subsection (6)(a) shall:
2240 (i) include all terms and conditions relating to the municipality providing each cable
2241 television service or public telecommunications service offered by the municipality;
2242 (ii) (A) be published in a newspaper having general circulation in the municipality;
2243 and
2244 (B) be published in accordance with Section 45-1-101 ; and
2245 (iii) be available for inspection:
2246 (A) at a designated office of the municipality; and
2247 (B) during normal business hours.
2248 (c) At least five days before the date a change to a municipality's price list becomes
2249 effective, the municipality shall:
2250 (i) notify the following of the change:
2251 (A) all subscribers to the services for which the price list is being changed; and
2252 (B) any other persons requesting notification of any changes to the municipality's
2253 price list; and
2254 (ii) (A) publish notice in a newspaper of general circulation in the municipality[
2255 and
2256 (B) publish notice in accordance with Section 45-1-101 .
2257 (d) [
2258 circulation in the municipality, the municipality shall publish the notice required by this
2259 Subsection (6) in a newspaper of general circulation that is nearest the municipality.
2260 (e) A municipality may not offer a cable television service or a public
2261 telecommunications service except in accordance with the prices, terms, and conditions set
2262 forth in the municipality's price list.
2263 (7) A municipality may not offer to provide or provide cable television services or
2264 public telecommunications services to a subscriber that does not reside within the geographic
2265 boundaries of the municipality.
2266 (8) (a) A municipality shall keep accurate books and records of the municipality's:
2267 (i) cable television services; and
2268 (ii) public telecommunications services.
2269 (b) The books and records required to be kept under Subsection (8)(a) are subject to
2270 legislative audit to verify the municipality's compliance with the requirements of this chapter
2271 including:
2272 (i) pricing;
2273 (ii) recordkeeping; and
2274 (iii) antidiscrimination.
2275 (9) A municipality may not receive distributions from the Universal Public
2276 Telecommunications Service Support Fund established in Section 54-8b-15 .
2277 Section 42. Section 11-13-219 is amended to read:
2278 11-13-219. Publication of resolutions or agreements -- Contesting legality of
2279 resolution or agreement.
2280 (1) As used in this section:
2281 (a) "Enactment" means:
2282 (i) a resolution adopted or proceedings taken by a governing body under the authority
2283 of this chapter, and includes a resolution, indenture, or other instrument providing for the
2284 issuance of bonds; and
2285 (ii) an agreement or other instrument that is authorized, executed, or approved by a
2286 governing body under the authority of this chapter.
2287 (b) "Governing body" means:
2288 (i) the legislative body of a public agency; and
2289 (ii) the governing body of an interlocal entity created under this chapter.
2290 (c) "Notice of bonds" means the notice authorized by Subsection (3)(d).
2291 (d) "Notice of agreement" means the notice authorized by Subsection (3)(c).
2292 (e) "Official newspaper" means the newspaper selected by a governing body under
2293 Subsection (4)(b) to publish its enactments.
2294 (2) Any enactment taken or made under the authority of this chapter is not subject to
2295 referendum.
2296 (3) (a) A governing body need not publish any enactment taken or made under the
2297 authority of this chapter.
2298 (b) A governing body may provide for the publication of any enactment taken or made
2299 by it under the authority of this chapter according to the publication requirements established
2300 by this section.
2301 (c) (i) If the enactment is an agreement, document, or other instrument, or a resolution
2302 or other proceeding authorizing or approving an agreement, document, or other instrument, the
2303 governing body may, instead of publishing the full text of the agreement, resolution, or other
2304 proceeding, publish a notice of agreement containing:
2305 (A) the names of the parties to the agreement;
2306 (B) the general subject matter of the agreement;
2307 (C) the term of the agreement;
2308 (D) a description of the payment obligations, if any, of the parties to the agreement;
2309 and
2310 (E) a statement that the resolution and agreement will be available for review at the
2311 governing body's principal place of business during regular business hours for 30 days after
2312 the publication of the notice of agreement.
2313 (ii) The governing body shall make a copy of the resolution or other proceeding and a
2314 copy of the contract available at its principal place of business during regular business hours
2315 for 30 days after the publication of the notice of agreement.
2316 (d) If the enactment is a resolution or other proceeding authorizing the issuance of
2317 bonds, the governing body may, instead of publishing the full text of the resolution or other
2318 proceeding and the documents pertaining to the issuance of bonds, publish a notice of bonds
2319 that contains the information described in Subsection 11-14-316 (2).
2320 (4) (a) If the governing body chooses to publish an enactment, notice of bonds, or
2321 notice of agreement, the governing body shall comply with the requirements of this Subsection
2322 (4).
2323 (b) If there is more than one newspaper of general circulation, or more than one
2324 newspaper, published within the boundaries of the governing body, the governing body may
2325 designate one of those newspapers as the official newspaper for all publications made under
2326 this section.
2327 (c) (i) (A) The governing body shall publish the enactment, notice of bonds, or notice
2328 of agreement in:
2329 [
2330 [
2331 the governmental entity is located; or
2332 [
2333 general circulation in the municipality[
2334 (B) as required in Section 45-1-101 .
2335 (ii) The governing body may publish the enactment, notice of bonds, or notice of
2336 agreement:
2337 (A) (I) in a newspaper of general circulation; or
2338 (II) in a newspaper that is published within the boundaries of any public agency that is
2339 a party to the enactment or agreement[
2340 (B) as required in Section 45-1-101 .
2341 (5) (a) Any person in interest may contest the legality of an enactment or any action
2342 performed or instrument issued under the authority of the enactment for 30 days after the
2343 publication of the enactment, notice of bonds, or notice of agreement.
2344 (b) After the 30 days have passed, no one may contest the regularity, formality, or
2345 legality of the enactment or any action performed or instrument issued under the authority of
2346 the enactment for any cause whatsoever.
2347 Section 43. Section 11-14-202 is amended to read:
2348 11-14-202. Notice of election -- Contents -- Publication -- Mailing.
2349 (1) [
2350 (a) (i) (A) once per week during three consecutive weeks in a newspaper designated in
2351 accordance with Section 11-14-316 ; and
2352 [
2353 21 nor more than 35 days before the election[
2354 [
2355 (C) in a newspaper having general circulation in the local political subdivision[
2356 (b) in accordance with Section 45-1-101 for three weeks.
2357 (2) When the debt service on the bonds to be issued will increase the property tax
2358 imposed upon the average value of a residence by an amount that is greater than or equal to
2359 $15 per year, the governing body shall, at least seven days but not more than 30 days before
2360 the bond election, if the bond election is not held on the date of a regular primary election, a
2361 municipal primary election, a regular general election, or a municipal general election, either
2362 mail:
2363 (a) written notice of the bond election on a minimum three inch by five inch postcard
2364 to every household containing a registered voter who is eligible to vote on the bonds; or
2365 (b) a voter information pamphlet prepared by the governing body, if one is prepared,
2366 that includes the information required by Subsection (4).
2367 (3) (a) Except as provided in Subsection (3)(b), notice of the bond election need not be
2368 posted.
2369 (b) (i) In a local political subdivision where there is no newspaper of general
2370 circulation, the legislative body may require that notice of a bond election be given by posting
2371 in lieu of the publication requirements of Subsection (1)(a)(i).
2372 (ii) When the governing body imposes a posting requirement, the governing body shall
2373 ensure that notice of the bond election is posted in at least five public places in the local
2374 political subdivision at least 21 days before the election.
2375 (4) Any notice required by this section shall include:
2376 (a) the date and place of the election;
2377 (b) the hours during which the polls will be open; and
2378 (c) the title and text of the ballot proposition.
2379 (5) The governing body shall pay the costs associated with the notice required by this
2380 section.
2381 Section 44. Section 11-14-315 is amended to read:
2382 11-14-315. Nature and validity of bonds issued -- Applicability of other statutory
2383 provisions -- Budget provision required -- Applicable procedures for issuance.
2384 Bonds issued under this chapter shall have all the qualities of negotiable paper, shall be
2385 incontestable in the hands of bona fide purchasers or holders for value and shall not be invalid
2386 for any irregularity or defect in the proceedings for their issuance and sale. This chapter is
2387 intended to afford an alternative method for the issuance of bonds by local political
2388 subdivisions and shall not be so construed as to deprive any local political subdivision of the
2389 right to issue its bonds under authority of any other statute, but nevertheless this chapter shall
2390 constitute full authority for the issue and sale of bonds by local political subdivisions. The
2391 provisions of Section 11-1-1 , Utah Code Annotated 1953, shall not be applicable to bonds
2392 issued under this chapter. Any local political subdivision subject to the provisions of any
2393 budget law shall in its annual budget make proper provision for the payment of principal and
2394 interest currently falling due on bonds issued hereunder, but no provision need be made in any
2395 such budget prior to the issuance of the bonds for the issuance thereof or for the expenditure of
2396 the proceeds thereof. No ordinance, resolution or proceeding in respect to the issuance of
2397 bonds hereunder shall be necessary except as herein specifically required, nor shall the
2398 publication of any resolution, proceeding or notice relating to the issuance of the bonds be
2399 necessary except as herein required. Any publication made hereunder may be made in any
2400 newspaper conforming to the terms hereof in which legal notices may be published under the
2401 laws of Utah, without regard to the designation thereof as the official journal or newspaper of
2402 the local political subdivision[
2403 or proceeding taken hereunder shall be subject to referendum petition or to an election other
2404 than as herein required. All proceedings adopted hereunder may be adopted on a single
2405 reading at any legally convened meeting of the governing body.
2406 Section 45. Section 11-14-316 is amended to read:
2407 11-14-316. Publication of notice, resolution, or other proceeding -- Contest.
2408 (1) The governing body of any local political subdivision may provide for the
2409 publication of any resolution or other proceeding adopted under this chapter:
2410 (a) in a newspaper having general circulation in the local political subdivision[
2411 (b) as required in Section 45-1-101 .
2412 (2) When publication involves a resolution or other proceeding providing for the
2413 issuance of bonds, the governing body may, in lieu of publishing the entire resolution or other
2414 proceeding, publish a notice of bonds to be issued, titled as such, containing:
2415 (a) the name of the issuer;
2416 (b) the purpose of the issue;
2417 (c) the type of bonds and the maximum principal amount which may be issued;
2418 (d) the maximum number of years over which the bonds may mature;
2419 (e) the maximum interest rate which the bonds may bear, if any;
2420 (f) the maximum discount from par, expressed as a percentage of principal amount, at
2421 which the bonds may be sold; and
2422 (g) the times and place where a copy of the resolution or other proceeding may be
2423 examined, which shall be:
2424 (i) at an office of the issuer;
2425 (ii) identified in the notice;
2426 (iii) during regular business hours of the issuer as described in the notice; and
2427 (iv) for a period of at least 30 days after the publication of the notice.
2428 (3) For a period of 30 days after the publication, any person in interest may contest:
2429 (a) the legality of such resolution or proceeding;
2430 (b) any bonds which may be authorized by such resolution or proceeding; or
2431 (c) any provisions made for the security and payment of the bonds.
2432 (4) A person shall contest the matters set forth in Subsection (3) by filing a verified
2433 written complaint in the district court of the county in which he resides within the 30-day
2434 period.
2435 (5) After the 30-day period, no person may contest the regularity, formality, or legality
2436 of the resolution or proceeding for any reason.
2437 Section 46. Section 11-14-318 is amended to read:
2438 11-14-318. Public hearing required.
2439 (1) Before issuing bonds authorized under this chapter, a local political subdivision
2440 shall:
2441 (a) in accordance with Subsection (2), provide public notice of the local political
2442 subdivision's intent to issue bonds; and
2443 (b) hold a public hearing:
2444 (i) if an election is required under this chapter:
2445 (A) no sooner than 30 days before the day on which the notice of election is published
2446 under Section 11-14-202 ; and
2447 (B) no later than five business days before the day on which the notice of election is
2448 published under Section 11-14-202 ; and
2449 (ii) to receive input from the public with respect to:
2450 (A) the issuance of the bonds; and
2451 (B) the potential economic impact that the improvement, facility, or property for
2452 which the bonds pay all or part of the cost will have on the private sector.
2453 (2) A local political subdivision shall:
2454 (a) publish the notice required by Subsection (1)(a):
2455 (i) (A) once each week for two consecutive weeks in the official newspaper described
2456 in Section 11-14-316 ; and
2457 [
2458 hearing required by Subsection (1)(b); and
2459 [
2460 (ii) in accordance with Section 45-1-101 , no less than 14 days before the public
2461 hearing required by Subsection (1)(b); and
2462 (b) ensure that the notice:
2463 (i) identifies:
2464 (A) the purpose for the issuance of the bonds;
2465 (B) the maximum principal amount of the bonds to be issued;
2466 (C) the taxes, if any, proposed to be pledged for repayment of the bonds; and
2467 (D) the time, place, and location of the public hearing; and
2468 (ii) informs the public that the public hearing will be held for the purposes described
2469 in Subsection (1)(b)(ii).
2470 Section 47. Section 11-14a-1 is amended to read:
2471 11-14a-1. Notice of debt issuance.
2472 (1) For purposes of this chapter:
2473 (a) (i) "Debt" includes bonds, lease purchase agreements, certificates of participation,
2474 and contracts with municipal building authorities.
2475 (ii) "Debt" does not include tax and revenue anticipation notes or refunding bonds.
2476 (b) (i) "Local government entity" means a county, city, town, school district, local
2477 district, or special service district.
2478 (ii) "Local government entity" does not mean an entity created by an interlocal
2479 agreement under Title 11, Chapter 13, Interlocal Cooperation Act that has assets over
2480 $10,000,000.
2481 (c) "New debt resolution" means a resolution authorizing the issuance of debt wholly
2482 or partially to fund a rejected project.
2483 (d) "Rejected Project" means a project for which a local government entity sought
2484 voter approval for general obligation bond financing and failed to receive that approval.
2485 (2) Unless a local government entity complies with the requirements of this section, it
2486 may not adopt a new debt resolution.
2487 (3) (a) Before adopting a new debt resolution, a local government entity shall:
2488 (i) advertise its intent to issue debt in a newspaper of general circulation[
2489 (A) (I) at least once each week for the two weeks before the meeting at which the
2490 resolution will be considered; and
2491 (II) on no less than 1/4 page or a 5 x7 inch advertisement with type size no smaller
2492 than 18 point and surrounded by a 1/4 inch border; and
2493 (B) in accordance with Section 45-1-101 , for the two weeks before the meeting at
2494 which the resolution will be considered; or
2495 (ii) include notice of its intent to issue debt in a bill or other mailing sent to at least
2496 95% of the residents of the local government entity.
2497 [
2498
2499
2500
2501 [
2502 [
2503 that it accompanies;
2504 [
2505 [
2506 (c) The local government entity shall ensure that the advertisement or notice described
2507 in Subsection (3)(a):
2508 (i) identifies the local government entity;
2509 (ii) states that the entity will meet on a day, time, and place identified in the
2510 advertisement or notice to hear public comments regarding a resolution authorizing the
2511 issuance of debt by the entity and to explain to the public the reasons for the issuance of debt;
2512 (iii) contains:
2513 (A) the name of the entity that will issue the debt;
2514 (B) the purpose of the debt; and
2515 (C) that type of debt and the maximum principal amount that may be issued;
2516 (iv) invites all concerned citizens to attend the public hearing; and
2517 (v) states that some or all of the proposed debt would fund a project whose general
2518 obligation bond financing was rejected by the voters.
2519 (4) (a) The resolution considered at the hearing shall identify:
2520 (i) the type of debt proposed to be issued;
2521 (ii) the maximum principal amount that might be issued;
2522 (iii) the interest rate;
2523 (iv) the term of the debt; and
2524 (v) how the debt will be repaid.
2525 (b) (i) Except as provided in Subsection (4)(b)(ii), the resolution considered at the
2526 hearing need not be in final form and need not be adopted or rejected at the meeting at which
2527 the public hearing is held.
2528 (ii) The local government entity may not, in the final resolution, increase the
2529 maximum principal amount of debt contained in the notice and discussed at the hearing.
2530 (c) The local government entity may adopt, amend and adopt, or reject the resolution
2531 at a later meeting without recomplying with the published notice requirements of this section.
2532 Section 48. Section 11-17-16 is amended to read:
2533 11-17-16. Publication of resolutions and notice of bonds to be issued.
2534 (1) (a) The governing body may provide for the publication of any resolution or other
2535 proceeding adopted by it under this chapter, including all resolutions providing for the sale or
2536 lease of any land by the municipality, county, or state university in connection with the
2537 establishment, acquisition, development, maintenance, and operation of an industrial park.
2538 (b) (i) The publication shall be:
2539 (A) in a newspaper qualified to carry legal notices having general circulation in the
2540 municipality or county[
2541 (B) in the case of a state university, in a newspaper of general circulation in the
2542 county within which the principal administrative office of the state university is located[
2543 (ii) as required in Section 45-1-101 .
2544 (2) In case of a resolution or other proceeding providing for the issuance of bonds, the
2545 governing body may, in lieu of publishing the entire resolution or other proceeding, publish a
2546 notice of bonds to be issued, titled as such, containing:
2547 (a) the name of the issuer;
2548 (b) the purpose of the issue;
2549 (c) the name of the users, if known; and
2550 (d) the times and place where a copy of the resolution or other proceeding may be
2551 examined, which shall be at an office of the issuer, identified in the notice, during regular
2552 business hours of the issuer as described in the notice and for a period of at least 30 days after
2553 the publication of the notice.
2554 (3) For a period of 30 days after publication any person in interest may contest the
2555 legality of the resolution, proceeding, any bonds which may be authorized under them, or any
2556 provisions made for the security and payment of the bonds. After expiration of the 30-day
2557 period no person may contest the regularity, formality, or legality of the resolution,
2558 proceedings, bonds, or security provisions for any cause.
2559 Section 49. Section 11-27-4 is amended to read:
2560 11-27-4. Publication of resolution -- Notice of bond issue -- Contest of resolution
2561 or proceeding.
2562 (1) The governing body of any public body may provide for the publication of any
2563 resolution or other proceeding adopted by it under this chapter:
2564 (a) in a newspaper having general circulation in the public body[
2565 (b) as required in Section 45-1-101 .
2566 (2) In case of a resolution or other proceeding providing for the issuance of refunding
2567 bonds (or for a combined issue of refunding bonds and bonds issued for any other purpose),
2568 the governing body may, instead of publishing the entire resolution or other proceeding,
2569 publish a notice of bonds to be issued, entitled accordingly, and containing:
2570 (a) the name of the issuer[
2571 (b) the purposes of the issue[
2572 (c) the maximum principal amount which may be issued[
2573 (d) the maximum number of years over which the bonds may mature[
2574 (e) the maximum interest rate which the bonds may bear[
2575 (f) the maximum discount from par, expressed as a percentage of principal amount, at
2576 which the bonds may be sold, and any deposit to be required in connection with the sale[
2577 and
2578 (g) the times and place where a copy of the resolution or other proceeding authorizing
2579 the issuance of the bonds may be examined, which shall be at an office of the governing body
2580 identified in the notice, during regular business hours of the governing body as described in
2581 the notice and for a period of at least 30 days after the publication of the notice.
2582 (3) For a period of 30 days after the publication, any person in interest shall have the
2583 right to contest the legality of the resolution or proceeding or any bonds which may be so
2584 authorized or any provisions made for the security and payment of these bonds; and after this
2585 time no person shall have any cause of action to contest the regularity, formality, or legality
2586 thereof for any cause.
2587 Section 50. Section 11-27-5 is amended to read:
2588 11-27-5. Negotiability of bonds -- Intent and construction of chapter -- Budget
2589 for payment of bonds -- Proceedings limited to those required by chapter -- No election
2590 required -- Application of chapter.
2591 (1) Refunding bonds shall have all the qualities of negotiable paper, shall be
2592 incontestable in the hands of bona fide purchasers or holders for value, and shall not be invalid
2593 for any irregularity or defect in the proceedings for their issuance and sale. This chapter is
2594 intended to afford an alternative method for the issuance of refunding bonds by public bodies
2595 and shall not be so construed as to deprive any public body of the right to issue bonds for
2596 refunding purposes under authority of any other statute, but this chapter, nevertheless, shall
2597 constitute full authority for the issue and sale of refunding bonds by public bodies. Section
2598 11-1-1 [
2599 (2) Any public body subject to any budget law shall in its annual budget make proper
2600 provision for the payment of principal and interest currently falling due on refunding bonds,
2601 but no provision need be made in the budget prior to the issuance of the refunding bonds for
2602 their issuance or for the expenditure of the proceeds from them.
2603 (3) (a) No ordinance, resolution, or proceeding concerning the issuance of refunding
2604 bonds nor the publication of any resolution, proceeding, or notice relating to the issuance of
2605 the refunding bonds shall be necessary except as specifically required by this chapter. [
2606 (b) A publication made under this chapter may be made:
2607 (i) in any newspaper in which legal notices may be published under the laws of Utah,
2608 without regard to its designation as the official journal or newspaper of the public body[
2609 (ii) as required in Section 45-1-101 .
2610 (4) No resolution adopted or proceeding taken under this chapter shall be subject to
2611 any referendum petition or to an election other than as required by this chapter. All
2612 proceedings adopted under this chapter may be adopted on a single reading at any
2613 legally-convened meeting of the governing body. This chapter shall apply to all bonds issued
2614 and outstanding at the time this chapter takes effect as well as to bonds issued after this
2615 chapter takes effect.
2616 Section 51. Section 11-30-5 is amended to read:
2617 11-30-5. Publication of order for hearing.
2618 (1) Prior to the date set for hearing, the clerk of the court shall cause the order to be
2619 published:
2620 (a) once each week for three consecutive weeks:
2621 (i) in a newspaper published or of general circulation within the boundaries of the
2622 public body; or[
2623 (ii) if the public body has no defined boundaries or there is no newspaper published or
2624 of general circulation within the defined boundaries, a newspaper reasonably calculated to
2625 notify all parties, which has been approved by the court[
2626 (b) in accordance with Section 45-1-101 for three weeks.
2627 (2) If a refunding bond is being validated, all holders of the bonds to be refunded may
2628 be made defendants to the action, in which case notice may be made, and if so made shall be
2629 considered sufficient, by mailing a copy of the order to each holder's last-known address.
2630 (3) By publication of the order, all defendants shall have been duly served and shall be
2631 parties to the proceedings.
2632 Section 52. Section 11-32-10 is amended to read:
2633 11-32-10. Application to other laws and proceedings.
2634 (1) This chapter is supplemental to all existing laws relating to the collection of
2635 delinquent taxes by participant members.
2636 (2) (a) No ordinance, resolution, or proceeding in respect to any transaction authorized
2637 by this chapter is necessary except as specifically required in this chapter nor is the
2638 publication of any resolution, proceeding, or notice relating to any transaction authorized by
2639 this chapter necessary except as required by this chapter. [
2640 (b) A publication made under this chapter may be made:
2641 (i) in [
2642 notices may be published under the laws of Utah, without regard to the designation of it as the
2643 official journal or newspaper of the public body[
2644 (ii) as required in Section 45-1-101 .
2645 (c) No resolution adopted or proceeding taken under this chapter may be subject to
2646 referendum petition or to an election other than as permitted in this chapter.
2647 (d) All proceedings adopted under this chapter may be adopted on a single reading at
2648 any legally convened meeting of the governing body or bodies or the board of trustees of the
2649 authority as appropriate.
2650 (3) Any formal action or proceeding taken by the governing body of a county or other
2651 public body or the board of trustees of an authority under the authority of this chapter may be
2652 taken by resolution of the governing body or the board of trustees as appropriate.
2653 (4) This chapter shall apply to all authorities created, assignment agreements executed,
2654 and bonds issued after this chapter takes effect.
2655 (5) All proceedings taken before the effective date of this chapter by a county or other
2656 public body in connection with the creation and operation of a financing authority are
2657 validated, ratified, approved, and confirmed.
2658 Section 53. Section 11-32-11 is amended to read:
2659 11-32-11. Publication of resolutions -- Notice -- Content.
2660 (1) The governing body of any county, or the board of trustees of any financing
2661 authority, may provide for the publication of any resolution or other proceeding adopted by it
2662 under this chapter:
2663 (a) in a newspaper having general circulation in the county[
2664 (b) as required in Section 45-1-101 .
2665 (2) In case of a resolution or other proceeding providing for the issuance of bonds, the
2666 board of trustees of a financing authority may, in lieu of publishing the entire resolution or
2667 other proceeding, publish a notice of bonds to be issued, titled as such, containing:
2668 (a) the name of the financing authority and the participant members;
2669 (b) the purposes of the issue;
2670 (c) the maximum principal amount which may be issued;
2671 (d) the maximum number of years over which the bonds may mature;
2672 (e) the maximum interest rate which the bonds may bear;
2673 (f) the maximum discount from par, expressed as a percentage of principal amount, at
2674 which the bonds may be sold; and
2675 (g) the time and place where a copy of the resolution or other proceedings authorizing
2676 the issuance of the bonds may be examined, which shall be at an office of the financing
2677 authority, identified in the notice, during regular business hours of the financing authority as
2678 described in the notice and for a period of at least 30 days after the publication of the notice.
2679 (3) For a period of 30 days after the publication, any person in interest may contest the
2680 legality of the resolution or proceeding or any bonds or assignment agreements which may be
2681 authorized by them or any provisions made for the security and payment of the bonds or for
2682 the security and payment of the assignment agreement. After such time no person has any
2683 cause of action to contest the regularity, formality, or legality of same for any cause.
2684 Section 54. Section 11-39-103 is amended to read:
2685 11-39-103. Requirements for undertaking a building improvement or public
2686 works project -- Request for bids -- Authority to reject bids.
2687 (1) If the estimated cost of the building improvement or public works project exceeds
2688 the bid limit, the local entity shall, if it determines to proceed with the building improvement
2689 or public works project:
2690 (a) (i) request bids for completion of the building improvement or public works
2691 project by:
2692 [
2693 circulation in the local entity at least five days before opening the bids; or
2694 [
2695 as described in Subsection (1)(a)(i)(A), posting notice at least five days before opening the
2696 bids in at least five public places in the local entity and leaving the notice posted for at least
2697 three days; and
2698 (ii) publishing notice in accordance with Section 45-1-101 , at least five days before
2699 opening the bids; and
2700 (b) except as provided in Subsection (3), enter into a contract for the completion of the
2701 building improvement or public works project with:
2702 (i) the lowest responsive responsible bidder; or
2703 (ii) for a design-build project that the local entity began formulating before March 1,
2704 2004 and with respect to which a contract is entered into before September 1, 2004, a
2705 responsible bidder that:
2706 (A) offers design-build services; and
2707 (B) satisfies the local entity's criteria relating to financial strength, past performance,
2708 integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder
2709 to perform fully and in good faith the contract requirements for a design-build project.
2710 (2) (a) Each notice under Subsection (1)(a) shall indicate that the local entity may
2711 reject any or all bids submitted.
2712 (b) (i) The cost of a building improvement or public works project may not be divided
2713 to avoid:
2714 (A) exceeding the bid limit; and
2715 (B) subjecting the local entity to the requirements of this section.
2716 (ii) Notwithstanding Subsection (2)(b)(i), a local entity may divide the cost of a
2717 building improvement or public works project that would, without dividing, exceed the bid
2718 limit if the local entity complies with the requirements of this section with respect to each part
2719 of the building improvement or public works project that results from dividing the cost.
2720 (3) (a) The local entity may reject any or all bids submitted.
2721 (b) If the local entity rejects all bids submitted but still intends to undertake the
2722 building improvement or public works project, the local entity shall again request bids by
2723 following the procedure provided in Subsection (1)(a).
2724 (c) If, after twice requesting bids by following the procedure provided in Subsection
2725 (1)(a), the local entity determines that no satisfactory bid has been submitted, the governing
2726 body may undertake the building improvement or public works project as it considers
2727 appropriate.
2728 Section 55. Section 11-42-202 is amended to read:
2729 11-42-202. Requirements applicable to a notice of a proposed assessment area
2730 designation.
2731 (1) Each notice required under Subsection 11-42-201 (2)(a) shall:
2732 (a) state that the local entity proposes to:
2733 (i) designate one or more areas within the local entity's jurisdictional boundaries as an
2734 assessment area;
2735 (ii) provide an improvement to property within the proposed assessment area; and
2736 (iii) finance some or all of the cost of improvements by an assessment on benefitted
2737 property within the assessment area;
2738 (b) describe the proposed assessment area by any reasonable method that allows an
2739 owner of property in the proposed assessment area to determine that the owner's property is
2740 within the proposed assessment area;
2741 (c) describe, in a general way, the improvements to be provided to the assessment
2742 area, including:
2743 (i) the general nature of the improvements; and
2744 (ii) the general location of the improvements, by reference to streets or portions or
2745 extensions of streets or by any other means that the governing body chooses that reasonably
2746 describes the general location of the improvements;
2747 (d) a statement of the estimated cost of the improvements as determined by a project
2748 engineer;
2749 (e) a statement that the local entity proposes to levy an assessment on benefitted
2750 property within the assessment area to pay some or all of the cost of the improvements
2751 according to the estimated direct and indirect benefits to the property from the improvements;
2752 (f) a statement of the assessment method by which the assessment is proposed to be
2753 levied;
2754 (g) a statement of the time within which and the location at which protests against
2755 designation of the proposed assessment area or of the proposed improvements are required to
2756 be filed and the method by which the number of protests required to defeat the designation of
2757 the proposed assessment area or acquisition or construction of the proposed improvements are
2758 to be determined;
2759 (h) state the date, time, and place of the public hearing under Section 11-42-204 ;
2760 (i) if the governing body elects to create and fund a reserve fund under Section
2761 11-42-702 , a description of how the reserve fund will be funded and replenished and how
2762 remaining money in the reserve fund is to be disbursed upon full payment of the bonds;
2763 (j) if the governing body intends to designate a voluntary assessment area, a property
2764 owner consent form that:
2765 (i) estimates the total assessment to be levied against the particular parcel of property;
2766 (ii) describes any additional benefits that the governing body expects the assessed
2767 property to receive from the improvements; and
2768 (iii) designates the date and time by which the fully executed consent form is required
2769 to be submitted to the governing body;
2770 (k) if the local entity intends to levy an assessment to pay operation and maintenance
2771 costs or for economic promotion activities:
2772 (i) a description of the operation and maintenance costs or economic promotion
2773 activities to be paid by assessments and the initial estimated annual assessment to be levied;
2774 (ii) a description of how the estimated assessment will be determined;
2775 (iii) a description of how and when the governing body will adjust the assessment to
2776 reflect current operation and maintenance costs or the costs of current economic promotion
2777 activities;
2778 (iv) a description of the method of assessment if different from the method of
2779 assessment to be used for financing any improvement; and
2780 (v) a statement of the maximum number of years over which the assessment for
2781 operation and maintenance or economic promotion activities will be levied; and
2782 (l) if the governing body intends to divide the proposed assessment area into zones
2783 under Subsection 11-42-201 (1)(b), a description of the proposed zones.
2784 (2) A notice required under Subsection 11-42-201 (2)(a) may contain other information
2785 that the governing body considers to be appropriate, including:
2786 (a) the amount or proportion of the cost of the improvement to be paid by the local
2787 entity or from sources other than an assessment;
2788 (b) the estimated amount of each type of assessment for the various improvements to
2789 be financed according to the method of assessment that the governing body chooses; and
2790 (c) provisions for any optional improvements.
2791 (3) Each notice required under Subsection 11-42-201 (2)(a) shall:
2792 (a) (i) (A) be published in a newspaper of general circulation within the local entity's
2793 jurisdictional boundaries, once a week for four consecutive weeks, with the last publication at
2794 least five but not more than 20 days before the deadline under Section 11-42-203 for filing
2795 protests; or
2796 [
2797 jurisdictional boundaries, be posted in at least three public places within the local entity's
2798 jurisdictional boundaries at least 20 but not more than 35 days before the deadline under
2799 Section 11-42-203 for filing protests; and
2800 (ii) be published in accordance with Section 45-1-101 for four weeks before the
2801 deadline under Section 11-42-203 for filing protests; and
2802 (b) be mailed, postage prepaid, within ten days after the first publication or posting of
2803 the notice under Subsection (3)(a) to each owner of property to be assessed within the
2804 proposed assessment area at the property owner's mailing address.
2805 Section 56. Section 11-42-301 is amended to read:
2806 11-42-301. Improvements made only under contract let to lowest responsive,
2807 responsible bidder -- Publishing notice -- Sealed bids -- Procedure -- Exceptions to
2808 contract requirement.
2809 (1) Except as otherwise provided in this section, a local entity may make
2810 improvements in an assessment area only under contract let to the lowest responsive,
2811 responsible bidder for the kind of service, material, or form of construction that the local
2812 entity's governing body determines in compliance with any applicable local entity ordinances.
2813 (2) A local entity may:
2814 (a) divide improvements into parts;
2815 (b) (i) let separate contracts for each part; or
2816 (ii) combine multiple parts into the same contract; and
2817 (c) let a contract on a unit basis.
2818 (3) (a) A local entity may not let a contract until after publishing notice as provided in
2819 Subsection (3)(b):
2820 (i) at least one time in a newspaper of general circulation within the boundaries of the
2821 local entity at least 15 days before the date specified for receipt of bids[
2822 (ii) in accordance with Section 45-1-101 , at least 15 days before the date specified for
2823 receipt of bids.
2824 (b) Each notice under Subsection (3)(a) shall notify contractors that the local entity
2825 will receive sealed bids at a specified time and place for the construction of the improvements.
2826 (c) Notwithstanding a local entity's failure, through inadvertence or oversight, to
2827 publish the notice or to publish the notice within 15 days before the date specified for receipt
2828 of bids, the governing body may proceed to let a contract for the improvements if the local
2829 entity receives at least three sealed and bona fide bids from contractors by the time specified
2830 for the receipt of bids.
2831 (d) A local entity may publish a notice required under this Subsection (3) at the same
2832 time as a notice under Section 11-42-202 .
2833 (4) (a) A local entity may accept as a sealed bid a bid that is:
2834 (i) manually sealed and submitted; or
2835 (ii) electronically sealed and submitted.
2836 (b) The governing body or project engineer shall, at the time specified in the notice
2837 under Subsection (3), open and examine the bids.
2838 (c) In open session, the governing body:
2839 (i) shall declare the bids; and
2840 (ii) may reject any or all bids if the governing body considers the rejection to be for
2841 the public good.
2842 (d) The local entity may award the contract to the lowest responsive, responsible
2843 bidder even if the price bid by that bidder exceeds the estimated costs as determined by the
2844 project engineer.
2845 (e) A local entity may in any case:
2846 (i) refuse to award a contract;
2847 (ii) obtain new bids after giving a new notice under Subsection (3);
2848 (iii) determine to abandon the assessment area; or
2849 (iv) not make some of the improvements proposed to be made.
2850 (5) A local entity is not required to let a contract as provided in this section for:
2851 (a) an improvement or part of an improvement the cost of which or the making of
2852 which is donated or contributed;
2853 (b) an improvement that consists of furnishing utility service or maintaining
2854 improvements;
2855 (c) labor, materials, or equipment supplied by the local entity;
2856 (d) the local entity's acquisition of completed or partially completed improvements in
2857 an assessment area;
2858 (e) design, engineering, and inspection costs incurred with respect to the construction
2859 of improvements in an assessment area; or
2860 (f) additional work performed in accordance with the terms of a contract duly let to the
2861 lowest responsible bidder.
2862 (6) A local entity may itself furnish utility service and maintain improvements within
2863 an assessment area.
2864 (7) (a) A local entity may acquire completed or partially completed improvements in
2865 an assessment area, but may not pay an amount for those improvements that exceeds their fair
2866 market value.
2867 (b) Upon the local entity's payment for completed or partially completed
2868 improvements, title to the improvements shall be conveyed to the local entity or another public
2869 agency.
2870 (8) The provisions of Title 11, Chapter 39, Building Improvements and Public Works
2871 Projects, and Section 72-6-108 do not apply to improvements to be constructed in an
2872 assessment area.
2873 Section 57. Section 11-42-402 is amended to read:
2874 11-42-402. Notice of assessment and board of equalization hearing.
2875 Each notice required under Subsection 11-42-401 (2)(a)(iii) shall:
2876 (1) state:
2877 (a) that an assessment list is completed and available for examination at the offices of
2878 the local entity;
2879 (b) the total estimated or actual cost of the improvements;
2880 (c) the amount of the total estimated or actual cost of the proposed improvements to be
2881 paid by the local entity;
2882 (d) the amount of the assessment to be levied against benefitted property within the
2883 assessment area;
2884 (e) the assessment method used to calculate the proposed assessment;
2885 (f) the unit cost used to calculate the assessments shown on the assessment list, based
2886 on the assessment method used to calculate the proposed assessment; and
2887 (g) the dates, times, and place of the board of equalization hearings under Subsection
2888 11-42-401 (2)(b);
2889 (2) beginning at least 20 but not more than 35 days before the first hearing of the
2890 board of equalization:
2891 (a) (i) be published at least once in a newspaper of general circulation within the local
2892 entity's jurisdictional boundaries; or
2893 [
2894 jurisdictional boundaries, be posted in at least three public places within the local entity's
2895 jurisdictional boundaries; and
2896 (b) be published in accordance with Section 45-1-101 for 35 days before the first
2897 hearing of the board of equalization; and
2898 (3) be mailed, postage prepaid, within ten days after the first publication or posting of
2899 the notice under Subsection (2) to each owner of property to be assessed within the proposed
2900 assessment area at the property owner's mailing address.
2901 Section 58. Section 11-42-404 is amended to read:
2902 11-42-404. Adoption of a resolution or ordinance levying an assessment -- Notice
2903 of the adoption -- Effective date of resolution or ordinance -- Notice of assessment
2904 interest.
2905 (1) (a) After receiving a final report from a board of equalization under Subsection
2906 11-42-403 (5) or, if applicable, after the time for filing an appeal under Subsection
2907 11-42-403 (6) has passed, the governing body may adopt a resolution or ordinance levying an
2908 assessment against benefitted property within the assessment area.
2909 (b) Each local entity that levies an assessment under this chapter shall levy the
2910 assessment at one time only, unless the assessment is to pay operation and maintenance costs
2911 or the costs of economic promotion activities.
2912 (c) An assessment resolution or ordinance adopted under Subsection (1)(a):
2913 (i) need not describe each tract, block, lot, part of block or lot, or parcel of property to
2914 be assessed;
2915 (ii) need not include the legal description or tax identification number of the parcels of
2916 property assessed in the assessment area; and
2917 (iii) is adequate for purposes of identifying the property to be assessed within the
2918 assessment area if the assessment resolution or ordinance incorporates by reference the
2919 corrected assessment list that describes the property assessed by legal description and tax
2920 identification number.
2921 (2) (a) Each local entity that adopts an assessment resolution or ordinance shall give
2922 notice of the adoption by:
2923 (i) (A) publishing a copy of the resolution or ordinance once in a newspaper of general
2924 circulation within the local entity's jurisdictional boundaries; or
2925 [
2926 jurisdictional boundaries as described in Subsection (2)(a)(i)(A), posting a copy of the
2927 resolution or ordinance in at least three public places within the local entity's jurisdictional
2928 boundaries for at least 21 days[
2929 (ii) publishing, in accordance with Section 45-1-101 , a copy of the resolution or
2930 ordinance for at least 21 days.
2931 (b) No other publication or posting of the resolution or ordinance is required.
2932 (3) Notwithstanding any other statutory provision regarding the effective date of a
2933 resolution or ordinance, each assessment resolution or ordinance takes effect:
2934 (a) on the date of publication or posting of the notice under Subsection (2); or
2935 (b) at a later date provided in the resolution or ordinance.
2936 (4) (a) The governing body of each local entity that has adopted an assessment
2937 resolution or ordinance under Subsection (1) shall, within five days after the 25-day
2938 prepayment period under Subsection 11-42-411 (6) has passed, file a notice of assessment
2939 interest with the recorder of the county in which the assessed property is located.
2940 (b) Each notice of assessment interest under Subsection (4)(a) shall:
2941 (i) state that the local entity has an assessment interest in the assessed property;
2942 (ii) if the assessment is to pay operation and maintenance costs or for economic
2943 promotion activities, state the maximum number of years over which an assessment will be
2944 payable; and
2945 (iii) describe the property assessed by legal description and tax identification number.
2946 (c) A local entity's failure to file a notice of assessment interest under this Subsection
2947 (4) has no affect on the validity of an assessment levied under an assessment resolution or
2948 ordinance adopted under Subsection (1).
2949 Section 59. Section 11-42-604 is amended to read:
2950 11-42-604. Notice regarding resolution or ordinance authorizing interim
2951 warrants or bond anticipation notes -- Complaint contesting warrants or notes --
2952 Prohibition against contesting warrants and notes.
2953 (1) A local entity may publish notice, as provided in Subsection (2), of a resolution or
2954 ordinance that the governing body has adopted authorizing the issuance of interim warrants or
2955 bond anticipation notes.
2956 (2) (a) If a local entity chooses to publish notice under Subsection (1)(a), the notice
2957 shall:
2958 (i) be published:
2959 (A) in a newspaper of general circulation within the local entity; and
2960 (B) as required in Section 45-1-101 ; and
2961 (ii) contain:
2962 (A) the name of the issuer of the interim warrants or bond anticipation notes;
2963 (B) the purpose of the issue;
2964 (C) the maximum principal amount that may be issued;
2965 (D) the maximum length of time over which the interim warrants or bond anticipation
2966 notes may mature;
2967 (E) the maximum interest rate, if there is a maximum rate; and
2968 (F) the times and place where a copy of the resolution or ordinance may be examined,
2969 as required under Subsection (2)(b).
2970 (b) The local entity shall allow examination of the resolution or ordinance authorizing
2971 the issuance of the interim warrants or bond anticipation notes at its office during regular
2972 business hours.
2973 (3) Any person may, within 30 days after publication of a notice under Subsection (1),
2974 file a verified, written complaint in the district court of the county in which the person resides,
2975 contesting the regularity, formality, or legality of the interim warrants or bond anticipation
2976 notes issued by the local entity or the proceedings relating to the issuance of the interim
2977 warrants or bond anticipation notes.
2978 (4) After the 30-day period under Subsection (3), no person may contest the regularity,
2979 formality, or legality of the interim warrants or bond anticipation notes issued by a local entity
2980 under the resolution or ordinance that was the subject of the notice under Subsection (1), or
2981 the proceedings relating to the issuance of the interim warrants or bond anticipation notes.
2982 Section 60. Section 13-31-302 is amended to read:
2983 13-31-302. Sale of molds for payment of lien.
2984 (1) (a) Prior to selling a mold, the molder shall send written notice by registered mail
2985 to the last-known address of the customer.
2986 (b) The notice required by Subsection (1)(a) shall include:
2987 (i) the molder's intention to sell the mold 30 days from the day the customer received
2988 the notice;
2989 (ii) the description of the mold to be sold;
2990 (iii) the time and place of the sale; and
2991 (iv) an itemized statement for the amount due the molder from the customer.
2992 (c) A molder shall publish notice of the molder's intention to sell a mold in a
2993 newspaper of general circulation covering the customer's last-known address[
2994 in Section 45-1-101 if:
2995 (i) the receipt of the mailing of the notice described in Subsection (1)(a) is not
2996 returned; or
2997 (ii) the postal service returns the notice described in Subsection (1)(a) as being
2998 nondeliverable.
2999 (d) The notice provided for in Subsection (1)(c) shall include a description of the
3000 mold.
3001 (2) A molder may sell a mold 30 days from the later of the day:
3002 (a) the customer received the notice in accordance with Subsection (1)(a); or
3003 (b) the date the molder published the notice under Subsection (1)(c).
3004 (3) If from the sale of a mold under this section the molder receives an amount in
3005 excess of the amount of the lien, the excess shall be paid as follows:
3006 (a) to any prior lienholder known to the molder at the time of the sale; and
3007 (b) after paying any lienholder under Subsection (3)(a), the remainder:
3008 (i) if the customer's address is known at the time of sale, to the customer; or
3009 (ii) if the customer's address is not known at the time of sale, to the state in accordance
3010 with Title 67, Chapter 4a, Unclaimed Property Act.
3011 Section 61. Section 13-44-202 is amended to read:
3012 13-44-202. Personal information -- Disclosure of system security breach.
3013 (1) (a) A person who owns or licenses computerized data that includes personal
3014 information concerning a Utah resident shall, when the person becomes aware of a breach of