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49 10-2-108, as repealed and reenacted by Laws of Utah 1997, Chapter 389
50 10-2-111, as repealed and reenacted by Laws of Utah 1997, Chapter 389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