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S.B. 89 Enrolled
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7 LONG TITLE
8 General Description:
9 This bill amends legal notice requirements.
10 Highlighted Provisions:
11 This bill:
12 . modifies provisions relating to public notices on websites;
13 . modifies provisions requiring the publication of notice of a public meeting or
14 hearing so that the notice is published on the Utah Public Notice Website rather
15 than a website for legal notices;
16 . clarifies publication requirements for a notice subject to legal notice publication
17 and the Open and Public Meetings Act;
18 . adds a requirement to publish notice to the Utah Public Notice Website to certain
19 provisions requiring the publication of notice;
20 . modifies an advertisement for bids publication requirement applicable to the
21 Department of Transportation; and
22 . makes technical changes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill coordinates with H.B. 216, Incorporation of a Town Amendments, by
27 providing superseding, technical amendments.
28 Utah Code Sections Affected:
29 AMENDS:
30 4-30-5, as last amended by Laws of Utah 2009, Chapter 388
31 7-1-706, as last amended by Laws of Utah 2009, Chapter 388
32 10-2-108, as last amended by Laws of Utah 2009, Chapter 388
33 10-2-114, as last amended by Laws of Utah 2009, Chapter 388
34 10-2-125, as last amended by Laws of Utah 2009, Chapters 350 and 388
35 10-2-407, as last amended by Laws of Utah 2009, Chapters 205 and 388
36 10-2-415, as last amended by Laws of Utah 2009, Chapter 388
37 10-2-418, as last amended by Laws of Utah 2009, Chapters 230, 350, and 388
38 10-2-419, as last amended by Laws of Utah 2009, Chapters 218, 350, and 388
39 10-2-502.5, as last amended by Laws of Utah 2009, Chapter 388
40 10-3-818, as last amended by Laws of Utah 2009, Chapter 388
41 10-5-108, as last amended by Laws of Utah 2009, Chapter 388
42 10-6-113, as last amended by Laws of Utah 2009, Chapter 388
43 10-8-2, as last amended by Laws of Utah 2009, Chapter 388
44 10-9a-204, as last amended by Laws of Utah 2009, Chapter 388
45 10-9a-205, as last amended by Laws of Utah 2009, Chapter 388
46 10-9a-208, as last amended by Laws of Utah 2009, Chapters 338 and 388
47 10-18-203, as last amended by Laws of Utah 2009, Chapter 388
48 10-18-302, as last amended by Laws of Utah 2009, Chapter 388
49 11-14-202, as last amended by Laws of Utah 2009, Chapter 388
50 11-42-402, as last amended by Laws of Utah 2009, Chapter 388
51 17-27a-204, as last amended by Laws of Utah 2009, Chapter 388
52 17-27a-205, as last amended by Laws of Utah 2009, Chapter 388
53 17-27a-208, as last amended by Laws of Utah 2009, Chapters 338 and 388
54 17-27a-306, as last amended by Laws of Utah 2009, Chapters 205 and 388
55 17-27a-404, as last amended by Laws of Utah 2009, Chapter 388
56 17-36-12, as last amended by Laws of Utah 2009, Chapter 388
57 17-36-26, as last amended by Laws of Utah 2009, Chapter 388
58 17-41-304, as last amended by Laws of Utah 2009, Chapter 388
59 17-41-405, as last amended by Laws of Utah 2009, Chapter 388
60 17B-1-211, as last amended by Laws of Utah 2009, Chapter 388
61 17B-1-413, as last amended by Laws of Utah 2009, Chapter 388
62 17B-1-417, as last amended by Laws of Utah 2009, Chapters 350 and 388
63 17B-1-609, as last amended by Laws of Utah 2009, Chapters 204 and 388
64 17B-1-1204, as last amended by Laws of Utah 2009, Chapter 388
65 17B-1-1307, as last amended by Laws of Utah 2009, Chapter 388
66 17C-1-601, as last amended by Laws of Utah 2009, Chapters 387 and 388
67 17C-2-403, as last amended by Laws of Utah 2009, Chapter 388
68 17C-4-202, as last amended by Laws of Utah 2009, Chapters 387 and 388
69 17C-4-302, as last amended by Laws of Utah 2009, Chapter 388
70 19-2-109, as last amended by Laws of Utah 2009, Chapter 388
71 20A-7-204.1, as last amended by Laws of Utah 2009, Chapter 388
72 45-1-101, as last amended by Laws of Utah 2009, First Special Session, Chapter 5
73 53A-3-202, as last amended by Laws of Utah 2009, Chapter 388
74 53A-3-402, as last amended by Laws of Utah 2009, Chapters 277 and 388
75 53B-7-101.5, as last amended by Laws of Utah 2009, Chapter 388
76 54-8-10, as last amended by Laws of Utah 2009, Chapter 388
77 54-8-16, as last amended by Laws of Utah 2009, Chapter 388
78 57-11-11, as last amended by Laws of Utah 2009, Chapter 388
79 59-2-919, as last amended by Laws of Utah 2009, Chapters 162, 204, and 388
80 59-2-919.2, as enacted by Laws of Utah 2009, Chapter 162
81 59-12-1102, as last amended by Laws of Utah 2009, Chapters 385 and 388
82 63G-9-303, as last amended by Laws of Utah 2009, Chapter 388
83 63H-1-701, as last amended by Laws of Utah 2009, Chapter 388
84 63H-2-204, as enacted by Laws of Utah 2009, Chapter 378
85 72-3-108, as last amended by Laws of Utah 2009, Chapter 388
86 72-5-105, as last amended by Laws of Utah 2009, Chapter 388
87 72-6-107, as last amended by Laws of Utah 2009, Chapter 217
88 73-1-16, as last amended by Laws of Utah 2009, Chapter 388
89 73-5-14, as last amended by Laws of Utah 2009, Chapter 388
90 75-1-401, as last amended by Laws of Utah 2009, Chapter 388
91 Utah Code Sections Affected by Coordination Clause:
92 10-2-125, as last amended by Laws of Utah 2009, Chapters 350 and 388
93
94 Be it enacted by the Legislature of the state of Utah:
95 Section 1. Section 4-30-5 is amended to read:
96 4-30-5. Hearing on license application -- Notice of hearing.
97 (1) Upon the filing of an application, the chairman of the Livestock Market
98 Committee shall set a time for hearing on the application in the city or town nearest the
99 proposed site of the livestock market and cause notice of the time and place of the hearing
100 together with a copy of the application to be forwarded by mail, not less than 15 days before
101 the hearing date, to the following:
102 (a) each licensed livestock market operator within the state; and
103 (b) each livestock or other interested association or group of persons in the state that
104 has filed written notice with the committee requesting receipt of notice of such hearings.
105 (2) Notice of the hearing shall be published 14 days before the scheduled hearing date:
106 (a) in a daily or weekly newspaper of general circulation within the city or town where
107 the hearing is scheduled; and
108 (b) [
109 Section 63F-1-701 .
110 Section 2. Section 7-1-706 is amended to read:
111 7-1-706. Application to commissioner to exercise power -- Procedure.
112 (1) Except as provided in Sections 7-1-704 and 7-1-705 , by filing a request for agency
113 action with the commissioner, any person may request the commissioner to:
114 (a) issue any rule or order;
115 (b) exercise any powers granted to the commissioner under this title; or
116 (c) act on any matter that is subject to the approval of the commissioner.
117 (2) Within 10 days of receipt of the request, the commissioner shall, at the applicant's
118 expense, cause a supervisor to make a careful investigation of the facts relevant or material to
119 the request.
120 (3) (a) The supervisor shall submit written findings and recommendations to the
121 commissioner.
122 (b) The application, any additional information furnished by the applicant, and the
123 findings and recommendations of the supervisor may be inspected by any person at the office
124 of the commissioner, except those portions of the application or report that the commissioner
125 designates as confidential to prevent a clearly unwarranted invasion of privacy.
126 (4) (a) If a hearing is held concerning the request, the commissioner shall publish
127 notice of the hearing at the applicant's expense:
128 (i) in a newspaper of general circulation within the county where the applicant is
129 located at least once a week for three successive weeks before the date of the hearing; and
130 (ii) [
131 Section 63F-1-701 , for three weeks before the date of the hearing.
132 (b) The notice required by Subsection (4)(a) shall include the information required by
133 the department's rules.
134 (c) The commissioner shall act upon the request within 30 days after the close of the
135 hearing, based on the record before the commissioner.
136 (5) (a) If no hearing is held, the commissioner shall approve or disapprove the request
137 within 90 days of receipt of the request based on:
138 (i) the application;
139 (ii) additional information filed with the commissioner; and
140 (iii) the findings and recommendations of the supervisor.
141 (b) The commissioner shall act on the request by issuing findings of fact, conclusions,
142 and an order, and shall mail a copy of each to:
143 (i) the applicant;
144 (ii) all persons who have filed protests to the granting of the application; and
145 (iii) other persons that the commissioner considers should receive copies.
146 (6) The commissioner may impose any conditions or limitations on the approval or
147 disapproval of a request that the commissioner considers proper to:
148 (a) protect the interest of creditors, depositors, and other customers of an institution;
149 (b) protect its shareholders or members; and
150 (c) carry out the purposes of this title.
151 Section 3. Section 10-2-108 is amended to read:
152 10-2-108. Public hearings on feasibility study results -- Notice of hearings.
153 (1) If the results of the feasibility study or supplemental feasibility study meet the
154 requirements of Subsection 10-2-109 (3), the county legislative body shall, at its next regular
155 meeting after receipt of the results of the feasibility study or supplemental feasibility study,
156 schedule at least two public hearings to be held:
157 (a) within the following 60 days;
158 (b) at least seven days apart;
159 (c) in geographically diverse locations within the proposed city; and
160 (d) for the purpose of allowing:
161 (i) the feasibility consultant to present the results of the study; and
162 (ii) the public to become informed about the feasibility study results and to ask
163 questions about those results of the feasibility consultant.
164 (2) (a) (i) The county clerk shall publish notice of the public hearings required under
165 Subsection (1):
166 (A) at least once a week for three successive weeks in a newspaper of general
167 circulation within the proposed city; and
168 (B) [
169 in Section 63F-1-701 , for three weeks.
170 (ii) The last publication of notice required under Subsection (2)(a)(i)(A) shall be at
171 least three days before the first public hearing required under Subsection (1).
172 (b) (i) If, under Subsection (2)(a)(i)(A), there is no newspaper of general circulation
173 within the proposed city, the county clerk shall post at least one notice of the hearings per
174 1,000 population in conspicuous places within the proposed city that are most likely to give
175 notice of the hearings to the residents of the proposed city.
176 (ii) The clerk shall post the notices under Subsection (2)(b)(i) at least seven days
177 before the first hearing under Subsection (1).
178 (c) The notice under Subsections (2)(a) and (b) shall include the feasibility study
179 summary under Subsection 10-2-106 (3)(b) and shall indicate that a full copy of the study is
180 available for inspection and copying at the office of the county clerk.
181 Section 4. Section 10-2-114 is amended to read:
182 10-2-114. Determination of number of council members -- Determination of
183 election districts -- Hearings and notice.
184 (1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of
185 the canvass of the election under Section 10-2-111 :
186 (a) if the voters at the incorporation election choose the council-mayor form of
187 government, determine the number of council members that will constitute the council of the
188 future city;
189 (b) if the voters at the incorporation election vote to elect council members by district,
190 determine the number of council members to be elected by district and draw the boundaries of
191 those districts, which shall be substantially equal in population;
192 (c) determine the initial terms of the mayor and members of the city council so that:
193 (i) the mayor and approximately half the members of the city council are elected to
194 serve an initial term, of no less than one year, that allows their successors to serve a full
195 four-year term that coincides with the schedule established in Subsection 10-3-205 (1); and
196 (ii) the remaining members of the city council are elected to serve an initial term, of no
197 less than one year, that allows their successors to serve a full four-year term that coincides
198 with the schedule established in Subsection 10-3-205 (2); and
199 (d) submit in writing to the county legislative body the results of the sponsors'
200 determinations under Subsections (1)(a), (b), and (c).
201 (2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
202 sponsors shall hold a public hearing within the future city on the applicable issues under
203 Subsections (1)(a), (b), and (c).
204 (b) (i) The petition sponsors shall publish notice of the public hearing under
205 Subsection (2)(a):
206 (A) in a newspaper of general circulation within the future city at least once a week for
207 two successive weeks before the hearing; and
208 (B) [
209 in Section 63F-1-701 , for two weeks before the hearing.
210 (ii) The last publication of notice under Subsection (2)(b)(i)(A) shall be at least three
211 days before the public hearing under Subsection (2)(a).
212 (c) (i) In accordance with Subsection (2)(b)(i)(A), if there is no newspaper of general
213 circulation within the future city, the petition sponsors shall post at least one notice of the
214 hearing per 1,000 population in conspicuous places within the future city that are most likely
215 to give notice of the hearing to the residents of the future city.
216 (ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least
217 seven days before the hearing under Subsection (2)(a).
218 Section 5. Section 10-2-125 is amended to read:
219 10-2-125. Incorporation of a town.
220 (1) As used in this section:
221 (a) "Assessed value," with respect to agricultural land, means the value at which the
222 land would be assessed without regard to a valuation for agricultural use under Section
223 59-2-503 .
224 (b) "Financial feasibility study" means a study to determine:
225 (i) the projected revenues for the proposed town during the first three years after
226 incorporation; and
227 (ii) the projected costs, including overhead, that the proposed town will incur in
228 providing governmental services during the first three years after incorporation.
229 (c) "Municipal service" means a publicly provided service that is not provided on a
230 countywide basis.
231 (d) "Nonurban" means having a residential density of less than one unit per acre.
232 (2) (a) (i) A contiguous area of a county not within a municipality, with a population
233 of at least 100 but less than 1,000, may incorporate as a town as provided in this section.
234 (ii) An area within a county of the first class is not contiguous for purposes of
235 Subsection (2)(a)(i) if:
236 (A) the area includes a strip of land that connects geographically separate areas; and
237 (B) the distance between the geographically separate areas is greater than the average
238 width of the strip of land connecting the geographically separate areas.
239 (b) The population figure under Subsection (2)(a) shall be determined:
240 (i) as of the date the incorporation petition is filed; and
241 (ii) by the Utah Population Estimates Committee within 20 days after the county
242 clerk's certification under Subsection (6) of a petition filed under Subsection (4).
243 (3) (a) The process to incorporate an area as a town is initiated by filing a request for a
244 public hearing with the clerk of the county in which the area is located.
245 (b) Each request for a public hearing under Subsection (3)(a) shall:
246 (i) be signed by the owners of at least five separate parcels of private real property,
247 each owned by a different owner, located within the area proposed to be incorporated; and
248 (ii) be accompanied by an accurate map or plat depicting the boundary of the
249 proposed town.
250 (c) Within 10 days after a request for a public hearing is filed under Subsection (3)(a),
251 the county clerk shall, with the assistance of other county officers from whom the clerk
252 requests assistance, determine whether the petition complies with the requirements of
253 Subsection (3)(b).
254 (d) If the clerk determines that a request under Subsection (3)(a) fails to comply with
255 the requirements of Subsection (3)(b), the clerk shall reject the request and deliver written
256 notice of the rejection to the signers of the request.
257 (e) (i) If the clerk determines that a request under Subsection (3)(a) complies with the
258 requirements of Subsection (3)(b), the clerk shall:
259 (A) schedule and arrange for a public hearing to be held:
260 (I) (Aa) at a public facility located within the boundary of the proposed town; or
261 (Bb) if there is no public facility within the boundary of the proposed town, at another
262 nearby public facility or at the county seat; and
263 (II) within 20 days after the clerk provides the last notice required under Subsection
264 (3)(e)(i)(B); and
265 (B) [
266 that a request complies with the requirements of Subsection (3)(b), give notice of the public
267 hearing on the proposed incorporation by:
268 (I) posting notice of the public hearing on the county's Internet website, if the county
269 has an Internet website; [
270 (II) (Aa) [
271 consecutive weeks in a newspaper of general circulation within the proposed town; [
272 [
273
274 (Bb) [
275 of general circulation within the proposed town, posting notice of the public hearing in at least
276 five conspicuous public places within the proposed town[
277 [
278
279
280
281 (III) publishing notice of the public hearing on the Utah Public Notice Website created
282 in Section 63F-1-701 .
283 [
284 chair of the county commission or council, or the chair's designee, to:
285 (A) introduce the concept of the proposed incorporation to the public;
286 (B) allow the public to review the map or plat of the boundary of the proposed town;
287 (C) allow the public to ask questions and become informed about the proposed
288 incorporation; and
289 (D) allow the public to express their views about the proposed incorporation,
290 including their views about the boundary of the area proposed to be incorporated.
291 (4) (a) At any time within three months after the public hearing under Subsection
292 (3)(e), a petition to incorporate the area as a town may be filed with the clerk of the county in
293 which the area is located.
294 (b) Each petition under Subsection (4)(a) shall:
295 (i) be signed by:
296 (A) the owners of private real property that:
297 (I) is located within the area proposed to be incorporated;
298 (II) covers a majority of the total private land area within the area;
299 (III) is equal in assessed value to more than 1/2 of the assessed value of all private real
300 property within the area; and
301 (IV) consists, in number of parcels, of at least 1/3 of the number of all parcels of
302 private real property within the area proposed to be incorporated; and
303 (B) a majority of all registered voters within the area proposed to be incorporated as a
304 town, according to the official voter registration list maintained by the county on the date the
305 petition is filed;
306 (ii) designate as sponsors at least five of the property owners who have signed the
307 petition, one of whom shall be designated as the contact sponsor, with the mailing address of
308 each owner signing as a sponsor;
309 (iii) be accompanied by and circulated with an accurate map or plat, prepared by a
310 licensed surveyor, showing a legal description of the boundary of the proposed town; and
311 (iv) substantially comply with and be circulated in the following form:
312 PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
313 town)
314 To the Honorable County Legislative Body of (insert the name of the county in which
315 the proposed town is located) County, Utah:
316 We, the undersigned owners of real property and registered voters within the area
317 described in this petition, respectfully petition the county legislative body for the area
318 described in this petition to be incorporated as a town. Each of the undersigned affirms that
319 each has personally signed this petition and is an owner of real property or a registered voter
320 residing within the described area, and that the current residence address of each is correctly
321 written after the signer's name. The area proposed to be incorporated as a town is described as
322 follows: (insert an accurate description of the area proposed to be incorporated).
323 (c) A petition under this Subsection (4) may not describe an area that includes some or
324 all of an area proposed for annexation in an annexation petition under Section 10-2-403 that:
325 (i) was filed before the filing of the petition; and
326 (ii) is still pending on the date the petition is filed.
327 (d) A petition may not be filed under this section if the private real property owned by
328 the petition sponsors, designated under Subsection (4)(b)(ii), cumulatively exceeds 40% of the
329 total private land area within the area proposed to be incorporated as a town.
330 (e) A signer of a petition under this Subsection (4) may withdraw or, after withdrawn,
331 reinstate the signer's signature on the petition:
332 (i) at any time until the county clerk certifies the petition under Subsection (6); and
333 (ii) by filing a signed, written withdrawal or reinstatement with the county clerk.
334 (5) (a) If a petition is filed under Subsection (4)(a) proposing to incorporate as a town
335 an area located within a county of the first class, the county clerk shall deliver written notice of
336 the proposed incorporation:
337 (i) to each owner of private real property owning more than 1% of the assessed value
338 of all private real property within the area proposed to be incorporated as a town; and
339 (ii) within seven calendar days after the date on which the petition is filed.
340 (b) A private real property owner described in Subsection (5)(a)(i) may exclude all or
341 part of the owner's property from the area proposed to be incorporated as a town by filing a
342 notice of exclusion:
343 (i) with the county clerk; and
344 (ii) within 10 calendar days after receiving the clerk's notice under Subsection (5)(a).
345 (c) The county legislative body shall exclude from the area proposed to be
346 incorporated as a town the property identified in the notice of exclusion under Subsection
347 (5)(b) if:
348 (i) the property:
349 (A) is nonurban; and
350 (B) does not and will not require a municipal service; and
351 (ii) exclusion will not leave an unincorporated island within the proposed town.
352 (d) If the county legislative body excludes property from the area proposed to be
353 incorporated as a town, the county legislative body shall send written notice of the exclusion to
354 the contact sponsor within five days after the exclusion.
355 (6) Within 20 days after the filing of a petition under Subsection (4), the county clerk
356 shall:
357 (a) with the assistance of other county officers from whom the clerk requests
358 assistance, determine whether the petition complies with the requirements of Subsection (4);
359 and
360 (b) (i) if the clerk determines that the petition complies with those requirements:
361 (A) certify the petition and deliver the certified petition to the county legislative body;
362 and
363 (B) mail or deliver written notification of the certification to:
364 (I) the contact sponsor;
365 (II) if applicable, the chair of the planning commission of each township in which any
366 part of the area proposed for incorporation is located; and
367 (III) the Utah Population Estimates Committee; or
368 (ii) if the clerk determines that the petition fails to comply with any of those
369 requirements, reject the petition and notify the contact sponsor in writing of the rejection and
370 the reasons for the rejection.
371 (7) (a) (i) A petition that is rejected under Subsection (6)(b)(ii) may be amended to
372 correct a deficiency for which it was rejected and then refiled with the county clerk.
373 (ii) A valid signature on a petition filed under Subsection (4)(a) may be used toward
374 fulfilling the signature requirement of Subsection (4)(b) for the same petition that is amended
375 under Subsection (7)(a)(i) and then refiled with the county clerk.
376 (b) If a petition is amended and refiled under Subsection (7)(a)(i) after having been
377 rejected by the county clerk under Subsection (6)(b)(ii):
378 (i) the amended petition shall be considered as a newly filed petition; and
379 (ii) the amended petition's processing priority is determined by the date on which it is
380 refiled.
381 (8) (a) (i) The legislative body of a county with which a petition is filed under
382 Subsection (4) may, at its option and upon the petition being certified under Subsection (6),
383 commission and pay for a financial feasibility study.
384 (ii) If the county legislative body chooses to commission a financial feasibility study,
385 the county legislative body shall:
386 (A) within 20 days after the incorporation petition is certified, select and engage a
387 feasibility consultant; and
388 (B) require the feasibility consultant to complete the financial feasibility study and
389 submit written results of the study to the county legislative body no later than 30 days after the
390 feasibility consultant is engaged to conduct the financial feasibility study.
391 (b) The county legislative body shall approve a petition proposing the incorporation of
392 a town and hold an election for town officers, as provided in Subsection (9), if:
393 (i) the county clerk has certified the petition under Subsection (6); and
394 (ii) (A) (I) the county legislative body has commissioned a financial feasibility study
395 under Subsection (8)(a); and
396 (II) the results of the financial feasibility study show that the average annual amount of
397 revenues described in Subsection (1)(b)(i) does not exceed the average annual amount of costs
398 described in Subsection (1)(b)(ii) by more than 10%; or
399 (B) the county legislative body chooses not to commission a financial feasibility study.
400 (c) (i) If the county legislative body commissions a financial feasibility study under
401 Subsection (8)(a) and the results of the financial feasibility study show that the average annual
402 amount of revenues described in Subsection (1)(b)(i) exceeds the average annual amount of
403 costs described in Subsection (1)(b)(ii) by more than 10%, the county legislative body may:
404 (A) deny the petition, subject to Subsection (8)(c)(ii), if the results of the financial
405 feasibility study show that the average annual amount of revenues described in Subsection
406 (1)(b)(i) exceeds the average annual amount of costs described in Subsection (1)(b)(ii) by 25%
407 or more;
408 (B) approve the petition and hold an election for town officers, as provided in
409 Subsection (9); or
410 (C) (I) with the consent of the petition sponsors:
411 (Aa) impose conditions to mitigate the fiscal inequities identified in the financial
412 feasibility study; or
413 (Bb) alter the boundaries of the area proposed to be incorporated as a town to
414 approximate the boundaries necessary to prevent the average annual amount of revenues
415 described in Subsection (1)(b)(i) from exceeding the average annual amount of costs described
416 in Subsection (1)(b)(ii); and
417 (II) approve the incorporation petition and hold an election for town officers, as
418 provided in Subsection (9).
419 (ii) A county legislative body intending to deny a petition under Subsection
420 (8)(c)(i)(A) shall deny the petition within 20 days after the feasibility consultant submits the
421 written results of the financial feasibility study.
422 (d) Each town that incorporates pursuant to a petition approved after the county
423 legislative body imposes conditions under Subsection (8)(c)(i)(C)(I) shall comply with those
424 conditions.
425 (9) (a) The legislative body of the county in which the proposed new town is located
426 shall hold the election for town officers provided for in Subsection (8) within:
427 (i) 45 days after the petition is certified, for an election under Subsection (8)(b)(ii)(B);
428 (ii) 45 days after the feasibility consultant submits the written results of the financial
429 feasibility study, for an election under Subsection (8)(b)(ii)(A) or (8)(c)(i)(B); or
430 (iii) 60 days after the feasibility consultant submits the written results of the financial
431 feasibility study, for an election under Subsection (8)(c)(i)(C).
432 (b) The officers elected at an election under Subsection (9)(a) shall take office:
433 (i) at noon on the first Monday in January next following the election, if the election is
434 held on a regular general or municipal general election date; or
435 (ii) at noon on the first day of the month next following the effective date of the
436 incorporation under Subsection (12), if the election of officers is held on any other date.
437 (10) Each newly incorporated town shall operate under the five-member council form
438 of government as defined in Section 10-3b-102 .
439 (11) The mayor-elect of the future town shall:
440 (a) within 30 days after the canvass of the election of town officers under Subsection
441 (9), file with the lieutenant governor:
442 (i) a copy of a notice of an impending boundary action, as defined in Section
443 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
444 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
445 (b) upon the lieutenant governor's issuance of a certificate of incorporation under
446 Section 67-1a-6.5 :
447 (i) if the town is located within the boundary of a single county, submit to the recorder
448 of that county the original:
449 (A) notice of an impending boundary action;
450 (B) certificate of incorporation; and
451 (C) approved final local entity plat; or
452 (ii) if the town is located within the boundaries of more than a single county, submit
453 the original of the documents listed in Subsections (11)(b)(i)(A), (B), and (C) to one of those
454 counties and a certified copy of those documents to each other county.
455 (12) (a) A new town is incorporated:
456 (i) on December 31 of the year in which the lieutenant governor issues a certificate of
457 incorporation under Section 67-1a-6.5 , if the election of town officers under Subsection (9) is
458 held on a regular general or municipal general election date; or
459 (ii) on the last day of the month during which the lieutenant governor issues a
460 certificate of incorporation under Section 67-1a-6.5 , if the election of town officers under
461 Subsection (9) is held on any other date.
462 (b) (i) The effective date of an incorporation for purposes of assessing property within
463 the new town is governed by Section 59-2-305.5 .
464 (ii) Until the documents listed in Subsection (11)(b) are recorded in the office of the
465 recorder of each county in which the property is located, a newly incorporated town may not:
466 (A) levy or collect a property tax on property within the town;
467 (B) levy or collect an assessment on property within the town; or
468 (C) charge or collect a fee for service provided to property within the town.
469 (13) For each petition filed before March 5, 2008:
470 (a) the petition is subject to and governed by the law in effect at the time the petition
471 was filed; and
472 (b) the law in effect at the time the petition was filed governs in all administrative and
473 judicial proceedings relating to the petition.
474 Section 6. Section 10-2-407 is amended to read:
475 10-2-407. Protest to annexation petition -- Township planning commission
476 recommendation -- Petition requirements -- Disposition of petition if no protest filed.
477 (1) (a) A protest to an annexation petition under Section 10-2-403 may be filed by:
478 (i) the legislative body or governing board of an affected entity; or
479 (ii) for a proposed annexation of an area within a county of the first class, the owners
480 of private real property that:
481 (A) is located in the unincorporated area within 1/2 mile of the area proposed for
482 annexation;
483 (B) covers at least 25% of the private land area located in the unincorporated area
484 within 1/2 mile of the area proposed for annexation; and
485 (C) is equal in value to at least 15% of all real property located in the unincorporated
486 area within 1/2 mile of the area proposed for annexation.
487 (b) (i) A planning commission of a township located in a county of the first class may
488 recommend to the legislative body of the county in which the township is located that the
489 county legislative body file a protest against a proposed annexation under this part of an area
490 located within the township.
491 (ii) (A) The township planning commission shall communicate each recommendation
492 under Subsection (1)(b)(i) in writing to the county legislative body within 30 days after the
493 city recorder or town clerk's certification of the annexation petition under Subsection
494 10-2-405 (2) (c)(i).
495 (B) At the time the recommendation is communicated to the county legislative body
496 under Subsection (1)(b)(ii)(A), the township planning commission shall mail or deliver a copy
497 of the recommendation to the legislative body of the proposed annexing municipality and to
498 the contact sponsor.
499 (2) (a) Each protest under Subsection (1)(a) shall:
500 (i) be filed:
501 (A) no later than 30 days after the municipal legislative body's receipt of the notice of
502 certification under Subsection 10-2-405 (2)(c)(i); and
503 (B) (I) in a county that has already created a commission under Section 10-2-409 , with
504 the commission; or
505 (II) in a county that has not yet created a commission under Section 10-2-409 , with the
506 clerk of the county in which the area proposed for annexation is located; [
507 (ii) state each reason for the protest of the annexation petition and, if the area proposed
508 to be annexed is located in a specified county, justification for the protest under the standards
509 established in this chapter;
510 (iii) if the area proposed to be annexed is located in a specified county, contain other
511 information that the commission by rule requires or that the party filing the protest considers
512 pertinent; and
513 (iv) the name and address of a contact person who is to receive notices sent by the
514 commission with respect to the protest proceedings.
515 (b) The party filing a protest under this section shall on the same date deliver or mail a
516 copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
517 (c) Each clerk who receives a protest under Subsection (2)(a)(i)(B)(II) shall:
518 (i) immediately notify the county legislative body of the protest; and
519 (ii) deliver the protest to the boundary commission within five days after:
520 (A) receipt of the protest, if the boundary commission has previously been created; or
521 (B) creation of the boundary commission under Subsection 10-2-409 (1)(b), if the
522 boundary commission has not previously been created.
523 (d) Each protest of a proposed annexation of an area located in a county of the first
524 class under Subsection (1)(a)(ii) shall, in addition to the requirements of Subsections (2)(a)
525 and (b):
526 (i) indicate the typed or printed name and current residence address of each owner
527 signing the protest; and
528 (ii) designate one of the signers of the protest as the contact person and state the
529 mailing address of the contact person.
530 (3) (a) (i) If a protest is filed under this section:
531 (A) the municipal legislative body may, at its next regular meeting after expiration of
532 the deadline under Subsection (2)(a)(i)(A), deny the annexation petition; or
533 (B) if the municipal legislative body does not deny the annexation petition under
534 Subsection (3)(a)(i)(A), the municipal legislative body may take no further action on the
535 annexation petition until after receipt of the commission's notice of its decision on the protest
536 under Section 10-2-416 .
537 (ii) If a municipal legislative body denies an annexation petition under Subsection
538 (3)(a)(i)(A), the municipal legislative body shall, within five days after the denial, send notice
539 of the denial in writing to:
540 (A) the contact sponsor of the annexation petition;
541 (B) the commission;
542 (C) each entity that filed a protest;
543 (D) if a protest was filed under Subsection (1)(a)(ii) for a proposed annexation of an
544 area located in a county of the first class, the contact person; and
545 (E) if any of the area proposed for annexation is within a township, the legislative
546 body of the county in which the township is located.
547 (b) (i) If no timely protest is filed under this section, the municipal legislative body
548 may, subject to Subsection (3)(b)(ii), approve the petition.
549 (ii) Before approving an annexation petition under Subsection (3)(b)(i), the municipal
550 legislative body shall:
551 (A) hold a public hearing; and
552 (B) at least seven days before the public hearing under Subsection (3)(b)(ii)(A):
553 (I) (Aa) publish notice of the hearing in a newspaper of general circulation within the
554 municipality and the area proposed for annexation; or
555 (Bb) if there is no newspaper of general circulation in those areas, post written notices
556 of the hearing in conspicuous places within those areas that are most likely to give notice to
557 residents within those areas; and
558 (II) publish notice of the hearing [
559 Public Notice Website created in Section 63F-1-701 .
560 (iii) Within 10 days after approving an annexation under Subsection (3)(b)(i) of an
561 area that is partly or entirely within a township, the municipal legislative body shall send
562 notice of the approval to the legislative body of the county in which the township is located.
563 Section 7. Section 10-2-415 is amended to read:
564 10-2-415. Public hearing -- Notice.
565 (1) (a) (i) If the results of the feasibility study or supplemental feasibility study meet
566 the requirements of Subsection 10-2-416 (3) with respect to a proposed annexation of an area
567 located in a county of the first class, the commission shall hold a public hearing within 30
568 days of receipt of the feasibility study or supplemental feasibility study results.
569 (ii) At the hearing under Subsection (1)(a)(i), the commission shall:
570 (A) require the feasibility consultant to present the results of the feasibility study and,
571 if applicable, the supplemental feasibility study;
572 (B) allow those present to ask questions of the feasibility consultant regarding the
573 study results; and
574 (C) allow those present to speak to the issue of annexation.
575 (iii) (A) The commission shall:
576 (I) publish notice of each hearing under Subsection (1)(a)(i):
577 (Aa) at least once a week for two successive weeks in a newspaper of general
578 circulation within the area proposed for annexation, the surrounding 1/2 mile of
579 unincorporated area, and the proposed annexing municipality; and
580 (Bb) [
581 created in Section 63F-1-701 , for two weeks; and
582 (II) send written notice of the hearing to the municipal legislative body of the proposed
583 annexing municipality, the contact sponsor on the annexation petition, each entity that filed a
584 protest, and, if a protest was filed under Subsection 10-2-407 (1)(a)(ii), the contact person.
585 (B) In accordance with Subsection (1)(a)(iii)(A)(I)(Aa), if there is no newspaper of
586 general circulation within the areas described in Subsection (1)(a)(iii)(A)(I)(Aa), the
587 commission shall give the notice required under that subsection by posting notices, at least
588 seven days before the hearing, in conspicuous places within those areas that are most likely to
589 give notice of the hearing to the residents of those areas.
590 (C) The notice under Subsections (1)(a)(iii)(A) and (B) shall include the feasibility
591 study summary under Subsection 10-2-413 (2)(b) and shall indicate that a full copy of the
592 study is available for inspection and copying at the office of the commission.
593 (b) (i) Within 30 days after the time under Subsection 10-2-407 (2) for filing a protest
594 has expired with respect to a proposed annexation of an area located in a specified county, the
595 boundary commission shall hold a hearing on all protests that were filed with respect to the
596 proposed annexation.
597 (ii) (A) At least 14 days before the date of each hearing under Subsection (1)(b)(i), the
598 commission chair shall cause notice of the hearing to be published in a newspaper of general
599 circulation within the area proposed for annexation.
600 (B) Each notice under Subsection (1)(b)(ii)(A) shall:
601 (I) state the date, time, and place of the hearing;
602 (II) briefly summarize the nature of the protest; and
603 (III) state that a copy of the protest is on file at the commission's office.
604 (iii) The commission may continue a hearing under Subsection (1)(b)(i) from time to
605 time, but no continued hearing may be held later than 60 days after the original hearing date.
606 (iv) In considering protests, the commission shall consider whether the proposed
607 annexation:
608 (A) complies with the requirements of Sections 10-2-402 and 10-2-403 and the
609 annexation policy plan of the proposed annexing municipality;
610 (B) conflicts with the annexation policy plan of another municipality; and
611 (C) if the proposed annexation includes urban development, will have an adverse tax
612 consequence on the remaining unincorporated area of the county.
613 (2) (a) The commission shall record each hearing under this section by electronic
614 means.
615 (b) A transcription of the recording under Subsection (2)(a), the feasibility study, if
616 applicable, information received at the hearing, and the written decision of the commission
617 shall constitute the record of the hearing.
618 Section 8. Section 10-2-418 is amended to read:
619 10-2-418. Annexation of an island or peninsula without a petition -- Notice --
620 Hearing.
621 (1) (a) Notwithstanding Subsection 10-2-402 (2), a municipality may annex an
622 unincorporated area under this section without an annexation petition if:
623 (i) (A) the area to be annexed consists of one or more unincorporated islands within or
624 unincorporated peninsulas contiguous to the municipality;
625 (B) the majority of each island or peninsula consists of residential or commercial
626 development;
627 (C) the area proposed for annexation requires the delivery of municipal-type services;
628 and
629 (D) the municipality has provided most or all of the municipal-type services to the
630 area for more than one year;
631 (ii) (A) the area to be annexed consists of one or more unincorporated islands within
632 or unincorporated peninsulas contiguous to the municipality, each of which has fewer than
633 800 residents; and
634 (B) the municipality has provided one or more municipal-type services to the area for
635 at least one year; or
636 (iii) (A) the area consists of:
637 (I) an unincorporated island within or an unincorporated peninsula contiguous to the
638 municipality; and
639 (II) no more than 50 acres; and
640 (B) the county in which the area is located and the municipality agree that the area
641 should be included within the municipality.
642 (b) Notwithstanding Subsection 10-2-402 (1)(b)(iii), a municipality may annex a
643 portion of an unincorporated island or unincorporated peninsula under this section, leaving
644 unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
645 (i) in adopting the resolution under Subsection (2)(a)(i), the municipal legislative body
646 determines that not annexing the entire unincorporated island or unincorporated peninsula is
647 in the municipality's best interest; and
648 (ii) for an annexation of one or more unincorporated islands under Subsection
649 (1)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed,
650 complies with the requirement of Subsection (1)(a)(ii)(A) relating to the number of residents.
651 (2) (a) The legislative body of each municipality intending to annex an area under this
652 section shall:
653 (i) adopt a resolution indicating the municipal legislative body's intent to annex the
654 area, describing the area proposed to be annexed;
655 (ii) publish notice:
656 (A) (I) at least once a week for three successive weeks in a newspaper of general
657 circulation within the municipality and the area proposed for annexation; or
658 (II) if there is no newspaper of general circulation in the areas described in Subsection
659 (2)(a)(ii)(A), post at least one notice per 1,000 population in places within those areas that are
660 most likely to give notice to the residents of those areas; and
661 (B) [
662 in Section 63F-1-701 , for three weeks;
663 (iii) send written notice to the board of each local district and special service district
664 whose boundaries contain some or all of the area proposed for annexation and to the
665 legislative body of the county in which the area proposed for annexation is located; and
666 (iv) hold a public hearing on the proposed annexation no earlier than 30 days after the
667 adoption of the resolution under Subsection (2)(a)(i).
668 (b) Each notice under Subsections (2)(a)(ii) and (iii) shall:
669 (i) state that the municipal legislative body has adopted a resolution indicating its
670 intent to annex the area proposed for annexation;
671 (ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
672 (iii) describe the area proposed for annexation; and
673 (iv) except for an annexation that meets the property owner consent requirements of
674 Subsection (3)(b), state in conspicuous and plain terms that the municipal legislative body will
675 annex the area unless, at or before the public hearing under Subsection (2)(a)(iv), written
676 protests to the annexation are filed by the owners of private real property that:
677 (A) is located within the area proposed for annexation;
678 (B) covers a majority of the total private land area within the entire area proposed for
679 annexation; and
680 (C) is equal in value to at least 1/2 the value of all private real property within the
681 entire area proposed for annexation.
682 (c) The first publication of the notice required under Subsection (2)(a)(ii)(A) shall be
683 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
684 (2)(a)(i).
685 (3) (a) Upon conclusion of the public hearing under Subsection (2)(a)(iv), the
686 municipal legislative body may adopt an ordinance approving the annexation of the area
687 proposed for annexation under this section unless, at or before the hearing, written protests to
688 the annexation have been filed with the city recorder or town clerk, as the case may be, by the
689 owners of private real property that:
690 (i) is located within the area proposed for annexation;
691 (ii) covers a majority of the total private land area within the entire area proposed for
692 annexation; and
693 (iii) is equal in value to at least 1/2 the value of all private real property within the
694 entire area proposed for annexation.
695 (b) (i) Upon conclusion of the public hearing under Subsection (2)(a)(iv), a
696 municipality may adopt an ordinance approving the annexation of the area proposed for
697 annexation under this section without allowing or considering protests under Subsection (3)(a)
698 if the owners of at least 75% of the total private land area within the entire area proposed for
699 annexation, representing at least 75% of the value of the private real property within the entire
700 area proposed for annexation, have consented in writing to the annexation.
701 (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an
702 ordinance adopted under Subsection (3)(b)(i), the area annexed shall be conclusively
703 presumed to be validly annexed.
704 (4) (a) If protests are timely filed that comply with Subsection (3), the municipal
705 legislative body may not adopt an ordinance approving the annexation of the area proposed for
706 annexation, and the annexation proceedings under this section shall be considered terminated.
707 (b) Subsection (4)(a) may not be construed to prohibit the municipal legislative body
708 from excluding from a proposed annexation under Subsection (1)(a)(ii) the property within an
709 unincorporated island regarding which protests have been filed and proceeding under
710 Subsection (1)(b) to annex some or all of the remaining portion of the unincorporated island.
711 Section 9. Section 10-2-419 is amended to read:
712 10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
713 (1) The legislative bodies of two or more municipalities having common boundaries
714 may adjust their common boundaries as provided in this section.
715 (2) (a) The legislative body of each municipality intending to adjust a boundary that is
716 common with another municipality shall:
717 (i) adopt a resolution indicating the intent of the municipal legislative body to adjust a
718 common boundary;
719 (ii) hold a public hearing on the proposed adjustment no less than 60 days after the
720 adoption of the resolution under Subsection (2)(a)(i); and
721 (iii) (A) publish notice:
722 (I) at least once a week for three successive weeks in a newspaper of general
723 circulation within the municipality; or
724 (II) if there is no newspaper of general circulation within the municipality, post at least
725 one notice per 1,000 population in places within the municipality that are most likely to give
726 notice to residents of the municipality; and
727 (B) [
728 in Section 63F-1-701 for three weeks.
729 (b) The notice required under Subsection (2)(a)(iii) shall:
730 (i) state that the municipal legislative body has adopted a resolution indicating the
731 municipal legislative body's intent to adjust a boundary that the municipality has in common
732 with another municipality;
733 (ii) describe the area proposed to be adjusted;
734 (iii) state the date, time, and place of the public hearing required under Subsection
735 (2)(a)(ii);
736 (iv) state in conspicuous and plain terms that the municipal legislative body will adjust
737 the boundaries unless, at or before the public hearing under Subsection (2)(a)(ii), written
738 protests to the adjustment are filed by the owners of private real property that:
739 (A) is located within the area proposed for adjustment;
740 (B) covers at least 25% of the total private land area within the area proposed for
741 adjustment; and
742 (C) is equal in value to at least 15% of the value of all private real property within the
743 area proposed for adjustment;
744 (v) state that the area that is the subject of the boundary adjustment will, because of
745 the boundary adjustment, be automatically annexed to a local district providing fire protection,
746 paramedic, and emergency services or a local district providing law enforcement service, as
747 the case may be, as provided in Section 17B-1-416 , if:
748 (A) the municipality to which the area is being added because of the boundary
749 adjustment is entirely within the boundaries of a local district:
750 (I) that provides fire protection, paramedic, and emergency services or law
751 enforcement service, respectively; and
752 (II) in the creation of which an election was not required because of Subsection
753 17B-1-214 (3)(c); and
754 (B) the municipality from which the area is being taken because of the boundary
755 adjustment is not within the boundaries of the local district; and
756 (vi) state that the area proposed for annexation to the municipality will be
757 automatically withdrawn from a local district providing fire protection, paramedic, and
758 emergency services, as provided in Subsection 17B-1-502 (2), if:
759 (A) the municipality to which the area is being added because of the boundary
760 adjustment is not within the boundaries of a local district:
761 (I) that provides fire protection, paramedic, and emergency services; and
762 (II) in the creation of which an election was not required because of Subsection
763 17B-1-214 (3)(c); and
764 (B) the municipality from which the area is being taken because of the boundary
765 adjustment is entirely within the boundaries of the local district.
766 (c) The first publication of the notice required under Subsection (2)(a)(iii)(A) shall be
767 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
768 (2)(a)(i).
769 (3) Upon conclusion of the public hearing under Subsection (2)(a)(ii), the municipal
770 legislative body may adopt an ordinance approving the adjustment of the common boundary
771 unless, at or before the hearing under Subsection (2)(a)(ii), written protests to the adjustment
772 have been filed with the city recorder or town clerk, as the case may be, by the owners of
773 private real property that:
774 (a) is located within the area proposed for adjustment;
775 (b) covers at least 25% of the total private land area within the area proposed for
776 adjustment; and
777 (c) is equal in value to at least 15% of the value of all private real property within the
778 area proposed for adjustment.
779 (4) The municipal legislative body shall comply with the requirements of Section
780 10-2-425 as if the boundary adjustment were an annexation.
781 (5) (a) An ordinance adopted under Subsection (3) becomes effective when each
782 municipality involved in the boundary adjustment has adopted an ordinance under Subsection
783 (3).
784 (b) The effective date of a boundary adjustment under this section is governed by
785 Section 10-2-425 .
786 Section 10. Section 10-2-502.5 is amended to read:
787 10-2-502.5. Hearing on request for disconnection -- Determination by municipal
788 legislative body -- Petition in district court.
789 (1) Within 30 calendar days after the last publication of notice required under
790 Subsection 10-2-501 (3)(a), the legislative body of the municipality in which the area proposed
791 for disconnection is located shall hold a public hearing.
792 (2) At least seven calendar days before the hearing date, the municipal legislative body
793 shall provide notice of the public hearing:
794 (a) in writing to the petitioners and to the legislative body of the county in which the
795 area proposed for disconnection is located; and
796 (b) by publishing a notice:
797 (i) (A) in a newspaper of general circulation within the municipality; or
798 (B) if there is no newspaper as described in Subsection (2)(b)(i)(A), then by posting
799 notice of the hearing in at least three public places within the municipality; and
800 (ii) [
801 Section 63F-1-701 .
802 (3) In the public hearing, any person may speak and submit documents regarding the
803 disconnection proposal.
804 (4) Within 45 calendar days of the hearing, the municipal legislative body shall:
805 (a) determine whether to grant the request for disconnection; and
806 (b) if the municipality determines to grant the request, adopt an ordinance approving
807 disconnection of the area from the municipality.
808 (5) (a) A petition against the municipality challenging the municipal legislative body's
809 determination under Subsection (4) may be filed in district court by:
810 (i) petitioners; or
811 (ii) the county in which the area proposed for disconnection is located.
812 (b) Each petition under Subsection (5)(a) shall include a copy of the request for
813 disconnection.
814 Section 11. Section 10-3-818 is amended to read:
815 10-3-818. Salaries in municipalities.
816 (1) The elective and statutory officers of municipalities shall receive such
817 compensation for their services as the governing body may fix by ordinance adopting
818 compensation or compensation schedules enacted after public hearing.
819 (2) Upon its own motion the governing body may review or consider the compensation
820 of any officer or officers of the municipality or a salary schedule applicable to any officer or
821 officers of the city for the purpose of determining whether or not it should be adopted,
822 changed, or amended. In the event that the governing body decides that the compensation or
823 compensation schedules should be adopted, changed, or amended, it shall set a time and place
824 for a public hearing at which all interested persons shall be given an opportunity to be heard.
825 (3) (a) Notice of the time, place, and purpose of the meeting shall be published at least
826 seven days before the meeting by publication:
827 (i) at least once in a newspaper published in the county within which the municipality
828 is situated and generally circulated in the municipality; and
829 (ii) [
830 Section 63F-1-701 .
831 (b) If there is not a newspaper as described in Subsection (3)(a)(i), then notice shall be
832 given by posting this notice in three public places in the municipality.
833 (4) After the conclusion of the public hearing, the governing body may enact an
834 ordinance fixing, changing, or amending the compensation of any elective or appointive
835 officer of the municipality or adopting a compensation schedule applicable to any officer or
836 officers.
837 (5) Any ordinance enacted before Laws of Utah 1977, Chapter 48, by a municipality
838 establishing a salary or compensation schedule for its elective or appointive officers and any
839 salary fixed prior to Laws of Utah 1977, Chapter 48, shall remain effective until the
840 municipality has enacted an ordinance pursuant to the provisions of this chapter.
841 (6) The compensation of all municipal officers shall be paid at least monthly out of the
842 municipal treasury provided that municipalities having 1,000 or fewer population may by
843 ordinance provide for the payment of its statutory officers less frequently. None of the
844 provisions of this chapter shall be considered as limiting or restricting the authority to any
845 municipality that has adopted or does adopt a charter pursuant to Utah Constitution, Article
846 XI, Section 5, to determine the salaries of its elective and appointive officers or employees.
847 Section 12. Section 10-5-108 is amended to read:
848 10-5-108. Budget hearing -- Notice -- Adjustments.
849 (1) Prior to the adoption of the final budget, each town council shall hold a public
850 hearing to receive public comment.
851 (2) The council shall provide notice of the place, purpose, and time of the public
852 hearing by publishing notice at least seven days before the hearing:
853 (a) (i) at least once in a newspaper of general circulation in the town; or
854 (ii) if there is no newspaper of general circulation, then by posting the notice in three
855 public places at least 48 hours prior to the hearing; and
856 (b) [
857 Section 63F-1-701 .
858 (3) After the hearing, the council, subject to Section 10-5-110 , may adjust
859 expenditures and revenues in conformity with this chapter.
860 Section 13. Section 10-6-113 is amended to read:
861 10-6-113. Budget -- Notice of hearing to consider adoption.
862 At the meeting at which each tentative budget is adopted, the governing body shall
863 establish the time and place of a public hearing to consider its adoption and shall order that
864 notice of the public hearing be published at least seven days prior to the hearing:
865 (1) (a) in at least one issue of a newspaper of general circulation published in the
866 county in which the city is located; or
867 (b) if there is not a newspaper as described in Subsection (1)(a), then the notice
868 required by this section may be posted in three public places within the city; and
869 (2) [
870 Section 63F-1-701 .
871 Section 14. Section 10-8-2 is amended to read:
872 10-8-2. Appropriations -- Acquisition and disposal of property -- Municipal
873 authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
874 (1) (a) A municipal legislative body may:
875 (i) appropriate money for corporate purposes only;
876 (ii) provide for payment of debts and expenses of the corporation;
877 (iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
878 dispose of real and personal property for the benefit of the municipality, whether the property
879 is within or without the municipality's corporate boundaries, if the action is in the public
880 interest and complies with other law;
881 (iv) improve, protect, and do any other thing in relation to this property that an
882 individual could do; and
883 (v) subject to Subsection (2) and after first holding a public hearing, authorize
884 municipal services or other nonmonetary assistance to be provided to or waive fees required to
885 be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
886 (b) A municipality may:
887 (i) furnish all necessary local public services within the municipality;
888 (ii) purchase, hire, construct, own, maintain and operate, or lease public utilities
889 located and operating within and operated by the municipality; and
890 (iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, property
891 located inside or outside the corporate limits of the municipality and necessary for any of the
892 purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78B,
893 Chapter 6, Part 5, Eminent Domain, and general law for the protection of other communities.
894 (c) Each municipality that intends to acquire property by eminent domain under
895 Subsection (1)(b) shall, upon the first contact with the owner of the property sought to be
896 acquired, deliver to the owner a copy of a booklet or other materials provided by the Office of
897 the Property Rights Ombudsman, created under Section 13-43-201 , dealing with the property
898 owner's rights in an eminent domain proceeding.
899 (d) Subsection (1)(b) may not be construed to diminish any other authority a
900 municipality may claim to have under the law to acquire by eminent domain property located
901 inside or outside the municipality.
902 (2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject
903 to the provisions of Subsection (3).
904 (b) The total amount of services or other nonmonetary assistance provided or fees
905 waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the
906 municipality's budget for that fiscal year.
907 (3) It is considered a corporate purpose to appropriate money for any purpose that, in
908 the judgment of the municipal legislative body, provides for the safety, health, prosperity,
909 moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality
910 subject to the following:
911 (a) The net value received for any money appropriated shall be measured on a
912 project-by-project basis over the life of the project.
913 (b) The criteria for a determination under this Subsection (3) shall be established by
914 the municipality's legislative body. A determination of value received, made by the
915 municipality's legislative body, shall be presumed valid unless it can be shown that the
916 determination was arbitrary, capricious, or illegal.
917 (c) The municipality may consider intangible benefits received by the municipality in
918 determining net value received.
919 (d) (i) Prior to the municipal legislative body making any decision to appropriate any
920 funds for a corporate purpose under this section, a public hearing shall be held.
921 (ii) Notice of the hearing described in Subsection (3)(d)(i) shall be published:
922 (A) (I) in a newspaper of general circulation at least 14 days before the date of the
923 hearing; or
924 (II) if there is no newspaper of general circulation, by posting notice in at least three
925 conspicuous places within the municipality for the same time period; and
926 (B) [
927 in Section 63F-1-701 , at least 14 days before the date of the hearing.
928 (e) A study shall be performed before notice of the public hearing is given and shall be
929 made available at the municipality for review by interested parties at least 14 days
930 immediately prior to the public hearing, setting forth an analysis and demonstrating the
931 purpose for the appropriation. In making the study, the following factors shall be considered:
932 (i) what identified benefit the municipality will receive in return for any money or
933 resources appropriated;
934 (ii) the municipality's purpose for the appropriation, including an analysis of the way
935 the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
936 peace, order, comfort, or convenience of the inhabitants of the municipality; and
937 (iii) whether the appropriation is necessary and appropriate to accomplish the
938 reasonable goals and objectives of the municipality in the area of economic development, job
939 creation, affordable housing, blight elimination, job preservation, the preservation of historic
940 structures and property, and any other public purpose.
941 (f) (i) An appeal may be taken from a final decision of the municipal legislative body,
942 to make an appropriation.
943 (ii) The appeal shall be filed within 30 days after the date of that decision, to the
944 district court.
945 (iii) Any appeal shall be based on the record of the proceedings before the legislative
946 body.
947 (iv) A decision of the municipal legislative body shall be presumed to be valid unless
948 the appealing party shows that the decision was arbitrary, capricious, or illegal.
949 (g) The provisions of this Subsection (3) apply only to those appropriations made after
950 May 6, 2002.
951 (h) This section applies only to appropriations not otherwise approved pursuant to
952 Title 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6,
953 Uniform Fiscal Procedures Act for Utah Cities.
954 (4) (a) Before a municipality may dispose of a significant parcel of real property, the
955 municipality shall:
956 (i) provide reasonable notice of the proposed disposition at least 14 days before the
957 opportunity for public comment under Subsection (4)(a)(ii); and
958 (ii) allow an opportunity for public comment on the proposed disposition.
959 (b) Each municipality shall, by ordinance, define what constitutes:
960 (i) a significant parcel of real property for purposes of Subsection (4)(a); and
961 (ii) reasonable notice for purposes of Subsection (4)(a)(i).
962 (5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
963 real property for the purpose of expanding the municipality's infrastructure or other facilities
964 used for providing services that the municipality offers or intends to offer shall provide written
965 notice, as provided in this Subsection (5), of its intent to acquire the property if:
966 (i) the property is located:
967 (A) outside the boundaries of the municipality; and
968 (B) in a county of the first or second class; and
969 (ii) the intended use of the property is contrary to:
970 (A) the anticipated use of the property under the general plan of the county in whose
971 unincorporated area or the municipality in whose boundaries the property is located; or
972 (B) the property's current zoning designation.
973 (b) Each notice under Subsection (5)(a) shall:
974 (i) indicate that the municipality intends to acquire real property;
975 (ii) identify the real property; and
976 (iii) be sent to:
977 (A) each county in whose unincorporated area and each municipality in whose
978 boundaries the property is located; and
979 (B) each affected entity.
980 (c) A notice under this Subsection (5) is a protected record as provided in Subsection
981 63G-2-305 (7).
982 (d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
983 previously provided notice under Section 10-9a-203 identifying the general location within the
984 municipality or unincorporated part of the county where the property to be acquired is located.
985 (ii) If a municipality is not required to comply with the notice requirement of
986 Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide
987 the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real
988 property.
989 Section 15. Section 10-9a-204 is amended to read:
990 10-9a-204. Notice of public hearings and public meetings to consider general
991 plan or modifications.
992 (1) Each municipality shall provide:
993 (a) notice of the date, time, and place of the first public hearing to consider the
994 original adoption or any modification of all or any portion of a general plan; and
995 (b) notice of each public meeting on the subject.
996 (2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10
997 calendar days before the public hearing and shall be:
998 (a) (i) published in a newspaper of general circulation in the area; and
999 (ii) published [
1000 created in Section 63F-1-701 ;
1001 (b) mailed to each affected entity; and
1002 (c) posted:
1003 (i) in at least three public locations within the municipality; or
1004 (ii) on the municipality's official website.
1005 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1006 before the meeting and shall be:
1007 (a) (i) submitted to a newspaper of general circulation in the area; and
1008 (ii) published [
1009 created in Section 63F-1-701 ; and
1010 (b) posted:
1011 (i) in at least three public locations within the municipality; or
1012 (ii) on the municipality's official website.
1013 Section 16. Section 10-9a-205 is amended to read:
1014 10-9a-205. Notice of public hearings and public meetings on adoption or
1015 modification of land use ordinance.
1016 (1) Each municipality shall give:
1017 (a) notice of the date, time, and place of the first public hearing to consider the
1018 adoption or any modification of a land use ordinance; and
1019 (b) notice of each public meeting on the subject.
1020 (2) Each notice of a public hearing under Subsection (1)(a) shall be:
1021 (a) mailed to each affected entity at least 10 calendar days before the public hearing;
1022 (b) posted:
1023 (i) in at least three public locations within the municipality; or
1024 (ii) on the municipality's official website; and
1025 (c) (i) (A) published in a newspaper of general circulation in the area at least 10
1026 calendar days before the public hearing; and
1027 (B) published [
1028 Website created in Section 63F-1-701 , at least 10 calendar days before the public hearing; or
1029 (ii) mailed at least three days before the public hearing to:
1030 (A) each property owner whose land is directly affected by the land use ordinance
1031 change; and
1032 (B) each adjacent property owner within the parameters specified by municipal
1033 ordinance.
1034 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1035 before the meeting and shall be posted:
1036 (a) in at least three public locations within the municipality; or
1037 (b) on the municipality's official website.
1038 Section 17. Section 10-9a-208 is amended to read:
1039 10-9a-208. Hearing and notice for proposal to vacate a public street,
1040 right-of-way, or easement.
1041 (1) For any proposal to vacate some or all of a public street, right-of-way, or easement,
1042 the legislative body shall:
1043 (a) hold a public hearing; and
1044 (b) give notice of the date, place, and time of the hearing, as provided in Subsection
1045 (2).
1046 (2) At least 10 days before the public hearing under Subsection (1)(a), the notice
1047 required under Subsection (1)(b) shall be:
1048 (a) mailed to the record owner of each parcel that is accessed by the public street,
1049 right-of-way, or easement;
1050 (b) mailed to each affected entity;
1051 (c) posted on or near the street, right-of-way, or easement in a manner that is
1052 calculated to alert the public; and
1053 (d) (i) published in a newspaper of general circulation in the municipality in which the
1054 land subject to the petition is located; and
1055 (ii) published [
1056 created in Section 63F-1-701 .
1057 Section 18. Section 10-18-203 is amended to read:
1058 10-18-203. Feasibility study on providing cable television or public
1059 telecommunications services -- Public hearings.
1060 (1) If a feasibility consultant is hired under Section 10-18-202 , the legislative body of
1061 the municipality shall require the feasibility consultant to:
1062 (a) complete the feasibility study in accordance with this section;
1063 (b) submit to the legislative body by no later than 180 days from the date the
1064 feasibility consultant is hired to conduct the feasibility study:
1065 (i) the full written results of the feasibility study; and
1066 (ii) a summary of the results that is no longer than one page in length; and
1067 (c) attend the public hearings described in Subsection (4) to:
1068 (i) present the feasibility study results; and
1069 (ii) respond to questions from the public.
1070 (2) The feasibility study described in Subsection (1) shall at a minimum consider:
1071 (a) (i) if the municipality is proposing to provide cable television services to
1072 subscribers, whether the municipality providing cable television services in the manner
1073 proposed by the municipality will hinder or advance competition for cable television services
1074 in the municipality; or
1075 (ii) if the municipality is proposing to provide public telecommunications services to
1076 subscribers, whether the municipality providing public telecommunications services in the
1077 manner proposed by the municipality will hinder or advance competition for public
1078 telecommunications services in the municipality;
1079 (b) whether but for the municipality any person would provide the proposed:
1080 (i) cable television services; or
1081 (ii) public telecommunications services;
1082 (c) the fiscal impact on the municipality of:
1083 (i) the capital investment in facilities that will be used to provide the proposed:
1084 (A) cable television services; or
1085 (B) public telecommunications services; and
1086 (ii) the expenditure of funds for labor, financing, and administering the proposed:
1087 (A) cable television services; or
1088 (B) public telecommunications services;
1089 (d) the projected growth in demand in the municipality for the proposed:
1090 (i) cable television services; or
1091 (ii) public telecommunications services;
1092 (e) the projections at the time of the feasibility study and for the next five years, of a
1093 full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the
1094 facilities necessary to provide the proposed:
1095 (i) cable television services; or
1096 (ii) public telecommunications services; and
1097 (f) the projections at the time of the feasibility study and for the next five years of the
1098 revenues to be generated from the proposed:
1099 (i) cable television services; or
1100 (ii) public telecommunications services.
1101 (3) For purposes of the financial projections required under Subsections (2)(e) and (f),
1102 the feasibility consultant shall assume that the municipality will price the proposed cable
1103 television services or public telecommunications services consistent with Subsection
1104 10-18-303 (5).
1105 (4) If the results of the feasibility study satisfy the revenue requirement of Subsection
1106 10-18-202 (3), the legislative body, at the next regular meeting after the legislative body
1107 receives the results of the feasibility study, shall schedule at least two public hearings to be
1108 held:
1109 (a) within 60 days of the meeting at which the public hearings are scheduled;
1110 (b) at least seven days apart; and
1111 (c) for the purpose of allowing:
1112 (i) the feasibility consultant to present the results of the feasibility study; and
1113 (ii) the public to:
1114 (A) become informed about the feasibility study results; and
1115 (B) ask questions of the feasibility consultant about the results of the feasibility study.
1116 (5) (a) Except as provided in Subsection (5)(b), the municipality shall publish notice
1117 of the public hearings required under Subsection (4):
1118 (i) at least once a week for three consecutive weeks in a newspaper of general
1119 circulation in the municipality and at least three days before the first public hearing required
1120 under Subsection (4); and
1121 (ii) [
1122 in Section 63F-1-701 , for three weeks, at least three days before the first public hearing
1123 required under Subsection (4).
1124 (b) (i) In accordance with Subsection (5)(a)(i), if there is no newspaper of general
1125 circulation in the municipality, for each 1,000 residents, the municipality shall post at least
1126 one notice of the hearings in a conspicuous place within the municipality that is likely to give
1127 notice of the hearings to the greatest number of residents of the municipality.
1128 (ii) The municipality shall post the notices at least seven days before the first public
1129 hearing required under Subsection (4) is held.
1130 Section 19. Section 10-18-302 is amended to read:
1131 10-18-302. Bonding authority.
1132 (1) In accordance with Title 11, Chapter 14, Local Government Bonding Act, the
1133 legislative body of a municipality may by resolution determine to issue one or more revenue
1134 bonds or general obligation bonds to finance the capital costs for facilities necessary to
1135 provide to subscribers:
1136 (a) a cable television service; or
1137 (b) a public telecommunications service.
1138 (2) The resolution described in Subsection (1) shall:
1139 (a) describe the purpose for which the indebtedness is to be created; and
1140 (b) specify the dollar amount of the one or more bonds proposed to be issued.
1141 (3) (a) A revenue bond issued under this section shall be secured and paid for:
1142 (i) from the revenues generated by the municipality from providing:
1143 (A) cable television services with respect to revenue bonds issued to finance facilities
1144 for the municipality's cable television services; and
1145 (B) public telecommunications services with respect to revenue bonds issued to
1146 finance facilities for the municipality's public telecommunications services; and
1147 (ii) notwithstanding Subsection (3)(b) and Subsection 10-18-303 (3)(a), from revenues
1148 generated under Title 59, Chapter 12, Sales and Use Tax Act, if:
1149 (A) notwithstanding Subsection 11-14-201 (3) and except as provided in Subsections
1150 (4) and (5), the revenue bond is approved by the registered voters in an election held:
1151 (I) except as provided in Subsection (3)(a)(ii)(A)(II), pursuant to the provisions of
1152 Title 11, Chapter 14, Local Government Bonding Act, that govern bond elections; and
1153 (II) notwithstanding Subsection 11-14-203 (2), at a regular general election;
1154 (B) the revenues described in this Subsection (3)(a)(ii) are pledged as security for the
1155 revenue bond; and
1156 (C) the municipality or municipalities annually appropriate the revenues described in
1157 this Subsection (3)(a)(ii) to secure and pay the revenue bond issued under this section.
1158 (b) Except as provided in Subsection (3)(a)(ii), a municipality may not pay the
1159 origination, financing, or other carrying costs associated with the one or more revenue bonds
1160 issued under this section from the general funds or other enterprise funds of the municipality.
1161 (4) (a) As used in this Subsection (4), "municipal entity" means an entity created
1162 pursuant to an agreement:
1163 (i) under Title 11, Chapter 13, Interlocal Cooperation Act; and
1164 (ii) to which a municipality is a party.
1165 (b) The requirements of Subsection (3)(a)(ii)(A) do not apply to a municipality or
1166 municipal entity that issues revenue bonds, or to a municipality that is a member of a
1167 municipal entity that issues revenue bonds, if:
1168 (i) on or before March 2, 2004, the municipality that is issuing revenue bonds or that
1169 is a member of a municipal entity that is issuing revenue bonds has published the first notice
1170 described in Subsection (4)(b)(iii);
1171 (ii) on or before April 15, 2004, the municipality that is issuing revenue bonds or that
1172 is a member of a municipal entity that is issuing revenue bonds makes the decision to pledge
1173 the revenues described in Subsection (3)(a)(ii) as security for the revenue bonds described in
1174 this Subsection (4)(b)(ii);
1175 (iii) the municipality that is issuing the revenue bonds or the municipality that is a
1176 member of the municipal entity that is issuing the revenue bonds has:
1177 (A) held a public hearing for which public notice was given by publication of the
1178 notice:
1179 (I) in a newspaper published in the municipality or in a newspaper of general
1180 circulation within the municipality for two consecutive weeks, with the first publication being
1181 not less than 14 days before the public hearing; and
1182 (II) [
1183 in Section 63F-1-701 , for two weeks before the public hearing; and
1184 (B) the notice identifies:
1185 (I) that the notice is given pursuant to Title 11, Chapter 14, Local Government
1186 Bonding Act;
1187 (II) the purpose for the bonds to be issued;
1188 (III) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will
1189 be pledged in any fiscal year;
1190 (IV) the maximum number of years that the pledge will be in effect; and
1191 (V) the time, place, and location for the public hearing;
1192 (iv) the municipal entity that issues revenue bonds:
1193 (A) adopts a final financing plan; and
1194 (B) in accordance with Title 63G, Chapter 2, Government Records Access and
1195 Management Act, makes available to the public at the time the municipal entity adopts the
1196 final financing plan:
1197 (I) the final financing plan; and
1198 (II) all contracts entered into by the municipal entity, except as protected by Title 63G,
1199 Chapter 2, Government Records Access and Management Act;
1200 (v) any municipality that is a member of a municipal entity described in Subsection
1201 (4)(b)(iv):
1202 (A) not less than 30 calendar days after the municipal entity complies with Subsection
1203 (4)(b)(iv)(B), holds a final public hearing;
1204 (B) provides notice, at the time the municipality schedules the final public hearing, to
1205 any person who has provided to the municipality a written request for notice; and
1206 (C) makes all reasonable efforts to provide fair opportunity for oral testimony by all
1207 interested parties; and
1208 (vi) except with respect to a municipality that issued bonds prior to March 1, 2004,
1209 not more than 50% of the average annual debt service of all revenue bonds described in this
1210 section to provide service throughout the municipality or municipal entity may be paid from
1211 the revenues described in Subsection (3)(a)(ii).
1212 (5) On or after July 1, 2007, the requirements of Subsection (3)(a)(ii)(A) do not apply
1213 to a municipality that issues revenue bonds if:
1214 (a) the municipality that is issuing the revenue bonds has:
1215 (i) held a public hearing for which public notice was given by publication of the
1216 notice:
1217 (A) in a newspaper published in the municipality or in a newspaper of general
1218 circulation within the municipality for two consecutive weeks, with the first publication being
1219 not less than 14 days before the public hearing; and
1220 (B) on the Utah Public Notice Website created in Section 63F-1-701 , for 14 days
1221 before the public hearing; and
1222 (ii) the notice identifies:
1223 (A) that the notice is given pursuant to Title 11, Chapter 14, Local Government
1224 Bonding Act;
1225 (B) the purpose for the bonds to be issued;
1226 (C) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will
1227 be pledged in any fiscal year;
1228 (D) the maximum number of years that the pledge will be in effect; and
1229 (E) the time, place, and location for the public hearing; and
1230 (b) except with respect to a municipality that issued bonds prior to March 1, 2004, not
1231 more than 50% of the average annual debt service of all revenue bonds described in this
1232 section to provide service throughout the municipality or municipal entity may be paid from
1233 the revenues described in Subsection (3)(a)(ii).
1234 (6) A municipality that issues bonds pursuant to this section may not make or grant
1235 any undue or unreasonable preference or advantage to itself or to any private provider of:
1236 (a) cable television services; or
1237 (b) public telecommunications services.
1238 Section 20. Section 11-14-202 is amended to read:
1239 11-14-202. Notice of election -- Contents -- Publication -- Mailing.
1240 (1) The governing body shall ensure that notice of the election is published:
1241 (a) [
1242 in accordance with Section 11-14-316 [
1243
1244 election; and
1245 [
1246 (b) in accordance with Section 45-1-101 for the three weeks that immediately precede
1247 the election.
1248 (2) When the debt service on the bonds to be issued will increase the property tax
1249 imposed upon the average value of a residence by an amount that is greater than or equal to
1250 $15 per year, the governing body shall, at least seven days but not more than 30 days before
1251 the bond election, if the bond election is not held on the date of a regular primary election, a
1252 municipal primary election, a regular general election, or a municipal general election, either
1253 mail:
1254 (a) written notice of the bond election on a minimum three inch by five inch postcard
1255 to every household containing a registered voter who is eligible to vote on the bonds; or
1256 (b) a voter information pamphlet prepared by the governing body, if one is prepared,
1257 that includes the information required by Subsection (4).
1258 (3) (a) Except as provided in Subsection (3)(b), notice of the bond election need not be
1259 posted.
1260 (b) (i) In a local political subdivision where there is no newspaper of general
1261 circulation, the legislative body may require that notice of a bond election be given by posting
1262 in lieu of the publication requirements of Subsection (1)(a)(i).
1263 (ii) When the governing body imposes a posting requirement, the governing body shall
1264 ensure that notice of the bond election is posted in at least five public places in the local
1265 political subdivision at least 21 days before the election.
1266 (4) Any notice required by this section shall include:
1267 (a) the date and place of the election;
1268 (b) the hours during which the polls will be open; and
1269 (c) the title and text of the ballot proposition.
1270 (5) The governing body shall pay the costs associated with the notice required by this
1271 section.
1272 Section 21. Section 11-42-402 is amended to read:
1273 11-42-402. Notice of assessment and board of equalization hearing.
1274 Each notice required under Subsection 11-42-401 (2)(a)(iii) shall:
1275 (1) state:
1276 (a) that an assessment list is completed and available for examination at the offices of
1277 the local entity;
1278 (b) the total estimated or actual cost of the improvements;
1279 (c) the amount of the total estimated or actual cost of the proposed improvements to be
1280 paid by the local entity;
1281 (d) the amount of the assessment to be levied against benefitted property within the
1282 assessment area;
1283 (e) the assessment method used to calculate the proposed assessment;
1284 (f) the unit cost used to calculate the assessments shown on the assessment list, based
1285 on the assessment method used to calculate the proposed assessment; and
1286 (g) the dates, times, and place of the board of equalization hearings under Subsection
1287 11-42-401 (2)(b);
1288 (2) beginning at least 20 but not more than 35 days before the first hearing of the
1289 board of equalization:
1290 (a) (i) be published at least once in a newspaper of general circulation within the local
1291 entity's jurisdictional boundaries; or
1292 (ii) if there is no newspaper of general circulation within the local entity's
1293 jurisdictional boundaries, be posted in at least three public places within the local entity's
1294 jurisdictional boundaries; and
1295 (b) be published [
1296 Website created in Section 63F-1-701 for 35 days before the first hearing of the board of
1297 equalization; and
1298 (3) be mailed, postage prepaid, within 10 days after the first publication or posting of
1299 the notice under Subsection (2) to each owner of property to be assessed within the proposed
1300 assessment area at the property owner's mailing address.
1301 Section 22. Section 17-27a-204 is amended to read:
1302 17-27a-204. Notice of public hearings and public meetings to consider general
1303 plan or modifications.
1304 (1) A county shall provide:
1305 (a) notice of the date, time, and place of the first public hearing to consider the
1306 original adoption or any modification of all or any portion of a general plan; and
1307 (b) notice of each public meeting on the subject.
1308 (2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10
1309 calendar days before the public hearing and shall be:
1310 (a) (i) published in a newspaper of general circulation in the area; and
1311 (ii) published [
1312 Website created in Section 63F-1-701 ;
1313 (b) mailed to each affected entity; and
1314 (c) posted:
1315 (i) in at least three public locations within the county; or
1316 (ii) on the county's official website.
1317 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1318 before the meeting and shall be:
1319 (a) (i) submitted to a newspaper of general circulation in the area; and
1320 (ii) published [
1321 Website created in Section 63F-1-701 ; and
1322 (b) posted:
1323 (i) in at least three public locations within the county; or
1324 (ii) on the county's official website.
1325 Section 23. Section 17-27a-205 is amended to read:
1326 17-27a-205. Notice of public hearings and public meetings on adoption or
1327 modification of land use ordinance.
1328 (1) Each county shall give:
1329 (a) notice of the date, time, and place of the first public hearing to consider the
1330 adoption or modification of a land use ordinance; and
1331 (b) notice of each public meeting on the subject.
1332 (2) Each notice of a public hearing under Subsection (1)(a) shall be:
1333 (a) mailed to each affected entity at least 10 calendar days before the public hearing;
1334 (b) posted:
1335 (i) in at least three public locations within the county; or
1336 (ii) on the county's official website; and
1337 (c) (i) published:
1338 (A) in a newspaper of general circulation in the area at least 10 calendar days before
1339 the public hearing; and
1340 (B) [
1341 in Section 63F-1-701 , at least 10 calendar days before the public hearing; or
1342 (ii) mailed at least three days before the public hearing to:
1343 (A) each property owner whose land is directly affected by the land use ordinance
1344 change; and
1345 (B) each adjacent property owner within the parameters specified by county
1346 ordinance.
1347 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1348 before the hearing and shall be posted:
1349 (a) in at least three public locations within the county; or
1350 (b) on the county's official website.
1351 Section 24. Section 17-27a-208 is amended to read:
1352 17-27a-208. Hearing and notice for proposal to vacate a public street,
1353 right-of-way, or easement.
1354 (1) For any proposal to vacate some or all of a public street, right-of-way, or easement,
1355 the legislative body shall:
1356 (a) hold a public hearing; and
1357 (b) give notice of the date, place, and time of the hearing, as provided in Subsection
1358 (2).
1359 (2) At least 10 days before the public hearing under Subsection (1)(a), the notice
1360 required under Subsection (1)(b) shall be:
1361 (a) mailed to the record owner of each parcel that is accessed by the public street,
1362 right-of-way, or easement;
1363 (b) mailed to each affected entity;
1364 (c) posted on or near the street, right-of-way, or easement in a manner that is
1365 calculated to alert the public; and
1366 (d) (i) published in a newspaper of general circulation in the county in which the land
1367 subject to the petition is located; and
1368 (ii) published [
1369 created in Section 63F-1-701 .
1370 Section 25. Section 17-27a-306 is amended to read:
1371 17-27a-306. Townships.
1372 (1) (a) A township may be established as provided in this Subsection (1).
1373 (b) A township may not be established unless the area to be included within the
1374 proposed township:
1375 (i) is unincorporated;
1376 (ii) is contiguous; and
1377 (iii) (A) contains:
1378 (I) at least 20% but not more than 80% of:
1379 (Aa) the total private land area in the unincorporated county; or
1380 (Bb) the total value of locally assessed taxable property in the unincorporated county;
1381 or
1382 (II) (Aa) in a county of the first, second, or third class, at least 5% of the total
1383 population of the unincorporated county; or
1384 (Bb) in a county of the fourth, fifth, or sixth class, at least 25% of the total population
1385 of the unincorporated county; or
1386 (B) has been declared by the United States Census Bureau as a census designated
1387 place.
1388 (c) (i) The process to establish a township is initiated by the filing of a petition with
1389 the clerk of the county in which the proposed township is located.
1390 (ii) A petition to establish a township may not be filed if it proposes the establishment
1391 of a township that includes an area within a proposed township in a petition that has
1392 previously been certified under Subsection (1)(f), until after the canvass of an election on the
1393 proposed township under Subsection (1)(h).
1394 (d) A petition under Subsection (1)(c) to establish a township shall:
1395 (i) be signed by the owners of private real property that:
1396 (A) is located within the proposed township;
1397 (B) covers at least 10% of the total private land area within the proposed township;
1398 and
1399 (C) is equal in value to at least 10% of the value of all private real property within the
1400 proposed township;
1401 (ii) be accompanied by an accurate plat or map showing the boundary of the
1402 contiguous area proposed to be established as a township;
1403 (iii) indicate the typed or printed name and current residence address of each owner
1404 signing the petition;
1405 (iv) designate up to five signers of the petition as petition sponsors, one of whom shall
1406 be designated as the contact sponsor, with the mailing address and telephone number of each
1407 petition sponsor;
1408 (v) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
1409 petition for purposes of the petition; and
1410 (vi) request the county legislative body to provide notice of the petition and of a public
1411 hearing, hold a public hearing, and conduct an election on the proposal to establish a
1412 township.
1413 (e) Subsection 10-2-101 (3) applies to a petition to establish a township to the same
1414 extent as if it were an incorporation petition under Title 10, Chapter 2, Part 1, Incorporation.
1415 (f) (i) Within seven days after the filing of a petition under Subsection (1)(c)
1416 proposing the establishment of a township in a county of the first or second class, the county
1417 clerk shall provide notice of the filing of the petition to:
1418 (A) each owner of real property owning more than 1% of the assessed value of all real
1419 property within the proposed township; and
1420 (B) each owner of real property owning more than 850 acres of real property within
1421 the proposed township.
1422 (ii) A property owner may exclude all or part of the property owner's property from a
1423 proposed township in a county of the first or second class:
1424 (A) if:
1425 (I) (Aa) (Ii) the property owner owns more than 1% of the assessed value of all
1426 property within the proposed township;
1427 (IIii) the property is nonurban; and
1428 (IIIiii) the property does not or will not require municipal provision of municipal-type
1429 services; or
1430 (Bb) the property owner owns more than 850 acres of real property within the
1431 proposed township; and
1432 (II) exclusion of the property will not leave within the township an island of property
1433 that is not part of the township; and
1434 (B) by filing a notice of exclusion within 10 days after receiving the clerk's notice
1435 under Subsection (1)(f)(i).
1436 (iii) (A) The county legislative body shall exclude from the proposed township the
1437 property identified in a notice of exclusion timely filed under Subsection (1)(f)(ii)(B) if the
1438 property meets the applicable requirements of Subsection (1)(f)(ii)(A).
1439 (B) If the county legislative body excludes property from a proposed township under
1440 Subsection (1)(f)(iii), the county legislative body shall, within five days after the exclusion,
1441 send written notice of its action to the contact sponsor.
1442 (g) (i) Within 45 days after the filing of a petition under Subsection (1)(c), the county
1443 clerk shall:
1444 (A) with the assistance of other county officers from whom the clerk requests
1445 assistance, determine whether the petition complies with the requirements of Subsection
1446 (1)(d); and
1447 (B) (I) if the clerk determines that the petition complies with the requirements of
1448 Subsection (1)(d):
1449 (Aa) certify the petition and deliver the certified petition to the county legislative
1450 body; and
1451 (Bb) mail or deliver written notification of the certification to the contact sponsor; or
1452 (II) if the clerk determines that the petition fails to comply with any of the
1453 requirements of Subsection (1)(d), reject the petition and notify the contact sponsor in writing
1454 of the rejection and the reasons for the rejection.
1455 (ii) If the county clerk rejects a petition under Subsection (1)(g)(i)(B)(II), the petition
1456 may be amended to correct the deficiencies for which it was rejected and then refiled with the
1457 county clerk.
1458 (h) (i) Within 90 days after a petition to establish a township is certified, the county
1459 legislative body shall hold a public hearing on the proposal to establish a township.
1460 (ii) A public hearing under Subsection (1)(h)(i) shall be:
1461 (A) within the boundary of the proposed township; or
1462 (B) if holding a public hearing in that area is not practicable, as close to that area as
1463 practicable.
1464 (iii) At least one week before holding a public hearing under Subsection (1)(h)(i), the
1465 county legislative body shall publish notice of the petition and the time, date, and place of the
1466 public hearing:
1467 (A) at least once in a newspaper of general circulation in the county; and
1468 (B) [
1469 Section 63F-1-701 .
1470 (i) Following the public hearing under Subsection (1)(h)(i), the county legislative body
1471 shall arrange for the proposal to establish a township to be submitted to voters residing within
1472 the proposed township at the next regular general election that is more than 90 days after the
1473 public hearing.
1474 (j) A township is established at the time of the canvass of the results of an election
1475 under Subsection (1)(i) if the canvass indicates that a majority of voters voting on the proposal
1476 to establish a township voted in favor of the proposal.
1477 (k) (i) A township that was dissolved under Laws of Utah 1997, Chapter 389, is
1478 reinstated as a township under this part with the same boundaries and name as before the
1479 dissolution, if the former township consisted of a single, contiguous land area.
1480 (ii) Notwithstanding Subsection (1)(k)(i), a county legislative body may enact an
1481 ordinance establishing as a township under this part a former township that was dissolved
1482 under Laws of Utah 1997, Chapter 389, even though the former township does not qualify to
1483 be reinstated under Subsection (1)(k)(i).
1484 (iii) A township reinstated under Subsection (1)(k)(i) or established under Subsection
1485 (1)(k)(ii) is subject to the provisions of this part.
1486 (l) A township established under this section on or after May 5, 1997, may use the
1487 word "township" in its name.
1488 (2) The county legislative body may:
1489 (a) assign to the countywide planning commission the duties established in this part
1490 that would have been assumed by a township planning commission designated under
1491 Subsection (2)(b); or
1492 (b) designate and appoint a planning commission for the township.
1493 (3) (a) An area within the boundary of a township may be withdrawn from the
1494 township as provided in this Subsection (3).
1495 (b) The process to withdraw an area from a township is initiated by the filing of a
1496 petition with the clerk of the county in which the township is located.
1497 (c) A petition under Subsection (3)(b) shall:
1498 (i) be signed by the owners of private real property that:
1499 (A) is located within the area proposed to be withdrawn from the township;
1500 (B) covers at least 50% of the total private land area within the area proposed to be
1501 withdrawn from the township; and
1502 (C) is equal in value to at least 33% of the value of all private real property within the
1503 area proposed to be withdrawn from the township;
1504 (ii) state the reason or reasons for the proposed withdrawal;
1505 (iii) be accompanied by an accurate plat or map showing the boundary of the
1506 contiguous area proposed to be withdrawn from the township;
1507 (iv) indicate the typed or printed name and current residence address of each owner
1508 signing the petition;
1509 (v) designate up to five signers of the petition as petition sponsors, one of whom shall
1510 be designated as the contact sponsor, with the mailing address and telephone number of each
1511 petition sponsor;
1512 (vi) authorize the petition sponsor or sponsors to act on behalf of all owners signing
1513 the petition for purposes of the petition; and
1514 (vii) request the county legislative body to withdraw the area from the township.
1515 (d) Subsection 10-2-101 (3) applies to a petition to withdraw an area from a township
1516 to the same extent as if it were an incorporation petition under Title 10, Chapter 2, Part 1,
1517 Incorporation.
1518 (e) (i) Within 45 days after the filing of a petition under Subsection (3)(b), the county
1519 clerk shall:
1520 (A) with the assistance of other county officers from whom the clerk requests
1521 assistance, determine whether the petition complies with the requirements of Subsection
1522 (3)(c); and
1523 (B) (I) if the clerk determines that the petition complies with the requirements of
1524 Subsection (3)(c):
1525 (Aa) certify the petition and deliver the certified petition to the county legislative
1526 body; and
1527 (Bb) mail or deliver written notification of the certification to the contact sponsor; or
1528 (II) if the clerk determines that the petition fails to comply with any of the
1529 requirements of Subsection (3)(c), reject the petition and notify the contact sponsor in writing
1530 of the rejection and the reasons for the rejection.
1531 (ii) If the county clerk rejects a petition under Subsection (3)(e)(i)(B)(II), the petition
1532 may be amended to correct the deficiencies for which it was rejected and then refiled with the
1533 county clerk.
1534 (f) (i) Within 60 days after a petition to withdraw an area from a township is certified,
1535 the county legislative body shall hold a public hearing on the proposal to withdraw the area
1536 from the township.
1537 (ii) A public hearing under Subsection (3)(f)(i) shall be held:
1538 (A) within the area proposed to be withdrawn from the township; or
1539 (B) if holding a public hearing in that area is not practicable, as close to that area as
1540 practicable.
1541 (iii) Before holding a public hearing under Subsection (3)(f)(i), the county legislative
1542 body shall:
1543 (A) publish notice of the petition and the time, date, and place of the public hearing:
1544 (I) at least once a week for three consecutive weeks in a newspaper of general
1545 circulation in the township; and
1546 (II) [
1547 Section 63F-1-701 , for three consecutive weeks; and
1548 (B) mail a notice of the petition and the time, date, and place of the public hearing to
1549 each owner of private real property within the area proposed to be withdrawn.
1550 (g) (i) Within 45 days after the public hearing under Subsection (3)(f)(i), the county
1551 legislative body shall make a written decision on the proposal to withdraw the area from the
1552 township.
1553 (ii) In making its decision as to whether to withdraw the area from the township, the
1554 county legislative body shall consider:
1555 (A) whether the withdrawal would leave the remaining township in a situation where
1556 the future incorporation of an area within the township or the annexation of an area within the
1557 township to an adjoining municipality would be economically or practically not feasible;
1558 (B) if the withdrawal is a precursor to the incorporation or annexation of the
1559 withdrawn area:
1560 (I) whether the proposed subsequent incorporation or withdrawal:
1561 (Aa) will leave or create an unincorporated island or peninsula; or
1562 (Bb) will leave the county with an area within its unincorporated area for which the
1563 cost, requirements, or other burdens of providing municipal services would materially increase
1564 over previous years; and
1565 (II) whether the municipality to be created or the municipality into which the
1566 withdrawn area is expected to annex would be or is capable, in a cost effective manner, of
1567 providing service to the withdrawn area that the county will no longer provide due to the
1568 incorporation or annexation;
1569 (C) the effects of a withdrawal on adjoining property owners, existing or projected
1570 county streets or other public improvements, law enforcement, and zoning and other municipal
1571 services provided by the county; and
1572 (D) whether justice and equity favor the withdrawal.
1573 (h) Upon the written decision of the county legislative body approving the withdrawal
1574 of an area from a township, the area is withdrawn from the township and the township
1575 continues as a township with a boundary that excludes the withdrawn area.
1576 (4) (a) A township may be dissolved as provided in this Subsection (4).
1577 (b) The process to dissolve a township is initiated by the filing of a petition with the
1578 clerk of the county in which the township is located.
1579 (c) A petition under Subsection (4)(b) shall:
1580 (i) be signed by registered voters within the township equal in number to at least 25%
1581 of all votes cast by voters within the township at the last congressional election;
1582 (ii) state the reason or reasons for the proposed dissolution;
1583 (iii) indicate the typed or printed name and current residence address of each person
1584 signing the petition;
1585 (iv) designate up to five signers of the petition as petition sponsors, one of whom shall
1586 be designated as the contact sponsor, with the mailing address and telephone number of each
1587 petition sponsor;
1588 (v) authorize the petition sponsors to act on behalf of all persons signing the petition
1589 for purposes of the petition; and
1590 (vi) request the county legislative body to provide notice of the petition and of a public
1591 hearing, hold a public hearing, and conduct an election on the proposal to dissolve the
1592 township.
1593 (d) (i) Within 45 days after the filing of a petition under Subsection (4)(b), the county
1594 clerk shall:
1595 (A) with the assistance of other county officers from whom the clerk requests
1596 assistance, determine whether the petition complies with the requirements of Subsection
1597 (4)(c); and
1598 (B) (I) if the clerk determines that the petition complies with the requirements of
1599 Subsection (4)(c):
1600 (Aa) certify the petition and deliver the certified petition to the county legislative
1601 body; and
1602 (Bb) mail or deliver written notification of the certification to the contact sponsor; or
1603 (II) if the clerk determines that the petition fails to comply with any of the
1604 requirements of Subsection (4)(c), reject the petition and notify the contact sponsor in writing
1605 of the rejection and the reasons for the rejection.
1606 (ii) If the county clerk rejects a petition under Subsection (4)(d)(i)(B)(II), the petition
1607 may be amended to correct the deficiencies for which it was rejected and then refiled with the
1608 county clerk.
1609 (e) (i) Within 60 days after a petition to dissolve the township is certified, the county
1610 legislative body shall hold a public hearing on the proposal to dissolve the township.
1611 (ii) A public hearing under Subsection (4)(e)(i) shall be held:
1612 (A) within the boundary of the township; or
1613 (B) if holding a public hearing in that area is not practicable, as close to that area as
1614 practicable.
1615 (iii) Before holding a public hearing under Subsection (4)(e)(i), the county legislative
1616 body shall publish notice of the petition and the time, date, and place of the public hearing:
1617 (A) at least once a week for three consecutive weeks in a newspaper of general
1618 circulation in the township[
1619 (B) on the Utah Public Notice Website created in Section 63F-1-701 , for three
1620 consecutive weeks immediately before the public hearing.
1621 (f) Following the public hearing under Subsection (4)(e)(i), the county legislative body
1622 shall arrange for the proposal to dissolve the township to be submitted to voters residing
1623 within the township at the next regular general election that is more than 90 days after the
1624 public hearing.
1625 (g) A township is dissolved at the time of the canvass of the results of an election
1626 under Subsection (4)(f) if the canvass indicates that a majority of voters voting on the proposal
1627 to dissolve the township voted in favor of the proposal.
1628 Section 26. Section 17-27a-404 is amended to read:
1629 17-27a-404. Public hearing by planning commission on proposed general plan or
1630 amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
1631 by legislative body.
1632 (1) (a) After completing its recommendation for a proposed general plan, or proposal
1633 to amend the general plan, the planning commission shall schedule and hold a public hearing
1634 on the proposed plan or amendment.
1635 (b) The planning commission shall provide notice of the public hearing, as required by
1636 Section 17-27a-204 .
1637 (c) After the public hearing, the planning commission may modify the proposed
1638 general plan or amendment.
1639 (2) The planning commission shall forward the proposed general plan or amendment
1640 to the legislative body.
1641 (3) (a) As provided by local ordinance and by Section 17-27a-204 , the legislative body
1642 shall provide notice of its intent to consider the general plan proposal.
1643 (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
1644 body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
1645 regarding Subsection 17-27a-401 (3). The hearing procedure shall comply with this
1646 Subsection (3)(b).
1647 (ii) The hearing format shall allow adequate time for public comment at the actual
1648 public hearing, and shall also allow for public comment in writing to be submitted to the
1649 legislative body for not fewer than 90 days after the date of the public hearing.
1650 (c) (i) The legislative body shall give notice of the hearing in accordance with this
1651 Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401 (3) are
1652 complete.
1653 (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
1654 the state Legislature, executive director of the Department of Environmental Quality, the state
1655 planning coordinator, the Resource Development Coordinating Committee, and any other
1656 citizens or entities who specifically request notice in writing.
1657 (iii) Public notice shall be given by publication:
1658 (A) in at least one major Utah newspaper having broad general circulation in the state;
1659 [
1660 (B) in at least one Utah newspaper having a general circulation focused mainly on the
1661 county where the proposed high-level nuclear waste or greater than class C radioactive waste
1662 site is to be located; and
1663 (C) [
1664 Section 63F-1-701 .
1665 (iv) The notice shall be published to allow reasonable time for interested parties and
1666 the state to evaluate the information regarding the provisions of Subsection 17-27a-401 (3),
1667 including:
1668 (A) in a newspaper described in Subsection (3)(c)(iii)(A), no less than 180 days before
1669 the date of the hearing to be held under this Subsection (3); and
1670 (B) publication described in Subsection (3)(c)(iii)(B) or (C) for 180 days before the
1671 date of the hearing to be held under this Subsection (3).
1672 (4) (a) After the public hearing required under this section, the legislative body may
1673 make any revisions to the proposed general plan that it considers appropriate.
1674 (b) The legislative body shall respond in writing and in a substantive manner to all
1675 those providing comments as a result of the hearing required by Subsection (3).
1676 (5) (a) The county legislative body may adopt or reject the proposed general plan or
1677 amendment either as proposed by the planning commission or after making any revision the
1678 county legislative body considers appropriate.
1679 (b) If the county legislative body rejects the proposed general plan or amendment, it
1680 may provide suggestions to the planning commission for its consideration.
1681 (6) The legislative body shall adopt:
1682 (a) a land use element as provided in Subsection 17-27a-403 (2)(a)(i);
1683 (b) a transportation and traffic circulation element as provided in Subsection
1684 17-27a-403 (2)(a)(ii); and
1685 (c) after considering the factors included in Subsection 17-27a-403 (2)(b), a plan to
1686 provide a realistic opportunity to meet estimated needs for additional moderate income
1687 housing if long-term projections for land use and development occur.
1688 Section 27. Section 17-36-12 is amended to read:
1689 17-36-12. Notice of budget hearing.
1690 (1) The governing body shall determine the time and place for the public hearing on
1691 the adoption of the budget.
1692 (2) Notice of such hearing shall be published:
1693 (a) (i) at least seven days before the hearing in at least one newspaper of general
1694 circulation within the county, if there is such a paper; or
1695 (ii) if there is no newspaper as described in Subsection (2)(a)(i), by posting notice in
1696 three conspicuous places within the county seven days before the hearing; and
1697 (b) [
1698 in Section 63F-1-701 , for seven days before the hearing.
1699 Section 28. Section 17-36-26 is amended to read:
1700 17-36-26. Increase in general fund budget.
1701 (1) (a) The budget of the general fund may be increased by resolution of the governing
1702 body, only after a duly called hearing shall have been held and all interested parties shall have
1703 been given an opportunity to be heard.
1704 (b) Notice of such hearing shall be published at least five days before such hearing:
1705 (i) (A) in at least one issue of a newspaper generally circulated in the county; or
1706 (B) if there is not a newspaper generally circulated in the county, the hearing may be
1707 published by posting notice in three conspicuous places within the county; and
1708 (ii) [
1709 Section 63F-1-701 .
1710 (2) After such public hearing the governing body may amend the general fund budget
1711 as it deems appropriate with due consideration to matters discussed at the public hearing and
1712 to revised estimates of revenues.
1713 Section 29. Section 17-41-304 is amended to read:
1714 17-41-304. Public hearing -- Review and action on proposal.
1715 (1) After receipt of the written reports from the advisory committee and planning
1716 commission, or after the 45 days have expired, whichever is earlier, the county or municipal
1717 legislative body shall:
1718 (a) schedule a public hearing;
1719 (b) provide notice of the public hearing by:
1720 (i) publishing notice:
1721 (A) in a newspaper having general circulation within:
1722 (I) the same county as the land proposed for inclusion within the agriculture protection
1723 area or industrial protection area, if the land is within the unincorporated part of the county; or
1724 (II) the same city or town as the land proposed for inclusion within an agriculture
1725 protection area or industrial protection area, if the land is within a city or town; and
1726 (B) [
1727 Section 63F-1-701 ;
1728 (ii) posting notice at five public places, designated by the applicable legislative body,
1729 within or near the proposed agriculture protection area or industrial protection area; and
1730 (iii) mailing written notice to each owner of land within 1,000 feet of the land
1731 proposed for inclusion within an agriculture protection area or industrial protection area; and
1732 (c) ensure that the notice includes:
1733 (i) the time, date, and place of the public hearing on the proposal;
1734 (ii) a description of the proposed agriculture protection area or industrial protection
1735 area;
1736 (iii) any proposed modifications to the proposed agriculture protection area or
1737 industrial protection area;
1738 (iv) a summary of the recommendations of the advisory committee and planning
1739 commission; and
1740 (v) a statement that interested persons may appear at the public hearing and speak in
1741 favor of or against the proposal, any proposed modifications to the proposal, or the
1742 recommendations of the advisory committee and planning commission.
1743 (2) The applicable legislative body shall:
1744 (a) convene the public hearing at the time, date, and place specified in the notice; and
1745 (b) take verbal or written testimony from interested persons.
1746 (3) (a) Within 120 days of the submission of the proposal, the applicable legislative
1747 body shall approve, modify and approve, or reject the proposal.
1748 (b) The creation of an agriculture protection area or industrial protection area is
1749 effective at the earlier of:
1750 (i) the applicable legislative body's approval of a proposal or modified proposal; or
1751 (ii) 120 days after submission of a proposal complying with Subsection 17-41-301 (2)
1752 if the applicable legislative body has failed to approve or reject the proposal within that time.
1753 (4) (a) In order to give constructive notice of the existence of the agriculture protection
1754 area or industrial protection area to all persons who have, may acquire, or may seek to acquire
1755 an interest in land in or adjacent to the agriculture protection area or industrial protection area,
1756 respectively, within 10 days of the creation of an agriculture protection area or industrial
1757 protection area, the applicable legislative body shall file an executed document containing a
1758 legal description of the agriculture protection area or industrial protection area, as the case
1759 may be, with:
1760 (i) the county recorder of deeds; and
1761 (ii) the affected planning commission.
1762 (b) If the legal description of the property to be included in the agriculture protection
1763 area or industrial protection area is available through the county recorder's office, the
1764 applicable legislative body shall use that legal description in its executed document required in
1765 Subsection (4)(a).
1766 (5) Within 10 days of the recording of the agriculture protection area, the applicable
1767 legislative body shall:
1768 (a) send written notification to the commissioner of agriculture and food that the
1769 agriculture protection area has been created; and
1770 (b) include in the notification:
1771 (i) the number of landowners owning land within the agriculture protection area;
1772 (ii) the total acreage of the area;
1773 (iii) the date of approval of the area; and
1774 (iv) the date of recording.
1775 (6) The applicable legislative body's failure to record the notice required under
1776 Subsection (4) or to send the written notification under Subsection (5) does not invalidate the
1777 creation of an agriculture protection area.
1778 (7) The applicable legislative body may consider the cost of recording notice under
1779 Subsection (4) and the cost of sending notification under Subsection (5) in establishing a fee
1780 under Subsection 17-41-301 (4)(b).
1781 Section 30. Section 17-41-405 is amended to read:
1782 17-41-405. Eminent domain restrictions.
1783 (1) A political subdivision having or exercising eminent domain powers may not
1784 condemn for any purpose any land within an agriculture protection area that is being used for
1785 agricultural production or any land within an industrial protection area that is being put to an
1786 industrial use unless it has obtained approval, according to the procedures and requirements of
1787 this section, from the applicable legislative body and the advisory board.
1788 (2) Any condemnor wishing to condemn property within an agriculture protection area
1789 or industrial protection area shall file a notice of condemnation with the applicable legislative
1790 body and the agriculture protection area or industrial protection area's advisory board at least
1791 30 days before filing an eminent domain complaint.
1792 (3) The applicable legislative body and the advisory board shall:
1793 (a) hold a joint public hearing on the proposed condemnation at a location within the
1794 county in which the agriculture protection area or industrial protection area is located;
1795 (b) publish notice of the time, date, place, and purpose of the public hearing:
1796 (i) in a newspaper of general circulation within the agriculture protection area or
1797 industrial protection area, as the case may be; and
1798 (ii) [
1799 Section 63F-1-701 ; and
1800 (c) post notice of the time, date, place, and purpose of the public hearing in five
1801 conspicuous public places, designated by the applicable legislative body, within or near the
1802 agriculture protection area or industrial protection area, as the case may be.
1803 (4) (a) If the condemnation is for highway purposes or for the disposal of solid or
1804 liquid waste materials, the applicable legislative body and the advisory board may approve the
1805 condemnation only if there is no reasonable and prudent alternative to the use of the land
1806 within the agriculture protection area or industrial protection area for the project.
1807 (b) If the condemnation is for any other purpose, the applicable legislative body and
1808 the advisory board may approve the condemnation only if:
1809 (i) the proposed condemnation would not have an unreasonably adverse effect upon
1810 the preservation and enhancement of agriculture within the agriculture protection area or of
1811 the industrial use within the industrial protection area; or
1812 (ii) there is no reasonable and prudent alternative to the use of the land within the
1813 agriculture protection area or industrial protection area for the project.
1814 (5) (a) Within 60 days after receipt of the notice of condemnation, the applicable
1815 legislative body and the advisory board shall approve or reject the proposed condemnation.
1816 (b) If the applicable legislative body and the advisory board fail to act within the 60
1817 days or such further time as the applicable legislative body establishes, the condemnation shall
1818 be considered rejected.
1819 (6) The applicable legislative body or the advisory board may request the county or
1820 municipal attorney to bring an action to enjoin any condemnor from violating any provisions
1821 of this section.
1822 Section 31. Section 17B-1-211 is amended to read:
1823 17B-1-211. Notice of public hearings -- Publication of resolution.
1824 (1) Before holding a public hearing or set of public hearings under Section 17B-1-210 ,
1825 the legislative body of each county or municipality with which a request is filed or that adopts
1826 a resolution under Subsection 17B-1-203 (1)(c) and the board of trustees of each local district
1827 that adopts a resolution under Subsection 17B-1-203 (1)(d) shall:
1828 (a) (i) (A) except as provided in Subsections (1)(a)(i)(B) and (1)(a)(ii), publish notice
1829 in a newspaper or combination of newspapers of general circulation within the applicable area
1830 in accordance with Subsection (2); or
1831 (B) if there is no newspaper or combination of newspapers of general circulation
1832 within the applicable area, post notice in accordance with Subsection (2):
1833 (I) at least one notice per 1,000 population of that area; and
1834 (II) at places within the area that are most likely to provide actual notice to residents of
1835 the area; and
1836 (ii) publish[
1837 Website created in Section 63F-1-701 , for two weeks before the hearing or the first of the set
1838 of hearings; or
1839 (b) mail a notice to each registered voter residing within and each owner of real
1840 property located within the proposed local district.
1841 (2) Each published notice under Subsection (1)(a)(i)(A) shall:
1842 (a) be no less than 1/4 page in size, use type no smaller than 18 point, and be
1843 surrounded by a 1/4-inch border;
1844 (b) if possible, appear in a newspaper that is published at least one day per week;
1845 (c) if possible, appear in a newspaper of general interest and readership in the area and
1846 not of limited subject matter;
1847 (d) be placed in a portion of the newspaper other than where legal notices and
1848 classified advertisements appear; and
1849 (e) be run at least once each week for two successive weeks, with the final publication
1850 being no less than three and no more than 10 days before the hearing or the first of the set of
1851 hearings.
1852 (3) Each notice required under Subsection (1) shall:
1853 (a) if the hearing or set of hearings is concerning a resolution:
1854 (i) contain the entire text or an accurate summary of the resolution; and
1855 (ii) state the deadline for filing a protest against the creation of the proposed local
1856 district;
1857 (b) clearly identify each governing body involved in the hearing or set of hearings;
1858 (c) state the date, time, and place for the hearing or set of hearings and the purposes
1859 for the hearing or set of hearings; and
1860 (d) describe or include a map of the entire proposed local district.
1861 (4) County or municipal legislative bodies may jointly provide the notice required
1862 under this section if all the requirements of this section are met as to each notice.
1863 Section 32. Section 17B-1-413 is amended to read:
1864 17B-1-413. Hearing, notice, and protest provisions do not apply for certain
1865 petitions.
1866 (1) Section 17B-1-412 does not apply, and, except as provided in Subsection (2)(a),
1867 Sections 17B-1-409 and 17B-1-410 do not apply:
1868 (a) if the process to annex an area to a local district was initiated by:
1869 (i) a petition under Subsection 17B-1-403 (1)(a)(i);
1870 (ii) a petition under Subsection 17B-1-403 (1)(a)(ii)(A) that was signed by the owners
1871 of private real property that:
1872 (A) is located within the area proposed to be annexed;
1873 (B) covers at least 75% of the total private land area within the entire area proposed to
1874 be annexed and within each applicable area; and
1875 (C) is equal in assessed value to at least 75% of the assessed value of all private real
1876 property within the entire area proposed to be annexed and within each applicable area; or
1877 (iii) a petition under Subsection 17B-1-403 (1)(a)(ii)(B) that was signed by registered
1878 voters residing within the entire area proposed to be annexed and within each applicable area
1879 equal in number to at least 75% of the number of votes cast within the entire area proposed to
1880 be annexed and within each applicable area, respectively, for the office of governor at the last
1881 regular general election before the filing of the petition;
1882 (b) to an annexation under Section 17B-1-415 ; or
1883 (c) to a boundary adjustment under Section 17B-1-417 .
1884 (2) (a) If a petition that meets the requirements of Subsection (1)(a) is certified under
1885 Section 17B-1-405 , the local district board:
1886 (i) shall provide notice of the proposed annexation as provided in Subsection (2)(b);
1887 and
1888 (ii) (A) may, in the board's discretion, hold a public hearing as provided in Section
1889 17B-1-409 after giving notice of the public hearing as provided in Subsection (2)(b); and
1890 (B) shall, after giving notice of the public hearing as provided in Subsection (2)(b),
1891 hold a public hearing as provided in Section 17B-1-409 if a written request to do so is
1892 submitted, within 20 days after the local district provides notice under Subsection (2)(a)(i), to
1893 the local district board by an owner of property that is located within or a registered voter
1894 residing within the area proposed to be annexed who did not sign the annexation petition.
1895 (b) The notice required under Subsections (2)(a)(i) and (ii) shall:
1896 (i) be given:
1897 (A) (I) for a notice under Subsection (2)(a)(i), within 30 days after petition
1898 certification; or
1899 (II) for a notice of a public hearing under Subsection (2)(a)(ii), at least 10 but not more
1900 than 30 days before the public hearing; and
1901 (B) by:
1902 (I) posting written notice at the local district's principal office and in one or more other
1903 locations within or proximate to the area proposed to be annexed as are reasonable under the
1904 circumstances, considering the number of parcels included in that area, the size of the area, the
1905 population of the area, and the contiguousness of the area; and
1906 (II) providing written notice [
1907 (Aa) to at least one newspaper of general circulation, if there is one, within the area
1908 proposed to be annexed or to a local media correspondent; and
1909 (Bb) [
1910 Section 63F-1-701 ; and
1911 (ii) contain a brief explanation of the proposed annexation and include the name of the
1912 local district, the service provided by the local district, a description or map of the area
1913 proposed to be annexed, a local district telephone number where additional information about
1914 the proposed annexation may be obtained, and, for a notice under Subsection (2)(a)(i), an
1915 explanation of the right of a property owner or registered voter to request a public hearing as
1916 provided in Subsection (2)(a)(ii)(B).
1917 (c) A notice under Subsection (2)(a)(i) may be combined with the notice that is
1918 required for a public hearing under Subsection (2)(a)(ii)(A).
1919 Section 33. Section 17B-1-417 is amended to read:
1920 17B-1-417. Boundary adjustment -- Notice and hearing -- Protest -- Resolution
1921 adjusting boundaries -- Filing of notice and plat with the lieutenant governor --
1922 Recording requirements -- Effective date.
1923 (1) As used in this section, "affected area" means the area located within the
1924 boundaries of one local district that will be removed from that local district and included
1925 within the boundaries of another local district because of a boundary adjustment under this
1926 section.
1927 (2) The boards of trustees of two or more local districts having a common boundary
1928 and providing the same service on the same wholesale or retail basis may adjust their common
1929 boundary as provided in this section.
1930 (3) (a) The board of trustees of each local district intending to adjust a boundary that
1931 is common with another local district shall:
1932 (i) adopt a resolution indicating the board's intent to adjust a common boundary;
1933 (ii) hold a public hearing on the proposed boundary adjustment no less than 60 days
1934 after the adoption of the resolution under Subsection (3)(a)(i); and
1935 (iii) (A) publish notice:
1936 (I) (Aa) once a week for two successive weeks in a newspaper of general circulation
1937 within the local district; or
1938 (Bb) if there is no newspaper of general circulation within the local district, post
1939 notice in at least four conspicuous places within the local district; and
1940 (II) [
1941 in Section 63F-1-701 , for two weeks; or
1942 (B) mail a notice to each owner of property located within the affected area and to
1943 each registered voter residing within the affected area.
1944 (b) The notice required under Subsection (3)(a)(iii) shall:
1945 (i) state that the board of trustees of the local district has adopted a resolution
1946 indicating the board's intent to adjust a boundary that the local district has in common with
1947 another local district that provides the same service as the local district;
1948 (ii) describe the affected area;
1949 (iii) state the date, time, and location of the public hearing required under Subsection
1950 (3)(a)(ii);
1951 (iv) provide a local district telephone number where additional information about the
1952 proposed boundary adjustment may be obtained;
1953 (v) explain the financial and service impacts of the boundary adjustment on property
1954 owners or residents within the affected area; and
1955 (vi) state in conspicuous and plain terms that the board of trustees may approve the
1956 adjustment of the boundaries unless, at or before the public hearing under Subsection
1957 (3)(a)(ii), written protests to the adjustment are filed with the board by:
1958 (A) the owners of private real property that:
1959 (I) is located within the affected area;
1960 (II) covers at least 50% of the total private land area within the affected area; and
1961 (III) is equal in assessed value to at least 50% of the assessed value of all private real
1962 property within the affected area; or
1963 (B) registered voters residing within the affected area equal in number to at least 50%
1964 of the votes cast in the affected area for the office of governor at the last regular general
1965 election before the filing of the protests.
1966 (c) The first publication of the notice required under Subsection (3)(a)(iii)(A) shall be
1967 within 14 days after the board's adoption of a resolution under Subsection (3)(a)(i).
1968 (d) The boards of trustees of the local districts whose boundaries are being adjusted
1969 may jointly:
1970 (i) publish, post, or mail the notice required under Subsection (3)(a)(iii); and
1971 (ii) hold the public hearing required under Subsection (3)(a)(ii).
1972 (4) After the public hearing required under Subsection (3)(a)(ii), the board of trustees
1973 may adopt a resolution approving the adjustment of the common boundary unless, at or before
1974 the public hearing, written protests to the boundary adjustment have been filed with the board
1975 by:
1976 (a) the owners of private real property that:
1977 (i) is located within the affected area;
1978 (ii) covers at least 50% of the total private land area within the affected area; and
1979 (iii) is equal in assessed value to at least 50% of the assessed value of all private real
1980 property within the affected area; or
1981 (b) registered voters residing within the affected area equal in number to at least 50%
1982 of the votes cast in the affected area for the office of governor at the last regular general
1983 election before the filing of the protests.
1984 (5) A resolution adopted under Subsection (4) does not take effect until the board of
1985 each local district whose boundaries are being adjusted has adopted a resolution under
1986 Subsection (4).
1987 (6) The board of the local district whose boundaries are being adjusted to include the
1988 affected area shall:
1989 (a) within 30 days after the resolutions take effect under Subsection (5), file with the
1990 lieutenant governor:
1991 (i) a copy of a notice of an impending boundary action, as defined in Section
1992 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and
1993 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
1994 (b) upon the lieutenant governor's issuance of a certificate of boundary adjustment
1995 under Section 67-1a-6.5 :
1996 (i) if the affected area is located within the boundary of a single county, submit to the
1997 recorder of that county:
1998 (A) the original:
1999 (I) notice of an impending boundary action;
2000 (II) certificate of boundary adjustment; and
2001 (III) approved final local entity plat; and
2002 (B) a certified copy of each resolution adopted under Subsection (4); or
2003 (ii) if the affected area is located within the boundaries of more than a single county:
2004 (A) submit to the recorder of one of those counties:
2005 (I) the original of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III);
2006 and
2007 (II) a certified copy of each resolution adopted under Subsection (4); and
2008 (B) submit to the recorder of each other county:
2009 (I) a certified copy of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III);
2010 and
2011 (II) a certified copy of each resolution adopted under Subsection (4).
2012 (7) (a) Upon the lieutenant governor's issuance of a certificate of boundary adjustment
2013 under Section 67-1a-6.5 , the affected area is annexed to the local district whose boundaries are
2014 being adjusted to include the affected area, and the affected area is withdrawn from the local
2015 district whose boundaries are being adjusted to exclude the affected area.
2016 (b) (i) The effective date of a boundary adjustment under this section for purposes of
2017 assessing property within the affected area is governed by Section 59-2-305.5 .
2018 (ii) Until the documents listed in Subsection (6)(b) are recorded in the office of the
2019 recorder of the county in which the property is located, a local district in whose boundary an
2020 affected area is included because of a boundary adjustment under this section may not:
2021 (A) levy or collect a property tax on property within the affected area;
2022 (B) levy or collect an assessment on property within the affected area; or
2023 (C) charge or collect a fee for service provided to property within the affected area.
2024 (iii) Subsection (7)(b)(ii)(C):
2025 (A) may not be construed to limit a local district's ability before a boundary
2026 adjustment to charge and collect a fee for service provided to property that is outside the local
2027 district's boundary; and
2028 (B) does not apply until 60 days after the effective date, under Subsection (7)(a), of
2029 the local district's boundary adjustment, with respect to a fee that the local district was
2030 charging for service provided to property within the area affected by the boundary adjustment
2031 immediately before the boundary adjustment.
2032 Section 34. Section 17B-1-609 is amended to read:
2033 17B-1-609. Hearing to consider adoption.
2034 (1) At the meeting at which the tentative budget is adopted, the board of trustees shall:
2035 (a) establish the time and place of a public hearing to consider its adoption; and
2036 (b) order that notice of the hearing:
2037 (i) (A) be published at least seven days before the hearing in at least one issue of a
2038 newspaper of general circulation published in the county or counties in which the district is
2039 located; or
2040 (B) if no newspaper is published, be posted in three public places within the district;
2041 and
2042 (ii) be published[
2043 hearing on the Utah Public Notice Website created in Section 63F-1-701 .
2044 (2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
2045 shall be published in accordance with the advertisement provisions of Section 59-2-919 .
2046 Section 35. Section 17B-1-1204 is amended to read:
2047 17B-1-1204. Notice of the hearing on a validation petition -- Amended or
2048 supplemented validation petition.
2049 (1) Upon the entry of an order under Section 17B-1-1203 setting a hearing on a
2050 validation petition, the local district that filed the petition shall:
2051 (a) publish notice:
2052 (i) at least once a week for three consecutive weeks in a newspaper of general
2053 circulation in the county in which the principal office of the district is located; and
2054 (ii) [
2055 in Section 63F-1-701 , for three weeks immediately before the hearing; and
2056 (b) post notice in its principal office at least 21 days before the date set for the hearing.
2057 (2) Each notice under Subsection (1) shall:
2058 (a) state the date, time, and place of the hearing on the validation petition;
2059 (b) include a general description of the contents of the validation petition; and
2060 (c) if applicable, state the location where a complete copy of a contract that is the
2061 subject of the validation petition may be examined.
2062 (3) If a district amends or supplements a validation petition under Subsection
2063 17B-1-1202 (3) after publishing and posting notice as required under Subsection (1), the
2064 district is not required to publish or post notice again unless required by the court.
2065 Section 36. Section 17B-1-1307 is amended to read:
2066 17B-1-1307. Notice of public hearing and of dissolution.
2067 (1) Before holding a public hearing required under Section 17B-1-1306 , the
2068 administrative body shall:
2069 (a) (i) publish notice of the public hearing and of the proposed dissolution:
2070 (A) in a newspaper of general circulation within the local district proposed to be
2071 dissolved; and
2072 (B) [
2073 in Section 63F-1-701 , for 30 days before the public hearing; and
2074 (ii) post notice of the public hearing and of the proposed dissolution in at least four
2075 conspicuous places within the local district proposed to be dissolved, no less than five and no
2076 more than 30 days before the public hearing; or
2077 (b) mail a notice to each owner of property located within the local district and to each
2078 registered voter residing within the local district.
2079 (2) Each notice required under Subsection (1) shall:
2080 (a) identify the local district proposed to be dissolved and the service it was created to
2081 provide; and
2082 (b) state the date, time, and location of the public hearing.
2083 Section 37. Section 17C-1-601 is amended to read:
2084 17C-1-601. Annual agency budget -- Fiscal year -- Public hearing required --
2085 Auditor forms -- Requirement to file form.
2086 (1) Each agency shall prepare and its board adopt an annual budget of revenues and
2087 expenditures for the agency for each fiscal year.
2088 (2) Each annual agency budget shall be adopted:
2089 (a) for an agency created by a city or town, before June 22; or
2090 (b) for an agency created by a county, before December 15.
2091 (3) The agency's fiscal year shall be the same as the fiscal year of the community that
2092 created the agency.
2093 (4) (a) Before adopting an annual budget, each agency board shall hold a public
2094 hearing on the annual budget.
2095 (b) Each agency shall provide notice of the public hearing on the annual budget by:
2096 [
2097 [
2098 within the agency boundaries, one week before the public hearing; or
2099 [
2100 posting a notice of the public hearing in at least three public places within the agency
2101 boundaries; and
2102 [
2103 Notice Website created in Section 63F-1-701 , at least one week before the public hearing.
2104 (c) Each agency shall make the annual budget available for public inspection at least
2105 three days before the date of the public hearing.
2106 (5) The state auditor shall prescribe the budget forms and the categories to be
2107 contained in each agency budget, including:
2108 (a) revenues and expenditures for the budget year;
2109 (b) legal fees; and
2110 (c) administrative costs, including rent, supplies, and other materials, and salaries of
2111 agency personnel.
2112 (6) (a) Within 90 days after adopting an annual budget, each agency board shall file a
2113 copy of the annual budget with the auditor of the county in which the agency is located, the
2114 State Tax Commission, the state auditor, the State Board of Education, and each taxing entity
2115 that levies a tax on property from which the agency collects tax increment.
2116 (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
2117 state as a taxing entity is met if the agency files a copy with the State Tax Commission and the
2118 state auditor.
2119 Section 38. Section 17C-2-403 is amended to read:
2120 17C-2-403. Notice required for continued hearing.
2121 The board shall give notice of a hearing continued under Section 17C-2-402 by
2122 announcing at the hearing:
2123 (1) the date, time, and place the hearing will be resumed; or
2124 (2) that it is being continued to a later time and causing a notice of the continued
2125 hearing to be:
2126 [
2127 [
2128 boundaries at least seven days before the hearing is scheduled to resume; or
2129 [
2130 conspicuous places within the boundaries of the agency in which the project area or proposed
2131 project area is located; and
2132 [
2133 Website created in Section 63F-1-701 , at least seven days before the hearing is schedule to
2134 resume.
2135 Section 39. Section 17C-4-202 is amended to read:
2136 17C-4-202. Resolution or interlocal agreement to provide funds for the
2137 community development project area plan -- Notice -- Effective date of resolution or
2138 interlocal agreement -- Time to contest resolution or interlocal agreement -- Availability
2139 of resolution or interlocal agreement.
2140 (1) The approval and adoption of each resolution or interlocal agreement under
2141 Subsection 17C-4-201 (2) shall be in an open and public meeting.
2142 (2) (a) Upon the adoption of a resolution or interlocal agreement under Section
2143 17C-4-201 , the agency shall provide notice as provided in Subsection (2)(b) by:
2144 (i) (A) publishing or causing to be published a notice in a newspaper of general
2145 circulation within the agency's boundaries; or
2146 (B) if there is no newspaper of general circulation within the agency's boundaries,
2147 causing a notice to be posted in at least three public places within the agency's boundaries; and
2148 (ii) publishing or causing to be published [
2149 notice on the Utah Public Notice Website created in Section 63F-1-701 .
2150 (b) Each notice under Subsection (2)(a) shall:
2151 (i) set forth a summary of the resolution or interlocal agreement; and
2152 (ii) include a statement that the resolution or interlocal agreement is available for
2153 general public inspection and the hours of inspection.
2154 (3) The resolution or interlocal agreement shall become effective on the date of:
2155 (a) if notice was published under Subsection (2)(a)(i)(A) or (ii), publication of the
2156 notice; or
2157 (b) if notice was posted under Subsection (2)(a)(i)(B), posting of the notice.
2158 (4) (a) For a period of 30 days after the effective date of the resolution or interlocal
2159 agreement under Subsection (3), any person in interest may contest the resolution or interlocal
2160 agreement or the procedure used to adopt the resolution or interlocal agreement if the
2161 resolution or interlocal agreement or procedure fails to comply with applicable statutory
2162 requirements.
2163 (b) After the 30-day period under Subsection (4)(a) expires, no person may contest the
2164 resolution or interlocal agreement for any cause.
2165 (5) Each agency that is to receive funds under a resolution or interlocal agreement
2166 under Section 17C-4-201 and each taxing entity or public entity that approves a resolution or
2167 enters into an interlocal agreement under Section 17C-4-201 shall make the resolution or
2168 interlocal agreement, as the case may be, available at its offices to the general public for
2169 inspection and copying during normal business hours.
2170 Section 40. Section 17C-4-302 is amended to read:
2171 17C-4-302. Notice required for continued hearing.
2172 The board shall give notice of a hearing continued under Section 17C-4-301 by
2173 announcing at the hearing:
2174 (1) the date, time, and place the hearing will be resumed; or
2175 (2) that it is being continued to a later time and causing a notice of the continued
2176 hearing to be:
2177 (a) (i) published once in a newspaper of general circulation within the agency
2178 boundaries at least seven days before the hearing is scheduled to resume; or
2179 (ii) if there is no newspaper of general circulation, posted in at least three conspicuous
2180 places within the boundaries of the agency in which the project area or proposed project area
2181 is located; and
2182 (b) published[
2183 Website created in Section 63F-1-701 , at least seven days before the hearing is schedule to
2184 resume.
2185 Section 41. Section 19-2-109 is amended to read:
2186 19-2-109. Air quality standards -- Hearings on adoption -- Orders of executive
2187 secretary -- Adoption of emission control requirements.
2188 (1) (a) The board, in adopting standards of quality for ambient air, shall conduct
2189 public hearings.
2190 (b) Notice of any public hearing for the consideration, adoption, or amendment of air
2191 quality standards shall specify the locations to which the proposed standards apply and the
2192 time, date, and place of the hearing.
2193 (c) The notice shall be:
2194 (i) (A) published at least twice in any newspaper of general circulation in the area
2195 affected; and
2196 (B) published[
2197 Website created in Section 63F-1-701 , at least 20 days before the public hearing; and
2198 (ii) mailed at least 20 days before the public hearing to the chief executive of each
2199 political subdivision of the area affected and to other persons the executive secretary has
2200 reason to believe will be affected by the standards.
2201 (d) The adoption of air quality standards or any modification or changes to air quality
2202 standards shall be by order of the executive secretary following formal action of the board with
2203 respect to the standards.
2204 (e) The order shall be published:
2205 (i) in a newspaper of general circulation in the area affected; and
2206 (ii) as required in Section 45-1-101 .
2207 (2) (a) The board may establish emission control requirements by rule that in its
2208 judgment may be necessary to prevent, abate, or control air pollution that may be statewide or
2209 may vary from area to area, taking into account varying local conditions.
2210 (b) In adopting these requirements, the board shall give notice and conduct public
2211 hearings in accordance with the requirements in Subsection (1).
2212 Section 42. Section 20A-7-204.1 is amended to read:
2213 20A-7-204.1. Public hearings to be held before initiative petitions are circulated.
2214 (1) (a) After issuance of the initial fiscal impact estimate by the Governor's Office of
2215 Planning and Budget and before circulating initiative petitions for signature statewide,
2216 sponsors of the initiative petition shall hold at least seven public hearings throughout Utah as
2217 follows:
2218 (i) one in the Bear River region -- Box Elder, Cache, or Rich County;
2219 (ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
2220 County;
2221 (iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
2222 (iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
2223 County;
2224 (v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
2225 (vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
2226 (vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
2227 County.
2228 (b) Of the seven meetings, at least two of the meetings must be held in a first or
2229 second class county, but not in the same county.
2230 (2) At least three calendar days before the date of the public hearing, the sponsors
2231 shall:
2232 (a) provide written notice of the public hearing to:
2233 (i) the lieutenant governor for posting on the state's website; and
2234 (ii) each state senator, state representative, and county commission or county council
2235 member who is elected in whole or in part from the region where the public hearing will be
2236 held; and
2237 (b) publish written notice of the public hearing detailing its time, date, and location:
2238 (i) in at least one newspaper of general circulation in each county in the region where
2239 the public hearing will be held; and
2240 (ii) [
2241 Section 63F-1-701 .
2242 (3) (a) During the public hearing, the sponsors shall either:
2243 (i) video tape or audio tape the public hearing and, when the hearing is complete,
2244 deposit the complete audio or video tape of the meeting with the lieutenant governor; or
2245 (ii) take comprehensive minutes of the public hearing, detailing the names and titles of
2246 each speaker and summarizing each speaker's comments.
2247 (b) The lieutenant governor shall make copies of the tapes or minutes available to the
2248 public.
2249 Section 43. Section 45-1-101 is amended to read:
2250 45-1-101. Legal notice publication requirements.
2251 (1) As used in this section:
2252 (a) (i) "Legal notice" means:
2253 (A) a communication required to be made public by a state statute or state agency rule;
2254 or
2255 (B) a notice required for judicial proceedings or by judicial decision.
2256 (ii) "Legal notice" does not include a public notice published by a public body in
2257 accordance with the provisions of Sections 52-4-202 and 63F-1-701 .
2258 (b) "Person" is as defined in Section 68-3-12 .
2259 (2) (a) Notwithstanding any other legal notice provision established in this Utah Code,
2260 a person required to publish legal notice:
2261 [
2262 establishing the legal notice requirement; and
2263 [
2264 [
2265 [
2266 (b) A person's publishing legal notice as required under Subsection (2)(a) does not
2267 relieve the person from complying with an otherwise applicable requirement under Title 52,
2268 Chapter 4, Open and Public Meetings Act.
2269 (3) Beginning on January 1, 2012, notwithstanding any provision of law requiring
2270 publication of legal notice in a newspaper, a person who publishes legal notice that is required
2271 to be given in a county of the first or second class:
2272 (a) is not required to comply with the requirement to publish legal notice in a
2273 newspaper;
2274 (b) is required to publish legal notice on the website described in Subsection
2275 [
2276 (c) may, in addition to complying with Subsection (3)(b), publish legal notice in a
2277 newspaper.
2278 (4) The website described in Subsection [
2279 (a) charge a fee to publish a legal notice on the website before January 1, 2012; and
2280 (b) charge more than $10 to publish a legal notice on the website on or after January 1,
2281 2012.
2282 Section 44. Section 53A-3-202 is amended to read:
2283 53A-3-202. Compensation for services -- Additional per diem -- Approval of
2284 expenses.
2285 (1) Each member of a local school board, except the student member, shall receive
2286 compensation for services and for necessary expenses in accordance with board compensation
2287 schedules adopted by the local school board in accordance with the provisions of this section.
2288 (2) Beginning on July 1, 2007, if a local school board decides to adopt or amend its
2289 board compensation schedules, the board shall set a time and place for a public hearing at
2290 which all interested persons shall be given an opportunity to be heard.
2291 (3) Notice of the time, place, and purpose of the meeting shall be provided at least
2292 seven days prior to the meeting by:
2293 (a) (i) publication at least once in a newspaper published in the county where the
2294 school district is situated and generally circulated within the school district; and
2295 (ii) publication [
2296 Website created in Section 63F-1-701 ; and
2297 (b) posting a notice:
2298 (i) at each school within the school district;
2299 (ii) in at least three other public places within the school district; and
2300 (iii) on the Internet in a manner that is easily accessible to citizens that use the
2301 Internet.
2302 (4) After the conclusion of the public hearing, the local school board may adopt or
2303 amend its board compensation schedules.
2304 (5) Each member shall submit an itemized account of necessary travel expenses for
2305 board approval.
2306 (6) A local school board may, without following the procedures described in
2307 Subsections (2) and (3), continue to use the compensation schedule that was in effect prior to
2308 July 1, 2007 until, at the discretion of the board, the compensation schedule is amended or a
2309 new compensation schedule is adopted.
2310 Section 45. Section 53A-3-402 is amended to read:
2311 53A-3-402. Powers and duties generally.
2312 (1) Each local school board shall:
2313 (a) implement the core curriculum utilizing instructional materials that best correlate
2314 to the core curriculum and graduation requirements;
2315 (b) administer tests, required by the State Board of Education, which measure the
2316 progress of each student, and coordinate with the state superintendent and State Board of
2317 Education to assess results and create plans to improve the student's progress which shall be
2318 submitted to the State Office of Education for approval;
2319 (c) use progress-based assessments as part of a plan to identify schools, teachers, and
2320 students that need remediation and determine the type and amount of federal, state, and local
2321 resources to implement remediation;
2322 (d) develop early warning systems for students or classes failing to make progress;
2323 (e) work with the State Office of Education to establish a library of documented best
2324 practices, consistent with state and federal regulations, for use by the local districts; and
2325 (f) implement training programs for school administrators, including basic
2326 management training, best practices in instructional methods, budget training, staff
2327 management, managing for learning results and continuous improvement, and how to help
2328 every child achieve optimal learning in core academics.
2329 (2) Local school boards shall spend minimum school program funds for programs and
2330 activities for which the State Board of Education has established minimum standards or rules
2331 under Section 53A-1-402 .
2332 (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
2333 and equipment and construct, erect, and furnish school buildings.
2334 (b) School sites or buildings may only be conveyed or sold on board resolution
2335 affirmed by at least two-thirds of the members.
2336 (4) (a) A board may participate in the joint construction or operation of a school
2337 attended by children residing within the district and children residing in other districts either
2338 within or outside the state.
2339 (b) Any agreement for the joint operation or construction of a school shall:
2340 (i) be signed by the president of the board of each participating district;
2341 (ii) include a mutually agreed upon pro rata cost; and
2342 (iii) be filed with the State Board of Education.
2343 (5) A board may establish, locate, and maintain elementary, secondary, and applied
2344 technology schools.
2345 (6) Except as provided in Subsection 53A-11-1402 (3), a board may enroll children in
2346 school who are at least five years of age before September 2 of the year in which admission is
2347 sought.
2348 (7) A board may establish and support school libraries.
2349 (8) A board may collect damages for the loss, injury, or destruction of school property.
2350 (9) A board may authorize guidance and counseling services for children and their
2351 parents or guardians prior to, during, or following enrollment of the children in schools.
2352 (10) (a) A board shall administer and implement federal educational programs in
2353 accordance with Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act.
2354 (b) Federal funds are not considered funds within the school district budget under Title
2355 53A, Chapter 19, School District Budgets.
2356 (11) (a) A board may organize school safety patrols and adopt rules under which the
2357 patrols promote student safety.
2358 (b) A student appointed to a safety patrol shall be at least 10 years old and have
2359 written parental consent for the appointment.
2360 (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
2361 of a highway intended for vehicular traffic use.
2362 (d) Liability may not attach to a school district, its employees, officers, or agents or to
2363 a safety patrol member, a parent of a safety patrol member, or an authorized volunteer
2364 assisting the program by virtue of the organization, maintenance, or operation of a school
2365 safety patrol.
2366 (12) (a) A board may on its own behalf, or on behalf of an educational institution for
2367 which the board is the direct governing body, accept private grants, loans, gifts, endowments,
2368 devises, or bequests that are made for educational purposes.
2369 (b) These contributions are not subject to appropriation by the Legislature.
2370 (13) (a) A board may appoint and fix the compensation of a compliance officer to
2371 issue citations for violations of Subsection 76-10-105 (2).
2372 (b) A person may not be appointed to serve as a compliance officer without the
2373 person's consent.
2374 (c) A teacher or student may not be appointed as a compliance officer.
2375 (14) A board shall adopt bylaws and rules for its own procedures.
2376 (15) (a) A board shall make and enforce rules necessary for the control and
2377 management of the district schools.
2378 (b) All board rules and policies shall be in writing, filed, and referenced for public
2379 access.
2380 (16) A board may hold school on legal holidays other than Sundays.
2381 (17) (a) Each board shall establish for each school year a school traffic safety
2382 committee to implement this Subsection (17).
2383 (b) The committee shall be composed of one representative of:
2384 (i) the schools within the district;
2385 (ii) the Parent Teachers' Association of the schools within the district;
2386 (iii) the municipality or county;
2387 (iv) state or local law enforcement; and
2388 (v) state or local traffic safety engineering.
2389 (c) The committee shall:
2390 (i) receive suggestions from parents, teachers, and others and recommend school
2391 traffic safety improvements, boundary changes to enhance safety, and school traffic safety
2392 program measures;
2393 (ii) review and submit annually to the Department of Transportation and affected
2394 municipalities and counties a child access routing plan for each elementary, middle, and junior
2395 high school within the district;
2396 (iii) consult the Utah Safety Council and the Division of Family Health Services and
2397 provide training to all school children in kindergarten through grade six, within the district, on
2398 school crossing safety and use; and
2399 (iv) help ensure the district's compliance with rules made by the Department of
2400 Transportation under Section 41-6a-303 .
2401 (d) The committee may establish subcommittees as needed to assist in accomplishing
2402 its duties under Subsection (17)(c).
2403 (e) The board shall require the school community council of each elementary, middle,
2404 and junior high school within the district to develop and submit annually to the committee a
2405 child access routing plan.
2406 (18) (a) Each school board shall adopt and implement a comprehensive emergency
2407 response plan to prevent and combat violence in its public schools, on school grounds, on its
2408 school vehicles, and in connection with school-related activities or events.
2409 (b) The board shall implement its plan by July 1, 2000.
2410 (c) The plan shall:
2411 (i) include prevention, intervention, and response components;
2412 (ii) be consistent with the student conduct and discipline policies required for school
2413 districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
2414 (iii) require inservice training for all district and school building staff on what their
2415 roles are in the emergency response plan; and
2416 (iv) provide for coordination with local law enforcement and other public safety
2417 representatives in preventing, intervening, and responding to violence in the areas and
2418 activities referred to in Subsection (18)(a).
2419 (d) The State Board of Education, through the state superintendent of public
2420 instruction, shall develop comprehensive emergency response plan models that local school
2421 boards may use, where appropriate, to comply with Subsection (18)(a).
2422 (e) Each local school board shall, by July 1 of each year, certify to the State Board of
2423 Education that its plan has been practiced at the school level and presented to and reviewed by
2424 its teachers, administrators, students, and their parents and local law enforcement and public
2425 safety representatives.
2426 (19) (a) Each local school board may adopt an emergency response plan for the
2427 treatment of sports-related injuries that occur during school sports practices and events.
2428 (b) The plan may be implemented by each secondary school in the district that has a
2429 sports program for students.
2430 (c) The plan may:
2431 (i) include emergency personnel, emergency communication, and emergency
2432 equipment components;
2433 (ii) require inservice training on the emergency response plan for school personnel
2434 who are involved in sports programs in the district's secondary schools; and
2435 (iii) provide for coordination with individuals and agency representatives who:
2436 (A) are not employees of the school district; and
2437 (B) would be involved in providing emergency services to students injured while
2438 participating in sports events.
2439 (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
2440 review the plan each year and make revisions when required to improve or enhance the plan.
2441 (e) The State Board of Education, through the state superintendent of public
2442 instruction, shall provide local school boards with an emergency plan response model that
2443 local boards may use to comply with the requirements of this Subsection (19).
2444 (20) A board shall do all other things necessary for the maintenance, prosperity, and
2445 success of the schools and the promotion of education.
2446 (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
2447 (i) hold a public hearing, as defined in Section 10-9a-103 ; and
2448 (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
2449 (b) The notice of a public hearing required under Subsection (21)(a) shall:
2450 (i) indicate the:
2451 (A) school or schools under consideration for closure or boundary change; and
2452 (B) date, time, and location of the public hearing; and
2453 (ii) at least 10 days prior to the public hearing, be:
2454 (A) published:
2455 (I) in a newspaper of general circulation in the area; and
2456 (II) [
2457 Section 63F-1-701 ; and
2458 (B) posted in at least three public locations within the municipality or on the district's
2459 official website.
2460 Section 46. Section 53B-7-101.5 is amended to read:
2461 53B-7-101.5. Proposed tuition increases -- Notice -- Hearings.
2462 (1) If an institution within the State System of Higher Education listed in Section
2463 53B-1-102 considers increasing tuition rates for undergraduate students in the process of
2464 preparing or implementing its budget, it shall hold a meeting to receive public input and
2465 response on the issue.
2466 (2) The institution shall advertise the hearing required under Subsection (1) using the
2467 following procedure:
2468 (a) The institution shall advertise its intent to consider an increase in student tuition
2469 rates:
2470 (i) in the institution's student newspaper twice during a period of 10 days prior to the
2471 meeting; and
2472 (ii) [
2473 Section 63F-1-701 , for 10 days immediately before the meeting.
2474 [
2475
2476 [
2477 time, and place fixed in the advertisement, which shall not be less than seven days after the
2478 day the second advertisement is published, for the purpose of hearing comments regarding the
2479 proposed increase and to explain the reasons for the proposed increase.
2480 (3) The form and content of the notice shall be substantially as follows:
2481 "NOTICE OF PROPOSED TUITION INCREASE
2482 The (name of the higher education institution) is proposing to increase student tuition
2483 rates. This would be an increase of ______ %, which is an increase of $______ per semester
2484 for a full-time resident undergraduate student. All concerned students and citizens are invited
2485 to a public hearing on the proposed increase to be held at (meeting place) on (date) at (time)."
2486 (4) (a) The institution shall provide the following information to those in attendance at
2487 the meeting required under Subsection (1):
2488 (i) the current year's student enrollment for:
2489 (A) the State System of Higher Education, if a systemwide increase is being
2490 considered; or
2491 (B) the institution, if an increase is being considered for just a single institution;
2492 (ii) total tuition revenues for the current school year;
2493 (iii) projected student enrollment growth for the next school year and projected tuition
2494 revenue increases from that anticipated growth; and
2495 (iv) a detailed accounting of how and where the increased tuition revenues would be
2496 spent.
2497 (b) The enrollment and revenue data required under Subsection (4)(a) shall be broken
2498 down into majors or departments if the proposed tuition increases are department or major
2499 specific.
2500 (5) If the institution does not make a final decision on the proposed tuition increase at
2501 the meeting, it shall announce the date, time, and place of the meeting where that
2502 determination shall be made.
2503 Section 47. Section 54-8-10 is amended to read:
2504 54-8-10. Public hearing -- Notice -- Publication.
2505 (1) Such notice shall be:
2506 (a) (i) published:
2507 (A) in full one time in a newspaper of general circulation in the district; or
2508 (B) if there be no such newspaper, [
2509 circulation in the county, city, or town in which [
2510 (ii) [
2511 created in Section 63F-1-701 ; and
2512 (b) [
2513 (2) A copy of [
2514 address of each owner of land within the proposed district whose property will be assessed for
2515 the cost of the improvement.
2516 (3) The address to be used for [
2517 real property assessment rolls of the county [
2518 (4) In addition, a copy of [
2519 so mailed addressed to the street number of each piece of improved property to be affected by
2520 the assessment.
2521 (5) Mailed notices and the published notice shall state where a copy of the resolution
2522 creating the district will be available for inspection by any interested parties.
2523 Section 48. Section 54-8-16 is amended to read:
2524 54-8-16. Notice of assessment -- Publication.
2525 (1) After the preparation of [
2526 of a public hearing on the proposed assessments shall be given.
2527 (2) The notice described in Subsection (1) shall be:
2528 (a) published:
2529 (i) one time in a newspaper in which the first notice of hearing was published at least
2530 20 days before the date fixed for the hearing; and
2531 (ii) [
2532 in Section 63F-1-701 , for at least 20 days before the date fixed for the hearing; and
2533 (b) mailed by certified mail not less than 15 days prior to the date fixed for such
2534 hearing to each owner of real property whose property will be assessed for part of the cost of
2535 the improvement at the last known address of such owner using for such purpose the names
2536 and addresses appearing on the last completed real property assessment rolls of the county
2537 wherein said affected property is located.
2538 (3) In addition, a copy of such notice shall be addressed to "Owner" and shall be so
2539 mailed addressed to the street number of each piece of improved property to be affected by
2540 such assessment.
2541 (4) Each notice shall state that at the specified time and place, the governing body will
2542 hold a public hearing upon the proposed assessments and shall state that any owner of any
2543 property to be assessed pursuant to the resolution will be heard on the question of whether his
2544 property will be benefited by the proposed improvement to the amount of the proposed
2545 assessment against his property and whether the amount assessed against his property
2546 constitutes more than his proper proportional share of the total cost of the improvement.
2547 (5) The notice shall further state where a copy of the resolution proposed to be adopted
2548 levying the assessments against all real property in the district will be on file for public
2549 inspection, and that subject to such changes and corrections therein as may be made by the
2550 governing body, it is proposed to adopt the resolution at the conclusion of the hearing.
2551 (6) A published notice shall describe the boundaries or area of the district with
2552 sufficient particularity to permit each owner of real property therein to ascertain that his
2553 property lies in the district.
2554 (7) The mailed notice may refer to the district by name and date of creation and shall
2555 state the amount of the assessment proposed to be levied against the real property of the person
2556 to whom the notice is mailed.
2557 Section 49. Section 57-11-11 is amended to read:
2558 57-11-11. Rules of division -- Filing advertising material -- Injunctions --
2559 Intervention by division in suits -- General powers of division.
2560 (1) (a) The division shall prescribe reasonable rules which shall be adopted, amended,
2561 or repealed only after a public hearing.
2562 (b) The division shall:
2563 (i) publish notice of the public hearing described in Subsection (1)(a):
2564 (A) once in a newspaper or newspapers with statewide circulation and at least 20 days
2565 before the hearing; and
2566 (B) [
2567 in Section 63F-1-701 , for at least 20 days before the hearing; and
2568 (ii) send a notice to a nonprofit organization which files a written request for notice
2569 with the division at least 20 days prior to the hearing.
2570 (2) The rules shall include but need not be limited to:
2571 (a) provisions for advertising standards to assure full and fair disclosure; and
2572 (b) provisions for escrow or trust agreements, performance bonds, or other means
2573 reasonably necessary to assure that all improvements referred to in the application for
2574 registration and advertising will be completed and that purchasers will receive the interest in
2575 land contracted for.
2576 (3) These provisions, however, shall not be required if the city or county in which the
2577 subdivision is located requires similar means of assurance of a nature and in an amount no less
2578 adequate than is required under said rules:
2579 (a) provisions for operating procedures;
2580 (b) provisions for a shortened form of registration in cases where the division
2581 determines that the purposes of this act do not require a subdivision to be registered pursuant
2582 to an application containing all the information required by Section 57-11-6 or do not require
2583 that the public offering statement contain all the information required by Section 57-11-7 ; and
2584 (c) other rules necessary and proper to accomplish the purpose of this chapter.
2585 (4) The division by rule or order, after reasonable notice, may require the filing of
2586 advertising material relating to subdivided lands prior to its distribution, provided that the
2587 division must approve or reject any advertising material within 15 days from the receipt
2588 thereof or the material shall be considered approved.
2589 (5) If it appears that a person has engaged or is about to engage in an act or practice
2590 constituting a violation of a provision of this act or a rule or order hereunder, the agency, with
2591 or without prior administrative proceedings, may bring an action in the district court of the
2592 district where said person maintains his residence or a place of business or where said act or
2593 practice has occurred or is about to occur, to enjoin the acts or practices and to enforce
2594 compliance with this [
2595 injunctive relief or temporary restraining orders shall be granted, and a receiver or conservator
2596 may be appointed. The division shall not be required to post a bond in any court proceedings.
2597 (6) The division shall be allowed to intervene in a suit involving subdivided lands,
2598 either as a party or as an amicus curiae, where it appears that the interpretation or
2599 constitutionality of any provision of law will be called into question. In any suit by or against
2600 a subdivider involving subdivided lands, the subdivider promptly shall furnish the agency
2601 notice of the suit and copies of all pleadings. Failure to do so may, in the discretion of the
2602 division, constitute grounds for the division withholding any approval required by this chapter.
2603 (7) The division may:
2604 (a) accept registrations filed in other states or with the federal government;
2605 (b) contract with public agencies or qualified private persons in this state or other
2606 jurisdictions to perform investigative functions; and
2607 (c) accept grants-in-aid from any source.
2608 (8) The division shall cooperate with similar agencies in other jurisdictions to
2609 establish uniform filing procedures and forms, uniform public offering statements, advertising
2610 standards, rules, and common administrative practices.
2611 Section 50. Section 59-2-919 is amended to read:
2612 59-2-919. Notice, public hearing, and resolution requirements for certain tax
2613 increases -- Exceptions -- Applicability of provisions.
2614 (1) As used in this section:
2615 (a) "Ad valorem tax revenue" means ad valorem property tax revenue not including
2616 revenue from new growth as defined in Section 59-2-924 .
2617 (b) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year
2618 that begins on January 1 and ends on December 31.
2619 (c) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year
2620 that begins on July 1 and ends on June 30.
2621 (2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax
2622 rate unless the taxing entity:
2623 (a) to the extent required by this section, meets the:
2624 (i) notice requirements of this section; and
2625 (ii) public hearing requirements of this section; and
2626 (b) adopts a resolution in accordance with this section.
2627 (3) (a) Except as provided in Subsection (5), a calendar year taxing entity may levy a
2628 tax rate that exceeds the calendar year taxing entity's certified tax rate if the calendar year
2629 taxing entity:
2630 (i) (A) provides notice by meeting the advertisement requirements of Subsections (6)
2631 and (7) before the calendar year taxing entity conducts the public hearing at which the
2632 calendar year taxing entity's annual budget is adopted; and
2633 (B) before the calendar year taxing entity levies a tax rate that exceeds the calendar
2634 year taxing entity's certified tax rate:
2635 (I) provides notice by meeting the advertisement requirements of Subsections (6) and
2636 (7); or
2637 (II) provides a notice by mail:
2638 (Aa) on or no earlier than 14 days before the date the treasurer furnishes the notice
2639 required by Section 59-2-1317 for the calendar year immediately preceding the calendar year
2640 for which the calendar year taxing entity seeks to levy a tax rate that exceeds the calendar year
2641 taxing entity's certified tax rate;
2642 (Bb) before the calendar year taxing entity conducts the public meeting at which the
2643 calendar year taxing entity's annual budget is adopted; and
2644 (Cc) as provided in Subsection (3)(b); and
2645 (ii) conducts a public hearing in accordance with Subsections (8) and (9):
2646 (A) on or before the calendar year taxing entity conducts the public meeting at which
2647 the calendar year taxing entity's annual budget is adopted; and
2648 (B) if the calendar year taxing entity provides the notice described in Subsection
2649 (3)(a)(i)(B)(I), before the calendar year taxing entity levies a tax rate that exceeds the calendar
2650 year taxing entity's certified tax rate.
2651 (b) For a calendar year taxing entity that provides the notice described in Subsection
2652 (3)(a)(i)(B)(II), the notice:
2653 (i) shall be mailed to each owner of property:
2654 (A) within the calendar year taxing entity; and
2655 (B) listed on the assessment roll;
2656 (ii) shall be printed on a form:
2657 (A) developed by the commission; and
2658 (B) that, as determined by the commission, may be combined with:
2659 (I) a notice described in Subsection (3)(a)(i)(B)(II) provided by one or more other
2660 calendar year taxing entities; or
2661 (II) the notice required by Section 59-2-1317 ;
2662 (iii) shall contain for each property described in Subsection (3)(b)(i):
2663 (A) the value of the property for the calendar year immediately preceding the calendar
2664 year for which the calendar year taxing entity seeks to levy a tax rate that exceeds the calendar
2665 year taxing entity's certified tax rate;
2666 (B) the tax on the property for the calendar year immediately preceding the calendar
2667 year for which the calendar year taxing entity seeks to levy a tax rate that exceeds the calendar
2668 year taxing entity's certified tax rate; and
2669 (C) the estimated tax on the property:
2670 (I) for the calendar year for which the calendar year taxing entity seeks to levy a tax
2671 rate that exceeds the calendar year taxing entity's certified tax rate; and
2672 (II) calculated on the basis of data for the calendar year immediately preceding the
2673 calendar year for which the calendar year taxing entity seeks to levy a tax rate that exceeds the
2674 calendar year taxing entity's certified tax rate;
2675 (iv) shall contain the following statement:
2676 "[Insert name of taxing entity] is proposing a tax increase for [insert applicable
2677 calendar year]. This notice contains estimates of the tax on your property and the proposed tax
2678 increase on your property as a result of this tax increase. These estimates are calculated on the
2679 basis of [insert previous applicable calendar year] data. The actual tax on your property and
2680 proposed tax increase on your property may vary from this estimate.";
2681 (v) shall state the date, time, and place of the public hearing that will be held to
2682 discuss the calendar year taxing entity's annual budget; and
2683 (vi) may contain other property tax information approved by the commission.
2684 (4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate
2685 that exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity:
2686 (a) provides notice by meeting the advertisement requirements of Subsections (6) and
2687 (7) before the fiscal year taxing entity conducts the public meeting at which the fiscal year
2688 taxing entity's annual budget is adopted; and
2689 (b) conducts a public hearing in accordance with Subsections (8) and (9) before the
2690 fiscal year taxing entity's annual budget is adopted.
2691 (5) (a) A taxing entity is not required to meet the notice or public hearing requirements
2692 of Subsection (3) or (4) if the taxing entity is expressly exempted by law from complying with
2693 the requirements of this section.
2694 (b) (i) Except as provided in Subsection (5)(b)(ii), a taxing entity is not required to
2695 meet the notice or public hearing requirements of Subsection (3) or (4) if:
2696 (A) the taxing entity is a party to an interlocal agreement under Title 11, Chapter 13,
2697 Interlocal Cooperation Act, that creates an interlocal entity to provide fire protection,
2698 emergency, and emergency medical services;
2699 (B) the tax rate increase is approved by the taxing entity's voters at an election held for
2700 that purpose on or before December 31, 2010;
2701 (C) the purpose of the tax rate increase is to pay for fire protection, emergency, and
2702 emergency medical services provided by the interlocal entity; and
2703 (D) at least 30 days before the taxing entity's annual budget hearing, the taxing entity:
2704 (I) adopts a resolution certifying that:
2705 (Aa) the taxing entity will dedicate all revenue from the tax rate increase exclusively to
2706 pay for fire protection, emergency, and emergency medical services provided by the interlocal
2707 entity; and
2708 (Bb) the amount of other revenues, independent of the revenue generated from the tax
2709 rate increase, that the taxing entity spends for fire protection, emergency, and emergency
2710 medical services each year after the tax rate increase will not decrease below the amount spent
2711 by the taxing entity during the year immediately before the tax rate increase without a
2712 corresponding decrease in the taxing entity's property tax revenues used in calculating the
2713 taxing entity's certified tax rate; and
2714 (II) sends a copy of the resolution to the commission.
2715 (ii) The exception under Subsection (5)(b)(i) from the notice and public hearing
2716 requirements of Subsection (3) or (4) does not apply to an increase in a taxing entity's tax rate
2717 that occurs after December 31, 2010, even if the tax rate increase is approved by the taxing
2718 entity's voters before that date.
2719 (c) A taxing entity is not required to meet the notice requirements of Subsection (3) or
2720 (4) if:
2721 (i) Section 53A-17a-133 allows the taxing entity to levy a tax rate that exceeds that
2722 certified tax rate without having to comply with the notice provisions of this section; or
2723 (ii) the taxing entity:
2724 (A) budgeted less than $20,000 in ad valorem tax revenues for the previous fiscal year;
2725 and
2726 (B) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
2727 revenues.
2728 (6) (a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this
2729 section shall be published:
2730 (i) subject to Section 45-1-101 , in a newspaper or combination of newspapers of
2731 general circulation in the taxing entity; [
2732 (ii) electronically in accordance with Section 45-1-101 [
2733 (iii) on the Utah Public Notice Website created in Section 63F-1-701 .
2734 (b) The advertisement described in Subsection (6)(a)(i) shall:
2735 (i) be no less than 1/4 page in size;
2736 (ii) use type no smaller than 18 point; and
2737 (iii) be surrounded by a 1/4-inch border.
2738 (c) The advertisement described in Subsection (6)(a)(i) may not be placed in that
2739 portion of the newspaper where legal notices and classified advertisements appear.
2740 (d) It is the intent of the Legislature that:
2741 (i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in a
2742 newspaper that is published at least one day per week; and
2743 (ii) the newspaper or combination of newspapers selected:
2744 (A) be of general interest and readership in the taxing entity; and
2745 (B) not be of limited subject matter.
2746 (e) (i) The advertisement:
2747 (A) described in Subsection (6)(a)(i) shall:
2748 (I) except as provided in Subsection (6)(e)(ii), be run once each week for the two
2749 weeks:
2750 (Aa) before a taxing entity conducts a public hearing at which the taxing entity's
2751 annual budget is discussed; and
2752 (Bb) if a calendar year taxing entity provides the notice described in Subsection
2753 (3)(a)(i)(B)(I), before the calendar year taxing entity levies a tax rate that exceeds the calendar
2754 year taxing entity's certified tax rate; and
2755 (II) state that the taxing entity will meet on a certain day, time, and place fixed in the
2756 advertisement, which shall be not less than seven days after the day the first advertisement is
2757 published, for the purpose of hearing comments regarding any proposed increase and to
2758 explain the reasons for the proposed increase; or
2759 (B) described in Subsection (6)(a)(ii) shall:
2760 (I) be published two weeks:
2761 (Aa) before a taxing entity conducts a public hearing at which the taxing entity's
2762 annual budget is discussed; and
2763 (Bb) if a calendar year taxing entity provides the notice described in Subsection
2764 (3)(a)(i)(B)(I), before the calendar year taxing entity levies a tax rate that exceeds the calendar
2765 year taxing entity's certified tax rate; and
2766 (II) state that the taxing entity will meet on a certain day, time, and place fixed in the
2767 advertisement, which shall be not less than seven days after the day the first advertisement is
2768 published, for the purpose of hearing comments regarding any proposed increase and to
2769 explain the reasons for the proposed increase.
2770 (ii) If a taxing entity's public hearing information is published by the county auditor in
2771 accordance with Section 59-2-919.2 , the taxing entity is not subject to the requirement to run
2772 the advertisement twice, as required by Subsection (6)(e)(i)(A), but shall run the advertisement
2773 once during the week:
2774 (A) before the taxing entity conducts a public hearing at which the taxing entity's
2775 annual budget is discussed; and
2776 (B) if a calendar year taxing entity provides the notice described in Subsection
2777 (3)(a)(i)(B)(I), before the calendar year taxing entity levies a tax rate that exceeds the calendar
2778 year taxing entity's certified tax rate.
2779 (f) (i) For purposes of Subsection (3)(a)(i)(A) or (4)(a), the form and content of an
2780 advertisement shall be substantially as follows:
2781
2782
2783 The (name of the taxing entity) is proposing to increase its property tax revenue.
2784 * The (name of the taxing entity) tax on a (insert the average value of a residence
2785 in the taxing entity rounded to the nearest thousand dollars) residence would
2786 increase from $______ to $________, which is $_______ per year.
2787 * The (name of the taxing entity) tax on a (insert the value of a business having
2788 the same value as the average value of a residence in the taxing entity) business
2789 would increase from $________ to $_______, which is $______ per year.
2790 * If the proposed budget is approved, (name of the taxing entity) would increase
2791 its property tax budgeted revenue by ___% above last year's property tax
2792 budgeted revenue excluding new growth.
2793 All concerned citizens are invited to a public hearing on the tax increase.
2794
2795 Date/Time: (date) (time)
2796 Location: (name of meeting place and address of meeting place)
2797 To obtain more information regarding the tax increase, citizens may contact the (name
2798 of the taxing entity) at (phone number of taxing entity)."
2799 (ii) For purposes of Subsection (3)(a)(i)(B)(I), the form and content of an
2800 advertisement shall be substantially as follows:
2801
2802
2803 The (name of the taxing entity) is proposing to increase its property tax revenue.
2804 * The (name of the taxing entity) tax on a (insert the average value of a residence
2805 in the taxing entity rounded to the nearest thousand dollars) residence would
2806 increase from $______ to $________, which is $_______ per year.
2807 * The (name of the taxing entity) tax on a (insert the value of a business having
2808 the same value as the average value of a residence in the taxing entity) business
2809 would increase from $________ to $_______, which is $______ per year.
2810 * If the proposed budget is approved, (name of the taxing entity) would increase
2811 its property tax budgeted revenue by ___% above last year's property tax
2812 budgeted revenue excluding new growth.
2813 (Name of taxing entity) property tax revenue from new growth and other sources will
2814 increase from $_______________ to $______________.
2815 All concerned citizens are invited to a public hearing on the tax increase.
2816
2817 Date/Time: (date) (time)
2818 Location: (name of meeting place and address of meeting place)
2819 To obtain more information regarding the tax increase, citizens may contact the (name
2820 of the taxing entity) at (phone number of taxing entity)."
2821 (7) The commission:
2822 (a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
2823 Rulemaking Act, governing the joint use of one advertisement described in Subsection (6) by
2824 two or more taxing entities; and
2825 (b) subject to Section 45-1-101 , may authorize:
2826 (i) the use of a weekly newspaper:
2827 (A) in a county having both daily and weekly newspapers if the weekly newspaper
2828 would provide equal or greater notice to the taxpayer; and
2829 (B) if the county petitions the commission for the use of the weekly newspaper; or
2830 (ii) the use by a taxing entity except for a calendar year taxing entity that provides the
2831 notice described in Subsection (3)(a)(i)(B)(II) of a commission approved direct notice to each
2832 taxpayer if:
2833 (A) the cost of the advertisement would cause undue hardship;
2834 (B) the direct notice is different and separate from that provided for in Section
2835 59-2-919.1 ; and
2836 (C) the taxing entity petitions the commission for the use of a commission approved
2837 direct notice.
2838 (8) (a) (i) A taxing entity shall on or before March 1 notify the county legislative body
2839 in which the taxing entity is located of the date, time, and place of the first public hearing at
2840 which the taxing entity's annual budget will be discussed.
2841 (ii) A county that receives notice from a taxing entity under Subsection (8)(a)(i) shall
2842 include on the notice required by Section 59-2-919.1 the date, time, and place of the public
2843 hearing described in Subsection (8)(a)(i).
2844 (b) (i) A public hearing described in this section shall be open to the public.
2845 (ii) The governing body of a taxing entity conducting a public hearing described in
2846 this section shall provide an interested party desiring to be heard an opportunity to present oral
2847 testimony within reasonable time limits.
2848 (c) (i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a
2849 public hearing described in this section at the same time as the public hearing of another
2850 overlapping taxing entity in the same county.
2851 (ii) The taxing entities in which the power to set tax levies is vested in the same
2852 governing board or authority may consolidate the public hearings described in this section into
2853 one public hearing.
2854 (d) A county legislative body shall resolve any conflict in public hearing dates and
2855 times after consultation with each affected taxing entity.
2856 (e) A taxing entity shall hold a public hearing described in this section beginning at or
2857 after 6 p.m.
2858 (9) (a) If a taxing entity does not make a final decision on budgeting an increased
2859 amount of ad valorem tax revenue at a public hearing described in this section, the taxing
2860 entity shall announce at that public hearing the scheduled time and place of the next public
2861 meeting at which the taxing entity will consider budgeting the increased amount of ad valorem
2862 tax revenue.
2863 (b) (i) If a calendar year taxing entity that conducts a public hearing in accordance
2864 with Subsection (3)(b)(ii) does not adopt a resolution levying a tax rate on the day of the
2865 public hearing, the taxing entity shall announce at that public hearing the scheduled time and
2866 place of the next public meeting at which the taxing entity will consider adopting a resolution
2867 levying the tax rate.
2868 (ii) If a taxing entity except for a taxing entity described in Subsection (5)(a) or (b)
2869 will consider adopting a resolution levying a tax rate at a day and time that is more than two
2870 weeks after the public hearing described in Subsection 59-2-919.1 (2)(c)(v), the taxing entity
2871 shall meet the notice requirements of Subsection (3)(a)(i)(B)(I).
2872 (10) (a) A taxing entity may adopt a resolution levying a tax rate that exceeds the
2873 taxing entity's certified tax rate if the taxing entity, to the extent required by this section, meets
2874 the:
2875 (i) notice requirements of this section; and
2876 (ii) public hearing requirements of this section.
2877 (b) A public hearing on levying a tax rate that exceeds a taxing entity's certified tax
2878 rate may coincide with a public hearing on the taxing entity's proposed annual budget.
2879 (11) The amendments to this section in Laws of Utah 2009, Chapter 204, apply to:
2880 (a) for a fiscal year taxing entity, the fiscal year that begins on July 1, 2009; or
2881 (b) for a calendar year taxing entity, the fiscal year that begins on January 1, 2010.
2882 Section 51. Section 59-2-919.2 is amended to read:
2883 59-2-919.2. Consolidated advertisement of public hearings.
2884 (1) (a) Except as provided in Subsection (1)(b), on the same day on which a taxing
2885 entity provides the notice to the county required under Subsection 59-2-919 (8)(a)(i), the
2886 taxing entity shall provide to the county auditor the information required by Subsection
2887 59-2-919 (8)(a)(i).
2888 (b) A taxing entity is not required to notify the county auditor of the taxing entity's
2889 public hearing in accordance with Subsection (1)(a) if the taxing entity is exempt from the
2890 notice requirements of Section 59-2-919 .
2891 (2) If as of July 22, two or more taxing entities notify the county auditor under
2892 Subsection (1), the county auditor shall by no later than July 22 of each year:
2893 (a) compile a list of the taxing entities that notify the county auditor under Subsection
2894 (1);
2895 (b) include on the list described in Subsection (2)(a), the following information for
2896 each taxing entity on the list:
2897 (i) the name of the taxing entity;
2898 (ii) the date, time, and location of the public hearing described in Subsection
2899 59-2-919 (8)(a)(i);
2900 (iii) the average dollar increase on a residence in the taxing entity that the proposed
2901 tax increase would generate; and
2902 (iv) the average dollar increase on a business in the taxing entity that the proposed tax
2903 increase would generate;
2904 (c) provide a copy of the list described in Subsection (2)(a) to each taxing entity that
2905 notifies the county auditor under Subsection (1); and
2906 (d) in addition to the requirements of Subsection (3), if the county has a webpage,
2907 publish a copy of the list described in Subsection (2)(a) on the county's webpage until
2908 December 31.
2909 (3) (a) At least two weeks before any public hearing included in the list under
2910 Subsection (2) is held, the county auditor shall publish:
2911 (i) the list compiled under Subsection (2); and
2912 (ii) a statement that:
2913 (A) the list is for informational purposes only;
2914 (B) the list should not be relied on to determine a person's tax liability under this
2915 chapter; and
2916 (C) for specific information related to the tax liability of a taxpayer, the taxpayer
2917 should review the taxpayer's tax notice received under Section 59-2-919.1 .
2918 (b) Except as provided in Subsection (3)(d)(ii), the information described in
2919 Subsection (3)(a) shall be published:
2920 (i) in no less than 1/4 page in size;
2921 (ii) in type no smaller than 18 point; and
2922 (iii) surrounded by a 1/4-inch border.
2923 (c) The published information described in Subsection (3)(a) and published in
2924 accordance with Subsection (3)(d)(i) may not be placed in the portion of a newspaper where a
2925 legal notice or classified advertisement appears.
2926 (d) A county auditor shall publish the information described in Subsection (3)(a):
2927 (i) (A) in a newspaper or combination of newspapers that are:
2928 (I) published at least one day per week;
2929 (II) of general interest and readership in the county; and
2930 (III) not of limited subject matter; and
2931 (B) once each week for the two weeks preceding the first hearing included in the list
2932 compiled under Subsection (2); and
2933 (ii) [
2934 included in the list compiled under Subsection (2)[
2935 (A) as required in Section 45-1-101 ; and
2936 (B) on the Utah Public Notice Website created in Section 63F-1-701 .
2937 (4) A taxing entity that notifies the county auditor under Subsection (1) shall provide
2938 the list described in Subsection (2)(c) to a person:
2939 (a) who attends the public hearing described in Subsection 59-2-919 (8)(a)(i) of the
2940 taxing entity; or
2941 (b) who requests a copy of the list.
2942 (5) (a) A county auditor shall by no later than 30 days from the day on which the last
2943 publication of the information required by Subsection (3)(a) is made:
2944 (i) determine the costs of compiling and publishing the list; and
2945 (ii) charge each taxing entity included on the list an amount calculated by dividing the
2946 amount determined under Subsection (5)(a) by the number of taxing entities on the list.
2947 (b) A taxing entity shall pay the county auditor the amount charged under Subsection
2948 (5)(a).
2949 (6) The publication of the list under this section does not remove or change the notice
2950 requirements of Section 59-2-919 for a taxing entity.
2951 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2952 the commission may make rules:
2953 (a) relating to the publication of a consolidated advertisement which includes the
2954 information described in Subsection (2) for a taxing entity that overlaps two or more counties;
2955 (b) relating to the payment required in Subsection (5)(b); and
2956 (c) to oversee the administration of this section and provide for uniform
2957 implementation.
2958 Section 52. Section 59-12-1102 is amended to read:
2959 59-12-1102. Base -- Rate -- Imposition of tax -- Distribution of revenue --
2960 Administration -- Commission requirement to retain an amount to be deposited into the
2961 Qualified Emergency Food Agencies Fund -- Enactment or repeal of tax -- Effective date
2962 -- Notice requirements.
2963 (1) (a) (i) Subject to Subsections (2) through (6), and in addition to any other tax
2964 authorized by this chapter, a county may impose by ordinance a county option sales and use
2965 tax of .25% upon the transactions described in Subsection 59-12-103 (1).
2966 (ii) Notwithstanding Subsection (1)(a)(i), a county may not impose a tax under this
2967 section on the sales and uses described in Section 59-12-104 to the extent the sales and uses
2968 are exempt from taxation under Section 59-12-104 .
2969 (b) For purposes of this Subsection (1), the location of a transaction shall be
2970 determined in accordance with Sections 59-12-211 through 59-12-215 .
2971 (c) The county option sales and use tax under this section shall be imposed:
2972 (i) upon transactions that are located within the county, including transactions that are
2973 located within municipalities in the county; and
2974 (ii) except as provided in Subsection (1)(d) or (5), beginning on the first day of
2975 January:
2976 (A) of the next calendar year after adoption of the ordinance imposing the tax if the
2977 ordinance is adopted on or before May 25; or
2978 (B) of the second calendar year after adoption of the ordinance imposing the tax if the
2979 ordinance is adopted after May 25.
2980 (d) Notwithstanding Subsection (1)(c)(ii), the county option sales and use tax under
2981 this section shall be imposed:
2982 (i) beginning January 1, 1998, if an ordinance adopting the tax imposed on or before
2983 September 4, 1997; or
2984 (ii) beginning January 1, 1999, if an ordinance adopting the tax is imposed during
2985 1997 but after September 4, 1997.
2986 (2) (a) Before imposing a county option sales and use tax under Subsection (1), a
2987 county shall hold two public hearings on separate days in geographically diverse locations in
2988 the county.
2989 (b) (i) At least one of the hearings required by Subsection (2)(a) shall have a starting
2990 time of no earlier than 6 p.m.
2991 (ii) The earlier of the hearings required by Subsection (2)(a) shall be no less than
2992 seven days after the day the first advertisement required by Subsection (2)(c) is published.
2993 (c) (i) Before holding the public hearings required by Subsection (2)(a), the county
2994 shall advertise:
2995 (A) its intent to adopt a county option sales and use tax;
2996 (B) the date, time, and location of each public hearing; and
2997 (C) a statement that the purpose of each public hearing is to obtain public comments
2998 regarding the proposed tax.
2999 (ii) The advertisement shall be published:
3000 (A) in a newspaper of general circulation in the county once each week for the two
3001 weeks preceding the earlier of the two public hearings; and
3002 (B) [
3003 in Section 63F-1-701 , for two weeks preceding the earlier of the two public hearings.
3004 (iii) The advertisement described in Subsection (2)(c)(ii)(A) shall be no less than 1/8
3005 page in size, and the type used shall be no smaller than 18 point and surrounded by a 1/4-inch
3006 border.
3007 (iv) The advertisement described in Subsection (2)(c)(ii)(A) may not be placed in that
3008 portion of the newspaper where legal notices and classified advertisements appear.
3009 (v) In accordance with Subsection (2)(c)(ii)(A), whenever possible:
3010 (A) the advertisement shall appear in a newspaper that is published at least five days a
3011 week, unless the only newspaper in the county is published less than five days a week; and
3012 (B) the newspaper selected shall be one of general interest and readership in the
3013 community, and not one of limited subject matter.
3014 (d) The adoption of an ordinance imposing a county option sales and use tax is subject
3015 to a local referendum election and shall be conducted as provided in Title 20A, Chapter 7, Part
3016 6, Local Referenda - Procedures.
3017 (3) (a) Subject to Subsection (5), if the aggregate population of the counties imposing
3018 a county option sales and use tax under Subsection (1) is less than 75% of the state population,
3019 the tax levied under Subsection (1) shall be distributed to the county in which the tax was
3020 collected.
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