Senator Karen Mayne proposes the following substitute bill:


1     
PUBLIC NOTICE AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Mayne

5     
House Sponsor: Joel Ferry

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to public notices.
10     Highlighted Provisions:
11          This bill:
12          ▸     eliminates some requirements to publish certain notices in a newspaper and on a
13     specified legal notice website;
14          ▸     requires certain notices to be posted on the Utah Public Notice Website;
15          ▸     requires the Division of Archives and Records Service to allow newspapers to
16     request and automatically receive a feed of postings to the Utah Public Notice
17     Website; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          8-5-6, as last amended by Laws of Utah 2009, Chapter 388

26          10-2-406, as last amended by Laws of Utah 2019, Chapter 255
27          10-2-407, as last amended by Laws of Utah 2019, Chapter 255
28          10-2-415, as last amended by Laws of Utah 2020, Chapter 22
29          10-2-418, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 7
30          10-2-419, as last amended by Laws of Utah 2019, Chapter 255
31          10-2-502.5, as last amended by Laws of Utah 2019, Chapter 255
32          10-2-607, as last amended by Laws of Utah 2019, Chapter 255
33          10-2-703, as last amended by Laws of Utah 2019, Chapter 255
34          10-2-708, as last amended by Laws of Utah 2020, Chapter 22
35          10-2a-207, as last amended by Laws of Utah 2019, Chapters 165, 255 and last amended
36     by Coordination Clause, Laws of Utah 2019, Chapter 165
37          10-2a-210, as last amended by Laws of Utah 2020, Chapter 22
38          10-2a-213, as last amended by Laws of Utah 2020, Chapter 22
39          10-2a-214, as last amended by Laws of Utah 2020, Chapter 22
40          10-2a-215, as last amended by Laws of Utah 2020, Chapter 22
41          10-2a-404, as enacted by Laws of Utah 2015, Chapter 352
42          10-2a-405, as last amended by Laws of Utah 2016, Chapter 176
43          10-2a-410, as last amended by Laws of Utah 2017, Chapter 158
44          10-3-301, as last amended by Laws of Utah 2020, Chapter 95
45          10-3-711, as last amended by Laws of Utah 2004, Chapter 202
46          10-5-108, as last amended by Laws of Utah 2017, Chapter 193
47          10-6-113, as last amended by Laws of Utah 2017, Chapter 193
48          10-6-152, as last amended by Laws of Utah 2009, Chapter 388
49          10-7-16, as last amended by Laws of Utah 2009, Chapter 388
50          10-7-19, as last amended by Laws of Utah 2019, Chapter 255
51          10-8-2, as last amended by Laws of Utah 2019, Chapter 376
52          10-8-15, as last amended by Laws of Utah 2019, Chapter 413
53          10-9a-204, as last amended by Laws of Utah 2010, Chapter 90
54          10-9a-205, as last amended by Laws of Utah 2017, Chapter 84
55          10-18-203, as last amended by Laws of Utah 2010, Chapter 90
56          10-18-302, as last amended by Laws of Utah 2014, Chapter 176

57          10-18-303, as last amended by Laws of Utah 2009, Chapter 388
58          11-13-219, as last amended by Laws of Utah 2015, Chapter 265
59          11-14-202, as last amended by Laws of Utah 2020, Chapter 31
60          11-14-315, as last amended by Laws of Utah 2010, Chapter 378
61          11-14-318, as last amended by Laws of Utah 2009, First Special Session, Chapter 5
62          11-14a-1, as last amended by Laws of Utah 2009, Chapter 388
63          11-30-5, as last amended by Laws of Utah 2009, Chapter 388
64          11-39-103, as last amended by Laws of Utah 2014, Chapter 196
65          11-42-202, as last amended by Laws of Utah 2020, Chapter 282
66          11-42-301, as last amended by Laws of Utah 2017, Chapter 470
67          11-42-402, as last amended by Laws of Utah 2015, Chapter 396
68          11-42-404, as last amended by Laws of Utah 2015, Chapter 396
69          11-42a-201, as last amended by Laws of Utah 2018, Chapters 197 and 431
70          17-27a-204, as last amended by Laws of Utah 2010, Chapter 90
71          17-27a-205, as last amended by Laws of Utah 2017, Chapter 84
72          17-27a-306, as last amended by Laws of Utah 2015, Chapter 352
73          17-27a-404, as last amended by Laws of Utah 2020, Chapter 434
74          17-41-302, as last amended by Laws of Utah 2019, Chapter 227
75          17-41-304, as last amended by Laws of Utah 2019, Chapter 227
76          17-41-405, as last amended by Laws of Utah 2019, Chapter 227
77          17B-1-111, as last amended by Laws of Utah 2011, Chapter 47
78          17B-1-211, as last amended by Laws of Utah 2013, Chapter 265
79          17B-1-304, as last amended by Laws of Utah 2017, Chapter 112
80          17B-1-306, as last amended by Laws of Utah 2020, Chapter 31
81          17B-1-313, as last amended by Laws of Utah 2009, Chapter 388
82          17B-1-417, as last amended by Laws of Utah 2010, Chapter 90
83          17B-1-505.5, as enacted by Laws of Utah 2017, Chapter 404
84          17B-1-609, as last amended by Laws of Utah 2015, Chapter 436
85          17B-1-643, as last amended by Laws of Utah 2016, Chapter 273
86          17B-1-1204, as last amended by Laws of Utah 2010, Chapter 90
87          17B-1-1307, as last amended by Laws of Utah 2010, Chapter 90

88          17B-2a-705, as last amended by Laws of Utah 2019, Chapter 255
89          17B-2a-1007, as last amended by Laws of Utah 2018, Chapter 197
90          17B-2a-1110, as last amended by Laws of Utah 2016, Chapter 176
91          17C-1-601.5, as last amended by Laws of Utah 2018, Chapter 101
92          17C-1-701.5, as renumbered and amended by Laws of Utah 2016, Chapter 350
93          17C-1-806, as last amended by Laws of Utah 2018, Chapter 364
94          17C-2-108, as last amended by Laws of Utah 2016, Chapter 350
95          17C-3-107, as last amended by Laws of Utah 2016, Chapter 350
96          17C-4-106, as last amended by Laws of Utah 2016, Chapter 350
97          17C-4-202, as last amended by Laws of Utah 2016, Chapter 350
98          17C-5-110, as enacted by Laws of Utah 2016, Chapter 350
99          17C-5-205, as last amended by Laws of Utah 2019, Chapter 376
100          20A-1-206, as last amended by Laws of Utah 2019, Chapter 255
101          20A-3a-604, as renumbered and amended by Laws of Utah 2020, Chapter 31
102          20A-4-104, as last amended by Laws of Utah 2020, Chapter 31
103          20A-4-304, as last amended by Laws of Utah 2019, Chapters 255 and 433
104          20A-5-101, as last amended by Laws of Utah 2019, Chapter 255
105          20A-5-403.5, as enacted by Laws of Utah 2020, Chapter 31
106          20A-5-405, as last amended by Laws of Utah 2020, Chapter 31
107          20A-9-203, as last amended by Laws of Utah 2020, Chapter 22
108          26-8a-405.3, as last amended by Laws of Utah 2012, Chapters 91, 347 and last
109     amended by Coordination Clause, Laws of Utah 2012, Chapter 347
110          38-8-3, as last amended by Laws of Utah 2013, Chapter 163
111          54-8-10, as last amended by Laws of Utah 2010, Chapter 90
112          54-8-16, as last amended by Laws of Utah 2010, Chapter 90
113          54-8-23, as last amended by Laws of Utah 2009, Chapter 388
114          57-13a-104, as enacted by Laws of Utah 2013, Chapter 267
115          59-12-402, as last amended by Laws of Utah 2017, Chapter 422
116          59-12-2208, as enacted by Laws of Utah 2010, Chapter 263
117          62A-5-202.5, as last amended by Laws of Utah 2019, Chapter 255
118          63A-5b-305, as enacted by Laws of Utah 2020, Chapter 152

119          63F-1-701, as last amended by Laws of Utah 2020, Chapter 154
120          63G-6a-112, as last amended by Laws of Utah 2020, Chapter 257
121          72-5-105, as last amended by Laws of Utah 2017, First Special Session, Chapter 2
122          72-6-108, as last amended by Laws of Utah 2012, Chapter 347
123          76-8-809, as last amended by Laws of Utah 2009, Chapter 388
124          78A-7-202, as last amended by Laws of Utah 2015, Chapters 99 and 352
125     

126     Be it enacted by the Legislature of the state of Utah:
127          Section 1. Section 8-5-6 is amended to read:
128          8-5-6. Alternative council or board procedures for notice -- Termination of
129     rights.
130          (1) As an alternative to the procedures set forth in Sections 8-5-1 through 8-5-4, a
131     municipal council or cemetery maintenance district board may pass a resolution demanding
132     that the owner of a lot, site, or portion of the cemetery, which has been unused for burial
133     purposes for more than 60 years, file with the county recorder, city recorder, or town clerk
134     notice of any claim to the lot, site, or portion of the cemetery.
135          (2) The municipal council or cemetery maintenance district board shall then cause a
136     copy of the resolution to be personally served on the owner in the same manner as personal
137     service of process in a civil action. The resolution shall notify the owner that the owner shall,
138     within 60 days after service of the resolution on the owner, express interest in maintaining the
139     cemetery lot, site, or portion of the cemetery and submit satisfactory evidence of an intention to
140     use the lot, site, or portion of the cemetery for a burial.
141          (3) If the owner cannot be personally served with the resolution of the municipal
142     council or cemetery maintenance district board as required in Subsection (2), the municipal
143     council or cemetery maintenance district board shall:
144          (a) publish its resolution[:] on the Utah Public Notice Website created in Section
145     63F-1-701 for three weeks; and
146          [(a) (i) for three successive weeks in a newspaper of general circulation within the
147     county; and]
148          [(ii) in accordance with Section 45-1-101 for three weeks; and]
149          (b) mail a copy of the resolution within 14 days after the publication to the owner's last

150     known address, if available.
151          (4) If, for 30 days after the last date of service or publication of the municipal council's
152     or cemetery maintenance district board's resolution, the owner or person with a legal interest in
153     the cemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of
154     the cemetery for burial purposes, the owner's rights are terminated and that portion of the
155     cemetery shall be vested in the municipality or cemetery maintenance district.
156          Section 2. Section 10-2-406 is amended to read:
157          10-2-406. Notice of certification -- Publishing and providing notice of petition.
158          (1) After receipt of the notice of certification from the city recorder or town clerk under
159     Subsection 10-2-405(2)(c)(i), the municipal legislative body shall publish notice:
160          [(a) (i) at least once a week for three successive weeks, beginning no later than 10 days
161     after the day on which the municipal legislative body receives the notice of certification, in a
162     newspaper of general circulation within:]
163          [(A)] (a) within the area proposed for annexation[; and (B)] and the unincorporated
164     area within 1/2 mile of the area proposed for annexation[; (ii) if there is no newspaper of
165     general circulation in the combined area described in Subsections (1)(a)(i)(A) and (B)], no later
166     than 10 days after the day on which the municipal legislative body receives the notice of
167     certification[,]:
168          (i) by posting one notice, and at least one additional notice per 2,000 population within
169     the combined area, in places within the combined area that are most likely to give notice to the
170     residents within, and the owners of real property located within, the combined area; or
171          [(iii) no later than 10 days after the day on which the municipal legislative body
172     receives the notice of certification,]
173          (ii) by mailing the notice to each residence within, and to each owner of real property
174     located within, the combined area [described in Subsections (1)(a)(i)(A) and (B)];
175          [(b) in accordance with Section 45-1-101, for three weeks, beginning no later than 10
176     days after the day on which the municipal legislative body receives the notice of certification;]
177          [(c)] (b) on the Utah Public Notice Website created in Section 63F-1-701, for three
178     weeks, beginning no later than 10 days after the day on which the municipal legislative body
179     receives the notice of certification;
180          [(d)] (c) within 20 days after the day on which the municipal legislative body receives

181     the notice of certification, by mailing written notice to each affected entity; and
182          [(e)] (d) if the municipality has a website, on the municipality's website for the period
183     of time described in Subsection (1)[(c)](b).
184          (2) The notice described in Subsection (1) shall:
185          (a) state that a petition has been filed with the municipality proposing the annexation of
186     an area to the municipality;
187          (b) state the date of the municipal legislative body's receipt of the notice of certification
188     under Subsection 10-2-405(2)(c)(i);
189          (c) describe the area proposed for annexation in the annexation petition;
190          (d) state that the complete annexation petition is available for inspection and copying at
191     the office of the city recorder or town clerk;
192          (e) state in conspicuous and plain terms that the municipality may grant the petition
193     and annex the area described in the petition unless, within the time required under Subsection
194     10-2-407(2)(a)(i), a written protest to the annexation petition is filed with the commission and
195     a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
196     municipality;
197          (f) state the address of the commission or, if a commission has not yet been created in
198     the county, the county clerk, where a protest to the annexation petition may be filed;
199          (g) state that the area proposed for annexation to the municipality will also
200     automatically be annexed to a local district providing fire protection, paramedic, and
201     emergency services or a local district providing law enforcement service, as the case may be, as
202     provided in Section 17B-1-416, if:
203          (i) the proposed annexing municipality is entirely within the boundaries of a local
204     district:
205          (A) that provides fire protection, paramedic, and emergency services or law
206     enforcement service, respectively; and
207          (B) in the creation of which an election was not required because of Subsection
208     17B-1-214(3)(c); and
209          (ii) the area proposed to be annexed to the municipality is not already within the
210     boundaries of the local district; and
211          (h) state that the area proposed for annexation to the municipality will be automatically

212     withdrawn from a local district providing fire protection, paramedic, and emergency services or
213     a local district providing law enforcement service, as the case may be, as provided in
214     Subsection 17B-1-502(2), if:
215          (i) the petition proposes the annexation of an area that is within the boundaries of a
216     local district:
217          (A) that provides fire protection, paramedic, and emergency services or law
218     enforcement service, respectively; and
219          (B) in the creation of which an election was not required because of Subsection
220     17B-1-214(3)(c); and
221          (ii) the proposed annexing municipality is not within the boundaries of the local
222     district.
223          (3) (a) The statement required by Subsection (2)(e) shall state the deadline for filing a
224     written protest in terms of the actual date rather than by reference to the statutory citation.
225          (b) In addition to the requirements under Subsection (2), a notice under Subsection (1)
226     for a proposed annexation of an area within a county of the first class shall include a statement
227     that a protest to the annexation petition may be filed with the commission by property owners if
228     it contains the signatures of the owners of private real property that:
229          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
230     annexation;
231          (ii) covers at least 25% of the private land area located in the unincorporated area
232     within 1/2 mile of the area proposed for annexation; and
233          (iii) is equal in value to at least 15% of all real property located in the unincorporated
234     area within 1/2 mile of the area proposed for annexation.
235          Section 3. Section 10-2-407 is amended to read:
236          10-2-407. Protest to annexation petition -- Planning advisory area planning
237     commission recommendation -- Petition requirements -- Disposition of petition if no
238     protest filed.
239          (1) A protest to an annexation petition under Section 10-2-403 may be filed by:
240          (a) the legislative body or governing board of an affected entity;
241          (b) the owner of rural real property as defined in Section 17B-2a-1107; or
242          (c) for a proposed annexation of an area within a county of the first class, the owners of

243     private real property that:
244          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
245     annexation;
246          (ii) covers at least 25% of the private land area located in the unincorporated area
247     within 1/2 mile of the area proposed for annexation; and
248          (iii) is equal in value to at least 15% of all real property located in the unincorporated
249     area within 1/2 mile of the area proposed for annexation.
250          (2) Each protest under Subsection (1) shall:
251          (a) be filed:
252          (i) no later than 30 days after the municipal legislative body's receipt of the notice of
253     certification under Subsection 10-2-405(2)(c)(i); and
254          (ii) (A) in a county that has already created a commission under Section 10-2-409, with
255     the commission; or
256          (B) in a county that has not yet created a commission under Section 10-2-409, with the
257     clerk of the county in which the area proposed for annexation is located;
258          (b) state each reason for the protest of the annexation petition and, if the area proposed
259     to be annexed is located in a specified county, justification for the protest under the standards
260     established in this chapter;
261          (c) if the area proposed to be annexed is located in a specified county, contain other
262     information that the commission by rule requires or that the party filing the protest considers
263     pertinent; and
264          (d) contain the name and address of a contact person who is to receive notices sent by
265     the commission with respect to the protest proceedings.
266          (3) The party filing a protest under this section shall on the same date deliver or mail a
267     copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
268          (4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:
269          (a) immediately notify the county legislative body of the protest; and
270          (b) deliver the protest to the boundary commission within five days after:
271          (i) receipt of the protest, if the boundary commission has previously been created; or
272          (ii) creation of the boundary commission under Subsection 10-2-409(1)(b), if the
273     boundary commission has not previously been created.

274          (5) (a) If a protest is filed under this section:
275          (i) the municipal legislative body may, at its next regular meeting after expiration of
276     the deadline under Subsection (2)(a)(i), deny the annexation petition; or
277          (ii) if the municipal legislative body does not deny the annexation petition under
278     Subsection (5)(a)(i), the municipal legislative body may take no further action on the
279     annexation petition until after receipt of the commission's notice of its decision on the protest
280     under Section 10-2-416.
281          (b) If a municipal legislative body denies an annexation petition under Subsection
282     (5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
283     the denial in writing to:
284          (i) the contact sponsor of the annexation petition;
285          (ii) the commission; and
286          (iii) each entity that filed a protest.
287          (6) If no timely protest is filed under this section, the municipal legislative body may,
288     subject to Subsection (7), approve the petition.
289          (7) Before approving an annexation petition under Subsection (6), the municipal
290     legislative body shall hold a public hearing and publish notice of the public hearing:
291          [(a) (i) at least seven days before the day of the public hearing in a newspaper of
292     general circulation within the municipality and the area proposed for annexation;]
293          [(ii) if there is no newspaper of general circulation in the combined area described in
294     Subsection (7)(a)(i),]
295          (a) (i) at least seven days before the day of the public hearing, by posting one notice,
296     and at least one additional notice per 2,000 population within the [combined area] municipality
297     and the area proposed for annexation, in places within [the] that combined area that are most
298     likely to give notice to the residents within, and the owners of real property located within, the
299     combined area; or
300          [(iii)] (ii) at least 10 days before the day of the public hearing by mailing the notice to
301     each residence within, and to each owner of real property located within, the combined area
302     described in Subsection (7)(a)(i);
303          (b) on the Utah Public Notice Website created in Section 63F-1-701, for seven days
304     before the day of the public hearing; and

305          [(c) in accordance with Section 45-1-101, for seven days before the day of the public
306     hearing; and]
307          [(d)] (c) if the municipality has a website, on the municipality's website for seven days
308     before the day of the public hearing.
309          Section 4. Section 10-2-415 is amended to read:
310          10-2-415. Public hearing -- Notice.
311          (1) (a) If the results of the feasibility study or supplemental feasibility study meet the
312     requirements of Subsection 10-2-416(3) with respect to a proposed annexation of an area
313     located in a county of the first class, the commission shall hold a public hearing within 30 days
314     after the day on which the commission receives the feasibility study or supplemental feasibility
315     study results.
316          (b) At the public hearing described in Subsection (1)(a), the commission shall:
317          (i) require the feasibility consultant to present the results of the feasibility study and, if
318     applicable, the supplemental feasibility study;
319          (ii) allow those present to ask questions of the feasibility consultant regarding the study
320     results; and
321          (iii) allow those present to speak to the issue of annexation.
322          (2) The commission shall publish notice of the public hearing described in Subsection
323     (1)(a)[: (a) (i) at least once a week for two successive weeks before the public hearing in a
324     newspaper of general circulation] within the area proposed for annexation, the surrounding 1/2
325     mile of unincorporated area, and the proposed annexing municipality[;]:
326          [(ii) if there is no newspaper of general circulation within the combined area described
327     in Subsection (2)(a)(i),]
328          (a) (i) at least two weeks before the day of the public hearing, by posting one notice,
329     and at least one additional notice per 2,000 population within the combined area, in places
330     within the combined area that are most likely to give notice of the public hearing to the
331     residents within, and the owners of real property located within, the combined area; or
332          [(iii)] (ii) by mailing notice to each residence within, and to each owner of real
333     property located within, the combined area [described in Subsection (2)(a)(i)];
334          (b) on the Utah Public Notice Website created in Section 63F-1-701, for two weeks
335     before the day of the public hearing;

336          [(c) in accordance with Section 45-1-101, for two weeks before the day of the public
337     hearing;]
338          [(d)] (c) by sending written notice of the public hearing to the municipal legislative
339     body of the proposed annexing municipality, the contact sponsor on the annexation petition,
340     each entity that filed a protest, and, if a protest was filed under Subsection 10-2-407(1)(c), the
341     contact person;
342          [(e)] (d) if the municipality has a website, on the municipality's website for two weeks
343     before the day of the public hearing; and
344          [(f)] (e) on the county's website for two weeks before the day of the public hearing.
345          (3) The notice described in Subsection (2) shall:
346          (a) be entitled, "notice of annexation hearing";
347          (b) state the name of the annexing municipality;
348          (c) describe the area proposed for annexation; and
349          (d) specify the following sources where an individual may obtain a copy of the
350     feasibility study conducted in relation to the proposed annexation:
351          (i) if the municipality has a website, the municipality's website;
352          (ii) a municipality's physical address; and
353          (iii) a mailing address and telephone number.
354          (4) Within 30 days after the time under Subsection 10-2-407(2) for filing a protest has
355     expired with respect to a proposed annexation of an area located in a specified county, the
356     boundary commission shall hold a hearing on all protests that were filed with respect to the
357     proposed annexation.
358          (5) At least 14 days before the date of a hearing described in Subsection (4), the
359     commission chair shall publish notice of the hearing:
360          [(a) (i) in a newspaper of general circulation within the area proposed for annexation;]
361          [(ii) if there is no newspaper of general circulation within the area proposed for
362     annexation,]
363          (a) (i) by posting one notice, and at least one additional notice per 2,000 population
364     within the area proposed for annexation, in places within the area that are most likely to give
365     notice of the hearing to the residents within, and the owners of real property located within, the
366     area; or

367          [(iii)] (ii) by mailing notice to each resident within, and each owner of real property
368     located within, the area proposed for annexation;
369          (b) on the Utah Public Notice Website created in Section 63F-1-701, for 14 days before
370     the day of the hearing;
371          [(c) in accordance with Section 45-1-101, for 14 days before the day of the hearing;]
372          [(d)] (c) if the municipality has a website, on the municipality's website for two weeks
373     before the day of the public hearing; and
374          [(e)] (d) on the county's website for two weeks before the day of the public hearing.
375          (6) Each notice described in Subsection (5) shall:
376           (a) state the date, time, and place of the hearing;
377          [(a)] (b) briefly summarize the nature of the protest; and
378          [(b)] (c) state that a copy of the protest is on file at the commission's office.
379          (7) The commission may continue a hearing under Subsection (4) from time to time,
380     but no continued hearing may be held later than 60 days after the original hearing date.
381          (8) In considering protests, the commission shall consider whether the proposed
382     annexation:
383          (a) complies with the requirements of Sections 10-2-402 and 10-2-403 and the
384     annexation policy plan of the proposed annexing municipality;
385          (b) conflicts with the annexation policy plan of another municipality; and
386          (c) if the proposed annexation includes urban development, will have an adverse tax
387     consequence on the remaining unincorporated area of the county.
388          (9) (a) The commission shall record each hearing under this section by electronic
389     means.
390          (b) A transcription of the recording under Subsection (9)(a), the feasibility study, if
391     applicable, information received at the hearing, and the written decision of the commission
392     shall constitute the record of the hearing.
393          Section 5. Section 10-2-418 is amended to read:
394          10-2-418. Annexation of an island or peninsula without a petition -- Notice --
395     Hearing.
396          (1) As used in Subsection (2)(b)(ii), for purposes of an annexation conducted in
397     accordance with this section of an area located within a county of the first class,

398     "municipal-type services" does not include a service provided by a municipality pursuant to a
399     contract that the municipality has with another political subdivision as "political subdivision" is
400     defined in Section 17B-1-102.
401          (2) Notwithstanding Subsection 10-2-402(2), a municipality may annex an
402     unincorporated area under this section without an annexation petition if:
403          (a) for an unincorporated area within the expansion area of more than one municipality,
404     each municipality agrees to the annexation; and
405          (b) (i) (A) the area to be annexed consists of one or more unincorporated islands within
406     or unincorporated peninsulas contiguous to the municipality;
407          (B) the majority of each island or peninsula consists of residential or commercial
408     development;
409          (C) the area proposed for annexation requires the delivery of municipal-type services;
410     and
411          (D) the municipality has provided most or all of the municipal-type services to the area
412     for more than one year;
413          (ii) (A) the area to be annexed consists of one or more unincorporated islands within or
414     unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
415     residents; and
416          (B) the municipality has provided one or more municipal-type services to the area for
417     at least one year;
418          (iii) the area consists of:
419          (A) an unincorporated island within or an unincorporated peninsula contiguous to the
420     municipality; and
421          (B) for an area outside of the county of the first class proposed for annexation, no more
422     than 50 acres; or
423          (iv) (A) the area to be annexed consists only of one or more unincorporated islands in a
424     county of the second class;
425          (B) the area to be annexed is located in the expansion area of a municipality; and
426          (C) the county legislative body in which the municipality is located provides notice to
427     each property owner within the area to be annexed that the county legislative body will hold a
428     public hearing, no less than 15 days after the day on which the county legislative body provides

429     the notice, and may make a recommendation of annexation to the municipality whose
430     expansion area includes the area to be annexed after the public hearing.
431          (3) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a
432     portion of an unincorporated island or unincorporated peninsula under this section, leaving
433     unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
434          (a) in adopting the resolution under Subsection (5)(a) the municipal legislative body
435     determines that not annexing the entire unincorporated island or unincorporated peninsula is in
436     the municipality's best interest; and
437          (b) for an annexation of one or more unincorporated islands under Subsection (2)(b),
438     the entire island of unincorporated area, of which a portion is being annexed, complies with the
439     requirement of Subsection (2)(b)(ii) relating to the number of residents.
440          (4) (a) This subsection applies only to an annexation within a county of the first class.
441          (b) A county of the first class shall agree to an annexation if the majority of private
442     property owners within the area to be annexed give written consent to the annexation, in
443     accordance with Subsection (4)(d), to the recorder of the annexing municipality.
444          (c) For purposes of Subsection (4)(b), the majority of private property owners is
445     property owners who own:
446          (i) the majority of the total private land area within the area proposed for annexation;
447     and
448          (ii) private real property equal to at least 1/2 the value of private real property within
449     the area proposed for annexation.
450          (d) A property owner consenting to annexation shall indicate the property owner's
451     consent on a form which includes language in substantially the following form:
452          "Notice: If this written consent is used to proceed with an annexation of your property
453     in accordance with Utah Code Section 10-2-418, no public election is required by law to
454     approve the annexation. If you sign this consent and later decide you do not want to support
455     the annexation of your property, you may withdraw your signature by submitting a signed,
456     written withdrawal with the recorder or clerk of [name of annexing municipality]. If you
457     choose to withdraw your signature, you must do so no later than the close of the public hearing
458     on the annexation conducted in accordance with Utah Code Subsection 10-2-418(4)(d).".
459          (e) A private property owner may withdraw the property owner's signature indicating

460     consent by submitting a signed, written withdrawal with the recorder or clerk no later than the
461     close of the public hearing held in accordance with Subsection (5)(b).
462          (5) The legislative body of each municipality intending to annex an area under this
463     section shall:
464          (a) adopt a resolution indicating the municipal legislative body's intent to annex the
465     area, describing the area proposed to be annexed; and
466          (b) hold a public hearing on the proposed annexation no earlier than 30 days after the
467     adoption of the resolution described in Subsection (5)(a).
468          (6) A legislative body described in Subsection (5) shall publish notice of a public
469     hearing described in Subsection (5)(b):
470          [(a) (i) at least once a week for three successive weeks before the public hearing in a
471     newspaper of general circulation within the municipality and the area proposed for
472     annexation;]
473          [(ii) if there is no newspaper of general circulation in the combined area described in
474     Subsection (6)(a)(i),]
475          (a) (i) at least three weeks before the day of the public hearing, by posting one notice,
476     and at least one additional notice per 2,000 population in the [combined area] municipality and
477     the area proposed for annexation, in places within the combined area that are most likely to
478     give notice to the residents within, and the owners of real property located within, the
479     combined area; or
480          [(iii)] (ii) at least three weeks before the day of the public hearing, by mailing notice to
481     each residence within, and each owner of real property located within, the combined area
482     described in Subsection (6)(a)(i);
483          (b) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks
484     before the day of the public hearing;
485          [(c) in accordance with Section 45-1-101, for three weeks before the day of the public
486     hearing;]
487          [(d)] (c) by sending written notice to:
488          (i) the board of each local district and special service district whose boundaries contain
489     some or all of the area proposed for annexation; and
490          (ii) the legislative body of the county in which the area proposed for annexation is

491     located; and
492          [(e)] (d) if the municipality has a website, on the municipality's website for three weeks
493     before the day of the public hearing.
494          (7) The legislative body of the annexing municipality shall ensure that:
495          (a) each notice described in Subsection (6):
496          (i) states that the municipal legislative body has adopted a resolution indicating the
497     municipality's intent to annex the area proposed for annexation;
498          (ii) states the date, time, and place of the public hearing described in Subsection (5)(b);
499          (iii) describes the area proposed for annexation; and
500          (iv) except for an annexation that meets the requirements of Subsection (8)(b) or (c),
501     states in conspicuous and plain terms that the municipal legislative body will annex the area
502     unless, at or before the public hearing described in Subsection (5)(b), written protests to the
503     annexation are filed by the owners of private real property that:
504          (A) is located within the area proposed for annexation;
505          (B) covers a majority of the total private land area within the entire area proposed for
506     annexation; and
507          (C) is equal in value to at least 1/2 the value of all private real property within the
508     entire area proposed for annexation; and
509          (b) the first publication of the notice described in Subsection (6)(a) occurs within 14
510     days after the day on which the municipal legislative body adopts a resolution under Subsection
511     (5)(a).
512          (8) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), upon conclusion of the
513     public hearing described in Subsection (5)(b), the municipal legislative body may adopt an
514     ordinance approving the annexation of the area proposed for annexation under this section
515     unless, at or before the hearing, written protests to the annexation have been filed with the
516     recorder or clerk of the municipality by the owners of private real property that:
517          (i) is located within the area proposed for annexation;
518          (ii) covers a majority of the total private land area within the entire area proposed for
519     annexation; and
520          (iii) is equal in value to at least 1/2 the value of all private real property within the
521     entire area proposed for annexation.

522          (b) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
523     described in Subsection (5)(b), a municipality may adopt an ordinance approving the
524     annexation of the area proposed for annexation under this section without allowing or
525     considering protests under Subsection (8)(a) if the owners of at least 75% of the total private
526     land area within the entire area proposed for annexation, representing at least 75% of the value
527     of the private real property within the entire area proposed for annexation, have consented in
528     writing to the annexation.
529          (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an
530     ordinance adopted under Subsection (8)(b)(i), the area annexed is conclusively presumed to be
531     validly annexed.
532          (c) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
533     described in Subsection (5)(b), a municipality may adopt an ordinance approving the
534     annexation of an area that the county legislative body proposes for annexation under this
535     section without allowing or considering protests under Subsection (8)(a) if the county
536     legislative body has formally recommended annexation to the annexing municipality and has
537     made a formal finding that:
538          (A) the area to be annexed can be more efficiently served by the municipality than by
539     the county;
540          (B) the area to be annexed is not likely to be naturally annexed by the municipality in
541     the future as the result of urban development;
542          (C) annexation of the area is likely to facilitate the consolidation of overlapping
543     functions of local government; and
544          (D) annexation of the area is likely to result in an equitable distribution of community
545     resources and obligations.
546          (ii) The county legislative body may base the finding required in Subsection
547     (8)(c)(i)(B) on:
548          (A) existing development in the area;
549          (B) natural or other conditions that may limit the future development of the area; or
550          (C) other factors that the county legislative body considers relevant.
551          (iii) A county legislative body may make the recommendation for annexation required
552     in Subsection (8)(c)(i) for only a portion of an unincorporated island if, as a result of

553     information provided at the public hearing, the county legislative body makes a formal finding
554     that it would be equitable to leave a portion of the island unincorporated.
555          (iv) If a county legislative body has made a recommendation of annexation under
556     Subsection (8)(c)(i):
557          (A) the relevant municipality is not required to proceed with the recommended
558     annexation; and
559          (B) if the relevant municipality proceeds with annexation, the municipality shall annex
560     the entire area that the county legislative body recommended for annexation.
561          (v) Upon the effective date under Section 10-2-425 of an annexation approved by an
562     ordinance adopted under Subsection (8)(c)(i), the area annexed is conclusively presumed to be
563     validly annexed.
564          (9) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), if protests are timely
565     filed under Subsection (8)(a), the municipal legislative body may not adopt an ordinance
566     approving the annexation of the area proposed for annexation, and the annexation proceedings
567     under this section shall be considered terminated.
568          (b) Subsection (9)(a) does not prohibit the municipal legislative body from excluding
569     from a proposed annexation under Subsection (2)(b) the property within an unincorporated
570     island regarding which protests have been filed and proceeding under Subsection (3) to annex
571     some or all of the remaining portion of the unincorporated island.
572          Section 6. Section 10-2-419 is amended to read:
573          10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
574          (1) The legislative bodies of two or more municipalities having common boundaries
575     may adjust their common boundaries as provided in this section.
576          (2) The legislative body of each municipality intending to adjust a boundary that is
577     common with another municipality shall:
578          (a) adopt a resolution indicating the intent of the municipal legislative body to adjust a
579     common boundary; and
580          (b) hold a public hearing on the proposed adjustment no less than 60 days after the
581     adoption of the resolution under Subsection (2)(a).
582          (3) A legislative body described in Subsection (2) shall publish notice of a public
583     hearing described in Subsection (2)(b):

584          [(a) (i) at least once a week for three successive weeks before the public hearing in a
585     newspaper of general circulation within the municipality;]
586          [(ii) if there is no newspaper of general circulation within the municipality,]
587          (a) (i) at least three weeks before the day of the public hearing, by posting one notice,
588     and at least one additional notice per 2,000 population of the municipality, in places within the
589     municipality that are most likely to give notice to residents of the municipality; or
590          [(iii)] (ii) at least three weeks before the day of the public hearing, by mailing notice to
591     each residence in the municipality;
592          (b) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks
593     before the day of the public hearing;
594          [(c) in accordance with Section 45-1-101, for three weeks before the day of the public
595     hearing;]
596          [(d)] (c) if the proposed boundary adjustment may cause any part of real property
597     owned by the state to be within the geographic boundary of a different local governmental
598     entity than before the adjustment, by providing written notice, at least 50 days before the day of
599     the public hearing, to:
600          (i) the title holder of any state-owned real property described in this Subsection (3)(d);
601     and
602          (ii) the Utah State Developmental Center Board, created under Section [62A-5-202]
603     62A-5-202.2, if any state-owned real property described in this Subsection (3)(d) is associated
604     with the Utah State Developmental Center; and
605          [(e)] (d) if the municipality has a website, on the municipality's website for three weeks
606     before the day of the public hearing.
607          (4) The notice described in Subsection (3) shall:
608          (a) state that the municipal legislative body has adopted a resolution indicating the
609     municipal legislative body's intent to adjust a boundary that the municipality has in common
610     with another municipality;
611          (b) describe the area proposed to be adjusted;
612          (c) state the date, time, and place of the public hearing described in Subsection (2)(b);
613          (d) state in conspicuous and plain terms that the municipal legislative body will adjust
614     the boundaries unless, at or before the public hearing described in Subsection (2)(b), a written

615     protest to the adjustment is filed by:
616          (i) an owner of private real property that:
617          (A) is located within the area proposed for adjustment;
618          (B) covers at least 25% of the total private land area within the area proposed for
619     adjustment; and
620          (C) is equal in value to at least 15% of the value of all private real property within the
621     area proposed for adjustment; or
622          (ii) a title holder of state-owned real property described in Subsection (3)(d);
623          (e) state that the area that is the subject of the boundary adjustment will, because of the
624     boundary adjustment, be automatically annexed to a local district providing fire protection,
625     paramedic, and emergency services or a local district providing law enforcement service, as the
626     case may be, as provided in Section 17B-1-416, if:
627          (i) the municipality to which the area is being added because of the boundary
628     adjustment is entirely within the boundaries of a local district:
629          (A) that provides fire protection, paramedic, and emergency services or law
630     enforcement service, respectively; and
631          (B) in the creation of which an election was not required because of Subsection
632     17B-1-214(3)(c); and
633          (ii) the municipality from which the area is being taken because of the boundary
634     adjustment is not within the boundaries of the local district; and
635          (f) state that the area proposed for annexation to the municipality will be automatically
636     withdrawn from a local district providing fire protection, paramedic, and emergency services,
637     as provided in Subsection 17B-1-502(2), if:
638          (i) the municipality to which the area is being added because of the boundary
639     adjustment is not within the boundaries of a local district:
640          (A) that provides fire protection, paramedic, and emergency services; and
641          (B) in the creation of which an election was not required because of Subsection
642     17B-1-214(3)(c); and
643          (ii) the municipality from which the area is being taken because of the boundary
644     adjustment is entirely within the boundaries of the local district.
645          [(5) The first publication of the notice described in Subsection (3)(a)(i) shall be within

646     14 days after the day on which the municipal legislative body adopts a resolution under
647     Subsection (2)(a).]
648          [(6)] (5) Upon conclusion of the public hearing described in Subsection (2)(b), the
649     municipal legislative body may adopt an ordinance approving the adjustment of the common
650     boundary unless, at or before the hearing described in Subsection (2)(b), a written protest to the
651     adjustment is filed with the city recorder or town clerk by a person described in Subsection
652     (3)(d)(i) or (ii).
653          [(7)] (6) The municipal legislative body shall comply with the requirements of Section
654     10-2-425 as if the boundary adjustment were an annexation.
655          [(8)] (7) (a) An ordinance adopted under Subsection [(6)] (5) becomes effective when
656     each municipality involved in the boundary adjustment has adopted an ordinance under
657     Subsection [(6)] (5).
658          (b) The effective date of a boundary adjustment under this section is governed by
659     Section 10-2-425.
660          Section 7. Section 10-2-502.5 is amended to read:
661          10-2-502.5. Hearing on request for disconnection -- Determination by municipal
662     legislative body -- Petition in district court.
663          (1) No sooner than [seven calendar days after, and no later than 30 calendar days after,
664     the last day on which the petitioner publishes the notice required under Subsection
665     10-2-501(3)(a)] three weeks after notice is provided under Subsection 10-2-501(3), the
666     legislative body of the municipality in which the area proposed for disconnection is located
667     shall hold a public hearing.
668          (2) The municipal legislative body shall provide notice of the public hearing:
669          (a) at least seven days before the hearing date, in writing to the petitioner and to the
670     legislative body of the county in which the area proposed for disconnection is located;
671           [(b) (i) at least seven days before the hearing date, by publishing notice in a newspaper
672     of general circulation within the municipality;]
673          [(ii) if there is no newspaper of general circulation within the municipality,]
674          (b) (i) at least seven days before the hearing date, by posting one notice, and at least
675     one additional notice per 2,000 population of the municipality, in places within the
676     municipality that are most likely to give notice to residents within, and the owners of real

677     property located within, the municipality; or
678          [(iii)] (ii) at least 10 days before the hearing date, by mailing notice to each residence
679     within, and each owner of real property located within, the municipality;
680          (c) on the Utah Public Notice Website created in Section 63F-1-701, for seven days
681     before the hearing date; and
682          [(d) in accordance with Section 45-1-101, for seven days before the hearing date; and]
683          [(e)] (d) if the municipality has a website, on the municipality's website for seven days
684     before the hearing date.
685          (3) In the public hearing, any person may speak and submit documents regarding the
686     disconnection proposal.
687          (4) Within 45 calendar days of the hearing, the municipal legislative body shall:
688          (a) determine whether to grant the request for disconnection; and
689          (b) if the municipality determines to grant the request, adopt an ordinance approving
690     disconnection of the area from the municipality.
691          (5) (a) A petition against the municipality challenging the municipal legislative body's
692     determination under Subsection (4) may be filed in district court by:
693          (i) the petitioner; or
694          (ii) the county in which the area proposed for disconnection is located.
695          (b) Each petition under Subsection (5)(a) shall include a copy of the request for
696     disconnection.
697          Section 8. Section 10-2-607 is amended to read:
698          10-2-607. Notice of election.
699          If the county legislative bodies find that the resolution or petition for consolidation and
700     their attachments substantially conform with the requirements of this part, the county
701     legislative bodies shall publish notice of the election for consolidation to the voters of each
702     municipality that would become part of the consolidated municipality:
703          [(1) (a) in a newspaper of general circulation within the boundaries of the municipality
704     at least once a week for four consecutive weeks before the election;]
705          [(b) if there is no newspaper of general circulation in the municipality,]
706          (1) (a) at least four weeks before the day of the election, by posting one notice, and at
707     least one additional notice per 2,000 population of the municipality, in places within the

708     municipality that are most likely to give notice to the voters in the municipality; or
709          [(c)] (b) at least four weeks before the day of the election, by mailing notice to each
710     registered voter in the municipality;
711          (2) on the Utah Public Notice Website created in Section 63F-1-701, for at least four
712     weeks before the day of the election; and
713          [(3) in accordance with Section 45-1-101, for at least four weeks before the day of the
714     election; and]
715          [(4)] (3) if the municipality has a website, on the municipality's website for at least four
716     weeks before the day of the election.
717          Section 9. Section 10-2-703 is amended to read:
718          10-2-703. Publication of notice of election.
719          (1) Immediately after setting the date for the election, the court shall order for
720     publication notice of the:
721          (a) petition; and
722          (b) date the election is to be held to determine the question of dissolution.
723          (2) The notice described in Subsection (1) shall be published:
724          [(a) (i) for at least once a week for a period of four weeks before the election in a
725     newspaper of general circulation in the municipality;]
726          [(ii) if there is no newspaper of general circulation in the municipality,]
727          (a) (i) at least four weeks before the day of the election, by posting one notice, and at
728     least one additional notice per 2,000 population of the municipality, in places within the
729     municipality that are most likely to give notice to the voters in the municipality; or
730          [(iii)] (ii) at least one month before the day of the election, by mailing notice to each
731     registered voter in the municipality;
732          (b) on the Utah Public Notice Website created in Section 63F-1-701, for four weeks
733     before the day of the election; and
734          [(c) in accordance with Section 45-1-101, for four weeks before the day of the election;
735     and]
736          [(d)] (c) if the municipality has a website, on the municipality's website for four weeks
737     before the day of the election.
738          Section 10. Section 10-2-708 is amended to read:

739          10-2-708. Notice of disincorporation -- Publication and filing.
740          When a municipality has been dissolved, the clerk of the court shall publish notice of
741     the dissolution:
742          [(1) (a) in a newspaper of general circulation in the county in which the municipality is
743     located at least once a week for four consecutive weeks;]
744          [(b) if there is no newspaper of general circulation in the county in which the
745     municipality is located,]
746          (1) (a) by posting one notice, and at least one additional notice per 2,000 population of
747     the county in places within the county that are most likely to give notice to the residents within,
748     and the owners of real property located within, the county, including the residents and owners
749     within the municipality that is dissolved; or
750          [(c)] (b) by mailing notice to each residence within, and each owner of real property
751     located within, the county;
752          (2) on the Utah Public Notice Website created in Section 63F-1-701, for four weeks;
753          [(3) in accordance with Section 45-1-101, for four weeks;]
754          [(4)] (3) if the municipality has a website, on the municipality's website for four weeks;
755     and
756          [(5)] (4) on the county's website for four weeks.
757          Section 11. Section 10-2a-207 is amended to read:
758          10-2a-207. Public hearings on feasibility study results -- Notice of hearings.
759          (1) If the results of the feasibility study or supplemental feasibility study comply with
760     Subsection 10-2a-205(6)(a), the lieutenant governor shall, after receipt of the results of the
761     feasibility study or supplemental feasibility study, conduct at least two public hearings:
762          (a) within 60 days after the day on which the lieutenant governor receives the results;
763          (b) at least seven days apart;
764          (c) except in a proposed municipality that will be a city of the fifth class or a town, in
765     geographically diverse locations;
766          (d) within or near the proposed municipality;
767          (e) to allow the feasibility consultant to present the results of the feasibility study; and
768          (f) to inform the public about the results of the feasibility study.
769          (2) At each public hearing described in Subsection (1), the lieutenant governor shall:

770          (a) provide a map or plat of the boundary of the proposed municipality;
771          (b) provide a copy of the feasibility study for public review;
772          (c) allow members of the public to express views about the proposed incorporation,
773     including views about the proposed boundaries; and
774          (d) allow the public to ask the feasibility consultant questions about the feasibility
775     study.
776          (3) The lieutenant governor shall publish notice of the public hearings described in
777     Subsection (1):
778          [(a) (i) at least once a week for three consecutive weeks before the first public hearing
779     in a newspaper of general circulation within the proposed municipality;]
780          [(ii) if there is no newspaper of general circulation in the proposed municipality,]
781          (a) (i) at least three weeks before the day of the first public hearing, by posting one
782     notice, and at least one additional notice per 2,000 population of the proposed municipality, in
783     places within the proposed municipality that are most likely to give notice to the residents
784     within, and the owners of real property located within, the proposed municipality; or
785          [(iii)] (ii) at least three weeks before the first public hearing, by mailing notice to each
786     residence within, and each owner of real property located within, the proposed municipality;
787          (b) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks
788     before the day of the first public hearing; and
789          [(c) in accordance with Section 45-1-101, for three weeks before the day of the first
790     public hearing; and]
791          [(d)] (c) on the lieutenant governor's website for three weeks before the day of the first
792     public hearing.
793          [(4) The last notice required to be published under Subsection (3)(a)(i) shall be at least
794     three days before the first public hearing required under Subsection (1).]
795          [(5)] (4) (a) Except as provided in Subsection [(5)] (4)(b), the notice described in
796     Subsection (3) shall include the feasibility study summary described in Subsection
797     10-2a-205(3)(c) and shall indicate that a full copy of the study is available on the lieutenant
798     governor's website and for inspection at the Office of the Lieutenant Governor.
799          (b) Instead of publishing the feasability summary under Subsection [(5)] (4)(a), the
800     lieutenant governor may publish a statement that specifies the following sources where a

801     resident within, or the owner of real property located within, the proposed municipality, may
802     view or obtain a copy of the feasability study:
803          (i) the lieutenant governor's website;
804          (ii) the physical address of the Office of the Lieutenant Governor; and
805          (iii) a mailing address and telephone number.
806          Section 12. Section 10-2a-210 is amended to read:
807          10-2a-210. Incorporation election.
808          (1) (a) If the lieutenant governor certifies a petition under Subsection 10-2a-209(1)(b),
809     the lieutenant governor shall schedule an incorporation election for the proposed municipality
810     described in the petition to be held on the date of the next regular general election described in
811     Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that
812     is at least 65 days after the day on which the lieutenant governor certifies the petition.
813          (b) (i) The lieutenant governor shall direct the county legislative body of the county in
814     which the proposed municipality is located to hold the election on the date that the lieutenant
815     governor schedules under Subsection (1)(a).
816          (ii) The county shall hold the election as directed by the lieutenant governor under
817     Subsection (1)(b)(i).
818          (2) The county clerk shall publish notice of the election:
819          [(a) (i) in a newspaper of general circulation within the area proposed to be
820     incorporated at least once a week for three successive weeks before the election;]
821          [(ii) if there is no newspaper of general circulation in the area proposed to be
822     incorporated,]
823          (a) (i) at least three weeks before the day of the election, by posting one notice, and at
824     least one additional notice per 2,000 population of the area proposed to be incorporated, in
825     places within the area proposed to be incorporated that are most likely to give notice to the
826     voters within the area proposed to be incorporated; or
827          [(iii)] (ii) at least three weeks before the day of the election, by mailing notice to each
828     registered voter in the area proposed to be incorporated;
829          (b) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks
830     before the day of the election;
831          [(c) in accordance with Section 45-1-101, for three weeks before the day of the

832     election;]
833          [(d)] (c) if the proposed municipality has a website, on the proposed municipality's
834     website for three weeks before the day of the election; and
835          [(e)] (d) on the county's website for three weeks before the day of the election.
836          (3) (a) The notice required by Subsection (2) shall contain:
837          (i) a statement of the contents of the petition;
838          (ii) a description of the area proposed to be incorporated as a municipality;
839          (iii) a statement of the date and time of the election and the location of polling places;
840     and
841          (iv) except as provided in Subsection (3)(c), the feasibility study summary described in
842     Subsection 10-2a-205(3)(c) and a statement that a full copy of the study is available on the
843     lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.
844          [(b) The last notice required to be published under Subsection (2)(a)(i) shall be
845     published at least one day, but no more than seven days, before the day of the election.]
846          [(c)] (b) Instead of publishing the feasibility summary under Subsection (3)(a)(iv), the
847     notice may include a statement that specifies the following sources where a registered voter in
848     area proposed to be incorporated may view or obtain a copy the feasibility study:
849          (i) the lieutenant governor's website;
850          (ii) the physical address of the Office of the Lieutenant Governor; and
851          (iii) a mailing address and telephone number.
852          (4) An individual may not vote in an incorporation election under this section unless
853     the individual is a registered voter who resides, as defined in Section 20A-1-102, within the
854     boundaries of the proposed municipality.
855          (5) If a majority of those who vote in an incorporation election held under this section
856     cast votes in favor of incorporation, the area shall incorporate.
857          Section 13. Section 10-2a-213 is amended to read:
858          10-2a-213. Determination of number of council members -- Determination of
859     election districts -- Hearings and notice.
860          (1) If the incorporation proposal passes, the petition sponsors shall, within 60 days
861     after the day on which the county conducts the canvass of the election under Section
862     10-2a-212:

863          (a) for the incorporation of a city:
864          (i) if the voters at the incorporation election choose the council-mayor form of
865     government, determine the number of council members that will constitute the city council of
866     the city; and
867          (ii) if the voters at the incorporation election vote to elect council members by district,
868     determine the number of council members to be elected by district and draw the boundaries of
869     those districts, which shall be substantially equal in population; and
870          (b) for the incorporation of any municipality:
871          (i) determine the initial terms of the mayor and members of the municipal council so
872     that:
873          (A) the mayor and approximately half the members of the municipal council are
874     elected to serve an initial term, of no less than one year, that allows the mayor's and members'
875     successors to serve a full four-year term that coincides with the schedule established in
876     Subsection 10-3-205(1); and
877          (B) the remaining members of the municipal council are elected to serve an initial
878     term, of no less than one year, that allows the members' successors to serve a full four-year
879     term that coincides with the schedule established in Subsection 10-3-205(2); and
880          (ii) submit in writing to the county legislative body the results of the determinations
881     made by the sponsors under Subsections (1)(a) and (b)(i).
882          (2) A newly incorporated town shall operate under the five-member council form of
883     government as defined in Section 10-3b-102.
884          (3) Before making a determination under Subsection (1)(a) or (b)(i), the petition
885     sponsors shall hold a public hearing within the future municipality on the applicable issues
886     described in Subsections (1)(a) and (b)(i).
887          (4) The petition sponsors shall publish notice of the public hearing described in
888     Subsection (3):
889          [(a) (i) in a newspaper of general circulation within the future municipality at least
890     once a week for two successive weeks before the public hearing;]
891          [(ii) if there is no newspaper of general circulation in the future municipality,]
892          (a) (i) at least two weeks before the day of the public hearing, by posting one notice,
893     and at least one additional notice per 2,000 population of the future municipality, in places

894     within the future municipality that are most likely to give notice to the residents within, and the
895     owners of real property located within, the future municipality; or
896          [(iii)] (ii) at least two weeks before the day of the public hearing, by mailing notice to
897     each residence within, and each owner of real property located within, the future municipality;
898          (b) on the Utah Public Notice Website created in Section 63F-1-701, for two weeks
899     before the day of the public hearing;
900          [(c) in accordance with Section 45-1-101, for at least two weeks before the day of the
901     public hearing;]
902          [(d)] (c) if the future municipality has a website, for two weeks before the day of the
903     public hearing; and
904          [(e)] (d) on the county's website for two weeks before the day of the public hearing.
905          [(5) The last notice required to be published under Subsection (4)(a)(i) shall be
906     published at least three days before the day of the public hearing described in Subsection (3).]
907          Section 14. Section 10-2a-214 is amended to read:
908          10-2a-214. Notice of number of commission or council members to be elected and
909     of district boundaries -- Declaration of candidacy for municipal office.
910          (1) Within 20 days after the day on which a county legislative body receives the
911     petition sponsors' determination under Subsection 10-2a-213(1)(b)(ii), the county clerk shall
912     publish, in accordance with Subsection (2), notice containing:
913          (a) the number of municipal council members to be elected for the new municipality;
914          (b) except as provided in Subsection (3), if some or all of the municipal council
915     members are to be elected by district, a description of the boundaries of those districts;
916          (c) information about the deadline for an individual to file a declaration of candidacy to
917     become a candidate for mayor or municipal council; and
918          (d) information about the length of the initial term of each of the municipal officers.
919          (2) The county clerk shall publish the notice described in Subsection (1):
920          [(a) (i) in a newspaper of general circulation within the future municipality at least
921     once a week for two consecutive weeks;]
922          [(ii) if there is no newspaper of general circulation in the future municipality,]
923          (a) (i) by posting one notice, and at least one additional notice per 2,000 population of
924     the future municipality, in places within the future municipality that are most likely to give

925     notice to the residents in the future municipality; or
926          [(iii)] (ii) by mailing notice to each residence in the future municipality;
927          (b) on the Utah Public Notice Website created in Section 63F-1-701, for two weeks;
928          [(c) in accordance with Section 45-1-101, for two weeks;]
929          [(d)] (c) if the future municipality has a website, on the future municipality's website
930     for two weeks; and
931          [(e)] (d) on the county's website for two weeks.
932          (3) Instead of publishing the district boundaries described in Subsection (1)(b), the
933     notice may include a statement that specifies the following sources where a resident of the
934     future municipality may view or obtain a copy the district:
935          (a) the county website;
936          (b) the physical address of the county offices; and
937          (c) a mailing address and telephone number.
938          (4) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to become a
939     candidate for mayor or municipal council of a municipality incorporating under this part shall
940     file a declaration of candidacy with the clerk of the county in which the future municipality is
941     located and in accordance with:
942          (a) for an incorporation held on the date of a regular general election, the deadlines for
943     filing a declaration of candidacy under Section 20A-9-202; or
944          (b) for an incorporation held on the date of a municipal general election, the deadlines
945     for filing a declaration of candidacy under Section 20A-9-203.
946          Section 15. Section 10-2a-215 is amended to read:
947          10-2a-215. Election of officers of new municipality -- Primary and final election
948     dates -- County clerk duties -- Candidate duties -- Occupation of office.
949          (1) For the election of municipal officers, the county legislative body shall:
950          (a) unless a primary election is prohibited under Subsection 20A-9-404(2), hold a
951     primary election; and
952          (b) unless the election may be cancelled in accordance with Section 20A-1-206, hold a
953     final election.
954          (2) Each election described in Subsection (1) shall be held:
955          (a) consistent with the petition sponsors' determination of the length of each council

956     member's initial term; and
957          (b) for the incorporation of a city:
958          (i) appropriate to the form of government chosen by the voters at the incorporation
959     election;
960          (ii) consistent with the voters' decision about whether to elect city council members by
961     district and, if applicable, consistent with the boundaries of those districts as determined by the
962     petition sponsors; and
963          (iii) consistent with the sponsors' determination of the number of city council members
964     to be elected.
965          (3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2),
966     the primary election described in Subsection (1)(a) shall be held at the earliest of the next:
967          (i) regular primary election described in Subsection 20A-1-201.5(1); or
968          (ii) municipal primary election described in Section 20A-9-404.
969          (b) The county shall hold the primary election, if necessary, on the next election date
970     described in Subsection (3)(a) that is after the incorporation election conducted under Section
971     10-2a-210.
972          (4) (a) Subject to Subsection (4)(b), the county shall hold the final election described in
973     Subsection (1)(b):
974          (i) on the following election date that next follows the date of the incorporation
975     election held under Subsection 10-2a-210(1)(a);
976          (ii) a regular general election described in Section 20A-1-201; or
977          (iii) a regular municipal general election under Section 20A-1-202.
978          (b) The county shall hold the final election on the earliest of the next election date that
979     is listed in Subsection (4)(a)(i), (ii), or (iii):
980          (i) that is after a primary election; or
981          (ii) if there is no primary election, that is at least:
982          (A) 75 days after the incorporation election under Section 10-2a-210; and
983          (B) 65 days after the candidate filing period.
984          (5) The county clerk shall publish notice of an election under this section:
985          [(a) (i) in accordance with Subsection (6), at least once a week for two consecutive
986     weeks before the election in a newspaper of general circulation within the future municipality;]

987          [(ii) if there is no newspaper of general circulation in the future municipality,]
988          (a) (i) at least two weeks before the day of the election, by posting one notice, and at
989     least one additional notice per 2,000 population of the future municipality, in places within the
990     future municipality that are most likely to give notice to the voters within the future
991     municipality; or
992          [(iii)] (ii) at least two weeks before the day of the election, by mailing notice to each
993     registered voter within the future municipality;
994          (b) on the Utah Public Notice Website created in Section 63F-1-701, for two weeks
995     before the day of the election;
996          [(c) in accordance with Section 45-1-101, for two weeks before the day of the
997     election;]
998          [(d)] (c) if the future municipality has a website, on the future municipality's website
999     for two weeks before the day of the election; and
1000          [(e)] (d) on the county's website for two weeks before the day of the election.
1001          [(6) The last notice required to be published under Subsection (5)(a)(i) shall be
1002     published at least one day but no more than seven days before the day of the election.]
1003          [(7)] (6) Until the municipality is incorporated, the county clerk:
1004          (a) is the election officer for all purposes related to the election of municipal officers;
1005          (b) may, as necessary, determine appropriate deadlines, procedures, and instructions
1006     related to the election of municipal officers for a new municipality that are not otherwise
1007     contrary to law;
1008          (c) shall require and determine deadlines for municipal office candidates to file
1009     campaign financial disclosures in accordance with Section 10-3-208; and
1010          (d) shall ensure that the ballot for the election includes each office that is required to be
1011     included in the election for officers of the newly incorporated municipality, including the term
1012     of each office.
1013          [(8)] (7) An individual who has filed as a candidate for an office described in this
1014     section shall comply with:
1015          (a) the campaign finance disclosure requirements described in Section 10-3-208; and
1016          (b) the requirements and deadlines established by the county clerk under this section.
1017          [(9)] (8) Notwithstanding Section 10-3-201, the officers elected at a final election

1018     described in Subsection (4)(a) shall take office:
1019          (a) after taking the oath of office; and
1020          (b) at noon on the first Monday following the day on which the election official
1021     transmits a certificate of nomination or election under the officer's seal to each elected
1022     candidate in accordance with Subsection 20A-4-304(4)(b).
1023          Section 16. Section 10-2a-404 is amended to read:
1024          10-2a-404. Election.
1025          (1) (a) Notwithstanding Section 20A-1-203, a county of the first class shall hold a local
1026     special election on November 3, 2015, on the following ballot propositions:
1027          (i) for registered voters residing within a planning township:
1028          (A) whether the planning township shall be incorporated as a city or town, according to
1029     the classifications of Section 10-2-301, or as a metro township; and
1030          (B) if the planning township incorporates as a metro township, whether the metro
1031     township is included in a municipal services district; and
1032          (ii) for registered voters residing within an unincorporated island, whether the island
1033     should maintain its unincorporated status or be annexed into an eligible city.
1034          (b) (i) A metro township incorporated under this part shall be governed by the
1035     five-member council in accordance with Chapter 3b, Part 5, Metro Township Council Form of
1036     Municipal Government.
1037          (ii) A city or town incorporated under this part shall be governed by the five-member
1038     council form of government as defined in Section 10-3b-102.
1039          (2) Unless a person is a registered voter who resides, as defined in Section 20A-1-102,
1040     within the boundaries of a planning township or an unincorporated island, the person may not
1041     vote on the proposed incorporation or annexation.
1042          (3) The county clerk shall publish notice of the election[:] on the Utah Public Notice
1043     Website created in Section 63F-1-701 for three weeks before the election.
1044          [(a) in a newspaper of general circulation within the planning township or
1045     unincorporated island at least once a week for three successive weeks; and]
1046          [(b) in accordance with Section 45-1-101 for three weeks.]
1047          (4) The notice required by Subsection (3) shall contain:
1048          (a) for residents of a planning township:

1049          (i) a statement that the voters will vote:
1050          (A) to incorporate as a city or town, according to the classifications of Section
1051     10-2-301, or as a metro township; and
1052          (B) if the planning township incorporates as a metro township, whether the metro
1053     township is included in a municipal services district;
1054          (ii) if applicable under Subsection 10-2a-405(5), a map showing the alteration to the
1055     planning township boundaries that would be effective upon incorporation;
1056          (iii) a statement that if the residents of the planning township elect to incorporate:
1057          (A) as a metro township, the metro township shall be governed by a five-member
1058     metro township council in accordance with Chapter 3b, Part 5, Metro Township Council Form
1059     of Municipal Government; or
1060          (B) as a city or town, the city or town shall be governed by the five-member council
1061     form of government as defined in Section 10-3b-102; and
1062          (iv) a statement of the date and time of the election and the location of polling places;
1063          (b) for residents of an unincorporated island:
1064          (i) a statement that the voters will vote either to be annexed into an eligible city or
1065     maintain unincorporated status; and
1066          (ii) a statement of the eligible city, as determined by the county legislative body in
1067     accordance with Section 10-2a-405, the unincorporated island may elect to be annexed by; and
1068          (c) a statement of the date and time of the election and the location of polling places.
1069          [(5) The last publication of notice required under Subsection (3) shall occur at least one
1070     day but no more than seven days before the election.]
1071          [(6) (a) In accordance with Subsection (3)(a), if there is no newspaper of general
1072     circulation within the proposed metro township or unincorporated island,]
1073          (5) (a) In addition to the notice required under Subsection (3), the county clerk shall
1074     post at least one notice of the election per 1,000 population in conspicuous places within the
1075     planning township or unincorporated island that are most likely to give notice of the election to
1076     the voters of the proposed incorporation or annexation.
1077          (b) The clerk shall post the notices under Subsection [(6)] (5)(a) at least seven days
1078     before the election under Subsection (1).
1079          [(7)] (6) (a) In a planning township, if a majority of those casting votes within the

1080     planning township vote to:
1081          (i) incorporate as a city or town, the planning township shall incorporate as a city or
1082     town, respectively; or
1083          (ii) incorporate as a metro township, the planning township shall incorporate as a metro
1084     township.
1085          (b) If a majority of those casting votes within the planning township vote to incorporate
1086     as a metro township, and a majority of those casting votes vote to include the metro township
1087     in a municipal services district and limit the metro township's municipal powers, the metro
1088     township shall be included in a municipal services district and have limited municipal powers.
1089          (c) In an unincorporated island, if a majority of those casting a vote within the selected
1090     unincorporated island vote to:
1091          (i) be annexed by the eligible city, the area shall be annexed by the eligible city; or
1092          (ii) remain an unincorporated area, the area shall remain unincorporated.
1093          [(8)] (7) The county shall, in consultation with interested parties, prepare and provide
1094     information on an annexation or incorporation subject to this part and an election held in
1095     accordance with this section.
1096          Section 17. Section 10-2a-405 is amended to read:
1097          10-2a-405. Duties of county legislative body -- Public hearing -- Notice -- Other
1098     election and incorporation issues -- Rural real property excluded.
1099          (1) The legislative body of a county of the first class shall before an election described
1100     in Section 10-2a-404:
1101          (a) in accordance with Subsection (3), publish notice of the public hearing described in
1102     Subsection (1)(b);
1103          (b) hold a public hearing; and
1104          (c) at the public hearing, adopt a resolution:
1105          (i) identifying, including a map prepared by the county surveyor, all unincorporated
1106     islands within the county;
1107          (ii) identifying each eligible city that will annex each unincorporated island, including
1108     whether the unincorporated island may be annexed by one eligible city or divided and annexed
1109     by multiple eligible cities, if approved by the residents at an election under Section 10-2a-404;
1110     and

1111          (iii) identifying, including a map prepared by the county surveyor, the planning
1112     townships within the county and any changes to the boundaries of a planning township that the
1113     county legislative body proposes under Subsection (5).
1114          (2) The county legislative body shall exclude from a resolution adopted under
1115     Subsection (1)(c) rural real property unless the owner of the rural real property provides written
1116     consent to include the property in accordance with Subsection (7).
1117          (3) (a) The county clerk shall publish notice of the public hearing described in
1118     Subsection (1)(b):
1119          (i) by mailing notice to each owner of real property located in an unincorporated island
1120     or planning township no later than 15 days before the day of the public hearing;
1121          [(ii) at least once a week for three successive weeks in a newspaper of general
1122     circulation within each unincorporated island, each eligible city, and each planning township;
1123     and]
1124          [(iii)] (ii) by posting notice on the Utah Public Notice Website created in Section
1125     63F-1-701, for three weeks before the day of the public hearing[.]; and
1126          [(b) The last publication of notice required under Subsection (3)(a)(ii) shall be at least
1127     three days before the first public hearing required under Subsection (1)(b).]
1128          [(c) (i) If, under Subsection (3)(a)(ii), there is no newspaper of general circulation
1129     within an unincorporated island, an eligible city, or a planning township, the county clerk shall
1130     post]
1131          (iii) by posting at least one notice of the hearing per 1,000 population in conspicuous
1132     places within the selected unincorporated island, eligible city, or planning township, as
1133     applicable, that are most likely to give notice of the hearing to the residents of the
1134     unincorporated island, eligible city, or planning township.
1135          [(ii)] (b) The clerk shall post the notices under Subsection [(3)(c)(i)] (3)(a)(iii) at least
1136     seven days before the hearing under Subsection (1)(b).
1137          [(d)] (c) The notice under Subsection (3)(a) [or (c)] shall include:
1138          (i) (A) for a resident of an unincorporated island, a statement that the property in the
1139     unincorporated island may be, if approved at an election under Section 10-2a-404, annexed by
1140     an eligible city, including divided and annexed by multiple cities if applicable, and the name of
1141     the eligible city or cities; or

1142          (B) for residents of a planning township, a statement that the property in the planning
1143     township shall be, pending the results of the election held under Section 10-2a-404,
1144     incorporated as a city, town, or metro township;
1145          (ii) the location and time of the public hearing; and
1146          (iii) the county website where a map may be accessed showing:
1147          (A) how the unincorporated island boundaries will change if annexed by an eligible
1148     city; or
1149          (B) how the planning township area boundaries will change, if applicable under
1150     Subsection (5), when the planning township incorporates as a metro township or as a city or
1151     town.
1152          [(e)] (d) The county clerk shall publish a map described in Subsection (3)[(d)](c)(iii)
1153     on the county website.
1154          (4) The county legislative body may, by ordinance or resolution adopted at a public
1155     meeting and in accordance with applicable law, resolve an issue that arises with an election
1156     held in accordance with this part or the incorporation and establishment of a metro township in
1157     accordance with this part.
1158          (5) (a) The county legislative body may, by ordinance or resolution adopted at a public
1159     meeting, change the boundaries of a planning township.
1160          (b) A change to a planning township boundary under this Subsection (5) is effective
1161     only upon the vote of the residents of the planning township at an election under Section
1162     10-2a-404 to incorporate as a metro township or as a city or town and does not affect the
1163     boundaries of the planning township before the election.
1164          (c) The county legislative body:
1165          (i) may alter a planning township boundary under Subsection (5)(a) only if the
1166     alteration:
1167          (A) affects less than 5% of the residents residing within the planning advisory area; and
1168          (B) does not increase the area located within the planning township's boundaries; and
1169          (ii) may not alter the boundaries of a planning township whose boundaries are entirely
1170     surrounded by one or more municipalities.
1171          (6) After November 2, 2015, and before January 1, 2017, a person may not initiate an
1172     annexation or an incorporation process that, if approved, would change the boundaries of a

1173     planning township.
1174          (7) (a) As used in this Subsection (7), "rural real property" means an area:
1175          (i) zoned primarily for manufacturing, commercial, or agricultural purposes; and
1176          (ii) that does not include residential units with a density greater than one unit per acre.
1177          (b) Unless an owner of rural real property gives written consent to a county legislative
1178     body, rural real property described in Subsection (7)(c) may not be:
1179          (i) included in a planning township identified under Subsection (1)(c); or
1180          (ii) incorporated as part of a metro township, city, or town, in accordance with this
1181     part.
1182          (c) The following rural real property is subject to an owner's written consent under
1183     Subsection (7)(b):
1184          (i) rural real property that consists of 1,500 or more contiguous acres of real property
1185     consisting of one or more tax parcels;
1186          (ii) rural real property that is not contiguous to, but used in connection with, rural real
1187     property that consists of 1,500 or more contiguous acres of real property consisting of one or
1188     more tax parcels;
1189          (iii) rural real property that is owned, managed, or controlled by a person, company, or
1190     association, including a parent, subsidiary, or affiliate related to the owner of 1,500 or more
1191     contiguous acres of rural real property consisting of one or more tax parcels; or
1192          (iv) rural real property that is located in whole or in part in one of the following as
1193     defined in Section 17-41-101:
1194          (A) an agricultural protection area;
1195          (B) an industrial protection area; or
1196          (C) a mining protection area.
1197          Section 18. Section 10-2a-410 is amended to read:
1198          10-2a-410. Determination of metro township districts -- Determination of metro
1199     township or city initial officer terms -- Adoption of proposed districts.
1200          (1) (a) If a metro township with a population of 10,000 or more is incorporated in
1201     accordance with an election held under Section 10-2a-404:
1202          (i) each of the five metro township council members shall be elected by district; and
1203          (ii) the boundaries of the five council districts for election and the terms of office shall

1204     be designated and determined in accordance with this section.
1205          (b) If a metro township with a population of less than 10,000 or a town is incorporated
1206     at an election held in accordance with Section 10-2a-404, the five council members shall be
1207     elected at-large for terms as designated and determined in accordance with this section.
1208          (c) If a city is incorporated at an election held in accordance with Section 10-2a-404:
1209          (i) (A) the four members of the council district who are not the mayor shall be elected
1210     by district; and
1211          (B) the boundaries of the four council districts for election and the term of office shall
1212     be designated and determined in accordance with this section; and
1213          (ii) the mayor shall be elected at-large for a term designated and determined in
1214     accordance with this section.
1215          (2) (a) No later than 90 days after the election day on which the metro township, city,
1216     or town is successfully incorporated under this part, the legislative body of the county in which
1217     the metro township, city, or town is located shall adopt by resolution:
1218          (i) subject to Subsection (2)(b), for each incorporated metro township, city, or town,
1219     the council terms for a length of time in accordance with this section; and
1220          (ii) (A) for a metro township with a population of 10,000 or more, the boundaries of
1221     the five council districts; and
1222          (B) for a city, the boundaries of the four council districts.
1223          (b) (i) For each metro township, city, or town, the county legislative body shall set the
1224     initial terms of the members of the metro township council, city council, or town council so
1225     that:
1226          (A) except as provided in Subsection (2)(b)(ii), approximately half the members of the
1227     council, including the mayor in the case of a city, are elected to serve an initial term, of no less
1228     than one year, that allows their successors to serve a full four-year term that coincides with the
1229     schedule established in Subsection 10-3-205(1); and
1230          (B) the remaining members of the council are elected to serve an initial term, of no less
1231     than one year, that allows their successors to serve a full four-year term that coincides with the
1232     schedule established in Subsection 10-3-205(2).
1233          (ii) For a city that incorporated in a county of the first class in 2016, the term of office
1234     for the office of mayor is:

1235          (A) three years for the initial term of office; and
1236          (B) four years for each subsequent term of office.
1237          (iii) For a metro township with a population of 10,000 or more, the county legislative
1238     body shall divide the metro township into five council districts that comply with Section
1239     10-3-205.5.
1240          (iv) For a city, the county legislative body shall divide the city into four council
1241     districts that comply with Section 10-3-205.5.
1242          (3) (a) Within 20 days of the county legislative body's adoption of a resolution under
1243     Subsection (2), the county clerk shall publish, in accordance with Subsection (3)(b), notice
1244     containing:
1245          (i) if applicable, a description of the boundaries, as designated in the resolution, of:
1246          (A) for a metro township with a population of 10,000 or more, the metro township
1247     council districts; or
1248          (B) the city council districts;
1249          (ii) information about the deadline for filing a declaration of candidacy for those
1250     seeking to become candidates for metro township council, city council, town council, or city
1251     mayor, respectively; and
1252          (iii) information about the length of the initial term of city mayor or each of the metro
1253     township, city, or town council offices, as described in the resolution.
1254          (b) The county clerk shall publish the notice required under Subsection (3)(a) [shall be
1255     published]:
1256          [(i) in a newspaper of general circulation within the metro township, city, or town at
1257     least once a week for two successive weeks; and]
1258          [(ii) in accordance with Section 45-1-101 for two weeks.]
1259          [(c) (i) In accordance with Subsection (3)(b)(i), if there is no newspaper of general
1260     circulation within the future metro township, city, or town, the county clerk shall post]
1261          (i) on the Utah Public Notice Website created in Section 63F-1-701 for two weeks; and
1262          (ii) by posting at least one notice per 1,000 population in conspicuous places within the
1263     future metro township, city, or town that are most likely to give notice to the residents of the
1264     future metro township, city, or town.
1265          [(ii)] (c) The notice under Subsection [(3)(c)(i)] (3)(b)(ii) shall contain the information

1266     required under Subsection (3)(a).
1267          [(iii)] (d) The county clerk shall post the notices under Subsection [(3)(c)(i)] (3)(b)(ii)
1268     at least seven days before the deadline for filing a declaration of candidacy under Subsection
1269     [(3)(d)] (4).
1270          [(d)] (4) A person seeking to become a candidate for metro township, city, or town
1271     council or city mayor shall, in accordance with Section 20A-9-202, file a declaration of
1272     candidacy with the clerk of the county in which the metro township, city, or town is located for
1273     an election described in Section 10-2a-411.
1274          Section 19. Section 10-3-301 is amended to read:
1275          10-3-301. Notice -- Eligibility and residency requirements for elected municipal
1276     office -- Mayor and recorder limitations.
1277          (1) As used in this section:
1278          (a) "Absent" means that an elected municipal officer fails to perform official duties,
1279     including the officer's failure to attend each regularly scheduled meeting that the officer is
1280     required to attend.
1281          (b) "Principal place of residence" means the same as that term is defined in Section
1282     20A-2-105.
1283          (c) "Secondary residence" means a place where an individual resides other than the
1284     individual's principal place of residence.
1285          (2) (a) On or before May 1 in a year in which there is a municipal general election, the
1286     municipal clerk shall publish a notice that identifies:
1287          (i) the municipal offices to be voted on in the municipal general election; and
1288          (ii) the dates for filing a declaration of candidacy for the offices identified under
1289     Subsection (2)(a)(i).
1290          (b) The municipal clerk shall publish the notice described in Subsection (2)(a):
1291          (i) on the Utah Public Notice Website established by Section 63F-1-701; and
1292          (ii) in at least one of the following ways:
1293          (A) at the principal office of the municipality;
1294          [(B) in a newspaper of general circulation within the municipality at least once a week
1295     for two successive weeks in accordance with Section 45-1-101;]
1296          [(C)] (B) in a newsletter produced by the municipality;

1297          [(D)] (C) on a website operated by the municipality; or
1298          [(E)] (D) with a utility enterprise fund customer's bill.
1299          (3) (a) An individual who files a declaration of candidacy for a municipal office shall
1300     comply with the requirements described in Section 20A-9-203.
1301          (b) (i) Except as provided in Subsection (3)(b)(ii), the city recorder or town clerk of
1302     each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates described in
1303     Subsections 20A-9-203(3)(a)(i) and (c)(i) unless the date occurs on a:
1304          (A) Saturday or Sunday; or
1305          (B) state holiday as listed in Section 63G-1-301.
1306          (ii) If on a regular basis a city recorder or town clerk maintains an office schedule that
1307     is less than 40 hours per week, the city recorder or town clerk may comply with Subsection
1308     (3)(b)(i) without maintaining office hours by:
1309          (A) posting the recorder's or clerk's contact information, including a phone number and
1310     email address, on the recorder's or clerk's office door, the main door to the municipal offices,
1311     and, if available, on the municipal website; and
1312          (B) being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i),
1313     via the contact information described in Subsection (3)(b)(ii)(A).
1314          (4) An individual elected to municipal office shall be a registered voter in the
1315     municipality in which the individual is elected.
1316          (5) (a) Each elected officer of a municipality shall maintain a principal place of
1317     residence within the municipality, and within the district that the elected officer represents,
1318     during the officer's term of office.
1319          (b) Except as provided in Subsection (6), an elected municipal office is automatically
1320     vacant if the officer elected to the municipal office, during the officer's term of office:
1321          (i) establishes a principal place of residence outside the district that the elected officer
1322     represents;
1323          (ii) resides at a secondary residence outside the district that the elected officer
1324     represents for a continuous period of more than 60 days while still maintaining a principal
1325     place of residence within the district;
1326          (iii) is absent from the district that the elected officer represents for a continuous period
1327     of more than 60 days; or

1328          (iv) fails to respond to a request, within 30 days after the day on which the elected
1329     officer receives the request, from the county clerk or the lieutenant governor seeking
1330     information to determine the officer's residency.
1331          (6) (a) Notwithstanding Subsection (5), if an elected municipal officer obtains the
1332     consent of the municipal legislative body in accordance with Subsection (6)(b) before the
1333     expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii), the officer may:
1334          (i) reside at a secondary residence outside the district that the elected officer represents
1335     while still maintaining a principal place of residence within the district for a continuous period
1336     of up to one year during the officer's term of office; or
1337          (ii) be absent from the district that the elected officer represents for a continuous period
1338     of up to one year during the officer's term of office.
1339          (b) At a public meeting, the municipal legislative body may give the consent described
1340     in Subsection (6)(a) by majority vote after taking public comment regarding:
1341          (i) whether the legislative body should give the consent; and
1342          (ii) the length of time to which the legislative body should consent.
1343          (7) (a) The mayor of a municipality may not also serve as the municipal recorder or
1344     treasurer.
1345          (b) The recorder of a municipality may not also serve as the municipal treasurer.
1346          (c) An individual who holds a county elected office may not, at the same time, hold a
1347     municipal elected office.
1348          (d) The restriction described in Subsection (7)(c) applies regardless of whether the
1349     individual is elected to the office or appointed to fill a vacancy in the office.
1350          Section 20. Section 10-3-711 is amended to read:
1351          10-3-711. Publication and posting of ordinances.
1352          (1) Before an ordinance may take effect, the legislative body of each municipality
1353     adopting an ordinance, except an ordinance enacted under Section 10-3-706, 10-3-707,
1354     10-3-708, 10-3-709, or 10-3-710, shall:
1355          (a) deposit a copy of the ordinance in the office of the municipal recorder; and
1356          (b) (i) publish a short summary of the ordinance [at least once:] on the Utah Public
1357     Notice Website created in Section 63F-1-701; or
1358          [(A) in a newspaper published within the municipality; or]

1359          [(B) if there is no newspaper published within the municipality, in a newspaper of
1360     general circulation within the municipality; or]
1361          (ii) post a complete copy of the ordinance:
1362          (A) for a city of the first class, in nine public places within the city; or
1363          (B) for any other municipality, in three public places within the municipality.
1364          (2) (a) Any ordinance, code, or book, other than the state code, relating to building or
1365     safety standards, municipal functions, administration, control, or regulations, may be adopted
1366     and shall take effect without further publication or posting, if reference is made to the code or
1367     book and at least one copy has been filed for use and examination by the public in the office of
1368     the recorder or clerk of the city or town prior to the adoption of the ordinance by the governing
1369     body.
1370          (b) Any state law relating to building or safety standards, municipal functions,
1371     administration, control, or regulations, may be adopted and shall take effect without further
1372     publication or posting if reference is made to the state code.
1373          (c) The ordinance adopting the code or book shall be published in the manner provided
1374     in this section.
1375          Section 21. Section 10-5-108 is amended to read:
1376          10-5-108. Budget hearing -- Notice -- Adjustments.
1377          (1) Prior to the adoption of the final budget or an amendment to a budget, a town
1378     council shall hold a public hearing to receive public comment.
1379          (2) The town council shall provide notice of the place, purpose, and time of the public
1380     hearing by [publishing] posting notice at least seven days before the hearing:
1381          [(a) (i) at least once in a newspaper of general circulation in the town; or]
1382          [(ii) if there is no newspaper of general circulation, then by posting the notice]
1383          (a) in three public places at least 48 hours before the hearing;
1384          (b) on the Utah Public Notice Website created in Section 63F-1-701; and
1385          (c) on the home page of the website, either in full or as a link, of the town or metro
1386     township, if the town or metro township has a publicly viewable website, until the hearing
1387     takes place.
1388          (3) After the hearing, the town council, subject to Section 10-5-110, may adjust
1389     expenditures and revenues in conformity with this chapter.

1390          Section 22. Section 10-6-113 is amended to read:
1391          10-6-113. Budget -- Notice of hearing to consider adoption.
1392          At the meeting at which each tentative budget is adopted, the governing body shall
1393     establish the time and place of a public hearing to consider its adoption and shall order that
1394     notice of the public hearing be published at least seven days prior to the hearing:
1395          [(1) (a) in at least one issue of a newspaper of general circulation published in the
1396     county in which the city is located; or]
1397          [(b) if there is not a newspaper as described in Subsection (1)(a),]
1398          (1) in three public places within the city;
1399          (2) on the Utah Public Notice Website created in Section 63F-1-701; and
1400          (3) on the home page of the website, either in full or as a link, of the city or metro
1401     township, if the city or metro township has a publicly viewable website, until the hearing takes
1402     place.
1403          Section 23. Section 10-6-152 is amended to read:
1404          10-6-152. Notice that audit completed and available for inspection.
1405          Within 10 days following the receipt of the audit report furnished by the independent
1406     auditor, the city auditor in cities having an auditor and the city recorder in all other cities shall:
1407          (1) prepare [and publish: (a) (i) at least twice in a newspaper of general circulation
1408     published within the county,] a notice to the public that the audit of the city has been
1409     completed; [or]
1410          [(ii) if a newspaper of general circulation is not published within the county, the notice
1411     required by this section may be posted]
1412          (2) post the notice:
1413          (a) in three public places; and
1414          (b) on the Utah Public Notice Website created in Section 63F-1-701; and
1415          [(b) a notice, published in accordance with Section 45-1-101, to the public that the
1416     audit of the city has been completed; and]
1417          [(2)] (3) make a copy of the notice described in Subsection (1)(a) available for
1418     inspection at the office of the city auditor or recorder.
1419          Section 24. Section 10-7-16 is amended to read:
1420          10-7-16. Call for bids -- Notice -- Contents.

1421          (1) (a) Before holding an election under Subsection 10-7-15(1)(a)(ii), the municipal
1422     legislative body shall open to bid the sale or lease of the property mentioned in Section
1423     10-7-15.
1424          (b) The municipal legislative body shall cause notice of the bid process to be given by
1425     publication for at least three consecutive weeks[:] on the Utah Public Notice Website created in
1426     Section 63F-1-701.
1427          [(i) in a newspaper published or having general circulation in the city or town; and]
1428          [(ii) as required in Section 45-1-101.]
1429          (c) The notice described in Subsection (1) shall:
1430          (i) give a general description of the property to be sold or leased;
1431          (ii) specify the time when sealed bids for the property, or for a lease on the property,
1432     will be received; and
1433          (iii) specify the time when and the place where the bids will be opened.
1434          (2) (a) As used in this section and in Section 10-7-17, "responsible bidder" means an
1435     entity with a proven history of successful operation of an electrical generation and distribution
1436     system, or an equivalent proven history.
1437          (b) Subject to Subsection (2)(c), a municipal legislative body may receive or refuse to
1438     receive any bid submitted for the sale or lease of the electrical works and plant.
1439          (c) A municipal legislative body may not receive a bid unless the municipal legislative
1440     body determines that the bid is submitted by a responsible bidder.
1441          Section 25. Section 10-7-19 is amended to read:
1442          10-7-19. Election to authorize -- Notice -- Ballots.
1443          (1) Subject to Subsection (2), the board of commissioners or city council of any city, or
1444     the board of trustees of any incorporated town, may aid and encourage the building of railroads
1445     by granting to any railroad company, for depot or other railroad purposes, real property of the
1446     city or incorporated town, not necessary for municipal or public purposes, upon the limitations
1447     and conditions established by the board of commissioners, city council, or board of trustees.
1448          (2) A board of commissioners, city council, or board of trustees may not grant real
1449     property under Subsection (1) unless the grant is approved by the eligible voters of the city or
1450     town at the next municipal election, or at a special election called for that purpose by the board
1451     of commissioners, city council, or board of trustees.

1452          (3) If the question is submitted at a special election, the election shall be held as nearly
1453     as practicable in conformity with the general election laws of the state.
1454          (4) The board of commissioners, city council, or board of trustees shall publish notice
1455     of an election described in Subsections (2) and (3):
1456          [(a) (i) in a newspaper of general circulation in the city or town once a week for four
1457     weeks before the election;]
1458          [(ii) if there is no newspaper of general circulation in the city or town,]
1459          (a) (i) at least four weeks before the day of the election, by posting one notice, and at
1460     least one additional notice per 2,000 population of the city or town, in places within the city or
1461     town that are most likely to give notice to the voters in the city or town; or
1462          [(iii)] (ii) at least four weeks before the day of the election, by mailing notice to each
1463     registered voter in the city or town;
1464          (b) on the Utah Public Notice Website created in Section 63F-1-701, for four weeks
1465     before the day of the election; and
1466          [(c) in accordance with Section 45-1-101, for four weeks before the day of the election;
1467     and]
1468          [(d)] (c) if the municipality has a website, on the municipality's website for at least four
1469     weeks before the day of the election.
1470          (5) The board of commissioners, city council, or board of trustees shall cause ballots to
1471     be printed and provided to the eligible voters, which shall read: "For the proposed grant for
1472     depot or other railroad purposes: Yes. No."
1473          (6) If a majority of the votes are cast in favor of the grant, the board of commissioners,
1474     city council, or board of trustees shall convey the real property to the railroad company.
1475          Section 26. Section 10-8-2 is amended to read:
1476          10-8-2. Appropriations -- Acquisition and disposal of property -- Municipal
1477     authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
1478          (1) (a) A municipal legislative body may:
1479          (i) appropriate money for corporate purposes only;
1480          (ii) provide for payment of debts and expenses of the corporation;
1481          (iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
1482     dispose of real and personal property for the benefit of the municipality, whether the property is

1483     within or without the municipality's corporate boundaries, if the action is in the public interest
1484     and complies with other law;
1485          (iv) improve, protect, and do any other thing in relation to this property that an
1486     individual could do; and
1487          (v) subject to Subsection (2) and after first holding a public hearing, authorize
1488     municipal services or other nonmonetary assistance to be provided to or waive fees required to
1489     be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
1490          (b) A municipality may:
1491          (i) furnish all necessary local public services within the municipality;
1492          (ii) purchase, hire, construct, own, maintain and operate, or lease public utilities
1493     located and operating within and operated by the municipality; and
1494          (iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, property
1495     located inside or outside the corporate limits of the municipality and necessary for any of the
1496     purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78B,
1497     Chapter 6, Part 5, Eminent Domain, and general law for the protection of other communities.
1498          (c) Each municipality that intends to acquire property by eminent domain under
1499     Subsection (1)(b) shall comply with the requirements of Section 78B-6-505.
1500          (d) Subsection (1)(b) may not be construed to diminish any other authority a
1501     municipality may claim to have under the law to acquire by eminent domain property located
1502     inside or outside the municipality.
1503          (2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject to
1504     the provisions of Subsection (3).
1505          (b) The total amount of services or other nonmonetary assistance provided or fees
1506     waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the
1507     municipality's budget for that fiscal year.
1508          (3) It is considered a corporate purpose to appropriate money for any purpose that, in
1509     the judgment of the municipal legislative body, provides for the safety, health, prosperity,
1510     moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality
1511     subject to this Subsection (3).
1512          (a) The net value received for any money appropriated shall be measured on a
1513     project-by-project basis over the life of the project.

1514          (b) (i) A municipal legislative body shall establish the criteria for a determination
1515     under this Subsection (3).
1516          (ii) A municipal legislative body's determination of value received is presumed valid
1517     unless a person can show that the determination was arbitrary, capricious, or illegal.
1518          (c) The municipality may consider intangible benefits received by the municipality in
1519     determining net value received.
1520          (d) (i) Before the municipal legislative body makes any decision to appropriate any
1521     funds for a corporate purpose under this section, the municipal legislative body shall hold a
1522     public hearing.
1523          (ii) [The] At least 14 days before the date of the hearing, the municipal legislative body
1524     shall publish a notice of the hearing described in Subsection (3)(d)(i) by posting notice:
1525          (A) [in a newspaper of general circulation at least 14 days before the date of the
1526     hearing or, if there is no newspaper of general circulation, by posting notice] in at least three
1527     conspicuous places within the municipality [for the same time period]; and
1528          (B) on the Utah Public Notice Website created in Section 63F-1-701[, at least 14 days
1529     before the date of the hearing].
1530          (e) (i) Before a municipality provides notice as described in Subsection (3)(d)(ii), the
1531     municipality shall perform a study that analyzes and demonstrates the purpose for an
1532     appropriation described in this Subsection (3) in accordance with Subsection (3)(e)(iii).
1533          (ii) A municipality shall make the study described in Subsection (3)(e)(i) available at
1534     the municipality for review by interested parties at least 14 days immediately before the public
1535     hearing described in Subsection (3)(d)(i).
1536          (iii) A municipality shall consider the following factors when conducting the study
1537     described in Subsection (3)(e)(i):
1538          (A) what identified benefit the municipality will receive in return for any money or
1539     resources appropriated;
1540          (B) the municipality's purpose for the appropriation, including an analysis of the way
1541     the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
1542     peace, order, comfort, or convenience of the inhabitants of the municipality; and
1543          (C) whether the appropriation is necessary and appropriate to accomplish the
1544     reasonable goals and objectives of the municipality in the area of economic development, job

1545     creation, affordable housing, elimination of a development impediment, job preservation, the
1546     preservation of historic structures and property, and any other public purpose.
1547          (f) (i) An appeal may be taken from a final decision of the municipal legislative body,
1548     to make an appropriation.
1549          (ii) A person shall file an appeal as described in Subsection (3)(f)(i) with the district
1550     court within 30 days after the day on which the municipal legislative body makes a decision.
1551          (iii) Any appeal shall be based on the record of the proceedings before the legislative
1552     body.
1553          (iv) A decision of the municipal legislative body shall be presumed to be valid unless
1554     the appealing party shows that the decision was arbitrary, capricious, or illegal.
1555          (g) The provisions of this Subsection (3) apply only to those appropriations made after
1556     May 6, 2002.
1557          (h) This section applies only to appropriations not otherwise approved pursuant to Title
1558     10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, Uniform
1559     Fiscal Procedures Act for Utah Cities.
1560          (4) (a) Before a municipality may dispose of a significant parcel of real property, the
1561     municipality shall:
1562          (i) provide reasonable notice of the proposed disposition at least 14 days before the
1563     opportunity for public comment under Subsection (4)(a)(ii); and
1564          (ii) allow an opportunity for public comment on the proposed disposition.
1565          (b) Each municipality shall, by ordinance, define what constitutes:
1566          (i) a significant parcel of real property for purposes of Subsection (4)(a); and
1567          (ii) reasonable notice for purposes of Subsection (4)(a)(i).
1568          (5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
1569     real property for the purpose of expanding the municipality's infrastructure or other facilities
1570     used for providing services that the municipality offers or intends to offer shall provide written
1571     notice, as provided in this Subsection (5), of its intent to acquire the property if:
1572          (i) the property is located:
1573          (A) outside the boundaries of the municipality; and
1574          (B) in a county of the first or second class; and
1575          (ii) the intended use of the property is contrary to:

1576          (A) the anticipated use of the property under the general plan of the county in whose
1577     unincorporated area or the municipality in whose boundaries the property is located; or
1578          (B) the property's current zoning designation.
1579          (b) Each notice under Subsection (5)(a) shall:
1580          (i) indicate that the municipality intends to acquire real property;
1581          (ii) identify the real property; and
1582          (iii) be sent to:
1583          (A) each county in whose unincorporated area and each municipality in whose
1584     boundaries the property is located; and
1585          (B) each affected entity.
1586          (c) A notice under this Subsection (5) is a protected record as provided in Subsection
1587     63G-2-305(8).
1588          (d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
1589     previously provided notice under Section 10-9a-203 identifying the general location within the
1590     municipality or unincorporated part of the county where the property to be acquired is located.
1591          (ii) If a municipality is not required to comply with the notice requirement of
1592     Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide
1593     the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real
1594     property.
1595          Section 27. Section 10-8-15 is amended to read:
1596          10-8-15. Waterworks -- Construction -- Extraterritorial jurisdiction.
1597          (1) As used in this section, "affected entity" means a:
1598          (a) county that has land use authority over land subject to an ordinance or regulation
1599     described in this section;
1600          (b) local health department, as that term is defined in Section 26A-1-102, that has
1601     jurisdiction pursuant to Section 26A-1-108 over land subject to an ordinance or regulation
1602     described in this section;
1603          (c) municipality that has enacted or has the right to enact an ordinance or regulation
1604     described in this section over the land subject to an ordinance or regulation described in this
1605     section; and
1606          (d) municipality that has land use authority over land subject to an ordinance or

1607     regulation described in this section.
1608          (2) A municipality may construct or authorize the construction of waterworks within or
1609     without the municipal limits, and for the purpose of maintaining and protecting the same from
1610     injury and the water from pollution the municipality's jurisdiction shall extend over the territory
1611     occupied by such works, and over all reservoirs, streams, canals, ditches, pipes and drains used
1612     in and necessary for the construction, maintenance and operation of the same, and over the
1613     stream or other source from which the water is taken, for 15 miles above the point from which
1614     it is taken and for a distance of 300 feet on each side of such stream and over highways along
1615     such stream or watercourse within said 15 miles and said 300 feet.
1616          (3) The jurisdiction of a city of the first class shall additionally be over the entire
1617     watershed within the county of origin of the city of the first class and subject to Subsection (6)
1618     provided that livestock shall be permitted to graze beyond 1,000 feet from any such stream or
1619     source; and provided further, that the city of the first class shall provide a highway in and
1620     through the city's corporate limits, and so far as the city's jurisdiction extends, which may not
1621     be closed to cattle, horses, sheep, hogs, or goats driven through the city, or through any
1622     territory adjacent thereto over which the city has jurisdiction, but the board of commissioners
1623     of the city may enact ordinances placing under police regulations the manner of driving such
1624     cattle, sheep, horses, hogs, and goats through the city, or any territory adjacent thereto over
1625     which the city has jurisdiction.
1626          (4) A municipality may enact all ordinances and regulations necessary to carry the
1627     power herein conferred into effect, and is authorized and empowered to enact ordinances
1628     preventing pollution or contamination of the streams or watercourses from which the
1629     municipality derives the municipality's water supply, in whole or in part, for domestic and
1630     culinary purposes, and may enact ordinances prohibiting or regulating the construction or
1631     maintenance of any closet, privy, outhouse or urinal within the area over which the
1632     municipality has jurisdiction, and provide for permits for the construction and maintenance of
1633     the same.
1634          (5) In granting a permit described in Subsection (4), a municipality may annex thereto
1635     such reasonable conditions and requirements for the protection of the public health as the
1636     municipality determines proper, and may, if determined advisable, require that all closets,
1637     privies and urinals along such streams shall be provided with effective septic tanks or other

1638     germ-destroying instrumentalities.
1639          (6) A city of the first class may only exercise extraterritorial jurisdiction outside of the
1640     city's county of origin, as described in Subsection (3), pursuant to a written agreement with all
1641     municipalities and counties that have jurisdiction over the area where the watershed is located.
1642          (7) (a) After July 1, 2019, a municipal legislative body that seeks to adopt an ordinance
1643     or regulation under the authority of this section shall:
1644          (i) hold a public hearing on the proposed ordinance or regulation; and
1645          (ii) give notice of the date, place, and time of the hearing, as described in Subsection
1646     (7)(b).
1647          (b) At least ten days before the day on which the public hearing described in
1648     Subsection (7)(a)(i) is to be held, the notice described in Subsection (7)(a)(ii) shall be:
1649          (i) mailed to:
1650          (A) each affected entity;
1651          (B) the director of the Division of Drinking Water; and
1652          (C) the director of the Division of Water Quality; and
1653          [(ii) published:]
1654          [(A) in a newspaper of general circulation in the county in which the land subject to the
1655     proposed ordinance or regulation is located; and]
1656          [(B)] (ii) published on the Utah Public Notice Website created in Section 63F-1-701.
1657          (c) An ordinance or regulation adopted under the authority of this section may not
1658     conflict with:
1659          (i) existing federal or state statutes; or
1660          (ii) a rule created pursuant to a federal or state statute governing drinking water or
1661     water quality.
1662          (d) A municipality that enacts an ordinance or regulation under the authority of this
1663     section shall:
1664          (i) provide a copy of the ordinance or regulation to each affected entity; and
1665          (ii) include a copy of the ordinance or regulation in the municipality's drinking water
1666     source protection plan.
1667          Section 28. Section 10-9a-204 is amended to read:
1668          10-9a-204. Notice of public hearings and public meetings to consider general plan

1669     or modifications.
1670          (1) Each municipality shall provide:
1671          (a) notice of the date, time, and place of the first public hearing to consider the original
1672     adoption or any modification of all or any portion of a general plan; and
1673          (b) notice of each public meeting on the subject.
1674          (2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
1675     days before the public hearing and shall be:
1676          [(a) (i) published in a newspaper of general circulation in the area; and]
1677          [(ii)] (a) published on the Utah Public Notice Website created in Section 63F-1-701;
1678          (b) mailed to each affected entity; and
1679          (c) posted:
1680          (i) in at least three public locations within the municipality; or
1681          (ii) on the municipality's official website.
1682          (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1683     before the meeting and shall be:
1684          [(a) (i) submitted to a newspaper of general circulation in the area; and]
1685          [(ii)] (a) published on the Utah Public Notice Website created in Section 63F-1-701;
1686     and
1687          (b) posted:
1688          (i) in at least three public locations within the municipality; or
1689          (ii) on the municipality's official website.
1690          Section 29. Section 10-9a-205 is amended to read:
1691          10-9a-205. Notice of public hearings and public meetings on adoption or
1692     modification of land use regulation.
1693          (1) Each municipality shall give:
1694          (a) notice of the date, time, and place of the first public hearing to consider the
1695     adoption or any modification of a land use regulation; and
1696          (b) notice of each public meeting on the subject.
1697          (2) Each notice of a public hearing under Subsection (1)(a) shall be:
1698          (a) mailed to each affected entity at least 10 calendar days before the public hearing;
1699          (b) posted:

1700          (i) in at least three public locations within the municipality; or
1701          (ii) on the municipality's official website; and
1702          [(c) (i) (A) published in a newspaper of general circulation in the area at least 10
1703     calendar days before the public hearing; and]
1704          [(B) published] (b) (i) posted on the Utah Public Notice Website created in Section
1705     63F-1-701, at least 10 calendar days before the public hearing; or
1706          (ii) mailed at least 10 days before the public hearing to:
1707          (A) each property owner whose land is directly affected by the land use ordinance
1708     change; and
1709          (B) each adjacent property owner within the parameters specified by municipal
1710     ordinance.
1711          (3) Each notice of a public meeting under Subsection (1)(b) shall be posted at least 24
1712     hours before the meeting [and shall be posted]:
1713          (a) in at least three public locations within the municipality; or
1714          (b) on the municipality's official website.
1715          (4) (a) A municipality shall send a courtesy notice to each owner of private real
1716     property whose property is located entirely or partially within a proposed zoning map
1717     enactment or amendment at least 10 days before the scheduled day of the public hearing.
1718          (b) The notice shall:
1719          (i) identify with specificity each owner of record of real property that will be affected
1720     by the proposed zoning map or map amendments;
1721          (ii) state the current zone in which the real property is located;
1722          (iii) state the proposed new zone for the real property;
1723          (iv) provide information regarding or a reference to the proposed regulations,
1724     prohibitions, and permitted uses that the property will be subject to if the zoning map or map
1725     amendment is adopted;
1726          (v) state that the owner of real property may no later than 10 days after the day of the
1727     first public hearing file a written objection to the inclusion of the owner's property in the
1728     proposed zoning map or map amendment;
1729          (vi) state the address where the property owner should file the protest;
1730          (vii) notify the property owner that each written objection filed with the municipality

1731     will be provided to the municipal legislative body; and
1732          (viii) state the location, date, and time of the public hearing described in Section
1733     10-9a-502.
1734          (c) If a municipality mails notice to a property owner in accordance with Subsection
1735     (2)(c)(ii) for a public hearing on a zoning map or map amendment, the notice required in this
1736     Subsection (4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather
1737     than sent separately.
1738          Section 30. Section 10-18-203 is amended to read:
1739          10-18-203. Feasibility study on providing cable television or public
1740     telecommunications services -- Public hearings.
1741          (1) If a feasibility consultant is hired under Section 10-18-202, the legislative body of
1742     the municipality shall require the feasibility consultant to:
1743          (a) complete the feasibility study in accordance with this section;
1744          (b) submit to the legislative body by no later than 180 days from the date the feasibility
1745     consultant is hired to conduct the feasibility study:
1746          (i) the full written results of the feasibility study; and
1747          (ii) a summary of the results that is no longer than one page in length; and
1748          (c) attend the public hearings described in Subsection (4) to:
1749          (i) present the feasibility study results; and
1750          (ii) respond to questions from the public.
1751          (2) The feasibility study described in Subsection (1) shall at a minimum consider:
1752          (a) (i) if the municipality is proposing to provide cable television services to
1753     subscribers, whether the municipality providing cable television services in the manner
1754     proposed by the municipality will hinder or advance competition for cable television services
1755     in the municipality; or
1756          (ii) if the municipality is proposing to provide public telecommunications services to
1757     subscribers, whether the municipality providing public telecommunications services in the
1758     manner proposed by the municipality will hinder or advance competition for public
1759     telecommunications services in the municipality;
1760          (b) whether but for the municipality any person would provide the proposed:
1761          (i) cable television services; or

1762          (ii) public telecommunications services;
1763          (c) the fiscal impact on the municipality of:
1764          (i) the capital investment in facilities that will be used to provide the proposed:
1765          (A) cable television services; or
1766          (B) public telecommunications services; and
1767          (ii) the expenditure of funds for labor, financing, and administering the proposed:
1768          (A) cable television services; or
1769          (B) public telecommunications services;
1770          (d) the projected growth in demand in the municipality for the proposed:
1771          (i) cable television services; or
1772          (ii) public telecommunications services;
1773          (e) the projections at the time of the feasibility study and for the next five years, of a
1774     full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the
1775     facilities necessary to provide the proposed:
1776          (i) cable television services; or
1777          (ii) public telecommunications services; and
1778          (f) the projections at the time of the feasibility study and for the next five years of the
1779     revenues to be generated from the proposed:
1780          (i) cable television services; or
1781          (ii) public telecommunications services.
1782          (3) For purposes of the financial projections required under Subsections (2)(e) and (f),
1783     the feasibility consultant shall assume that the municipality will price the proposed cable
1784     television services or public telecommunications services consistent with Subsection
1785     10-18-303(5).
1786          (4) If the results of the feasibility study satisfy the revenue requirement of Subsection
1787     10-18-202(3), the legislative body, at the next regular meeting after the legislative body
1788     receives the results of the feasibility study, shall schedule at least two public hearings to be
1789     held:
1790          (a) within 60 days of the meeting at which the public hearings are scheduled;
1791          (b) at least seven days apart; and
1792          (c) for the purpose of allowing:

1793          (i) the feasibility consultant to present the results of the feasibility study; and
1794          (ii) the public to:
1795          (A) become informed about the feasibility study results; and
1796          (B) ask questions of the feasibility consultant about the results of the feasibility study.
1797          (5) (a) [Except as provided in Subsection (5)(b), the] The municipality shall publish
1798     notice of the public hearings required under Subsection (4) by:
1799          [(i) at least once a week for three consecutive weeks in a newspaper of general
1800     circulation in the municipality and at least three days before the first public hearing required
1801     under Subsection (4); and]
1802          [(ii)] (i) posting the notice on the Utah Public Notice Website created in Section
1803     63F-1-701, for three weeks, at least three days before the first public hearing required under
1804     Subsection (4)[.]; and
1805          [(b) (i) In accordance with Subsection (5)(a)(i), if there is no newspaper of general
1806     circulation in the municipality, for each 1,000 residents, the municipality shall post]
1807          (ii) posting at least one notice of the hearings per 1,000 residents, in a conspicuous
1808     place within the municipality that is likely to give notice of the hearings to the greatest number
1809     of residents of the municipality.
1810          [(ii)] (b) The municipality shall post the notices at least seven days before the first
1811     public hearing required under Subsection (4) is held.
1812          Section 31. Section 10-18-302 is amended to read:
1813          10-18-302. Bonding authority.
1814          (1) In accordance with Title 11, Chapter 14, Local Government Bonding Act, the
1815     legislative body of a municipality may by resolution determine to issue one or more revenue
1816     bonds or general obligation bonds to finance the capital costs for facilities necessary to provide
1817     to subscribers:
1818          (a) a cable television service; or
1819          (b) a public telecommunications service.
1820          (2) The resolution described in Subsection (1) shall:
1821          (a) describe the purpose for which the indebtedness is to be created; and
1822          (b) specify the dollar amount of the one or more bonds proposed to be issued.
1823          (3) (a) A revenue bond issued under this section shall be secured and paid for:

1824          (i) from the revenues generated by the municipality from providing:
1825          (A) cable television services with respect to revenue bonds issued to finance facilities
1826     for the municipality's cable television services; and
1827          (B) public telecommunications services with respect to revenue bonds issued to finance
1828     facilities for the municipality's public telecommunications services; and
1829          (ii) notwithstanding Subsection (3)(b) and Subsection 10-18-303(3)(a), from revenues
1830     generated under Title 59, Chapter 12, Sales and Use Tax Act, if:
1831          (A) notwithstanding Subsection 11-14-201(3) and except as provided in Subsections
1832     (4) and (5), the revenue bond is approved by the registered voters in an election held:
1833          (I) except as provided in Subsection (3)(a)(ii)(A)(II), pursuant to the provisions of Title
1834     11, Chapter 14, Local Government Bonding Act, that govern bond elections; and
1835          (II) notwithstanding Subsection 11-14-203(2), at a regular general election;
1836          (B) the revenues described in this Subsection (3)(a)(ii) are pledged as security for the
1837     revenue bond; and
1838          (C) the municipality or municipalities annually appropriate the revenues described in
1839     this Subsection (3)(a)(ii) to secure and pay the revenue bond issued under this section.
1840          (b) Except as provided in Subsection (3)(a)(ii), a municipality may not pay the
1841     origination, financing, or other carrying costs associated with the one or more revenue bonds
1842     issued under this section from the town or city, respectively, general funds or other enterprise
1843     funds of the municipality.
1844          (4) (a) As used in this Subsection (4), "municipal entity" means an entity created
1845     pursuant to an agreement:
1846          (i) under Title 11, Chapter 13, Interlocal Cooperation Act; and
1847          (ii) to which a municipality is a party.
1848          (b) The requirements of Subsection (3)(a)(ii)(A) do not apply to a municipality or
1849     municipal entity that issues revenue bonds, or to a municipality that is a member of a municipal
1850     entity that issues revenue bonds, if:
1851          (i) on or before March 2, 2004, the municipality that is issuing revenue bonds or that is
1852     a member of a municipal entity that is issuing revenue bonds has published the first notice
1853     described in Subsection (4)(b)(iii);
1854          (ii) on or before April 15, 2004, the municipality that is issuing revenue bonds or that

1855     is a member of a municipal entity that is issuing revenue bonds makes the decision to pledge
1856     the revenues described in Subsection (3)(a)(ii) as security for the revenue bonds described in
1857     this Subsection (4)(b)(ii);
1858          (iii) (A) the municipality that is issuing the revenue bonds or the municipality that is a
1859     member of the municipal entity that is issuing the revenue bonds has[: (A)] held a public
1860     hearing for which public notice was given by publication of the notice[: (I) in a newspaper
1861     published in the municipality or in a newspaper of general circulation within the municipality
1862     for two consecutive weeks, with the first publication being not less than 14 days before the
1863     public hearing; and (II)] on the Utah Public Notice Website created in Section 63F-1-701, for
1864     two weeks before the public hearing; and
1865          (B) the notice identifies:
1866          (I) that the notice is given pursuant to Title 11, Chapter 14, Local Government Bonding
1867     Act;
1868          (II) the purpose for the bonds to be issued;
1869          (III) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will
1870     be pledged in any fiscal year;
1871          (IV) the maximum number of years that the pledge will be in effect; and
1872          (V) the time, place, and location for the public hearing;
1873          (iv) the municipal entity that issues revenue bonds:
1874          (A) adopts a final financing plan; and
1875          (B) in accordance with Title 63G, Chapter 2, Government Records Access and
1876     Management Act, makes available to the public at the time the municipal entity adopts the final
1877     financing plan:
1878          (I) the final financing plan; and
1879          (II) all contracts entered into by the municipal entity, except as protected by Title 63G,
1880     Chapter 2, Government Records Access and Management Act;
1881          (v) any municipality that is a member of a municipal entity described in Subsection
1882     (4)(b)(iv):
1883          (A) not less than 30 calendar days after the municipal entity complies with Subsection
1884     (4)(b)(iv)(B), holds a final public hearing;
1885          (B) provides notice, at the time the municipality schedules the final public hearing, to

1886     any person who has provided to the municipality a written request for notice; and
1887          (C) makes all reasonable efforts to provide fair opportunity for oral testimony by all
1888     interested parties; and
1889          (vi) except with respect to a municipality that issued bonds prior to March 1, 2004, not
1890     more than 50% of the average annual debt service of all revenue bonds described in this section
1891     to provide service throughout the municipality or municipal entity may be paid from the
1892     revenues described in Subsection (3)(a)(ii).
1893          (5) On or after July 1, 2007, the requirements of Subsection (3)(a)(ii)(A) do not apply
1894     to a municipality that issues revenue bonds if:
1895          (a) (i) the municipality that is issuing the revenue bonds has[: (i)] held a public hearing
1896     for which public notice was given by publication of the notice[:(A) in a newspaper published
1897     in the municipality or in a newspaper of general circulation within the municipality for two
1898     consecutive weeks, with the first publication being not less than 14 days before the public
1899     hearing; and(B)] on the Utah Public Notice Website created in Section 63F-1-701, for 14 days
1900     before the public hearing; and
1901          (ii) the notice identifies:
1902          (A) that the notice is given pursuant to Title 11, Chapter 14, Local Government
1903     Bonding Act;
1904          (B) the purpose for the bonds to be issued;
1905          (C) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will be
1906     pledged in any fiscal year;
1907          (D) the maximum number of years that the pledge will be in effect; and
1908          (E) the time, place, and location for the public hearing; and
1909          (b) except with respect to a municipality that issued bonds prior to March 1, 2004, not
1910     more than 50% of the average annual debt service of all revenue bonds described in this section
1911     to provide service throughout the municipality or municipal entity may be paid from the
1912     revenues described in Subsection (3)(a)(ii).
1913          (6) A municipality that issues bonds pursuant to this section may not make or grant any
1914     undue or unreasonable preference or advantage to itself or to any private provider of:
1915          (a) cable television services; or
1916          (b) public telecommunications services.

1917          Section 32. Section 10-18-303 is amended to read:
1918          10-18-303. General operating limitations.
1919          A municipality that provides a cable television service or a public telecommunications
1920     service under this chapter is subject to the operating limitations of this section.
1921          (1) A municipality that provides a cable television service shall comply with:
1922          (a) the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq.; and
1923          (b) the regulations issued by the Federal Communications Commission under the Cable
1924     Communications Policy Act of 1984, 47 U.S.C. 521, et seq.
1925          (2) A municipality that provides a public telecommunications service shall comply
1926     with:
1927          (a) the Telecommunications Act of 1996, Pub. L. 104-104;
1928          (b) the regulations issued by the Federal Communications Commission under the
1929     Telecommunications Act of 1996, Pub. L. 104-104;
1930          (c) Section 54-8b-2.2 relating to:
1931          (i) the interconnection of essential facilities; and
1932          (ii) the purchase and sale of essential services; and
1933          (d) the rules made by the Public Service Commission of Utah under Section 54-8b-2.2.
1934          (3) A municipality may not cross subsidize its cable television services or its public
1935     telecommunications services with:
1936          (a) tax dollars;
1937          (b) income from other municipal or utility services;
1938          (c) below-market rate loans from the municipality; or
1939          (d) any other means.
1940          (4) (a) A municipality may not make or grant any undue or unreasonable preference or
1941     advantage to itself or to any private provider of:
1942          (i) cable television services; or
1943          (ii) public telecommunications services.
1944          (b) A municipality shall apply without discrimination as to itself and to any private
1945     provider the municipality's ordinances, rules, and policies, including those relating to:
1946          (i) obligation to serve;
1947          (ii) access to public rights of way;

1948          (iii) permitting;
1949          (iv) performance bonding;
1950          (v) reporting; and
1951          (vi) quality of service.
1952          (c) Subsections (4)(a) and (b) do not supersede the exception for a rural telephone
1953     company in Section 251 of the Telecommunications Act of 1996, Pub. L. 104-104.
1954          (5) In calculating the rates charged by a municipality for a cable television service or a
1955     public telecommunications service, the municipality:
1956          (a) shall include within its rates an amount equal to all taxes, fees, and other
1957     assessments that would be applicable to a similarly situated private provider of the same
1958     services, including:
1959          (i) federal, state, and local taxes;
1960          (ii) franchise fees;
1961          (iii) permit fees;
1962          (iv) pole attachment fees; and
1963          (v) fees similar to those described in Subsections (5)(a)(i) through (iv); and
1964          (b) may not price any cable television service or public telecommunications service at a
1965     level that is less than the sum of:
1966          (i) the actual direct costs of providing the service;
1967          (ii) the actual indirect costs of providing the service; and
1968          (iii) the amount determined under Subsection (5)(a).
1969          (6) (a) A municipality that provides cable television services or public
1970     telecommunications services shall establish and maintain a comprehensive price list of all cable
1971     television services or public telecommunications services offered by the municipality.
1972          (b) The price list required by Subsection (6)(a) shall:
1973          (i) include all terms and conditions relating to the municipality providing each cable
1974     television service or public telecommunications service offered by the municipality;
1975          [(ii) (A) be published in a newspaper having general circulation in the municipality;
1976     and]
1977          [(B) be published in accordance with Section 45-1-101; and]
1978          (ii) be posted on the Utah Public Notice Website created in Section 63F-1-701; and

1979          (iii) be available for inspection:
1980          (A) at a designated office of the municipality; and
1981          (B) during normal business hours.
1982          (c) At least five days before the date a change to a municipality's price list becomes
1983     effective, the municipality shall:
1984          (i) notify the following of the change:
1985          (A) all subscribers to the services for which the price list is being changed; and
1986          (B) any other persons requesting notification of any changes to the municipality's price
1987     list; and
1988          (ii) publish notice on the Utah Public Notice Website created in Section 63F-1-701.
1989          [(ii) (A) publish notice in a newspaper of general circulation in the municipality; and]
1990          [(B) publish notice in accordance with Section 45-1-101.]
1991          [(d) In accordance with Subsection (6)(c)(ii)(A), if there is no newspaper of general
1992     circulation in the municipality, the municipality shall publish the notice required by this
1993     Subsection (6) in a newspaper of general circulation that is nearest the municipality.]
1994          [(e)] (d) A municipality may not offer a cable television service or a public
1995     telecommunications service except in accordance with the prices, terms, and conditions set
1996     forth in the municipality's price list.
1997          (7) A municipality may not offer to provide or provide cable television services or
1998     public telecommunications services to a subscriber that does not reside within the geographic
1999     boundaries of the municipality.
2000          (8) (a) A municipality shall keep accurate books and records of the municipality's:
2001          (i) cable television services; and
2002          (ii) public telecommunications services.
2003          (b) The books and records required to be kept under Subsection (8)(a) are subject to
2004     legislative audit to verify the municipality's compliance with the requirements of this chapter
2005     including:
2006          (i) pricing;
2007          (ii) recordkeeping; and
2008          (iii) antidiscrimination.
2009          (9) A municipality may not receive distributions from the Universal Public

2010     Telecommunications Service Support Fund established in Section 54-8b-15.
2011          Section 33. Section 11-13-219 is amended to read:
2012          11-13-219. Publication of resolutions or agreements -- Contesting legality of
2013     resolution or agreement.
2014          (1) As used in this section:
2015          (a) "Enactment" means:
2016          (i) a resolution adopted or proceedings taken by a governing body under the authority
2017     of this chapter, and includes a resolution, indenture, or other instrument providing for the
2018     issuance of bonds; and
2019          (ii) an agreement or other instrument that is authorized, executed, or approved by a
2020     governing body under the authority of this chapter.
2021          (b) "Governing body" means:
2022          (i) the legislative body of a public agency; or
2023          (ii) the governing authority of an interlocal entity created under this chapter.
2024          (c) "Notice of agreement" means the notice authorized by Subsection (3)(c).
2025          (d) "Notice of bonds" means the notice authorized by Subsection (3)(d).
2026          [(e) "Official newspaper" means the newspaper selected by a governing body under
2027     Subsection (4)(b) to publish its enactments.]
2028          (2) Any enactment taken or made under the authority of this chapter is not subject to
2029     referendum.
2030          (3) (a) A governing body need not publish any enactment taken or made under the
2031     authority of this chapter.
2032          (b) A governing body may provide for the publication of any enactment taken or made
2033     by it under the authority of this chapter according to the publication requirements established
2034     by this section.
2035          (c) (i) If the enactment is an agreement, document, or other instrument, or a resolution
2036     or other proceeding authorizing or approving an agreement, document, or other instrument, the
2037     governing body may, instead of publishing the full text of the agreement, resolution, or other
2038     proceeding, publish a notice of agreement containing:
2039          (A) the names of the parties to the agreement;
2040          (B) the general subject matter of the agreement;

2041          (C) the term of the agreement;
2042          (D) a description of the payment obligations, if any, of the parties to the agreement;
2043     and
2044          (E) a statement that the resolution and agreement will be available for review at the
2045     governing body's principal place of business during regular business hours for 30 days after the
2046     publication of the notice of agreement.
2047          (ii) The governing body shall make a copy of the resolution or other proceeding and a
2048     copy of the contract available at its principal place of business during regular business hours
2049     for 30 days after the publication of the notice of agreement.
2050          (d) If the enactment is a resolution or other proceeding authorizing the issuance of
2051     bonds, the governing body may, instead of publishing the full text of the resolution or other
2052     proceeding and the documents pertaining to the issuance of bonds, publish a notice of bonds
2053     that contains the information described in Subsection 11-14-316(2).
2054          (4) (a) If the governing body chooses to publish an enactment, notice of bonds, or
2055     notice of agreement, the governing body shall comply with the requirements of this Subsection
2056     (4).
2057          [(b) If there is more than one newspaper of general circulation, or more than one
2058     newspaper, published within the boundaries of the governing body, the governing body may
2059     designate one of those newspapers as the official newspaper for all publications made under
2060     this section.]
2061          [(c) (i) (A)] (b) The governing body shall [publish] post the enactment, notice of
2062     bonds, or notice of agreement [in:] on the Utah Public Notice Website created in Section
2063     63F-1-701.
2064          [(I) the official newspaper;]
2065          [(II) the newspaper published in the municipality in which the principal office of the
2066     governmental entity is located; or]
2067          [(III) if no newspaper is published in that municipality, in a newspaper having general
2068     circulation in the municipality; and]
2069          [(B) as required in Section 45-1-101.]
2070          [(ii) The governing body may publish the enactment, notice of bonds, or notice of
2071     agreement:]

2072          [(A) (I) in a newspaper of general circulation; or]
2073          [(II) in a newspaper that is published within the boundaries of any public agency that is
2074     a party to the enactment or agreement; and]
2075          [(B) as required in Section 45-1-101.]
2076          (5) (a) Any person in interest may contest the legality of an enactment or any action
2077     performed or instrument issued under the authority of the enactment for 30 days after the
2078     [publication] posting of the enactment, notice of bonds, or notice of agreement.
2079          (b) After the 30 days have passed, no one may contest the regularity, formality, or
2080     legality of the enactment or any action performed or instrument issued under the authority of
2081     the enactment for any cause whatsoever.
2082          Section 34. Section 11-14-202 is amended to read:
2083          11-14-202. Notice of election -- Contents -- Publication -- Mailing.
2084          (1) The governing body shall publish notice of the election:
2085          [(a) (i) once per week for three consecutive weeks before the election in a newspaper of
2086     general circulation in the local political subdivision, in accordance with Section 11-14-316, the
2087     first publication occurring not less than 21, nor more than 35, days before the day of the
2088     election;]
2089          [(ii) if there is no newspaper of general circulation in the local political subdivision,]
2090          (a) (i) at least 21 days before the day of the election, by posting one notice, and at least
2091     one additional notice per 2,000 population of the local political subdivision, in places within
2092     the local political subdivision that are most likely to give notice to the voters in the local
2093     political subdivision; or
2094          [(iii)] (ii) at least three weeks before the day of the election, by mailing notice to each
2095     registered voter in the local political subdivision;
2096          (b) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks
2097     before the day of the election; and
2098          [(c) in accordance with Section 45-1-101, for three weeks before the day of the
2099     election; and]
2100          [(d)] (c) if the local political subdivision has a website, on the local political
2101     subdivision's website for at least three weeks before the day of the election.
2102          (2) When the debt service on the bonds to be issued will increase the property tax

2103     imposed upon the average value of a residence by an amount that is greater than or equal to $15
2104     per year, the governing body shall prepare and mail either a voter information pamphlet or a
2105     notification described in Subsection (8):
2106          (a) at least 15 days, but not more than 45 days, before the bond election;
2107          (b) to each household containing a registered voter who is eligible to vote on the
2108     bonds; and
2109          (c) that includes the information required by Subsections (4) and (5).
2110          (3) The election officer may change the location of, or establish an additional:
2111          (a) voting precinct polling place, in accordance with Subsection (6);
2112          (b) early voting polling place, in accordance with Subsection 20A-3a-603(2); or
2113          (c) election day voting center, in accordance with Subsection 20A-3a-703(2).
2114          (4) The notice described in Subsection (1) and the voter information pamphlet
2115     described in Subsection (2):
2116          (a) shall include, in the following order:
2117          (i) the date of the election;
2118          (ii) the hours during which the polls will be open;
2119          (iii) the address of the Statewide Electronic Voter Information Website and, if
2120     available, the address of the election officer's website, with a statement indicating that the
2121     election officer will post on the website the location of each polling place for each voting
2122     precinct, each early voting polling place, and each election day voting center, including any
2123     changes to the location of a polling place and the location of an additional polling place;
2124          (iv) a phone number that a voter may call to obtain information regarding the location
2125     of a polling place; and
2126          (v) the title and text of the ballot proposition, including the property tax cost of the
2127     bond described in Subsection 11-14-206(2)(a); and
2128          (b) may include the location of each polling place.
2129          (5) The voter information pamphlet required by this section shall include:
2130          (a) the information required under Subsection (4); and
2131          (b) an explanation of the property tax impact, if any, of the issuance of the bonds,
2132     which may be based on information the governing body determines to be useful, including:
2133          (i) expected debt service on the bonds to be issued;

2134          (ii) a description of the purpose, remaining principal balance, and maturity date of any
2135     outstanding general obligation bonds of the issuer;
2136          (iii) funds other than property taxes available to pay debt service on general obligation
2137     bonds;
2138          (iv) timing of expenditures of bond proceeds;
2139          (v) property values; and
2140          (vi) any additional information that the governing body determines may be useful to
2141     explain the property tax impact of issuance of the bonds.
2142          (6) (a) Except as provided in Section 20A-1-308, the election officer may, after the
2143     deadlines described in Subsections (1) and (2):
2144          (i) if necessary, change the location of a voting precinct polling place; or
2145          (ii) if the election officer determines that the number of voting precinct polling places
2146     is insufficient due to the number of registered voters who are voting, designate additional
2147     voting precinct polling places.
2148          (b) Except as provided in Section 20A-1-308, if an election officer changes the
2149     location of a voting precinct polling place or designates an additional voting precinct polling
2150     place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
2151     times, and location of a changed voting precinct polling place or an additional voting precinct
2152     polling place:
2153          (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
2154     Information Website;
2155          (ii) by posting the information on the website of the election officer, if available; and
2156          (iii) by posting notice:
2157          (A) of a change in the location of a voting precinct polling place, at the new location
2158     and, if possible, the old location; and
2159          (B) of an additional voting precinct polling place, at the additional voting precinct
2160     polling place.
2161          (7) The governing body shall pay the costs associated with the notice required by this
2162     section.
2163          (8) (a) The governing body may mail a notice printed on a postage prepaid,
2164     preaddressed return form that a person may use to request delivery of a voter information

2165     pamphlet by mail.
2166          (b) The notice described in Subsection (8)(a) shall include:
2167          (i) the website upon which the voter information pamphlet is available; and
2168          (ii) the phone number a voter may call to request delivery of a voter information
2169     pamphlet by mail.
2170          (9) A local school board shall comply with the voter information pamphlet
2171     requirements described in Section 53G-4-603.
2172          Section 35. Section 11-14-315 is amended to read:
2173          11-14-315. Nature and validity of bonds issued -- Applicability of other statutory
2174     provisions -- Budget provision required -- Applicable procedures for issuance.
2175          Bonds issued under this chapter shall have all the qualities of negotiable paper, shall be
2176     incontestable in the hands of bona fide purchasers or holders for value and are not invalid for
2177     any irregularity or defect in the proceedings for their issuance and sale. This chapter is
2178     intended to afford an alternative method for the issuance of bonds by local political
2179     subdivisions and may not be so construed as to deprive any local political subdivision of the
2180     right to issue its bonds under authority of any other statute, but nevertheless this chapter shall
2181     constitute full authority for the issue and sale of bonds by local political subdivisions. The
2182     provisions of Section 11-1-1[, Utah Code Annotated 1953,] are not applicable to bonds issued
2183     under this chapter. Any local political subdivision subject to the provisions of any budget law
2184     shall in its annual budget make proper provision for the payment of principal and interest
2185     currently falling due on bonds issued hereunder, but no provision need be made in any such
2186     budget prior to the issuance of the bonds for the issuance thereof or for the expenditure of the
2187     proceeds thereof. No ordinance, resolution or proceeding in respect to the issuance of bonds
2188     hereunder shall be necessary except as herein specifically required, nor shall the publication of
2189     any resolution, proceeding or notice relating to the issuance of the bonds be necessary except as
2190     herein required. Any publication made hereunder [may be made in any newspaper conforming
2191     to the terms hereof in which legal notices may be published under the laws of Utah, without
2192     regard to the designation thereof as the official journal or newspaper of the local political
2193     subdivision, and as required in Section 45-1-101] shall be made by posting on the Utah Public
2194     Notice Website created in Section 63F-1-701. No resolution adopted or proceeding taken
2195     hereunder shall be subject to referendum petition or to an election other than as herein required.

2196     All proceedings adopted hereunder may be adopted on a single reading at any legally convened
2197     meeting of the governing body.
2198          Section 36. Section 11-14-318 is amended to read:
2199          11-14-318. Public hearing required.
2200          (1) Before issuing bonds authorized under this chapter, a local political subdivision
2201     shall:
2202          (a) in accordance with Subsection (2), provide public notice of the local political
2203     subdivision's intent to issue bonds; and
2204          (b) hold a public hearing:
2205          (i) if an election is required under this chapter:
2206          (A) no sooner than 30 days before the day on which the notice of election is published
2207     under Section 11-14-202; and
2208          (B) no later than five business days before the day on which the notice of election is
2209     published under Section 11-14-202; and
2210          (ii) to receive input from the public with respect to:
2211          (A) the issuance of the bonds; and
2212          (B) the potential economic impact that the improvement, facility, or property for which
2213     the bonds pay all or part of the cost will have on the private sector.
2214          (2) A local political subdivision shall:
2215          (a) publish the notice required by Subsection (1)(a)[: (i) once each week for two
2216     consecutive weeks in the official newspaper described in Section 11-14-316 with the first
2217     publication being not less than 14 days before the public hearing required by Subsection (1)(b);
2218     and (ii)] on the Utah Public Notice Website, created under Section 63F-1-701, no less than 14
2219     days before the public hearing required by Subsection (1)(b); and
2220          (b) ensure that the notice:
2221          (i) identifies:
2222          (A) the purpose for the issuance of the bonds;
2223          (B) the maximum principal amount of the bonds to be issued;
2224          (C) the taxes, if any, proposed to be pledged for repayment of the bonds; and
2225          (D) the time, place, and location of the public hearing; and
2226          (ii) informs the public that the public hearing will be held for the purposes described in

2227     Subsection (1)(b)(ii).
2228          Section 37. Section 11-14a-1 is amended to read:
2229          11-14a-1. Notice of debt issuance.
2230          (1) For purposes of this chapter:
2231          (a) (i) "Debt" includes bonds, lease purchase agreements, certificates of participation,
2232     and contracts with municipal building authorities.
2233          (ii) "Debt" does not include tax and revenue anticipation notes or refunding bonds.
2234          (b) (i) "Local government entity" means a county, city, town, school district, local
2235     district, or special service district.
2236          (ii) "Local government entity" does not mean an entity created by an interlocal
2237     agreement under Title 11, Chapter 13, Interlocal Cooperation Act that has assets over
2238     $10,000,000.
2239          (c) "New debt resolution" means a resolution authorizing the issuance of debt wholly
2240     or partially to fund a rejected project.
2241          (d) "Rejected Project" means a project for which a local government entity sought
2242     voter approval for general obligation bond financing and failed to receive that approval.
2243          (2) Unless a local government entity complies with the requirements of this section, it
2244     may not adopt a new debt resolution.
2245          (3) (a) Before adopting a new debt resolution, a local government entity shall:
2246          [(i) advertise its intent to issue debt in a newspaper of general circulation:]
2247          [(A) (I) at least once each week for the two weeks before the meeting at which the
2248     resolution will be considered; and]
2249          [(II) on no less than 1/4 page or a 5 x 7 inch advertisement with type size no smaller
2250     than 18 point and surrounded by a 1/4 inch border; and]
2251          [(B) in accordance with Section 45-1-101,]
2252          (i) advertise the local government entity's intent to issue debt by posting a notice of that
2253     intent on the Utah Public Notice Website created in Section 63F-1-701, for the two weeks
2254     before the meeting at which the resolution will be considered; or
2255          (ii) include notice of its intent to issue debt in a bill or other mailing sent to at least
2256     95% of the residents of the local government entity.
2257          (b) The local government entity shall ensure that the notice:

2258          (i) except for website publication, is at least as large as the bill or other mailing that it
2259     accompanies;
2260          (ii) is entitled, in type size no smaller than 24 point, "Intent to Issue Debt"; and
2261          (iii) contains the information required by Subsection (3)(c).
2262          (c) The local government entity shall ensure that the advertisement or notice described
2263     in Subsection (3)(a):
2264          (i) identifies the local government entity;
2265          (ii) states that the entity will meet on a day, time, and place identified in the
2266     advertisement or notice to hear public comments regarding a resolution authorizing the
2267     issuance of debt by the entity and to explain to the public the reasons for the issuance of debt;
2268          (iii) contains:
2269          (A) the name of the entity that will issue the debt;
2270          (B) the purpose of the debt; and
2271          (C) that type of debt and the maximum principal amount that may be issued;
2272          (iv) invites all concerned citizens to attend the public hearing; and
2273          (v) states that some or all of the proposed debt would fund a project whose general
2274     obligation bond financing was rejected by the voters.
2275          (4) (a) The resolution considered at the hearing shall identify:
2276          (i) the type of debt proposed to be issued;
2277          (ii) the maximum principal amount that might be issued;
2278          (iii) the interest rate;
2279          (iv) the term of the debt; and
2280          (v) how the debt will be repaid.
2281          (b) (i) Except as provided in Subsection (4)(b)(ii), the resolution considered at the
2282     hearing need not be in final form and need not be adopted or rejected at the meeting at which
2283     the public hearing is held.
2284          (ii) The local government entity may not, in the final resolution, increase the maximum
2285     principal amount of debt contained in the notice and discussed at the hearing.
2286          (c) The local government entity may adopt, amend and adopt, or reject the resolution at
2287     a later meeting without recomplying with the published notice requirements of this section.
2288          Section 38. Section 11-30-5 is amended to read:

2289          11-30-5. Publication of order for hearing.
2290          (1) Prior to the date set for hearing, the clerk of the court shall cause the order to be
2291     published[:] by posting the order on the Utah Public Notice Website created in Section
2292     63F-1-701 for three weeks.
2293          [(a) once each week for three consecutive weeks:]
2294          [(i) in a newspaper published or of general circulation within the boundaries of the
2295     public body; or]
2296          [(ii) if the public body has no defined boundaries or there is no newspaper published or
2297     of general circulation within the defined boundaries, a newspaper reasonably calculated to
2298     notify all parties, which has been approved by the court; and]
2299          [(b) in accordance with Section 45-1-101 for three weeks.]
2300          (2) If a refunding bond is being validated, all holders of the bonds to be refunded may
2301     be made defendants to the action, in which case notice may be made, and if so made shall be
2302     considered sufficient, by mailing a copy of the order to each holder's last-known address.
2303          (3) By publication of the order, all defendants shall have been duly served and shall be
2304     parties to the proceedings.
2305          Section 39. Section 11-39-103 is amended to read:
2306          11-39-103. Requirements for undertaking a building improvement or public
2307     works project -- Request for bids -- Authority to reject bids.
2308          (1) If the estimated cost of the building improvement or public works project exceeds
2309     the bid limit, the local entity shall, if it determines to proceed with the building improvement or
2310     public works project:
2311          (a) request bids for completion of the building improvement or public works project
2312     by:
2313          [(i) (A) publishing notice at least twice in a newspaper published or of general
2314     circulation in the local entity at least five days before opening the bids; or]
2315          [(B) if there is no newspaper published or of general circulation in the local entity as
2316     described in Subsection (1)(a)(i)(A),]
2317          (i) posting notice at least five days before opening the bids in at least five public places
2318     in the local entity and leaving the notice posted for at least three days; and
2319          (ii) [publishing notice in accordance with Section 45-1-101] posting notice on the Utah

2320     Public Notice Website created in Section 63F-1-701, at least five days before opening the bids;
2321     and
2322          (b) except as provided in Subsection (3), enter into a contract for the completion of the
2323     building improvement or public works project with:
2324          (i) the lowest responsive responsible bidder; or
2325          (ii) for a design-build project formulated by a local entity, a responsible bidder that:
2326          (A) offers design-build services; and
2327          (B) satisfies the local entity's criteria relating to financial strength, past performance,
2328     integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder
2329     to perform fully and in good faith the contract requirements for a design-build project.
2330          (2) (a) Each notice under Subsection (1)(a) shall indicate that the local entity may reject
2331     any or all bids submitted.
2332          (b) (i) The cost of a building improvement or public works project may not be divided
2333     to avoid:
2334          (A) exceeding the bid limit; and
2335          (B) subjecting the local entity to the requirements of this section.
2336          (ii) Notwithstanding Subsection (2)(b)(i), a local entity may divide the cost of a
2337     building improvement or public works project that would, without dividing, exceed the bid
2338     limit if the local entity complies with the requirements of this section with respect to each part
2339     of the building improvement or public works project that results from dividing the cost.
2340          (3) (a) The local entity may reject any or all bids submitted.
2341          (b) If the local entity rejects all bids submitted but still intends to undertake the
2342     building improvement or public works project, the local entity shall again request bids by
2343     following the procedure provided in Subsection (1)(a).
2344          (c) If, after twice requesting bids by following the procedure provided in Subsection
2345     (1)(a), the local entity determines that no satisfactory bid has been submitted, the governing
2346     body may undertake the building improvement or public works project as it considers
2347     appropriate.
2348          Section 40. Section 11-42-202 is amended to read:
2349          11-42-202. Requirements applicable to a notice of a proposed assessment area
2350     designation.

2351          (1) Each notice required under Subsection 11-42-201(2)(a) shall:
2352          (a) state that the local entity proposes to:
2353          (i) designate one or more areas within the local entity's jurisdictional boundaries as an
2354     assessment area;
2355          (ii) provide an improvement to property within the proposed assessment area; and
2356          (iii) finance some or all of the cost of improvements by an assessment on benefitted
2357     property within the assessment area;
2358          (b) describe the proposed assessment area by any reasonable method that allows an
2359     owner of property in the proposed assessment area to determine that the owner's property is
2360     within the proposed assessment area;
2361          (c) describe, in a general and reasonably accurate way, the improvements to be
2362     provided to the assessment area, including:
2363          (i) the nature of the improvements; and
2364          (ii) the location of the improvements, by reference to streets or portions or extensions
2365     of streets or by any other means that the governing body chooses that reasonably describes the
2366     general location of the improvements;
2367          (d) state the estimated cost of the improvements as determined by a project engineer;
2368          (e) for the version of notice mailed in accordance with Subsection (4)(b), state the
2369     estimated total assessment specific to the benefitted property for which the notice is mailed;
2370          (f) state that the local entity proposes to levy an assessment on benefitted property
2371     within the assessment area to pay some or all of the cost of the improvements according to the
2372     estimated benefits to the property from the improvements;
2373          (g) if applicable, state that an unassessed benefitted government property will receive
2374     improvements for which the cost will be allocated proportionately to the remaining benefitted
2375     properties within the proposed assessment area and that a description of each unassessed
2376     benefitted government property is available for public review at the location or website
2377     described in Subsection (6);
2378          (h) state the assessment method by which the governing body proposes to calculate the
2379     proposed assessment, including, if the local entity is a municipality or county, whether the
2380     assessment will be collected:
2381          (i) by directly billing a property owner; or

2382          (ii) by inclusion on a property tax notice issued in accordance with Section 59-2-1317
2383     and in compliance with Section 11-42-401;
2384          (i) state:
2385          (i) the date described in Section 11-42-203 and the location at which protests against
2386     designation of the proposed assessment area or of the proposed improvements are required to
2387     be filed;
2388          (ii) the method by which the governing body will determine the number of protests
2389     required to defeat the designation of the proposed assessment area or acquisition or
2390     construction of the proposed improvements; and
2391          (iii) in large, boldface, and conspicuous type that a property owner must protest the
2392     designation of the assessment area in writing if the owner objects to the area designation or
2393     being assessed for the proposed improvements, operation and maintenance costs, or economic
2394     promotion activities;
2395          (j) state the date, time, and place of the public hearing required in Section 11-42-204;
2396          (k) if the governing body elects to create and fund a reserve fund under Section
2397     11-42-702, include a description of:
2398          (i) how the reserve fund will be funded and replenished; and
2399          (ii) how remaining money in the reserve fund is to be disbursed upon full payment of
2400     the bonds;
2401          (l) if the governing body intends to designate a voluntary assessment area, include a
2402     property owner consent form that:
2403          (i) estimates the total assessment to be levied against the particular parcel of property;
2404          (ii) describes any additional benefits that the governing body expects the assessed
2405     property to receive from the improvements;
2406          (iii) designates the date and time by which the fully executed consent form is required
2407     to be submitted to the governing body; and
2408          (iv) if the governing body intends to enforce an assessment lien on the property in
2409     accordance with Subsection 11-42-502.1(2)(a)(ii)(C):
2410          (A) appoints a trustee that satisfies the requirements described in Section 57-1-21;
2411          (B) gives the trustee the power of sale;
2412          (C) is binding on the property owner and all successors; and

2413          (D) explains that if an assessment or an installment of an assessment is not paid when
2414     due, the local entity may sell the property owner's property to satisfy the amount due plus
2415     interest, penalties, and costs, in the manner described in Title 57, Chapter 1, Conveyances;
2416          (m) if the local entity intends to levy an assessment to pay operation and maintenance
2417     costs or for economic promotion activities, include:
2418          (i) a description of the operation and maintenance costs or economic promotion
2419     activities to be paid by assessments and the initial estimated annual assessment to be levied;
2420          (ii) a description of how the estimated assessment will be determined;
2421          (iii) a description of how and when the governing body will adjust the assessment to
2422     reflect the costs of:
2423          (A) in accordance with Section 11-42-406, current economic promotion activities; or
2424          (B) current operation and maintenance costs;
2425          (iv) a description of the method of assessment if different from the method of
2426     assessment to be used for financing any improvement; and
2427          (v) a statement of the maximum number of years over which the assessment will be
2428     levied for:
2429          (A) operation and maintenance costs; or
2430          (B) economic promotion activities;
2431          (n) if the governing body intends to divide the proposed assessment area into
2432     classifications under Subsection 11-42-201(1)(b), include a description of the proposed
2433     classifications;
2434          (o) if applicable, state the portion and value of the improvement that will be increased
2435     in size or capacity to serve property outside of the assessment area and how the increases will
2436     be financed; and
2437          (p) state whether the improvements will be financed with a bond and, if so, the
2438     currently estimated interest rate and term of financing, subject to Subsection (2), for which the
2439     benefitted properties within the assessment area may be obligated.
2440          (2) The estimated interest rate and term of financing in Subsection (1)(p) may not be
2441     interpreted as a limitation to the actual interest rate incurred or the actual term of financing as
2442     subject to the market rate at the time of the issuance of the bond.
2443          (3) A notice required under Subsection 11-42-201(2)(a) may contain other information

2444     that the governing body considers to be appropriate, including:
2445          (a) the amount or proportion of the cost of the improvement to be paid by the local
2446     entity or from sources other than an assessment;
2447          (b) the estimated total amount of each type of assessment for the various improvements
2448     to be financed according to the method of assessment that the governing body chooses; and
2449          (c) provisions for any improvements described in Subsection 11-42-102(24)(a)(ii).
2450          (4) Each notice required under Subsection 11-42-201(2)(a) shall:
2451          [(a) (i) (A) be published in a newspaper of general circulation within the local entity's
2452     jurisdictional boundaries, once a week for four consecutive weeks, with the last publication at
2453     least five but not more than 20 days before the day of the hearing required in Section
2454     11-42-204; or]
2455          [(B) if there is no newspaper of general circulation within the local entity's
2456     jurisdictional boundaries,]
2457          (a) (i) be posted in at least three public places within the local entity's jurisdictional
2458     boundaries at least 20 but not more than 35 days before the day of the hearing required in
2459     Section 11-42-204; and
2460          (ii) be published on the Utah Public Notice Website described in Section 63F-1-701 for
2461     four weeks before the deadline for filing protests specified in the notice under Subsection
2462     (1)(i); and
2463          (b) be mailed, postage prepaid, within 10 days after the first publication or posting of
2464     the notice under Subsection (4)(a) to each owner of property to be assessed within the proposed
2465     assessment area at the property owner's mailing address.
2466          (5) (a) The local entity may record the version of the notice that is published or posted
2467     in accordance with Subsection (4)(a) with the office of the county recorder, by legal description
2468     and tax identification number as identified in county records, against the property proposed to
2469     be assessed.
2470          (b) The notice recorded under Subsection (5)(a) expires and is no longer valid one year
2471     after the day on which the local entity records the notice if the local entity has failed to adopt
2472     the designation ordinance or resolution under Section 11-42-201 designating the assessment
2473     area for which the notice was recorded.
2474          (6) A local entity shall make available on the local entity's website, or, if no website is

2475     available, at the local entity's place of business, the address and type of use of each unassessed
2476     benefitted government property described in Subsection (1)(g).
2477          (7) If a governing body fails to provide actual or constructive notice under this section,
2478     the local entity may not assess a levy against a benefitted property omitted from the notice
2479     unless:
2480          (a) the property owner gives written consent;
2481          (b) the property owner received notice under Subsection 11-42-401(2)(a)(iii) and did
2482     not object to the levy of the assessment before the final hearing of the board of equalization; or
2483          (c) the benefitted property is conveyed to a subsequent purchaser and, before the date
2484     of conveyance, the requirements of Subsections 11-42-206(3)(a)(i) and (ii), or, if applicable,
2485     Subsection 11-42-207(1)(d)(i) are met.
2486          Section 41. Section 11-42-301 is amended to read:
2487          11-42-301. Improvements made only under contract let to lowest responsive,
2488     responsible bidder -- Publishing notice -- Sealed bids -- Procedure -- Exceptions to
2489     contract requirement.
2490          (1) Except as otherwise provided in this section, a local entity may make improvements
2491     in an assessment area only under contract let to the lowest responsive, responsible bidder for
2492     the kind of service, material, or form of construction that the local entity's governing body
2493     determines in compliance with any applicable local entity ordinances.
2494          (2) A local entity may:
2495          (a) divide improvements into parts;
2496          (b) (i) let separate contracts for each part; or
2497          (ii) combine multiple parts into the same contract; and
2498          (c) let a contract on a unit basis.
2499          (3) (a) A local entity may not let a contract until after [publishing] posting notice as
2500     provided in Subsection (3)(b)[: (i) at least one time in a newspaper of general circulation within
2501     the boundaries of the local entity at least 15 days before the date specified for receipt of bids;
2502     and (ii) in accordance with Section 45-1-101] on the Utah Public Notice Website created in
2503     Section 63F-1-701, at least 15 days before the date specified for receipt of bids.
2504          (b) Each notice under Subsection (3)(a) shall notify contractors that the local entity will
2505     receive sealed bids at a specified time and place for the construction of the improvements.

2506          (c) Notwithstanding a local entity's failure, through inadvertence or oversight, to
2507     publish the notice or to publish the notice within 15 days before the date specified for receipt of
2508     bids, the governing body may proceed to let a contract for the improvements if the local entity
2509     receives at least three sealed and bona fide bids from contractors by the time specified for the
2510     receipt of bids.
2511          (d) A local entity may publish a notice required under this Subsection (3) at the same
2512     time as a notice under Section 11-42-202.
2513          (4) (a) A local entity may accept as a sealed bid a bid that is:
2514          (i) manually sealed and submitted; or
2515          (ii) electronically sealed and submitted.
2516          (b) The governing body or project engineer shall, at the time specified in the notice
2517     under Subsection (3), open and examine the bids.
2518          (c) In open session, the governing body:
2519          (i) shall declare the bids; and
2520          (ii) may reject any or all bids if the governing body considers the rejection to be for the
2521     public good.
2522          (d) The local entity may award the contract to the lowest responsive, responsible bidder
2523     even if the price bid by that bidder exceeds the estimated costs as determined by the project
2524     engineer.
2525          (e) A local entity may in any case:
2526          (i) refuse to award a contract;
2527          (ii) obtain new bids after giving a new notice under Subsection (3);
2528          (iii) determine to abandon the assessment area; or
2529          (iv) not make some of the improvements proposed to be made.
2530          (5) A local entity is not required to let a contract as provided in this section for:
2531          (a) an improvement or part of an improvement the cost of which or the making of
2532     which is donated or contributed;
2533          (b) an improvement that consists of furnishing utility service or maintaining
2534     improvements;
2535          (c) labor, materials, or equipment supplied by the local entity;
2536          (d) the local entity's acquisition of completed or partially completed improvements in

2537     an assessment area;
2538          (e) design, engineering, and inspection costs incurred with respect to the construction
2539     of improvements in an assessment area; or
2540          (f) additional work performed in accordance with the terms of a contract duly let to the
2541     lowest responsive, responsible bidder.
2542          (6) A local entity may itself furnish utility service and maintain improvements within
2543     an assessment area.
2544          (7) (a) A local entity may acquire completed or partially completed improvements in an
2545     assessment area, but may not pay an amount for those improvements that exceeds their fair
2546     market value.
2547          (b) Upon the local entity's payment for completed or partially completed
2548     improvements, title to the improvements shall be conveyed to the local entity or another public
2549     agency.
2550          (8) The provisions of Title 11, Chapter 39, Building Improvements and Public Works
2551     Projects, and Section 72-6-108 do not apply to improvements to be constructed in an
2552     assessment area.
2553          Section 42. Section 11-42-402 is amended to read:
2554          11-42-402. Notice of assessment and board of equalization hearing.
2555          Each notice required under Subsection 11-42-401(2)(a)(iii) shall:
2556          (1) state:
2557          (a) that an assessment list is completed and available for examination at the offices of
2558     the local entity;
2559          (b) the total estimated or actual cost of the improvements;
2560          (c) the amount of the total estimated or actual cost of the proposed improvements to be
2561     paid by the local entity;
2562          (d) the amount of the assessment to be levied against benefitted property within the
2563     assessment area;
2564          (e) the assessment method used to calculate the proposed assessment;
2565          (f) the unit cost used to calculate the assessments shown on the assessment list, based
2566     on the assessment method used to calculate the proposed assessment; and
2567          (g) the dates, times, and place of the board of equalization hearings under Subsection

2568     11-42-401(2)(b)(i);
2569          (2) (a) beginning at least 20 but not more than 35 days before the day on which the first
2570     hearing of the board of equalization is held[: (i) be published at least once in a newspaper of
2571     general circulation within the local entity's jurisdictional boundaries; or (ii) if there is no
2572     newspaper of general circulation within the local entity's jurisdictional boundaries], be posted
2573     in at least three public places within the local entity's jurisdictional boundaries; and
2574          (b) be published on the Utah Public Notice Website created in Section 63F-1-701 for
2575     35 days immediately before the day on which the first hearing of the board of equalization is
2576     held; and
2577          (3) be mailed, postage prepaid, within 10 days after the first publication or posting of
2578     the notice under Subsection (2) to each owner of property to be assessed within the proposed
2579     assessment area at the property owner's mailing address.
2580          Section 43. Section 11-42-404 is amended to read:
2581          11-42-404. Adoption of a resolution or ordinance levying an assessment -- Notice
2582     of the adoption -- Effective date of resolution or ordinance -- Notice of assessment
2583     interest.
2584          (1) (a) After receiving a final report from a board of equalization under Subsection
2585     11-42-403(5) or, if applicable, after the time for filing an appeal under Subsection
2586     11-42-403(6) has passed, the governing body may adopt a resolution or ordinance levying an
2587     assessment against benefitted property within the assessment area designated in accordance
2588     with Part 2, Designating an Assessment Area.
2589          (b) Except as provided in Subsection (1)(c), a local entity may not levy more than one
2590     assessment under this chapter for an assessment area designated in accordance with Part 2,
2591     Designating an Assessment Area.
2592          (c) A local entity may levy more than one assessment in an assessment area designated
2593     in accordance with Part 2, Designating an Assessment Area, if:
2594          (i) the local entity has adopted a designation resolution or designation ordinance for
2595     each assessment in accordance with Section 11-42-201; and
2596          (ii) the assessment is levied to pay:
2597          (A) subject to Section 11-42-401, operation and maintenance costs;
2598          (B) subject to Section 11-42-406, the costs of economic promotion activities; or

2599          (C) the costs of environmental remediation activities.
2600          (d) An assessment resolution or ordinance adopted under Subsection (1)(a):
2601          (i) need not describe each tract, block, lot, part of block or lot, or parcel of property to
2602     be assessed;
2603          (ii) need not include the legal description or tax identification number of the parcels of
2604     property assessed in the assessment area; and
2605          (iii) is adequate for purposes of identifying the property to be assessed within the
2606     assessment area if the assessment resolution or ordinance incorporates by reference the
2607     corrected assessment list that describes the property assessed by legal description and tax
2608     identification number.
2609          (2) (a) A local entity that adopts an assessment resolution or ordinance shall give notice
2610     of the adoption by:
2611          [(i) (A) publishing a copy of the resolution or ordinance, or a summary of the
2612     resolution or ordinance, once in a newspaper of general circulation within the local entity's
2613     jurisdictional boundaries; or]
2614          [(B) if there is no newspaper of general circulation with the local entity's jurisdictional
2615     boundaries as described in Subsection (2)(a)(i),]
2616          (i) posting a copy of the resolution or ordinance in at least three public places within
2617     the local entity's jurisdictional boundaries for at least 21 days; and
2618          (ii) [publishing, in accordance with Section 45-1-101,] posting a copy of the resolution
2619     or ordinance on the Utah Public Notice Website created in Section 63F-1-701 for at least 21
2620     days.
2621          (b) No other publication or posting of the resolution or ordinance is required.
2622          (3) Notwithstanding any other statutory provision regarding the effective date of a
2623     resolution or ordinance, each assessment resolution or ordinance takes effect:
2624          (a) on the date of publication or posting of the notice under Subsection (2); or
2625          (b) at a later date provided in the resolution or ordinance.
2626          (4) (a) The governing body of each local entity that has adopted an assessment
2627     resolution or ordinance under Subsection (1) shall, within five days after the day on which the
2628     25-day prepayment period under Subsection 11-42-411(6) has passed, file a notice of
2629     assessment interest with the recorder of the county in which the assessed property is located.

2630          (b) Each notice of assessment interest under Subsection (4)(a) shall:
2631          (i) state that the local entity has an assessment interest in the assessed property;
2632          (ii) if the assessment is to pay operation and maintenance costs or for economic
2633     promotion activities, state the maximum number of years over which an assessment will be
2634     payable; and
2635          (iii) describe the property assessed by legal description and tax identification number.
2636          (c) A local entity's failure to file a notice of assessment interest under this Subsection
2637     (4) has no affect on the validity of an assessment levied under an assessment resolution or
2638     ordinance adopted under Subsection (1).
2639          Section 44. Section 11-42a-201 is amended to read:
2640          11-42a-201. Resolution or ordinance designating an energy assessment area,
2641     levying an assessment, and issuing an energy assessment bond.
2642          (1) (a) Except as otherwise provided in this chapter, and subject to the requirements of
2643     this part, at the request of a property owner on whose property or for whose benefit an
2644     improvement is being installed or being reimbursed, a governing body of a local entity may
2645     adopt an energy assessment resolution or an energy assessment ordinance that:
2646          (i) designates an energy assessment area;
2647          (ii) levies an assessment within the energy assessment area; and
2648          (iii) if applicable, authorizes the issuance of an energy assessment bond.
2649          (b) The governing body of a local entity may, by adopting a parameters resolution,
2650     delegate to an officer of the local entity, in accordance with the parameters resolution, the
2651     authority to:
2652          (i) execute an energy assessment resolution or ordinance that:
2653          (A) designates an energy assessment area;
2654          (B) levies an energy assessment lien; and
2655          (C) approves the final interest rate, price, principal amount, maturities, redemption
2656     features, and other terms of the energy assessment bonds; and
2657          (ii) approve and execute all documents related to the designation of the energy
2658     assessment area, the levying of the energy assessment lien, and the issuance of the energy
2659     assessment bonds.
2660          (c) The boundaries of a proposed energy assessment area may:

2661          (i) include property that is not intended to be assessed; and
2662          (ii) overlap, be coextensive with, or be substantially coterminous with the boundaries
2663     of any other energy assessment area or an assessment area created under Title 11, Chapter 42,
2664     Assessment Area Act.
2665          (d) The energy assessment resolution or ordinance described in Subsection (1)(a) is
2666     adequate for purposes of identifying the property to be assessed within the energy assessment
2667     area if the resolution or ordinance describes the property to be assessed by legal description and
2668     tax identification number.
2669          (2) (a) A local entity that adopts an energy assessment resolution or ordinance under
2670     Subsection (1)(a) or a parameters resolution under Subsection (1)(b) shall give notice of the
2671     adoption of the energy assessment resolution or ordinance or the parameters resolution by[: (i)
2672     publishing a copy or a summary of the resolution or ordinance once in a newspaper of general
2673     circulation where the energy assessment area is located; or (ii) if there is no newspaper of
2674     general circulation where the energy assessment area is located,] posting a copy of the
2675     resolution or ordinance:
2676          (i) in at least three public places within the local entity's jurisdictional boundaries for at
2677     least 21 days[.]; and
2678          (ii) on the Utah Public Notice Website created in Section 63F-1-701, for at least 21
2679     days.
2680          (b) Except as provided in Subsection (2)(a), a local entity is not required to make any
2681     other publication or posting of the resolution or ordinance.
2682          (3) Notwithstanding any other statutory provision regarding the effective date of a
2683     resolution or ordinance, each energy assessment resolution or ordinance takes effect on the
2684     later of:
2685          (a) the date on which the governing body of the local entity adopts the energy
2686     assessment resolution or ordinance;
2687          (b) the date of publication or posting of the notice of adoption of either the energy
2688     assessment resolution or ordinance or the parameters resolution described in Subsection (2); or
2689          (c) at a later date as provided in the resolution or ordinance.
2690          (4) (a) The governing body of each local entity that has adopted an energy assessment
2691     resolution or ordinance under Subsection (1) shall, within five days after the effective date of

2692     the resolution or ordinance, file a notice of assessment interest with the recorder of the county
2693     in which the property to be assessed is located.
2694          (b) Each notice of assessment interest under Subsection (4)(a) shall:
2695          (i) state that the local entity has an assessment interest in the property to be assessed;
2696     and
2697          (ii) describe the property to be assessed by legal description and tax identification
2698     number.
2699          (c) If a local entity fails to file a notice of assessment interest under this Subsection (4):
2700          (i) the failure does not invalidate the designation of an energy assessment area; and
2701          (ii) the local entity may not assess a levy against a subsequent purchaser of a benefitted
2702     property that lacked recorded notice unless:
2703          (A) the subsequent purchaser gives written consent;
2704          (B) the subsequent purchaser has actual notice of the assessment levy; or
2705          (C) the subsequent purchaser purchased the property after a corrected notice was filed
2706     under Subsection (4)(d).
2707          (d) The local entity may file a corrected notice if the entity fails to comply with the date
2708     or other requirements for filing a notice of assessment interest.
2709          (e) If a governing body has filed a corrected notice under Subsection (4)(d), the local
2710     entity may not retroactively collect or adjust the amount of the levy to recapture lost funds for a
2711     levy that the local entity was prohibited from collecting, if applicable, under Subsection (4)(c).
2712          Section 45. Section 17-27a-204 is amended to read:
2713          17-27a-204. Notice of public hearings and public meetings to consider general
2714     plan or modifications.
2715          (1) A county shall provide:
2716          (a) notice of the date, time, and place of the first public hearing to consider the original
2717     adoption or any modification of all or any portion of a general plan; and
2718          (b) notice of each public meeting on the subject.
2719          (2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
2720     days before the public hearing and shall be:
2721          [(a) (i) published in a newspaper of general circulation in the area; and]
2722          [(ii)] (a) published on the Utah Public Notice Website created in Section 63F-1-701;

2723          (b) mailed to each affected entity; and
2724          (c) posted:
2725          (i) in at least three public locations within the county; or
2726          (ii) on the county's official website.
2727          (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
2728     before the meeting and shall be:
2729          [(a) (i) submitted to a newspaper of general circulation in the area; and]
2730          [(ii)] (a) published on the Utah Public Notice Website created in Section 63F-1-701;
2731     and
2732          (b) posted:
2733          (i) in at least three public locations within the county; or
2734          (ii) on the county's official website.
2735          Section 46. Section 17-27a-205 is amended to read:
2736          17-27a-205. Notice of public hearings and public meetings on adoption or
2737     modification of land use regulation.
2738          (1) Each county shall give:
2739          (a) notice of the date, time, and place of the first public hearing to consider the
2740     adoption or modification of a land use regulation; and
2741          (b) notice of each public meeting on the subject.
2742          (2) Each notice of a public hearing under Subsection (1)(a) shall be:
2743          (a) mailed to each affected entity at least 10 calendar days before the public hearing;
2744          (b) posted:
2745          (i) in at least three public locations within the county; or
2746          (ii) on the county's official website; and
2747          [(c) (i) published:]
2748          [(A) in a newspaper of general circulation in the area at least 10 calendar days before
2749     the public hearing; and]
2750          [(B)] (c) (i) posted on the Utah Public Notice Website created in Section 63F-1-701, at
2751     least 10 calendar days before the public hearing; or
2752          (ii) mailed at least 10 days before the public hearing to:
2753          (A) each property owner whose land is directly affected by the land use ordinance

2754     change; and
2755          (B) each adjacent property owner within the parameters specified by county ordinance.
2756          (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
2757     before the hearing and shall be posted:
2758          (a) in at least three public locations within the county; or
2759          (b) on the county's official website.
2760          (4) (a) A county shall send a courtesy notice to each owner of private real property
2761     whose property is located entirely or partially within the proposed zoning map enactment or
2762     amendment at least 10 days before the scheduled day of the public hearing.
2763          (b) The notice shall:
2764          (i) identify with specificity each owner of record of real property that will be affected
2765     by the proposed zoning map or map amendments;
2766          (ii) state the current zone in which the real property is located;
2767          (iii) state the proposed new zone for the real property;
2768          (iv) provide information regarding or a reference to the proposed regulations,
2769     prohibitions, and permitted uses that the property will be subject to if the zoning map or map
2770     amendment is adopted;
2771          (v) state that the owner of real property may no later than 10 days after the day of the
2772     first public hearing file a written objection to the inclusion of the owner's property in the
2773     proposed zoning map or map amendment;
2774          (vi) state the address where the property owner should file the protest;
2775          (vii) notify the property owner that each written objection filed with the county will be
2776     provided to the county legislative body; and
2777          (viii) state the location, date, and time of the public hearing described in Section
2778     17-27a-502.
2779          (c) If a county mails notice to a property owner in accordance with Subsection (2)(c)(ii)
2780     for a public hearing on a zoning map or map amendment, the notice required in this Subsection
2781     (4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather than sent
2782     separately.
2783          Section 47. Section 17-27a-306 is amended to read:
2784          17-27a-306. Planning advisory areas.

2785          (1) (a) A planning advisory area may be established as provided in this Subsection (1).
2786          (b) A planning advisory area may not be established unless the area to be included
2787     within the proposed planning advisory area:
2788          (i) is unincorporated;
2789          (ii) is contiguous; and
2790          (iii) (A) contains:
2791          (I) at least 20% but not more than 80% of:
2792          (Aa) the total private land area in the unincorporated county; or
2793          (Bb) the total value of locally assessed taxable property in the unincorporated county;
2794     or
2795          (II) (Aa) in a county of the second or third class, at least 5% of the total population of
2796     the unincorporated county, but not less than 300 residents; or
2797          (Bb) in a county of the fourth, fifth, or sixth class, at least 25% of the total population
2798     of the unincorporated county; or
2799          (B) has been declared by the United States Census Bureau as a census designated
2800     place.
2801          (c) (i) The process to establish a planning advisory area is initiated by the filing of a
2802     petition with the clerk of the county in which the proposed planning advisory area is located.
2803          (ii) A petition to establish a planning advisory area may not be filed if it proposes the
2804     establishment of a planning advisory area that includes an area within a proposed planning
2805     advisory area in a petition that has previously been certified under Subsection (1)(g), until after
2806     the canvass of an election on the proposed planning advisory area under Subsection (1)(j).
2807          (d) A petition under Subsection (1)(c) to establish a planning advisory area shall:
2808          (i) be signed by the owners of private real property that:
2809          (A) is located within the proposed planning advisory area;
2810          (B) covers at least 10% of the total private land area within the proposed planning
2811     advisory area; and
2812          (C) is equal in value to at least 10% of the value of all private real property within the
2813     proposed planning advisory area;
2814          (ii) be accompanied by an accurate plat or map showing the boundary of the contiguous
2815     area proposed to be established as a planning advisory area;

2816          (iii) indicate the typed or printed name and current residence address of each owner
2817     signing the petition;
2818          (iv) designate up to five signers of the petition as petition sponsors, one of whom shall
2819     be designated as the contact sponsor, with the mailing address and telephone number of each
2820     petition sponsor;
2821          (v) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
2822     petition for purposes of the petition; and
2823          (vi) request the county legislative body to provide notice of the petition and of a public
2824     hearing, hold a public hearing, and conduct an election on the proposal to establish a planning
2825     advisory area.
2826          (e) Subsection 10-2a-102(3) applies to a petition to establish a planning advisory area
2827     to the same extent as if it were an incorporation petition under Title 10, Chapter 2a, Municipal
2828     Incorporation.
2829          (f) (i) Within seven days after the filing of a petition under Subsection (1)(c) proposing
2830     the establishment of a planning advisory area in a county of the second class, the county clerk
2831     shall provide notice of the filing of the petition to:
2832          (A) each owner of real property owning more than 1% of the assessed value of all real
2833     property within the proposed planning advisory area; and
2834          (B) each owner of real property owning more than 850 acres of real property within the
2835     proposed planning advisory area.
2836          (ii) A property owner may exclude all or part of the property owner's property from a
2837     proposed planning advisory area in a county of the second class:
2838          (A) if:
2839          (I) (Aa) (Ii) the property owner owns more than 1% of the assessed value of all
2840     property within the proposed planning advisory area;
2841          (IIii) the property is nonurban; and
2842          (IIIiii) the property does not or will not require municipal provision of municipal-type
2843     services; or
2844          (Bb) the property owner owns more than 850 acres of real property within the proposed
2845     planning advisory area; and
2846          (II) exclusion of the property will not leave within the planning advisory area an island

2847     of property that is not part of the planning advisory area; and
2848          (B) by filing a notice of exclusion within 10 days after receiving the clerk's notice
2849     under Subsection (1)(f)(i).
2850          (iii) (A) The county legislative body shall exclude from the proposed planning advisory
2851     area the property identified in a notice of exclusion timely filed under Subsection (1)(f)(ii)(B) if
2852     the property meets the applicable requirements of Subsection (1)(f)(ii)(A).
2853          (B) If the county legislative body excludes property from a proposed planning advisory
2854     area under Subsection (1)(f)(iii), the county legislative body shall, within five days after the
2855     exclusion, send written notice of its action to the contact sponsor.
2856          (g) (i) Within 45 days after the filing of a petition under Subsection (1)(c), the county
2857     clerk shall:
2858          (A) with the assistance of other county officers from whom the clerk requests
2859     assistance, determine whether the petition complies with the requirements of Subsection (1)(d);
2860     and
2861          (B) (I) if the clerk determines that the petition complies with the requirements of
2862     Subsection (1)(d):
2863          (Aa) certify the petition and deliver the certified petition to the county legislative body;
2864     and
2865          (Bb) mail or deliver written notification of the certification to the contact sponsor; or
2866          (II) if the clerk determines that the petition fails to comply with any of the requirements
2867     of Subsection (1)(d), reject the petition and notify the contact sponsor in writing of the
2868     rejection and the reasons for the rejection.
2869          (ii) If the county clerk rejects a petition under Subsection (1)(g)(i)(B)(II), the petition
2870     may be amended to correct the deficiencies for which it was rejected and then refiled with the
2871     county clerk.
2872          (h) (i) Within 90 days after a petition to establish a planning advisory area is certified,
2873     the county legislative body shall hold a public hearing on the proposal to establish a planning
2874     advisory area.
2875          (ii) A public hearing under Subsection (1)(h)(i) shall be:
2876          (A) within the boundary of the proposed planning advisory area; or
2877          (B) if holding a public hearing in that area is not practicable, as close to that area as

2878     practicable.
2879          (iii) At least one week before holding a public hearing under Subsection (1)(h)(i), the
2880     county legislative body shall publish notice of the petition and the time, date, and place of the
2881     public hearing[: (A) at least once in a newspaper of general circulation in the county; and (B)]
2882     on the Utah Public Notice Website created in Section 63F-1-701.
2883          (i) Following the public hearing under Subsection (1)(h)(i), the county legislative body
2884     shall arrange for the proposal to establish a planning advisory area to be submitted to voters
2885     residing within the proposed planning advisory area at the next regular general election that is
2886     more than 90 days after the public hearing.
2887          (j) A planning advisory area is established at the time of the canvass of the results of an
2888     election under Subsection (1)(i) if the canvass indicates that a majority of voters voting on the
2889     proposal to establish a planning advisory area voted in favor of the proposal.
2890          (k) An area that is an established township before May 12, 2015:
2891          (i) is, as of May 12, 2015, a planning advisory area; and
2892          (ii) (A) shall change its name, if applicable, to no longer include the word "township";
2893     and
2894          (B) may use the word "planning advisory area" in its name.
2895          (2) The county legislative body may:
2896          (a) assign to the countywide planning commission the duties established in this part
2897     that would have been assumed by a planning advisory area planning commission designated
2898     under Subsection (2)(b); or
2899          (b) designate and appoint a planning commission for the planning advisory area.
2900          (3) (a) An area within the boundary of a planning advisory area may be withdrawn
2901     from the planning advisory area as provided in this Subsection (3) or in accordance with
2902     Subsection (5)(a).
2903          (b) The process to withdraw an area from a planning advisory area is initiated by the
2904     filing of a petition with the clerk of the county in which the planning advisory area is located.
2905          (c) A petition under Subsection (3)(b) shall:
2906          (i) be signed by the owners of private real property that:
2907          (A) is located within the area proposed to be withdrawn from the planning advisory
2908     area;

2909          (B) covers at least 50% of the total private land area within the area proposed to be
2910     withdrawn from the planning advisory area; and
2911          (C) is equal in value to at least 33% of the value of all private real property within the
2912     area proposed to be withdrawn from the planning advisory area;
2913          (ii) state the reason or reasons for the proposed withdrawal;
2914          (iii) be accompanied by an accurate plat or map showing the boundary of the
2915     contiguous area proposed to be withdrawn from the planning advisory area;
2916          (iv) indicate the typed or printed name and current residence address of each owner
2917     signing the petition;
2918          (v) designate up to five signers of the petition as petition sponsors, one of whom shall
2919     be designated as the contact sponsor, with the mailing address and telephone number of each
2920     petition sponsor;
2921          (vi) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
2922     petition for purposes of the petition; and
2923          (vii) request the county legislative body to withdraw the area from the planning
2924     advisory area.
2925          (d) Subsection 10-2a-102(3) applies to a petition to withdraw an area from a planning
2926     advisory area to the same extent as if it were an incorporation petition under Title 10, Chapter
2927     2a, Municipal Incorporation.
2928          (e) (i) Within 45 days after the filing of a petition under Subsection (3)(b), the county
2929     clerk shall:
2930          (A) with the assistance of other county officers from whom the clerk requests
2931     assistance, determine whether the petition complies with the requirements of Subsection (3)(c);
2932     and
2933          (B) (I) if the clerk determines that the petition complies with the requirements of
2934     Subsection (3)(c):
2935          (Aa) certify the petition and deliver the certified petition to the county legislative body;
2936     and
2937          (Bb) mail or deliver written notification of the certification to the contact sponsor; or
2938          (II) if the clerk determines that the petition fails to comply with any of the requirements
2939     of Subsection (3)(c), reject the petition and notify the contact sponsor in writing of the rejection

2940     and the reasons for the rejection.
2941          (ii) If the county clerk rejects a petition under Subsection (3)(e)(i)(B)(II), the petition
2942     may be amended to correct the deficiencies for which it was rejected and then refiled with the
2943     county clerk.
2944          (f) (i) Within 60 days after a petition to withdraw an area from a planning advisory area
2945     is certified, the county legislative body shall hold a public hearing on the proposal to withdraw
2946     the area from the planning advisory area.
2947          (ii) A public hearing under Subsection (3)(f)(i) shall be held:
2948          (A) within the area proposed to be withdrawn from the planning advisory area; or
2949          (B) if holding a public hearing in that area is not practicable, as close to that area as
2950     practicable.
2951          (iii) Before holding a public hearing under Subsection (3)(f)(i), the county legislative
2952     body shall:
2953          (A) publish notice of the petition and the time, date, and place of the public hearing[:
2954     (I) at least once a week for three consecutive weeks in a newspaper of general circulation in the
2955     planning advisory area; and (II)] on the Utah Public Notice Website created in Section
2956     63F-1-701, for three consecutive weeks; and
2957          (B) mail a notice of the petition and the time, date, and place of the public hearing to
2958     each owner of private real property within the area proposed to be withdrawn.
2959          (g) (i) Within 45 days after the public hearing under Subsection (3)(f)(i), the county
2960     legislative body shall make a written decision on the proposal to withdraw the area from the
2961     planning advisory area.
2962          (ii) In making its decision as to whether to withdraw the area from the planning
2963     advisory area, the county legislative body shall consider:
2964          (A) whether the withdrawal would leave the remaining planning advisory area in a
2965     situation where the future incorporation of an area within the planning advisory area or the
2966     annexation of an area within the planning advisory area to an adjoining municipality would be
2967     economically or practically not feasible;
2968          (B) if the withdrawal is a precursor to the incorporation or annexation of the withdrawn
2969     area:
2970          (I) whether the proposed subsequent incorporation or withdrawal:

2971          (Aa) will leave or create an unincorporated island or peninsula; or
2972          (Bb) will leave the county with an area within its unincorporated area for which the
2973     cost, requirements, or other burdens of providing municipal services would materially increase
2974     over previous years; and
2975          (II) whether the municipality to be created or the municipality into which the
2976     withdrawn area is expected to annex would be or is capable, in a cost effective manner, of
2977     providing service to the withdrawn area that the county will no longer provide due to the
2978     incorporation or annexation;
2979          (C) the effects of a withdrawal on adjoining property owners, existing or projected
2980     county streets or other public improvements, law enforcement, and zoning and other municipal
2981     services provided by the county; and
2982          (D) whether justice and equity favor the withdrawal.
2983          (h) Upon the written decision of the county legislative body approving the withdrawal
2984     of an area from a planning advisory area, the area is withdrawn from the planning advisory area
2985     and the planning advisory area continues as a planning advisory area with a boundary that
2986     excludes the withdrawn area.
2987          (4) (a) A planning advisory area may be dissolved as provided in this Subsection (4).
2988          (b) The process to dissolve a planning advisory area is initiated by the filing of a
2989     petition with the clerk of the county in which the planning advisory area is located.
2990          (c) A petition under Subsection (4)(b) shall:
2991          (i) be signed by registered voters within the planning advisory area equal in number to
2992     at least 25% of all votes cast by voters within the planning advisory area at the last
2993     congressional election;
2994          (ii) state the reason or reasons for the proposed dissolution;
2995          (iii) indicate the typed or printed name and current residence address of each person
2996     signing the petition;
2997          (iv) designate up to five signers of the petition as petition sponsors, one of whom shall
2998     be designated as the contact sponsor, with the mailing address and telephone number of each
2999     petition sponsor;
3000          (v) authorize the petition sponsors to act on behalf of all persons signing the petition
3001     for purposes of the petition; and

3002          (vi) request the county legislative body to provide notice of the petition and of a public
3003     hearing, hold a public hearing, and conduct an election on the proposal to dissolve the planning
3004     advisory area.
3005          (d) (i) Within 45 days after the filing of a petition under Subsection (4)(b), the county
3006     clerk shall:
3007          (A) with the assistance of other county officers from whom the clerk requests
3008     assistance, determine whether the petition complies with the requirements of Subsection (4)(c);
3009     and
3010          (B) (I) if the clerk determines that the petition complies with the requirements of
3011     Subsection (4)(c):
3012          (Aa) certify the petition and deliver the certified petition to the county legislative body;
3013     and
3014          (Bb) mail or deliver written notification of the certification to the contact sponsor; or
3015          (II) if the clerk determines that the petition fails to comply with any of the requirements
3016     of Subsection (4)(c), reject the petition and notify the contact sponsor in writing of the rejection
3017     and the reasons for the rejection.
3018          (ii) If the county clerk rejects a petition under Subsection (4)(d)(i)(B)(II), the petition
3019     may be amended to correct the deficiencies for which it was rejected and then refiled with the
3020     county clerk.
3021          (e) (i) Within 60 days after a petition to dissolve the planning advisory area is certified,
3022     the county legislative body shall hold a public hearing on the proposal to dissolve the planning
3023     advisory area.
3024          (ii) A public hearing under Subsection (4)(e)(i) shall be held:
3025          (A) within the boundary of the planning advisory area; or
3026          (B) if holding a public hearing in that area is not practicable, as close to that area as
3027     practicable.
3028          (iii) Before holding a public hearing under Subsection (4)(e)(i), the county legislative
3029     body shall publish notice of the petition and the time, date, and place of the public hearing[:
3030     (A) at least once a week for three consecutive weeks in a newspaper of general circulation in
3031     the planning advisory area; and (B)] on the Utah Public Notice Website created in Section
3032     63F-1-701, for three consecutive weeks immediately before the public hearing.

3033          (f) Following the public hearing under Subsection (4)(e)(i), the county legislative body
3034     shall arrange for the proposal to dissolve the planning advisory area to be submitted to voters
3035     residing within the planning advisory area at the next regular general election that is more than
3036     90 days after the public hearing.
3037          (g) A planning advisory area is dissolved at the time of the canvass of the results of an
3038     election under Subsection (4)(f) if the canvass indicates that a majority of voters voting on the
3039     proposal to dissolve the planning advisory area voted in favor of the proposal.
3040          (5) (a) If a portion of an area located within a planning advisory area is annexed by a
3041     municipality or incorporates, that portion is withdrawn from the planning advisory area.
3042          (b) If a planning advisory area in whole is annexed by a municipality or incorporates,
3043     the planning advisory area is dissolved.
3044          Section 48. Section 17-27a-404 is amended to read:
3045          17-27a-404. Public hearing by planning commission on proposed general plan or
3046     amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
3047     by legislative body.
3048          (1) (a) After completing its recommendation for a proposed general plan, or proposal to
3049     amend the general plan, the planning commission shall schedule and hold a public hearing on
3050     the proposed plan or amendment.
3051          (b) The planning commission shall provide notice of the public hearing, as required by
3052     Section 17-27a-204.
3053          (c) After the public hearing, the planning commission may modify the proposed
3054     general plan or amendment.
3055          (2) The planning commission shall forward the proposed general plan or amendment to
3056     the legislative body.
3057          (3) (a) As provided by local ordinance and by Section 17-27a-204, the legislative body
3058     shall provide notice of its intent to consider the general plan proposal.
3059          (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
3060     body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
3061     regarding Subsection 17-27a-401(4). The hearing procedure shall comply with this Subsection
3062     (3)(b).
3063          (ii) The hearing format shall allow adequate time for public comment at the actual

3064     public hearing, and shall also allow for public comment in writing to be submitted to the
3065     legislative body for not fewer than 90 days after the date of the public hearing.
3066          (c) (i) The legislative body shall give notice of the hearing in accordance with this
3067     Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401(4) are
3068     complete.
3069          (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
3070     the state Legislature, executive director of the Department of Environmental Quality, the state
3071     planning coordinator, the Resource Development Coordinating Committee, and any other
3072     citizens or entities who specifically request notice in writing.
3073          (iii) Public notice shall be given by publication[: (A) in at least one major Utah
3074     newspaper having broad general circulation in the state; (B) in at least one Utah newspaper
3075     having a general circulation focused mainly on the county where the proposed high-level
3076     nuclear waste or greater than class C radioactive waste site is to be located; and (C)] on the
3077     Utah Public Notice Website created in Section 63F-1-701.
3078          (iv) The notice shall be published to allow reasonable time for interested parties and
3079     the state to evaluate the information regarding the provisions of Subsection 17-27a-401(4),
3080     including[: (A) in a newspaper described in Subsection (3)(c)(iii)(A), no less than 180 days
3081     before the date of the hearing to be held under this Subsection (3); and (B)] publication
3082     described in Subsection (3)(c)(iii)[(B) or (C)] for 180 days before the date of the hearing to be
3083     held under this Subsection (3).
3084          (4) (a) After the public hearing required under this section, the legislative body may
3085     adopt, reject, or make any revisions to the proposed general plan that it considers appropriate.
3086          (b) The legislative body shall respond in writing and in a substantive manner to all
3087     those providing comments as a result of the hearing required by Subsection (3).
3088          (c) If the county legislative body rejects the proposed general plan or amendment, it
3089     may provide suggestions to the planning commission for the planning commission's review and
3090     recommendation.
3091          (5) The legislative body shall adopt:
3092          (a) a land use element as provided in Subsection 17-27a-403(2)(a)(i);
3093          (b) a transportation and traffic circulation element as provided in Subsection
3094     17-27a-403(2)(a)(ii);

3095          (c) after considering the factors included in Subsection 17-27a-403(2)(b), a plan to
3096     provide a realistic opportunity to meet the need for additional moderate income housing; and
3097          (d) before August 1, 2017, a resource management plan as provided by Subsection
3098     17-27a-403(2)(a)(iv).
3099          Section 49. Section 17-41-302 is amended to read:
3100          17-41-302. Notice of proposal for creation of protection area -- Responses.
3101          (1) An applicable legislative body shall provide notice of the proposal by:
3102          [(a) (i) publishing notice in a newspaper having general circulation within:]
3103          [(A) the same county as the land proposed for inclusion within an agriculture
3104     protection area, industrial protection area, or critical infrastructure materials protection area, as
3105     the case may be, if the land is within the unincorporated part of the county; or]
3106          [(B) the same city or town as the land proposed for inclusion within an agriculture
3107     protection area, industrial protection area, or critical infrastructure materials protection area, as
3108     the case may be, if the land is within a city or town; and]
3109          [(ii) as required in Section 45-1-101;]
3110          (a) posting notice on the Utah Public Notice Website created in Section 63F-1-701;
3111          (b) posting notice at five public places, designated by the county or municipal
3112     legislative body, within or near the proposed agriculture protection area, industrial protection
3113     area, or critical infrastructure materials protection area; and
3114          (c) mailing written notice to each owner of land within 1,000 feet of the land proposed
3115     for inclusion within an agriculture protection area, industrial protection area, or critical
3116     infrastructure materials protection area.
3117          (2) The notice shall contain:
3118          (a) a statement that a proposal for the creation of an agriculture protection area,
3119     industrial protection area, or critical infrastructure materials protection area has been filed with
3120     the applicable legislative body;
3121          (b) a statement that the proposal will be open to public inspection in the office of the
3122     applicable legislative body;
3123          (c) a statement that any person affected by the establishment of the area may, within 15
3124     days of the date of the notice, file with the applicable legislative body:
3125          (i) written objections to the proposal; or

3126          (ii) a written request to modify the proposal to exclude land from or add land to the
3127     proposed protection area;
3128          (d) a statement that the applicable legislative body will submit the proposal to the
3129     advisory committee and to the planning commission for review and recommendations;
3130          (e) a statement that the applicable legislative body will hold a public hearing to discuss
3131     and hear public comment on:
3132          (i) the proposal to create the agriculture protection area, industrial protection area, or
3133     critical infrastructure materials protection area;
3134          (ii) the recommendations of the advisory committee and planning commission; and
3135          (iii) any requests for modification of the proposal and any objections to the proposal;
3136     and
3137          (f) a statement indicating the date, time, and place of the public hearing.
3138          (3) (a) A person wishing to modify the proposal for the creation of the agriculture
3139     protection area, industrial protection area, or critical infrastructure materials protection area
3140     shall, within 15 days after the date of the notice, file a written request for modification of the
3141     proposal, which identifies specifically the land that should be added to or removed from the
3142     proposal.
3143          (b) A person wishing to object to the proposal for the creation of the agriculture
3144     protection area, industrial protection area, or critical infrastructure materials protection area
3145     shall, within 15 days after the date of the notice, file a written objection to the creation of the
3146     relevant protection area.
3147          Section 50. Section 17-41-304 is amended to read:
3148          17-41-304. Public hearing -- Review and action on proposal.
3149          (1) After receipt of the written reports from the advisory committee and planning
3150     commission, or after the 45 days have expired, whichever is earlier, the county or municipal
3151     legislative body shall:
3152          (a) schedule a public hearing;
3153          (b) provide notice of the public hearing by:
3154          [(i) publishing notice:]
3155          [(A) in a newspaper having general circulation within:]
3156          [(I) the same county as the land proposed for inclusion within the agriculture protection

3157     area, industrial protection area, or critical infrastructure materials protection area, if the land is
3158     within the unincorporated part of the county; or]
3159          [(II) the same city or town as the land proposed for inclusion within an agriculture
3160     protection area, industrial protection area, or critical infrastructure materials protection area, if
3161     the land is within a city or town; and]
3162          [(B)] (i) posting notice on the Utah Public Notice Website created in Section
3163     63F-1-701;
3164          (ii) posting notice at five public places, designated by the applicable legislative body,
3165     within or near the proposed agriculture protection area, industrial protection area, or critical
3166     infrastructure materials protection area; and
3167          (iii) mailing written notice to each owner of land within 1,000 feet of the land proposed
3168     for inclusion within an agriculture protection area, industrial protection area, or critical
3169     infrastructure materials protection area; and
3170          (c) ensure that the notice includes:
3171          (i) the time, date, and place of the public hearing on the proposal;
3172          (ii) a description of the proposed agriculture protection area, industrial protection area,
3173     or critical infrastructure materials protection area;
3174          (iii) any proposed modifications to the proposed agriculture protection area, industrial
3175     protection area, or critical infrastructure materials protection area;
3176          (iv) a summary of the recommendations of the advisory committee and planning
3177     commission; and
3178          (v) a statement that interested persons may appear at the public hearing and speak in
3179     favor of or against the proposal, any proposed modifications to the proposal, or the
3180     recommendations of the advisory committee and planning commission.
3181          (2) The applicable legislative body shall:
3182          (a) convene the public hearing at the time, date, and place specified in the notice; and
3183          (b) take oral or written testimony from interested persons.
3184          (3) (a) Within 120 days of the submission of the proposal, the applicable legislative
3185     body shall approve, modify and approve, or reject the proposal.
3186          (b) The creation of an agriculture protection area, industrial protection area, or critical
3187     infrastructure materials protection area is effective at the earlier of:

3188          (i) the applicable legislative body's approval of a proposal or modified proposal; or
3189          (ii) 120 days after submission of a proposal complying with Subsection 17-41-301(2) if
3190     the applicable legislative body has failed to approve or reject the proposal within that time.
3191          (c) Notwithstanding Subsection (3)(b), a critical infrastructure materials protection area
3192     is effective only if the applicable legislative body, at its discretion, approves a proposal or
3193     modified proposal.
3194          (4) (a) To give constructive notice of the existence of the agriculture protection area,
3195     industrial protection area, or critical infrastructure materials protection area to all persons who
3196     have, may acquire, or may seek to acquire an interest in land in or adjacent to the relevant
3197     protection area within 10 days of the creation of the relevant protection area, the applicable
3198     legislative body shall file an executed document containing a legal description of the relevant
3199     protection area with:
3200          (i) the county recorder of deeds; and
3201          (ii) the affected planning commission.
3202          (b) If the legal description of the property to be included in the relevant protection area
3203     is available through the county recorder's office, the applicable legislative body shall use that
3204     legal description in its executed document required in Subsection (4)(a).
3205          (5) Within 10 days of the recording of the agriculture protection area, the applicable
3206     legislative body shall:
3207          (a) send written notification to the commissioner of agriculture and food that the
3208     agriculture protection area has been created; and
3209          (b) include in the notification:
3210          (i) the number of landowners owning land within the agriculture protection area;
3211          (ii) the total acreage of the area;
3212          (iii) the date of approval of the area; and
3213          (iv) the date of recording.
3214          (6) The applicable legislative body's failure to record the notice required under
3215     Subsection (4) or to send the written notification under Subsection (5) does not invalidate the
3216     creation of an agriculture protection area.
3217          (7) The applicable legislative body may consider the cost of recording notice under
3218     Subsection (4) and the cost of sending notification under Subsection (5) in establishing a fee

3219     under Subsection 17-41-301(4)(b).
3220          Section 51. Section 17-41-405 is amended to read:
3221          17-41-405. Eminent domain restrictions.
3222          (1) A political subdivision having or exercising eminent domain powers may not
3223     condemn for any purpose any land within an agriculture protection area that is being used for
3224     agricultural production, land within an industrial protection area that is being put to an
3225     industrial use, or land within a critical infrastructure materials protection area, unless the
3226     political subdivision obtains approval, according to the procedures and requirements of this
3227     section, from the applicable legislative body and the advisory board.
3228          (2) Any condemnor wishing to condemn property within an agriculture protection area,
3229     industrial protection area, or critical infrastructure materials protection area shall file a notice
3230     of condemnation with the applicable legislative body and the relevant protection area's advisory
3231     board at least 30 days before filing an eminent domain complaint.
3232          (3) The applicable legislative body and the advisory board shall:
3233          (a) hold a joint public hearing on the proposed condemnation at a location within the
3234     county in which the relevant protection area is located;
3235          (b) [publish] post notice of the time, date, place, and purpose of the public hearing:
3236          [(i) in a newspaper of general circulation within the relevant protection area; and]
3237          [(ii)] (i) on the Utah Public Notice Website created in Section 63F-1-701; and
3238          [(c) post notice of the time, date, place, and purpose of the public hearing]
3239          (ii) in five conspicuous public places, designated by the applicable legislative body,
3240     within or near the relevant protection area.
3241          (4) (a) If the condemnation is for highway purposes or for the disposal of solid or
3242     liquid waste materials, the applicable legislative body and the advisory board may approve the
3243     condemnation only if there is no reasonable and prudent alternative to the use of the land
3244     within the agriculture protection area, industrial protection area, or critical infrastructure
3245     materials protection area for the project.
3246          (b) If the condemnation is for any other purpose, the applicable legislative body and the
3247     advisory board may approve the condemnation only if:
3248          (i) the proposed condemnation would not have an unreasonably adverse effect upon the
3249     preservation and enhancement of:

3250          (A) agriculture within the agriculture protection area;
3251          (B) the industrial use within the industrial protection area; or
3252          (C) critical infrastructure materials operations within the critical infrastructure
3253     materials protection area; or
3254          (ii) there is no reasonable and prudent alternative to the use of the land within the [the]
3255     relevant protection area for the project.
3256          (5) (a) Within 60 days after receipt of the notice of condemnation, the applicable
3257     legislative body and the advisory board shall approve or reject the proposed condemnation.
3258          (b) If the applicable legislative body and the advisory board fail to act within the 60
3259     days or such further time as the applicable legislative body establishes, the condemnation shall
3260     be considered rejected.
3261          (6) The applicable legislative body or the advisory board may request the county or
3262     municipal attorney to bring an action to enjoin any condemnor from violating any provisions of
3263     this section.
3264          Section 52. Section 17B-1-111 is amended to read:
3265          17B-1-111. Impact fee resolution -- Notice and hearing requirements.
3266          (1) (a) If a local district wishes to impose impact fees, the board of trustees of the local
3267     district shall:
3268          (i) prepare a proposed impact fee resolution that meets the requirements of Title 11,
3269     Chapter 36a, Impact Fees Act;
3270          (ii) make a copy of the impact fee resolution available to the public at least 14 days
3271     before the date of the public hearing and hold a public hearing on the proposed impact fee
3272     resolution; and
3273          (iii) provide reasonable notice of the public hearing at least 14 days before the date of
3274     the hearing.
3275          (b) After the public hearing, the board of trustees may:
3276          (i) adopt the impact fee resolution as proposed;
3277          (ii) amend the impact fee resolution and adopt or reject it as amended; or
3278          (iii) reject the resolution.
3279          (2) A local district meets the requirements of reasonable notice required by this section
3280     if it:

3281          (a) posts notice of the hearing or meeting in at least three public places within the
3282     jurisdiction [and publishes notice of the hearing or meeting in a newspaper of general
3283     circulation in the jurisdiction, if one is available]; or
3284          (b) gives actual notice of the hearing or meeting.
3285          (3) The local district's board of trustees may enact a resolution establishing stricter
3286     notice requirements than those required by this section.
3287          (4) (a) Proof that one of the two forms of notice required by this section was given is
3288     prima facie evidence that notice was properly given.
3289          (b) If notice given under authority of this section is not challenged within 30 days from
3290     the date of the meeting for which the notice was given, the notice is considered adequate and
3291     proper.
3292          Section 53. Section 17B-1-211 is amended to read:
3293          17B-1-211. Notice of public hearings -- Publication of resolution.
3294          (1) Before holding a public hearing or set of public hearings under Section 17B-1-210,
3295     the legislative body of each county or municipality with which a request is filed or that adopts a
3296     resolution under Subsection 17B-1-203(1)(d) and the board of trustees of each local district
3297     that adopts a resolution under Subsection 17B-1-203(1)(e) shall:
3298          [(a) (i) (A) except as provided in Subsections (1)(a)(i)(B) and (1)(a)(ii), publish notice
3299     in a newspaper or combination of newspapers of general circulation within the applicable area
3300     in accordance with Subsection (2); or]
3301          [(B) if there is no newspaper or combination of newspapers of general circulation
3302     within the applicable area, post notice]
3303          (a) (i) in accordance with Subsection (2), post at least one notice per 1,000 population
3304     of [that] the applicable area and at places within the area that are most likely to provide actual
3305     notice to residents of the area; and
3306          (ii) publish notice on the Utah Public Notice Website created in Section 63F-1-701, for
3307     two weeks before the hearing or the first of the set of hearings; or
3308          (b) mail a notice to each registered voter residing within and each owner of real
3309     property located within the proposed local district.
3310          [(2) Each published notice under Subsection (1)(a)(i)(A) shall:]
3311          [(a) be no less than 1/4 page in size, use type no smaller than 18 point, and be

3312     surrounded by a 1/4-inch border;]
3313          [(b) if possible, appear in a newspaper that is published at least one day per week;]
3314          [(c) if possible, appear in a newspaper of general interest and readership in the area and
3315     not of limited subject matter;]
3316          [(d) be placed in a portion of the newspaper other than where legal notices and
3317     classified advertisements appear; and]
3318          [(e) be published once each week for four consecutive weeks, with the final publication
3319     being no fewer than five and no more than 20 days before the hearing or the first of the set of
3320     hearings.]
3321          [(3)] (2) Each notice required under Subsection (1) shall:
3322          (a) if the hearing or set of hearings is concerning a resolution:
3323          (i) contain the entire text or an accurate summary of the resolution; and
3324          (ii) state the deadline for filing a protest against the creation of the proposed local
3325     district;
3326          (b) clearly identify each governing body involved in the hearing or set of hearings;
3327          (c) state the date, time, and place for the hearing or set of hearings and the purposes for
3328     the hearing or set of hearings; and
3329          (d) describe or include a map of the entire proposed local district.
3330          [(4)] (3) County or municipal legislative bodies may jointly provide the notice required
3331     under this section if all the requirements of this section are met as to each notice.
3332          Section 54. Section 17B-1-304 is amended to read:
3333          17B-1-304. Appointment procedures for appointed members.
3334          (1) The appointing authority may, by resolution, appoint persons to serve as members
3335     of a local district board by following the procedures established by this section.
3336          (2) (a) In any calendar year when appointment of a new local district board member is
3337     required, the appointing authority shall prepare a notice of vacancy that contains:
3338          (i) the positions that are vacant that shall be filled by appointment;
3339          (ii) the qualifications required to be appointed to those positions;
3340          (iii) the procedures for appointment that the governing body will follow in making
3341     those appointments; and
3342          (iv) the person to be contacted and any deadlines that a person shall meet who wishes

3343     to be considered for appointment to those positions.
3344          (b) The appointing authority shall:
3345          (i) post the notice of vacancy in four public places within the local district at least one
3346     month before the deadline for accepting nominees for appointment; and
3347          [(ii) publish the notice of vacancy:]
3348          [(A) in a daily newspaper of general circulation within the local district for five
3349     consecutive days before the deadline for accepting nominees for appointment; or]
3350          [(B) in a local weekly newspaper circulated within the local district in the week before
3351     the deadline for accepting nominees for appointment; and]
3352          [(iii)] (ii) [publish] post the notice of vacancy [in accordance with Section 45-1-101]
3353     on the Utah Public Notice Website, created in Section 63F-1-701, for five days before the
3354     deadline for accepting nominees for appointment.
3355          (c) The appointing authority may bill the local district for the cost of preparing,
3356     printing, and publishing the notice.
3357          (3) (a) Not sooner than two months after the appointing authority is notified of the
3358     vacancy, the appointing authority shall select a person to fill the vacancy from the applicants
3359     who meet the qualifications established by law.
3360          (b) The appointing authority shall:
3361          (i) comply with Title 52, Chapter 4, Open and Public Meetings Act, in making the
3362     appointment;
3363          (ii) allow any interested persons to be heard; and
3364          (iii) adopt a resolution appointing a person to the local district board.
3365          (c) If no candidate for appointment to fill the vacancy receives a majority vote of the
3366     appointing authority, the appointing authority shall select the appointee from the two top
3367     candidates by lot.
3368          (4) Persons appointed to serve as members of the local district board serve four-year
3369     terms, but may be removed for cause at any time after a hearing by two-thirds vote of the
3370     appointing body.
3371          (5) (a) At the end of each board member's term, the position is considered vacant, and,
3372     after following the appointment procedures established in this section, the appointing authority
3373     may either reappoint the incumbent board member or appoint a new member.

3374          (b) Notwithstanding Subsection (5)(a), a board member may continue to serve until a
3375     successor is elected or appointed and qualified in accordance with Subsection 17B-1-303(2)(b).
3376          (6) Notwithstanding any other provision of this section, if the appointing authority
3377     appoints one of its own members and that member meets all applicable statutory board member
3378     qualifications, the appointing authority need not comply with Subsection (2) or (3).
3379          Section 55. Section 17B-1-306 is amended to read:
3380          17B-1-306. Local district board -- Election procedures.
3381          (1) Except as provided in Subsection (12), each elected board member shall be selected
3382     as provided in this section.
3383          (2) (a) Each election of a local district board member shall be held:
3384          (i) at the same time as the municipal general election or the regular general election, as
3385     applicable; and
3386          (ii) at polling places designated by the local district board in consultation with the
3387     county clerk for each county in which the local district is located, which polling places shall
3388     coincide with municipal general election or regular general election polling places, as
3389     applicable, whenever feasible.
3390          (b) The local district board, in consultation with the county clerk, may consolidate two
3391     or more polling places to enable voters from more than one district to vote at one consolidated
3392     polling place.
3393          (c) (i) Subject to Subsections (5)(h) and (i), the number of polling places under
3394     Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
3395     polling place per division of the district, designated by the district board.
3396          (ii) Each polling place designated by an irrigation district board under Subsection
3397     (2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
3398     (2)(a)(ii).
3399          (3) The clerk of each local district with a board member position to be filled at the next
3400     municipal general election or regular general election, as applicable, shall provide notice of:
3401          (a) each elective position of the local district to be filled at the next municipal general
3402     election or regular general election, as applicable;
3403          (b) the constitutional and statutory qualifications for each position; and
3404          (c) the dates and times for filing a declaration of candidacy.

3405          (4) The clerk of the local district shall publish the notice described in Subsection (3):
3406          (a) by posting the notice on the Utah Public Notice Website created in Section
3407     63F-1-701, for 10 days before the first day for filing a declaration of candidacy; and
3408          (b) [(i)] by posting the notice in at least five public places within the local district at
3409     least 10 days before the first day for filing a declaration of candidacy; [or] and
3410          [(ii) publishing the notice:]
3411          [(A) in a newspaper of general circulation within the local district at least three but no
3412     more than 10 days before the first day for filing a declaration of candidacy;]
3413          [(B) in accordance with Section 45-1-101, for 10 days before the first day for filing a
3414     declaration of candidacy; and]
3415          (c) if the local district has a website, on the local district's website for 10 days before
3416     the first day for filing a declaration of candidacy.
3417          (5) (a) Except as provided in Subsection (5)(c), to become a candidate for an elective
3418     local district board position, an individual shall file a declaration of candidacy in person with
3419     an official designated by the local district, during office hours, within the candidate filing
3420     period for the applicable election year in which the election for the local district board is held.
3421          (b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the
3422     filing time shall be extended until the close of normal office hours on the following regular
3423     business day.
3424          (c) Subject to Subsection (5)(f), an individual may designate an agent to file a
3425     declaration of candidacy with the official designated by the local district if:
3426          (i) the individual is located outside of the state during the entire filing period;
3427          (ii) the designated agent appears in person before the official designated by the local
3428     district; and
3429          (iii) the individual communicates with the official designated by the local district using
3430     an electronic device that allows the individual and official to see and hear each other.
3431          (d) (i) Before the filing officer may accept any declaration of candidacy from an
3432     individual, the filing officer shall:
3433          (A) read to the individual the constitutional and statutory qualification requirements for
3434     the office that the individual is seeking; and
3435          (B) require the individual to state whether the individual meets those requirements.

3436          (ii) If the individual does not meet the qualification requirements for the office, the
3437     filing officer may not accept the individual's declaration of candidacy.
3438          (iii) If it appears that the individual meets the requirements of candidacy, the filing
3439     officer shall accept the individual's declaration of candidacy.
3440          (e) The declaration of candidacy shall be in substantially the following form:
3441          "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
3442     ____________, City of ________________, County of ________________, state of Utah, (Zip
3443     Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
3444     office of board of trustees member for _______________________ (state the name of the local
3445     district); that I am a candidate for that office to be voted upon at the next election; and that, if
3446     filing via a designated agent, I will be out of the state of Utah during the entire candidate filing
3447     period, and I hereby request that my name be printed upon the official ballot for that election.
3448          (Signed) _________________________________________
3449          Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
3450     of ____________, ____.
3451          (Signed) ________________________
3452          (Clerk or Notary Public)"
3453          (f) An agent designated under Subsection (5)(c) may not sign the form described in
3454     Subsection (5)(e).
3455          (g) Each individual wishing to become a valid write-in candidate for an elective local
3456     district board position is governed by Section 20A-9-601.
3457          (h) If at least one individual does not file a declaration of candidacy as required by this
3458     section, an individual shall be appointed to fill that board position in accordance with the
3459     appointment provisions of Section 20A-1-512.
3460          (i) If only one candidate files a declaration of candidacy and there is no write-in
3461     candidate who complies with Section 20A-9-601, the board, in accordance with Section
3462     20A-1-206, may:
3463          (i) consider the candidate to be elected to the position; and
3464          (ii) cancel the election.
3465          (6) (a) A primary election may be held if:
3466          (i) the election is authorized by the local district board; and

3467          (ii) the number of candidates for a particular local board position or office exceeds
3468     twice the number of persons needed to fill that position or office.
3469          (b) The primary election shall be conducted:
3470          (i) on the same date as the municipal primary election or the regular primary election,
3471     as applicable; and
3472          (ii) according to the procedures for primary elections provided under Title 20A,
3473     Election Code.
3474          (7) (a) Except as provided in Subsection (7)(c), within one business day after the
3475     deadline for filing a declaration of candidacy, the local district clerk shall certify the candidate
3476     names to the clerk of each county in which the local district is located.
3477          (b) (i) Except as provided in Subsection (7)(c) and in accordance with Section
3478     20A-6-305, the clerk of each county in which the local district is located and the local district
3479     clerk shall coordinate the placement of the name of each candidate for local district office in
3480     the nonpartisan section of the ballot with the appropriate election officer.
3481          (ii) If consolidation of the local district election ballot with the municipal general
3482     election ballot or the regular general election ballot, as applicable, is not feasible, the local
3483     district board of trustees, in consultation with the county clerk, shall provide for a separate
3484     local district election ballot to be administered by poll workers at polling locations designated
3485     under Subsection (2).
3486          (c) (i) Subsections (7)(a) and (b) do not apply to an election of a member of the board
3487     of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
3488          (ii) (A) Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district shall
3489     prescribe the form of the ballot for each board member election.
3490          (B) Each ballot for an election of an irrigation district board member shall be in a
3491     nonpartisan format.
3492          (C) The name of each candidate shall be placed on the ballot in the order specified
3493     under Section 20A-6-305.
3494          (8) (a) Each voter at an election for a board of trustees member of a local district shall:
3495          (i) be a registered voter within the district, except for an election of:
3496          (A) an irrigation district board of trustees member; or
3497          (B) a basic local district board of trustees member who is elected by property owners;

3498     and
3499          (ii) meet the requirements to vote established by the district.
3500          (b) Each voter may vote for as many candidates as there are offices to be filled.
3501          (c) The candidates who receive the highest number of votes are elected.
3502          (9) Except as otherwise provided by this section, the election of local district board
3503     members is governed by Title 20A, Election Code.
3504          (10) (a) Except as provided in Subsection 17B-1-303(8), a person elected to serve on a
3505     local district board shall serve a four-year term, beginning at noon on the January 1 after the
3506     person's election.
3507          (b) A person elected shall be sworn in as soon as practical after January 1.
3508          (11) (a) Except as provided in Subsection (11)(b), each local district shall reimburse
3509     the county or municipality holding an election under this section for the costs of the election
3510     attributable to that local district.
3511          (b) Each irrigation district shall bear its own costs of each election it holds under this
3512     section.
3513          (12) This section does not apply to an improvement district that provides electric or gas
3514     service.
3515          (13) Except as provided in Subsection 20A-3a-605(1)(b), the provisions of Title 20A,
3516     Chapter 3a, Part 6, Early Voting, do not apply to an election under this section.
3517          (14) (a) As used in this Subsection (14), "board" means:
3518          (i) a local district board; or
3519          (ii) the administrative control board of a special service district that has elected
3520     members on the board.
3521          (b) A board may hold elections for membership on the board at a regular general
3522     election instead of a municipal general election if the board submits an application to the
3523     lieutenant governor that:
3524          (i) requests permission to hold elections for membership on the board at a regular
3525     general election instead of a municipal general election; and
3526          (ii) indicates that holding elections at the time of the regular general election is
3527     beneficial, based on potential cost savings, a potential increase in voter turnout, or another
3528     material reason.

3529          (c) Upon receipt of an application described in Subsection (14)(b), the lieutenant
3530     governor may approve the application if the lieutenant governor concludes that holding the
3531     elections at the regular general election is beneficial based on the criteria described in
3532     Subsection (14)(b)(ii).
3533          (d) If the lieutenant governor approves a board's application described in this section:
3534          (i) all future elections for membership on the board shall be held at the time of the
3535     regular general election; and
3536          (ii) the board may not hold elections at the time of a municipal general election unless
3537     the board receives permission from the lieutenant governor to hold all future elections for
3538     membership on the board at a municipal general election instead of a regular general election,
3539     under the same procedure, and by applying the same criteria, described in this Subsection (14).
3540          Section 56. Section 17B-1-313 is amended to read:
3541          17B-1-313. Publication of notice of board resolution or action -- Contest period --
3542     No contest after contest period.
3543          (1) After the board of trustees of a local district adopts a resolution or takes other
3544     action on behalf of the district, the board may provide for the publication of a notice of the
3545     resolution or other action.
3546          (2) Each notice under Subsection (1) shall:
3547          (a) include, as the case may be:
3548          (i) the language of the resolution or a summary of the resolution; or
3549          (ii) a description of the action taken by the board;
3550          (b) state that:
3551          (i) any person in interest may file an action in district court to contest the regularity,
3552     formality, or legality of the resolution or action within 30 days after the date of publication; and
3553          (ii) if the resolution or action is not contested by filing an action in district court within
3554     the 30-day period, no one may contest the regularity, formality, or legality of the resolution or
3555     action after the expiration of the 30-day period; and
3556          [(c) be published:]
3557          [(i) in a newspaper that is published or has general circulation in the district; and]
3558          [(ii) as required in Section 45-1-101.]
3559          (c) be posted on the Utah Public Notice Website created in Section 63F-1-701.

3560          (3) For a period of 30 days after the date of the publication, any person in interest may
3561     contest the regularity, formality, or legality of the resolution or other action by filing an action
3562     in district court.
3563          (4) After the expiration of the 30-day period under Subsection (3), no one may contest
3564     the regularity, formality, or legality of the resolution or action for any cause.
3565          Section 57. Section 17B-1-417 is amended to read:
3566          17B-1-417. Boundary adjustment -- Notice and hearing -- Protest -- Resolution
3567     adjusting boundaries -- Filing of notice and plat with the lieutenant governor --
3568     Recording requirements -- Effective date.
3569          (1) As used in this section, "affected area" means the area located within the
3570     boundaries of one local district that will be removed from that local district and included within
3571     the boundaries of another local district because of a boundary adjustment under this section.
3572          (2) The boards of trustees of two or more local districts having a common boundary
3573     and providing the same service on the same wholesale or retail basis may adjust their common
3574     boundary as provided in this section.
3575          (3) (a) The board of trustees of each local district intending to adjust a boundary that is
3576     common with another local district shall:
3577          (i) adopt a resolution indicating the board's intent to adjust a common boundary;
3578          (ii) hold a public hearing on the proposed boundary adjustment no less than 60 days
3579     after the adoption of the resolution under Subsection (3)(a)(i); and
3580          [(iii) (A) publish notice:]
3581          [(I) (Aa) once a week for two successive weeks in a newspaper of general circulation
3582     within the local district; or]
3583          [(Bb) if there is no newspaper of general circulation within the local district, post
3584     notice]
3585          (iii) (A) post notice:
3586          (I) in at least four conspicuous places within the local district at least two weeks before
3587     the public hearing; and
3588          (II) on the Utah Public Notice Website created in Section 63F-1-701, for two weeks; or
3589          (B) mail a notice to each owner of property located within the affected area and to each
3590     registered voter residing within the affected area.

3591          (b) The notice required under Subsection (3)(a)(iii) shall:
3592          (i) state that the board of trustees of the local district has adopted a resolution
3593     indicating the board's intent to adjust a boundary that the local district has in common with
3594     another local district that provides the same service as the local district;
3595          (ii) describe the affected area;
3596          (iii) state the date, time, and location of the public hearing required under Subsection
3597     (3)(a)(ii);
3598          (iv) provide a local district telephone number where additional information about the
3599     proposed boundary adjustment may be obtained;
3600          (v) explain the financial and service impacts of the boundary adjustment on property
3601     owners or residents within the affected area; and
3602          (vi) state in conspicuous and plain terms that the board of trustees may approve the
3603     adjustment of the boundaries unless, at or before the public hearing under Subsection (3)(a)(ii),
3604     written protests to the adjustment are filed with the board by:
3605          (A) the owners of private real property that:
3606          (I) is located within the affected area;
3607          (II) covers at least 50% of the total private land area within the affected area; and
3608          (III) is equal in assessed value to at least 50% of the assessed value of all private real
3609     property within the affected area; or
3610          (B) registered voters residing within the affected area equal in number to at least 50%
3611     of the votes cast in the affected area for the office of governor at the last regular general
3612     election before the filing of the protests.
3613          [(c) The first publication of the notice required under Subsection (3)(a)(iii)(A) shall be
3614     within 14 days after the board's adoption of a resolution under Subsection (3)(a)(i).]
3615          [(d)] (c) The boards of trustees of the local districts whose boundaries are being
3616     adjusted may jointly:
3617          (i) [publish, post,] post or mail the notice required under Subsection (3)(a)(iii); and
3618          (ii) hold the public hearing required under Subsection (3)(a)(ii).
3619          (4) After the public hearing required under Subsection (3)(a)(ii), the board of trustees
3620     may adopt a resolution approving the adjustment of the common boundary unless, at or before
3621     the public hearing, written protests to the boundary adjustment have been filed with the board

3622     by:
3623          (a) the owners of private real property that:
3624          (i) is located within the affected area;
3625          (ii) covers at least 50% of the total private land area within the affected area; and
3626          (iii) is equal in assessed value to at least 50% of the assessed value of all private real
3627     property within the affected area; or
3628          (b) registered voters residing within the affected area equal in number to at least 50%
3629     of the votes cast in the affected area for the office of governor at the last regular general
3630     election before the filing of the protests.
3631          (5) A resolution adopted under Subsection (4) does not take effect until the board of
3632     each local district whose boundaries are being adjusted has adopted a resolution under
3633     Subsection (4).
3634          (6) The board of the local district whose boundaries are being adjusted to include the
3635     affected area shall:
3636          (a) within 30 days after the resolutions take effect under Subsection (5), file with the
3637     lieutenant governor:
3638          (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5,
3639     that meets the requirements of Subsection 67-1a-6.5(3); and
3640          (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
3641          (b) upon the lieutenant governor's issuance of a certificate of boundary adjustment
3642     under Section 67-1a-6.5:
3643          (i) if the affected area is located within the boundary of a single county, submit to the
3644     recorder of that county:
3645          (A) the original:
3646          (I) notice of an impending boundary action;
3647          (II) certificate of boundary adjustment; and
3648          (III) approved final local entity plat; and
3649          (B) a certified copy of each resolution adopted under Subsection (4); or
3650          (ii) if the affected area is located within the boundaries of more than a single county:
3651          (A) submit to the recorder of one of those counties:
3652          (I) the original of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III); and

3653          (II) a certified copy of each resolution adopted under Subsection (4); and
3654          (B) submit to the recorder of each other county:
3655          (I) a certified copy of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III);
3656     and
3657          (II) a certified copy of each resolution adopted under Subsection (4).
3658          (7) (a) Upon the lieutenant governor's issuance of a certificate of boundary adjustment
3659     under Section 67-1a-6.5, the affected area is annexed to the local district whose boundaries are
3660     being adjusted to include the affected area, and the affected area is withdrawn from the local
3661     district whose boundaries are being adjusted to exclude the affected area.
3662          (b) (i) The effective date of a boundary adjustment under this section for purposes of
3663     assessing property within the affected area is governed by Section 59-2-305.5.
3664          (ii) Until the documents listed in Subsection (6)(b) are recorded in the office of the
3665     recorder of the county in which the property is located, a local district in whose boundary an
3666     affected area is included because of a boundary adjustment under this section may not:
3667          (A) levy or collect a property tax on property within the affected area;
3668          (B) levy or collect an assessment on property within the affected area; or
3669          (C) charge or collect a fee for service provided to property within the affected area.
3670          (iii) Subsection (7)(b)(ii)(C):
3671          (A) may not be construed to limit a local district's ability before a boundary adjustment
3672     to charge and collect a fee for service provided to property that is outside the local district's
3673     boundary; and
3674          (B) does not apply until 60 days after the effective date, under Subsection (7)(a), of the
3675     local district's boundary adjustment, with respect to a fee that the local district was charging for
3676     service provided to property within the area affected by the boundary adjustment immediately
3677     before the boundary adjustment.
3678          Section 58. Section 17B-1-505.5 is amended to read:
3679          17B-1-505.5. Feasibility study for a municipality's withdrawal from a local
3680     district providing fire protection, paramedic, and emergency services or law enforcement
3681     service.
3682          (1) As used in this section:
3683          (a) "Feasibility consultant" means a person with expertise in:

3684          (i) the processes and economics of local government; and
3685          (ii) the economics of providing fire protection, paramedic, and emergency services or
3686     law enforcement service.
3687          (b) "Feasibility study" means a study to determine the functional and financial
3688     feasibility of a municipality's withdrawal from a first responder local district.
3689          (c) "First responder district" means a local district, other than a municipal services
3690     district, that provides:
3691          (i) fire protection, paramedic, and emergency services; or
3692          (ii) law enforcement service.
3693          (d) "Withdrawing municipality" means a municipality whose legislative body has
3694     adopted a resolution under Subsection 17B-1-505(3)(a) to initiate the process of the
3695     municipality's withdrawal from a first responder district.
3696          (2) This section applies and a feasibility study shall be conducted, as provided in this
3697     section, if:
3698          (a) the legislative body of a municipality has adopted a resolution under Subsection
3699     17B-1-505(3)(a) to initiate the process of the municipality's withdrawal from a first responder
3700     district;
3701          (b) the municipality and first responder district have not agreed in writing to the
3702     withdrawal; and
3703          (c) a feasibility study is a condition under Subsection 17B-1-505(6)(a) for an election
3704     to be held approving the withdrawal.
3705          (3) (a) As provided in this Subsection (3), the withdrawing municipality and first
3706     responder district shall choose and engage a feasibility consultant to conduct a feasibility study.
3707          (b) The withdrawing municipality and first responder district shall jointly choose and
3708     engage a feasibility consultant according to applicable municipal or local district procurement
3709     procedures.
3710          (c) (i) If the withdrawing municipality and first responder district cannot agree on and
3711     have not engaged a feasibility consultant under Subsection (3)(b) within 45 days after the
3712     legislative body of the withdrawing municipality submits written notice to the first responder
3713     district under Subsection 17B-1-505(3)(c), the withdrawing municipality and first responder
3714     district shall, as provided in this Subsection (3)(c), choose a feasibility consultant from a list of

3715     at least eight feasibility consultants provided by the Utah Association of Certified Public
3716     Accountants.
3717          (ii) A list of feasibility consultants under Subsection (3)(c)(i) may not include a
3718     feasibility consultant that has had a contract to provide services to the withdrawing
3719     municipality or first responder district at any time during the two-year period immediately
3720     preceding the date the list is provided under Subsection (3)(c)(i).
3721          (iii) (A) Beginning with the first responder district, the first responder district and
3722     withdrawing municipality shall alternately eliminate one feasibility consultant each from the
3723     list of feasibility consultants until one feasibility consultant remains.
3724          (B) Within five days after receiving the list of consultants from the Utah Association of
3725     Certified Public Accountants, the first responder district shall make the first elimination of a
3726     feasibility consultant from the list and notify the withdrawing municipality in writing of the
3727     elimination.
3728          (C) After the first elimination of a feasibility consultant from the list, the withdrawing
3729     municipality and first responder district shall each, within three days after receiving the written
3730     notification of the preceding elimination, notify the other in writing of the elimination of a
3731     feasibility consultant from the list.
3732          (d) If a withdrawing municipality and first responder district do not engage a feasibility
3733     consultant under Subsection (3)(b), the withdrawing municipality and first responder district
3734     shall engage the feasibility consultant that has not been eliminated from the list at the
3735     completion of the process described in Subsection (3)(c).
3736          (4) A feasibility consultant that conducts a feasibility study under this section shall be
3737     independent of and unaffiliated with the withdrawing municipality and first responder district.
3738          (5) In conducting a feasibility study under this section, the feasibility consultant shall
3739     consider:
3740          (a) population and population density within the withdrawing municipality;
3741          (b) current and five-year projections of demographics and economic base in the
3742     withdrawing municipality, including household size and income, commercial and industrial
3743     development, and public facilities;
3744          (c) projected growth in the withdrawing municipality during the next five years;
3745          (d) subject to Subsection (6)(a), the present and five-year projections of the cost,

3746     including overhead, of providing the same service in the withdrawing municipality as is
3747     provided by the first responder district, including:
3748          (i) the estimated cost if the first responder district continues to provide service; and
3749          (ii) the estimated cost if the withdrawing municipality provides service;
3750          (e) subject to Subsection (6)(a), the present and five-year projections of the cost,
3751     including overhead, of the first responder district providing service with:
3752          (i) the municipality included in the first responder district's service area; and
3753          (ii) the withdrawing municipality excluded from the first responder district's service
3754     area;
3755          (f) a projection of any new taxes per household that may be levied within the
3756     withdrawing municipality within five years after the withdrawal;
3757          (g) the fiscal impact that the withdrawing municipality's withdrawal has on other
3758     municipalities and unincorporated areas served by the first responder district, including any rate
3759     increase that may become necessary to maintain required coverage ratios for the first responder
3760     district's debt;
3761          (h) the physical and other assets that will be required by the withdrawing municipality
3762     to provide, without interruption or diminution of service, the same service that is being
3763     provided by the first responder district;
3764          (i) the physical and other assets that will no longer be required by the first responder
3765     district to continue to provide the current level of service to the remainder of the first responder
3766     district, excluding the withdrawing municipality, and could be transferred to the withdrawing
3767     municipality;
3768          (j) subject to Subsection (6)(b), a fair and equitable allocation of the first responder
3769     district's assets between the first responder district and the withdrawing municipality, effective
3770     upon the withdrawal of the withdrawing municipality from the first responder district;
3771          (k) a fair and equitable allocation of the debts, liabilities, and obligations of the first
3772     responder district and any local building authority of the first responder district, between the
3773     withdrawing municipality and the remaining first responder district, taking into consideration:
3774          (i) any requirement to maintain the excludability of interest from the income of the
3775     holder of the debt, liability, or obligation for federal income tax purposes; and
3776          (ii) any first responder district assets that have been purchased with the proceeds of

3777     bonds issued by the first responder district that the first responder district will retain and any of
3778     those assets that will be transferred to the withdrawing municipality;
3779          (l) the number and classification of first responder district employees who will no
3780     longer be required to serve the remaining portions of the first responder district after the
3781     withdrawing municipality withdraws from the first responder district, including the dollar
3782     amount of the wages, salaries, and benefits attributable to the employees and the estimated cost
3783     associated with termination of the employees if the withdrawing municipality does not employ
3784     the employees;
3785          (m) maintaining as a base, for a period of three years after withdrawal, the existing
3786     schedule of pay and benefits for first responder district employees who are transferred to the
3787     employment of the withdrawing municipality; and
3788          (n) any other factor that the feasibility consultant considers relevant to the question of
3789     the withdrawing municipality's withdrawal from the first responder district.
3790          (6) (a) For purposes of Subsections (5)(d) and (e):
3791          (i) the feasibility consultant shall assume a level and quality of service to be provided
3792     in the future to the withdrawing municipality that fairly and reasonably approximates the level
3793     and quality of service that the first responder district provides to the withdrawing municipality
3794     at the time of the feasibility study;
3795          (ii) in determining the present value cost of a service that the first responder district
3796     provides, the feasibility consultant shall consider:
3797          (A) the cost to the withdrawing municipality of providing the service for the first five
3798     years after the withdrawal; and
3799          (B) the first responder district's present and five-year projected cost of providing the
3800     same service within the withdrawing municipality; and
3801          (iii) the feasibility consultant shall consider inflation and anticipated growth in
3802     calculating the cost of providing service.
3803          (b) The feasibility consultant may not consider an allocation of first responder district
3804     assets or a transfer of first responder district employees to the extent that the allocation or
3805     transfer would impair the first responder district's ability to continue to provide the current
3806     level of service to the remainder of the first responder district without the withdrawing
3807     municipality, unless the first responder district consents to the allocation or transfer.

3808          (7) A feasibility consultant may retain an architect, engineer, or other professional, as
3809     the feasibility consultant considers prudent and as provided in the agreement with the
3810     withdrawing municipality and first responder district, to assist the feasibility consultant to
3811     conduct a feasibility study.
3812          (8) The withdrawing municipality and first responder district shall require the
3813     feasibility consultant to:
3814          (a) complete the feasibility study within a time established by the withdrawing
3815     municipality and first responder district;
3816          (b) prepare and submit a written report communicating the results of the feasibility
3817     study, including a one-page summary of the results; and
3818          (c) attend all public hearings relating to the feasibility study under Subsection (14).
3819          (9) A written report of the results of a feasibility study under this section shall:
3820          (a) contain a recommendation concerning whether a withdrawing municipality's
3821     withdrawal from a first responder district is functionally and financially feasible for both the
3822     first responder district and the withdrawing municipality; and
3823          (b) include any conditions the feasibility consultant determines need to be satisfied in
3824     order to make the withdrawal functionally and financially feasible, including:
3825          (i) first responder district assets and liabilities to be allocated to the withdrawing
3826     municipality; and
3827          (ii) (A) first responder district employees to become employees of the withdrawing
3828     municipality; and
3829          (B) sick leave, vacation, and other accrued benefits and obligations relating to the first
3830     responder district employees that the withdrawing municipality needs to assume.
3831          (10) The withdrawing municipality and first responder district shall equally share the
3832     feasibility consultant's fees and costs, as specified in the agreement between the withdrawing
3833     municipality and first responder district and the feasibility consultant.
3834          (11) (a) Upon completion of the feasibility study and preparation of a written report,
3835     the feasibility consultant shall deliver a copy of the report to the withdrawing municipality and
3836     first responder district.
3837          (b) (i) A withdrawing municipality or first responder district that disagrees with any
3838     aspect of a feasibility study report may, within 20 business days after receiving a copy of the

3839     report under Subsection (11)(a), submit to the feasibility consultant a written objection
3840     detailing the disagreement.
3841          (ii) (A) A withdrawing municipality that submits a written objection under Subsection
3842     (11)(b)(i) shall simultaneously deliver a copy of the objection to the first responder district.
3843          (B) A first responder district that submits a written objection under Subsection
3844     (11)(b)(i) shall simultaneously deliver a copy of the objection to the withdrawing municipality.
3845          (iii) A withdrawing municipality or first responder district may, within 10 business
3846     days after receiving an objection under Subsection (11)(b)(ii), submit to the feasibility
3847     consultant a written response to the objection.
3848          (iv) (A) A withdrawing municipality that submits a response under Subsection
3849     (11)(b)(iii) shall simultaneously deliver a copy of the response to the first responder district.
3850          (B) A first responder district that submits a response under Subsection (11)(b)(iii) shall
3851     simultaneously deliver a copy of the response to the withdrawing municipality.
3852          (v) If an objection is filed under Subsection (11)(b)(i), the feasibility consultant shall,
3853     within 20 business days after the expiration of the deadline under Subsection (11)(b)(iii) for
3854     submitting a response to an objection:
3855          (A) modify the feasibility study report or explain in writing why the feasibility
3856     consultant is not modifying the feasibility study report; and
3857          (B) deliver the modified feasibility study report or written explanation to the
3858     withdrawing municipality and first responder local district.
3859          (12) Within seven days after the expiration of the deadline under Subsection (11)(b)(i)
3860     for submitting an objection or, if an objection is submitted, within seven days after receiving a
3861     modified feasibility study report or written explanation under Subsection (11)(b)(v), but at least
3862     30 days before a public hearing under Subsection (14), the withdrawing municipality shall:
3863          (a) make a copy of the report available to the public at the primary office of the
3864     withdrawing municipality; and
3865          (b) if the withdrawing municipality has a website, post a copy of the report on the
3866     municipality's website.
3867          (13) A feasibility study report or, if a feasibility study report is modified under
3868     Subsection (11), a modified feasibility study report may not be challenged unless the basis of
3869     the challenge is that the report results from collusion or fraud.

3870          (14) (a) Following the expiration of the deadline under Subsection (11)(b)(i) for
3871     submitting an objection, or, if an objection is submitted under Subsection (11)(b)(i), following
3872     the withdrawing municipality's receipt of the modified feasibility study report or written
3873     explanation under Subsection (11)(b)(v), the legislative body of the withdrawing municipality
3874     shall, at the legislative body's next regular meeting, schedule at least one public hearing to be
3875     held:
3876          (i) within the following 60 days; and
3877          (ii) for the purpose of allowing:
3878          (A) the feasibility consultant to present the results of the feasibility study; and
3879          (B) the public to become informed about the feasibility study results, to ask the
3880     feasibility consultant questions about the feasibility study, and to express the public's views
3881     about the proposed withdrawal.
3882          (b) At a public hearing under Subsection (14)(a), the legislative body of the
3883     withdrawing municipality shall:
3884          (i) provide a copy of the feasibility study for public review; and
3885          (ii) allow the public to:
3886          (A) ask the feasibility consultant questions about the feasibility study; and
3887          (B) express the public's views about the withdrawing municipality's proposed
3888     withdrawal from the first responder district.
3889          (15) (a) The clerk or recorder of the withdrawing municipality shall publish notice of a
3890     hearing under Subsection (14)[: (i) at least once a week for three successive weeks in a
3891     newspaper of general circulation within the withdrawing municipality, with the last publication
3892     occurring no less than three days before the first public hearing held under Subsection (14); and
3893     (ii)] on the Utah Public Notice Website created in Section 63F-1-701, for three consecutive
3894     weeks immediately before the public hearing.
3895          (b) A notice under Subsection (15)(a) shall state:
3896          (i) the date, time, and location of the public hearing; and
3897          (ii) that a copy of the feasibility study report may be obtained, free of charge, at the
3898     office of the withdrawing municipality or on the withdrawing municipality's website.
3899          (16) Unless the withdrawing municipality and first responder district agree otherwise,
3900     conditions that a feasibility study report indicates are necessary to be met for a withdrawal to

3901     be functionally and financially feasible for the withdrawing municipality and first responder
3902     district are binding on the withdrawing municipality and first responder district if the
3903     withdrawal occurs.
3904          Section 59. Section 17B-1-609 is amended to read:
3905          17B-1-609. Hearing to consider adoption -- Notice.
3906          (1) At the meeting at which the tentative budget is adopted, the board of trustees shall:
3907          (a) establish the time and place of a public hearing to consider its adoption; and
3908          (b) except as provided in Subsection (6), order that notice of the hearing:
3909          [(i) (A) be published at least seven days before the hearing in at least one issue of a
3910     newspaper of general circulation in the county or counties in which the district is located; or
3911          (B) if no newspaper is circulated generally in the county or counties,]
3912          (i) be posted in three public places within the district; and
3913          (ii) be published at least seven days before the hearing on the Utah Public Notice
3914     Website created in Section 63F-1-701.
3915          (2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
3916     required in Subsection (1)(b):
3917          (a) may be combined with the notice required under Section 59-2-919; and
3918          (b) shall be published in accordance with the advertisement provisions of Section
3919     59-2-919.
3920          (3) If the budget hearing is to be held in conjunction with a fee increase hearing, the
3921     notice required in Subsection (1)(b):
3922          (a) may be combined with the notice required under Section 17B-1-643; and
3923          (b) shall be published or mailed in accordance with the notice provisions of Section
3924     17B-1-643.
3925          (4) Proof that notice was given in accordance with Subsection (1)(b), (2), (3), or (6) is
3926     prima facie evidence that notice was properly given.
3927          (5) If a notice required under Subsection (1)(b), (2), (3), or (6) is not challenged within
3928     30 days after the day on which the hearing is held, the notice is adequate and proper.
3929          (6) A board of trustees of a local district with an annual operating budget of less than
3930     $250,000 may satisfy the notice requirements in Subsection (1)(b) by:
3931          (a) mailing a written notice, postage prepaid, to each voter in the local district; and

3932          (b) posting the notice in three public places within the district.
3933          Section 60. Section 17B-1-643 is amended to read:
3934          17B-1-643. Imposing or increasing a fee for service provided by local district.
3935          (1) (a) Before imposing a new fee or increasing an existing fee for a service provided
3936     by a local district, each local district board of trustees shall first hold a public hearing at which:
3937          (i) the local district shall demonstrate its need to impose or increase the fee; and
3938          (ii) any interested person may speak for or against the proposal to impose a fee or to
3939     increase an existing fee.
3940          (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
3941     no earlier than 6 p.m.
3942          (c) A public hearing required under this Subsection (1) may be combined with a public
3943     hearing on a tentative budget required under Section 17B-1-610.
3944          (d) Except to the extent that this section imposes more stringent notice requirements,
3945     the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
3946     in holding the public hearing under Subsection (1)(a).
3947          (2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
3948     provided in Subsections (2)(b) and (c) or Subsection (2)(d).
3949          [(b) The notice required under Subsection (2)(a) shall be published:]
3950          (b) The local district board shall:
3951          (i) post the notice required under Subsection (2)(a) on the Utah Public Notice Website
3952     established in Section 63F-1-701; and
3953          [(ii) (A) in a newspaper or combination of newspapers of general circulation in the
3954     local district, if there is a newspaper or combination of newspapers of general circulation in the
3955     local district; or]
3956          [(B) if there is no newspaper or combination of newspapers of general circulation in
3957     the local district, the local district board shall]
3958          (ii) post at least one [notice] of the notices required under Subsection (2)(a) per 1,000
3959     population within the local district, at places within the local district that are most likely to
3960     provide actual notice to residents within the local district.
3961          [(c) (i) The notice described in Subsection (2)(b)(ii)(A):]
3962          [(A) shall be no less than 1/4 page in size and the type used shall be no smaller than 18

3963     point, and surrounded by a 1/4-inch border;]
3964          [(B) may not be placed in that portion of the newspaper where legal notices and
3965     classified advertisements appear;]
3966          [(C) whenever possible, shall appear in a newspaper that is published at least one day
3967     per week;]
3968          [(D) shall be in a newspaper or combination of newspapers of general interest and
3969     readership in the local district, and not of limited subject matter; and]
3970          [(E) shall be run once each week for the two weeks preceding the hearing.]
3971          [(ii)] (c) The notice described in Subsection (2)(b) shall state that the local district
3972     board intends to impose or increase a fee for a service provided by the local district and will
3973     hold a public hearing on a certain day, time, and place fixed in the notice, which shall be not
3974     less than seven days after the day the first notice is published, for the purpose of hearing
3975     comments regarding the proposed imposition or increase of a fee and to explain the reasons for
3976     the proposed imposition or increase.
3977          (d) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
3978     trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
3979     within the district who:
3980          (A) will be charged the fee for a district service, if the fee is being imposed for the first
3981     time; or
3982          (B) are being charged a fee, if the fee is proposed to be increased.
3983          (ii) Each notice under Subsection (2)(d)(i) shall comply with Subsection (2)(c)[(ii)].
3984          (iii) A notice under Subsection (2)(d)(i) may accompany a district bill for an existing
3985     fee.
3986          (e) If the hearing required under this section is combined with the public hearing
3987     required under Section 17B-1-610, the notice required under this Subsection (2):
3988          (i) may be combined with the notice required under Section 17B-1-609; and
3989          (ii) shall be [published,] posted[,] or mailed in accordance with the notice provisions of
3990     this section.
3991          (f) Proof that notice was given as provided in Subsection (2)(b) or (d) is prima facie
3992     evidence that notice was properly given.
3993          (g) If no challenge is made to the notice given of a hearing required by Subsection (1)

3994     within 30 days after the date of the hearing, the notice is considered adequate and proper.
3995          (3) After holding a public hearing under Subsection (1), a local district board may:
3996          (a) impose the new fee or increase the existing fee as proposed;
3997          (b) adjust the amount of the proposed new fee or the increase of the existing fee and
3998     then impose the new fee or increase the existing fee as adjusted; or
3999          (c) decline to impose the new fee or increase the existing fee.
4000          (4) This section applies to each new fee imposed and each increase of an existing fee
4001     that occurs on or after July 1, 1998.
4002          (5) (a) This section does not apply to an impact fee.
4003          (b) The imposition or increase of an impact fee is governed by Title 11, Chapter 36a,
4004     Impact Fees Act.
4005          Section 61. Section 17B-1-1204 is amended to read:
4006          17B-1-1204. Notice of the hearing on a validation petition -- Amended or
4007     supplemented validation petition.
4008          (1) Upon the entry of an order under Section 17B-1-1203 setting a hearing on a
4009     validation petition, the local district that filed the petition shall post notice:
4010          [(a) publish notice:]
4011          [(i) at least once a week for three consecutive weeks in a newspaper of general
4012     circulation in the county in which the principal office of the district is located; and]
4013          [(ii)] (a) on the Utah Public Notice Website created in Section 63F-1-701, for three
4014     weeks immediately before the hearing; and
4015          (b) [post notice in its] in the local district's principal office at least 21 days before the
4016     date set for the hearing.
4017          (2) Each notice under Subsection (1) shall:
4018          (a) state the date, time, and place of the hearing on the validation petition;
4019          (b) include a general description of the contents of the validation petition; and
4020          (c) if applicable, state the location where a complete copy of a contract that is the
4021     subject of the validation petition may be examined.
4022          (3) If a district amends or supplements a validation petition under Subsection
4023     17B-1-1202(3) after publishing and posting notice as required under Subsection (1), the district
4024     is not required to publish or post notice again unless required by the court.

4025          Section 62. Section 17B-1-1307 is amended to read:
4026          17B-1-1307. Notice of public hearing and of dissolution.
4027          (1) Before holding a public hearing required under Section 17B-1-1306, the
4028     administrative body shall:
4029          (a) post notice of the public hearing and of the proposed dissolution:
4030          [(a) (i) publish notice of the public hearing and of the proposed dissolution:]
4031          [(A) in a newspaper of general circulation within the local district proposed to be
4032     dissolved; and]
4033          [(B)] (i) on the Utah Public Notice Website created in Section 63F-1-701, for 30 days
4034     before the public hearing; and
4035          (ii) [post notice of the public hearing and of the proposed dissolution] in at least four
4036     conspicuous places within the local district proposed to be dissolved, no less than five and no
4037     more than 30 days before the public hearing; or
4038          (b) mail a notice to each owner of property located within the local district and to each
4039     registered voter residing within the local district.
4040          (2) Each notice required under Subsection (1) shall:
4041          (a) identify the local district proposed to be dissolved and the service it was created to
4042     provide; and
4043          (b) state the date, time, and location of the public hearing.
4044          Section 63. Section 17B-2a-705 is amended to read:
4045          17B-2a-705. Taxation -- Additional levy -- Election.
4046          (1) If a mosquito abatement district board of trustees determines that the funds required
4047     during the next ensuing fiscal year will exceed the maximum amount that the district is
4048     authorized to levy under Subsection 17B-1-103(2)(g), the board of trustees may call an election
4049     on a date specified in Section 20A-1-204 and submit to district voters the question of whether
4050     the district should be authorized to impose an additional tax to raise the necessary additional
4051     funds.
4052          (2) The board shall publish notice of the election:
4053          [(a) (i) in a newspaper of general circulation within the district at least once, no later
4054     than four weeks before the day of the election;]
4055          [(ii) if there is no newspaper of general circulation in the district, at least four weeks

4056     before the day of the election,]
4057          (a) (i) by posting one notice, and at least one additional notice per 2,000 population of
4058     the district, in places within the district that are most likely to give notice to the voters in the
4059     district; or
4060          [(iii)] (ii) at least four weeks before the day of the election, by mailing notice to each
4061     registered voter in the district;
4062          (b) by posting notice on the Utah Public Notice Website created in Section 63F-1-701,
4063     for four weeks before the day of the election; and
4064          [(c) in accordance with Section 45-1-101, for four weeks before the day of the election;
4065     and]
4066          [(d)] (c) if the district has a website, by posting notice on the district's website for four
4067     weeks before the day of the election.
4068          (3) No particular form of ballot is required, and no informalities in conducting the
4069     election may invalidate the election, if it is otherwise fairly conducted.
4070          (4) At the election each ballot shall contain the words, "Shall the district be authorized
4071     to impose an additional tax to raise the additional sum of $____?"
4072          (5) The board of trustees shall canvass the votes cast at the election, and, if a majority
4073     of the votes cast are in favor of the imposition of the tax, the district is authorized to impose an
4074     additional levy to raise the additional amount of money required.
4075          Section 64. Section 17B-2a-1007 is amended to read:
4076          17B-2a-1007. Contract assessments.
4077          (1) As used in this section:
4078          (a) "Assessed land" means:
4079          (i) for a contract assessment under a water contract with a private water user, the land
4080     owned by the private water user that receives the beneficial use of water under the water
4081     contract; or
4082          (ii) for a contract assessment under a water contract with a public water user, the land
4083     within the boundaries of the public water user that is within the boundaries of the water
4084     conservancy district and that receives the beneficial use of water under the water contract.
4085          (b) "Contract assessment" means an assessment levied as provided in this section by a
4086     water conservancy district on assessed land.

4087          (c) "Governing body" means:
4088          (i) for a county, city, or town, the legislative body of the county, city, or town;
4089          (ii) for a local district, the board of trustees of the local district;
4090          (iii) for a special service district:
4091          (A) the legislative body of the county, city, or town that established the special service
4092     district, if no administrative control board has been appointed under Section 17D-1-301; or
4093          (B) the administrative control board of the special service district, if an administrative
4094     control board has been appointed under Section 17D-1-301; and
4095          (iv) for any other political subdivision of the state, the person or body with authority to
4096     govern the affairs of the political subdivision.
4097          (d) "Petitioner" means a private petitioner or a public petitioner.
4098          (e) "Private petitioner" means an owner of land within a water conservancy district
4099     who submits a petition to a water conservancy district under Subsection (3) to enter into a
4100     water contract with the district.
4101          (f) "Private water user" means an owner of land within a water conservancy district
4102     who enters into a water contract with the district.
4103          (g) "Public petitioner" means a political subdivision of the state:
4104          (i) whose territory is partly or entirely within the boundaries of a water conservancy
4105     district; and
4106          (ii) that submits a petition to a water conservancy district under Subsection (3) to enter
4107     into a water contract with the district.
4108          (h) "Public water user" means a political subdivision of the state:
4109          (i) whose territory is partly or entirely within the boundaries of a water conservancy
4110     district; and
4111          (ii) that enters into a water contract with the district.
4112          (i) "Water contract" means a contract between a water conservancy district and a
4113     private water user or a public water user under which the water user purchases, leases, or
4114     otherwise acquires the beneficial use of water from the water conservancy district for the
4115     benefit of:
4116          (i) land owned by the private water user; or
4117          (ii) land within the public water user's boundaries that is also within the boundaries of

4118     the water conservancy district.
4119          (j) "Water user" means a private water user or a public water user.
4120          (2) A water conservancy district may levy a contract assessment as provided in this
4121     section.
4122          (3) (a) The governing body of a public petitioner may authorize its chief executive
4123     officer to submit a written petition on behalf of the public petitioner to a water conservancy
4124     district requesting to enter into a water contract.
4125          (b) A private petitioner may submit a written petition to a water conservancy district
4126     requesting to enter into a water contract.
4127          (c) Each petition under this Subsection (3) shall include:
4128          (i) the petitioner's name;
4129          (ii) the quantity of water the petitioner desires to purchase or otherwise acquire;
4130          (iii) a description of the land upon which the water will be used;
4131          (iv) the price to be paid for the water;
4132          (v) the amount of any service, turnout, connection, distribution system, or other charge
4133     to be paid;
4134          (vi) whether payment will be made in cash or annual installments;
4135          (vii) a provision requiring the contract assessment to become a lien on the land for
4136     which the water is petitioned and is to be allotted; and
4137          (viii) an agreement that the petitioner is bound by the provisions of this part and the
4138     rules and regulations of the water conservancy district board of trustees.
4139          (4) (a) If the board of a water conservancy district desires to consider a petition
4140     submitted by a petitioner under Subsection (3), the board shall:
4141          (i) [publish] post notice of the petition and of the hearing required under Subsection
4142     (4)(a)(ii) [at least once a week in two successive weeks in a newspaper of general circulation
4143     within the county in which the political subdivision or private petitioner's land, as the case may
4144     be, is located] on the Utah Public Notice Website, created in Section 63F-1-701, for at least
4145     two successive weeks immediately before the date of the hearing; and
4146          (ii) hold a public hearing on the petition.
4147          (b) Each notice under Subsection (4)(a)(i) shall:
4148          (i) state that a petition has been filed and that the district is considering levying a

4149     contract assessment; and
4150          (ii) give the date, time, and place of the hearing required under Subsection (4)(a)(ii).
4151          (c) (i) At each hearing required under Subsection (4)(a)(ii), the board of trustees of the
4152     water conservancy district shall:
4153          (A) allow any interested person to appear and explain why the petition should not be
4154     granted; and
4155          (B) consider each written objection to the granting of the petition that the board
4156     receives before or at the hearing.
4157          (ii) The board of trustees may adjourn and reconvene the hearing as the board
4158     considers appropriate.
4159          (d) (i) Any interested person may file with the board of the water conservancy district,
4160     at or before the hearing under Subsection (4)(a)(ii), a written objection to the district's granting
4161     a petition.
4162          (ii) Each person who fails to submit a written objection within the time provided under
4163     Subsection (4)(d)(i) is considered to have consented to the district's granting the petition and
4164     levying a contract assessment.
4165          (5) After holding a public hearing as required under Subsection (4)(a)(ii), the board of
4166     trustees of a water conservancy district may:
4167          (a) deny the petition; or
4168          (b) grant the petition, if the board considers granting the petition to be in the best
4169     interests of the district.
4170          (6) The board of a water conservancy district that grants a petition under this section
4171     may:
4172          (a) make an allotment of water for the benefit of assessed land;
4173          (b) authorize any necessary construction to provide for the use of water upon the terms
4174     and conditions stated in the water contract;
4175          (c) divide the district into units and fix a different rate for water purchased or otherwise
4176     acquired and for other charges within each unit, if the rates and charges are equitable, although
4177     not equal and uniform, for similar classes of services throughout the district; and
4178          (d) levy a contract assessment on assessed land.
4179          (7) (a) The board of trustees of each water conservancy district that levies a contract

4180     assessment under this section shall:
4181          (i) cause a certified copy of the resolution, ordinance, or order levying the assessment
4182     to be recorded in the office of the recorder of each county in which assessed land is located;
4183     and
4184          (ii) on or before July 1 of each year after levying the contract assessment, certify to the
4185     auditor of each county in which assessed land is located the amount of the contract assessment.
4186          (b) Upon the recording of the resolution, ordinance, or order, in accordance with
4187     Subsection (7)(a)(i):
4188          (i) the contract assessment associated with allotting water to the assessed land under
4189     the water contract becomes a political subdivision lien, as that term is defined in Section
4190     11-60-102, on the assessed land, in accordance with Title 11, Chapter 60, Political Subdivision
4191     Lien Authority, as of the effective date of the resolution, ordinance, or order; and
4192          (ii) (A) the board of trustees of the water conservancy district shall certify the amount
4193     of the assessment to the county treasurer; and
4194          (B) the county treasurer shall include the certified amount on the property tax notice
4195     required by Section 59-2-1317 for that year.
4196          (c) (i) Each county in which assessed land is located shall collect the contract
4197     assessment in the same manner as taxes levied by the county.
4198          (ii) If the amount of a contract assessment levied under this section is not paid in full in
4199     a given year:
4200          (A) by September 15, the governing body of the water conservancy district that levies
4201     the contract assessment shall certify any unpaid amount to the treasurer of the county in which
4202     the property is located; and
4203          (B) the county treasurer shall include the certified amount on the property tax notice
4204     required by Section 59-2-1317 for that year.
4205          (8) (a) The board of trustees of each water conservancy district that levies a contract
4206     assessment under this section shall:
4207          (i) hold a public hearing, before August 8 of each year in which a contract assessment
4208     is levied, to hear and consider objections filed under Subsection (8)(b); and
4209          [(ii) twice publish a notice, at least a week apart:]
4210          [(A) in a newspaper of general circulation in each county with assessed land included

4211     within the district boundaries or, if there is no newspaper of general circulation within the
4212     county, in a newspaper of general circulation in an adjoining county; and]
4213          (ii) post a notice:
4214          (A) on the Utah Public Notice Website, created in Section 63F-1-701, for at least the
4215     two consecutive weeks before the public hearing; and
4216          (B) that contains a general description of the assessed land, the amount of the contract
4217     assessment, and the time and place of the public hearing under Subsection (8)(a)(i).
4218          (b) An owner of assessed land within the water conservancy district who believes that
4219     the contract assessment on the owner's land is excessive, erroneous, or illegal may, before the
4220     hearing under Subsection (8)(a)(i), file with the board of trustees a verified, written objection to
4221     the assessment, stating the grounds for the objection.
4222          (c) (i) At each hearing under Subsection (8)(a)(i), the board of trustees shall hear and
4223     consider the evidence and arguments supporting each objection.
4224          (ii) After hearing and considering the evidence and arguments supporting an objection,
4225     the board of trustees:
4226          (A) shall enter a written order, stating its decision; and
4227          (B) may modify the assessment.
4228          (d) (i) An owner of assessed land may file a petition in district court seeking review of
4229     a board of trustees' order under Subsection (8)(c)(ii)(A).
4230          (ii) Each petition under Subsection (8)(d)(i) shall:
4231          (A) be filed within 30 days after the board enters its written order;
4232          (B) state specifically the part of the board's order for which review is sought; and
4233          (C) be accompanied by a bond with good and sufficient security in an amount not
4234     exceeding $200, as determined by the court clerk.
4235          (iii) If more than one owner of assessed land seeks review, the court may, upon a
4236     showing that the reviews may be consolidated without injury to anyone's interests, consolidate
4237     the reviews and hear them together.
4238          (iv) The court shall act as quickly as possible after a petition is filed.
4239          (v) A court may not disturb a board of trustees' order unless the court finds that the
4240     contract assessment on the petitioner's assessed land is manifestly disproportionate to
4241     assessments imposed upon other land in the district.

4242          (e) If no petition under Subsection (8)(d) is timely filed, the contract assessment is
4243     conclusively considered to have been made in proportion to the benefits conferred on the land
4244     in the district.
4245          (9) Each resolution, ordinance, or order under which a water conservancy district
4246     levied a Class B, Class C, or Class D assessment before April 30, 2007, under the law in effect
4247     at the time of the levy is validated, ratified, and confirmed, and a water conservancy district
4248     may continue to levy the assessment according to the terms of the resolution, ordinance, or
4249     order.
4250          (10) A contract assessment is not a levy of an ad valorem property tax and is not
4251     subject to the limits stated in Section 17B-2a-1006.
4252          Section 65. Section 17B-2a-1110 is amended to read:
4253          17B-2a-1110. Withdrawal from a municipal services district upon incorporation
4254     -- Feasibility study required for city or town withdrawal -- Public hearing -- Revenues
4255     transferred to municipal services district.
4256          (1) (a) A municipality may withdraw from a municipal services district in accordance
4257     with Section 17B-1-502 or 17B-1-505, as applicable, and the requirements of this section.
4258          (b) If a municipality engages a feasibility consultant to conduct a feasibility study
4259     under Subsection (2)(a), the 180 days described in Subsection 17B-1-502(3)(a)(iii)(B) is tolled
4260     from the day that the municipality engages the feasibility consultant to the day on which the
4261     municipality holds the final public hearing under Subsection (5).
4262          (2) (a) If a municipality decides to withdraw from a municipal services district, the
4263     municipal legislative body shall, before adopting a resolution under Section 17B-1-502 or
4264     17B-1-505, as applicable, engage a feasibility consultant to conduct a feasibility study.
4265          (b) The feasibility consultant shall be chosen:
4266          (i) by the municipal legislative body; and
4267          (ii) in accordance with applicable municipal procurement procedures.
4268          (3) The municipal legislative body shall require the feasibility consultant to:
4269          (a) complete the feasibility study and submit the written results to the municipal
4270     legislative body before the council adopts a resolution under Section 17B-1-502;
4271          (b) submit with the full written results of the feasibility study a summary of the results
4272     no longer than one page in length; and

4273          (c) attend the public hearings under Subsection (5).
4274          (4) (a) The feasibility study shall consider:
4275          (i) population and population density within the withdrawing municipality;
4276          (ii) current and five-year projections of demographics and economic base in the
4277     withdrawing municipality, including household size and income, commercial and industrial
4278     development, and public facilities;
4279          (iii) projected growth in the withdrawing municipality during the next five years;
4280          (iv) subject to Subsection (4)(b), the present and five-year projections of the cost,
4281     including overhead, of municipal services in the withdrawing municipality;
4282          (v) assuming the same tax categories and tax rates as currently imposed by the
4283     municipal services district and all other current service providers, the present and five-year
4284     projected revenue for the withdrawing municipality;
4285          (vi) a projection of any new taxes per household that may be levied within the
4286     withdrawing municipality within five years of the withdrawal; and
4287          (vii) the fiscal impact on other municipalities serviced by the municipal services
4288     district.
4289          (b) (i) For purposes of Subsection (4)(a)(iv), the feasibility consultant shall assume a
4290     level and quality of municipal services to be provided to the withdrawing municipality in the
4291     future that fairly and reasonably approximates the level and quality of municipal services being
4292     provided to the withdrawing municipality at the time of the feasibility study.
4293          (ii) In determining the present cost of a municipal service, the feasibility consultant
4294     shall consider:
4295          (A) the amount it would cost the withdrawing municipality to provide municipal
4296     services for the first five years after withdrawing; and
4297          (B) the municipal services district's present and five-year projected cost of providing
4298     municipal services.
4299          (iii) The costs calculated under Subsection (4)(a)(iv) shall take into account inflation
4300     and anticipated growth.
4301          (5) If the results of the feasibility study meet the requirements of Subsection (4), the
4302     municipal legislative body shall, at its next regular meeting after receipt of the results of the
4303     feasibility study, schedule at least one public hearing to be held:

4304          (a) within the following 60 days; and
4305          (b) for the purpose of allowing:
4306          (i) the feasibility consultant to present the results of the study; and
4307          (ii) the public to become informed about the feasibility study results, including the
4308     requirement that if the municipality withdraws from the municipal services district, the
4309     municipality must comply with Subsection (9), and to ask questions about those results of the
4310     feasibility consultant.
4311          (6) At a public hearing described in Subsection (5), the municipal legislative body
4312     shall:
4313          (a) provide a copy of the feasibility study for public review; and
4314          (b) allow the public to express its views about the proposed withdrawal from the
4315     municipal services district.
4316          (7) (a) [(i)] The municipal clerk or recorder shall publish notice of the public hearings
4317     required under Subsection (5):
4318          [(A) at least once a week for three successive weeks in a newspaper of general
4319     circulation within the municipality; and]
4320          [(B)] (i) by posting the notice on the Utah Public Notice Website created in Section
4321     63F-1-701, for three weeks[.]; and
4322          [(ii) The municipal clerk or recorder shall publish the last publication of notice
4323     required under Subsection (7)(a)(i)(A) at least three days before the first public hearing
4324     required under Subsection (5).]
4325          [(b) (i) If, under Subsection (7)(a)(i)(A), there is no newspaper of general circulation
4326     within the proposed municipality, the municipal clerk or recorder shall post]
4327          (ii) by posting at least one notice of the hearings per 1,000 population in conspicuous
4328     places within the municipality that are most likely to give notice of the hearings to the
4329     residents.
4330          [(ii)] (b) The municipal clerk or recorder shall post the notices under Subsection
4331     [(7)(b)(i)] (7)(a)(ii) at least seven days before the first hearing under Subsection (5).
4332          (c) The notice under [Subsections (7)(a) and (b)] Subsection (7)(a) shall include the
4333     feasibility study summary and shall indicate that a full copy of the study is available for
4334     inspection and copying at the office of the municipal clerk or recorder.

4335          (8) At a public meeting held after the public hearing required under Subsection (5), the
4336     municipal legislative body may adopt a resolution under Section 17B-1-502 or 17B-1-505, as
4337     applicable, if the municipality is in compliance with the other requirements of that section.
4338          (9) The municipality shall pay revenues in excess of 5% to the municipal services
4339     district for 10 years beginning on the next fiscal year immediately following the municipal
4340     legislative body adoption of a resolution or an ordinance to withdraw under Section 17B-1-502
4341     or 17B-1-505 if the results of the feasibility study show that the average annual amount of
4342     revenue under Subsection (4)(a)(v) exceed the average annual amount of cost under Subsection
4343     (4)(a)(iv) by more than 5%.
4344          Section 66. Section 17C-1-601.5 is amended to read:
4345          17C-1-601.5. Annual agency budget -- Fiscal year -- Public hearing required --
4346     Auditor forms -- Requirement to file form.
4347          (1) Each agency shall prepare an annual budget of the agency's revenues and
4348     expenditures for each fiscal year.
4349          (2) The board shall adopt each agency budget:
4350          (a) for an agency created by a municipality, before June 30; or
4351          (b) for an agency created by a county, before December 15.
4352          (3) The agency's fiscal year shall be the same as the fiscal year of the community that
4353     created the agency.
4354          (4) (a) Before adopting an annual budget, each board shall hold a public hearing on the
4355     annual budget.
4356          (b) Each agency shall provide notice of the public hearing on the annual budget by:
4357          [(i) (A) publishing at least one notice in a newspaper of general circulation within the
4358     agency boundaries, one week before the public hearing; or]
4359          [(B) if there is no newspaper of general circulation within the agency boundaries,]
4360          (i) posting a notice of the public hearing in at least three public places within the
4361     agency boundaries; and
4362          (ii) publishing notice on the Utah Public Notice Website created in Section 63F-1-701,
4363     at least one week before the public hearing.
4364          (c) Each agency shall make the annual budget available for public inspection at least
4365     three days before the date of the public hearing.

4366          (5) The state auditor shall prescribe the budget forms and the categories to be contained
4367     in each annual budget, including:
4368          (a) revenues and expenditures for the budget year;
4369          (b) legal fees; and
4370          (c) administrative costs, including rent, supplies, and other materials, and salaries of
4371     agency personnel.
4372          (6) (a) Within 90 days after adopting an annual budget, each board shall file a copy of
4373     the annual budget with the auditor of the county in which the agency is located, the State Tax
4374     Commission, the state auditor, the State Board of Education, and each taxing entity from which
4375     the agency receives project area funds.
4376          (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
4377     state as a taxing entity is met if the agency files a copy with the State Tax Commission and the
4378     state auditor.
4379          Section 67. Section 17C-1-701.5 is amended to read:
4380          17C-1-701.5. Agency dissolution -- Restrictions -- Notice -- Recording
4381     requirements -- Agency records -- Dissolution expenses.
4382          (1) (a) Subject to Subsection (1)(b), the community legislative body may, by ordinance,
4383     dissolve an agency.
4384          (b) A community legislative body may adopt an ordinance described in Subsection
4385     (1)(a) only if the agency has no outstanding bonded indebtedness, other unpaid loans,
4386     indebtedness, or advances, and no legally binding contractual obligations with a person other
4387     than the community.
4388          (2) (a) The community legislative body shall:
4389          (i) within 10 days after adopting an ordinance described in Subsection (1), file with the
4390     lieutenant governor a copy of a notice of an impending boundary action, as defined in Section
4391     67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
4392          (ii) upon the lieutenant governor's issuance of a certificate of dissolution under Section
4393     67-1a-6.5, submit to the recorder of the county in which the agency is located:
4394          (A) the original notice of an impending boundary action;
4395          (B) the original certificate of dissolution; and
4396          (C) a certified copy of the ordinance that dissolves the agency.

4397          (b) Upon the lieutenant governor's issuance of the certificate of dissolution under
4398     Section 67-1a-6.5, the agency is dissolved.
4399          (c) Within 10 days after receiving the certificate of dissolution from the lieutenant
4400     governor under Section 67-1a-6.5, the community legislative body shall send a copy of the
4401     certificate of dissolution and the ordinance adopted under Subsection (1) to the State Board of
4402     Education, and each taxing entity.
4403          (d) The community legislative body shall [publish] post a notice of dissolution [in a
4404     newspaper of general circulation in the county in which the dissolved agency is located] on the
4405     Utah Public Notice Website created in Section 63F-1-701.
4406          (3) The books, documents, records, papers, and seal of each dissolved agency shall be
4407     deposited for safekeeping and reference with the recorder of the community that dissolved the
4408     agency.
4409          (4) The agency shall pay all expenses of the dissolution.
4410          Section 68. Section 17C-1-806 is amended to read:
4411          17C-1-806. Requirements for notice provided by agency.
4412          (1) The notice required by Section 17C-1-805 shall be given by:
4413          [(a) (i) publishing one notice, excluding the map referred to in Subsection (3)(b), in a
4414     newspaper of general circulation within the county in which the project area or proposed
4415     project area is located, at least 14 days before the hearing;]
4416          [(ii) if there is no newspaper of general circulation,]
4417          (a) (i) posting notice at least 14 days before the day of the hearing in at least three
4418     conspicuous places within the county in which the project area or proposed project area is
4419     located; or
4420          [(iii)] (ii) posting notice, excluding the map described in Subsection (3)(b), at least 14
4421     days before the day on which the hearing is held on:
4422          (A) the Utah Public Notice Website described in Section 63F-1-701; and
4423          (B) the public website of a community located within the boundaries of the project
4424     area; and
4425          (b) at least 30 days before the hearing, mailing notice to:
4426          (i) each record owner of property located within the project area or proposed project
4427     area;

4428          (ii) the State Tax Commission;
4429          (iii) the assessor and auditor of the county in which the project area or proposed project
4430     area is located; and
4431          (iv) (A) if a project area is subject to a taxing entity committee, each member of the
4432     taxing entity committee and the State Board of Education; or
4433          (B) if a project area is not subject to a taxing entity committee, the legislative body or
4434     governing board of each taxing entity within the boundaries of the project area or proposed
4435     project area.
4436          (2) The mailing of the notice to record property owners required under Subsection
4437     (1)(b)(i) shall be conclusively considered to have been properly completed if:
4438          (a) the agency mails the notice to the property owners as shown in the records,
4439     including an electronic database, of the county recorder's office and at the addresses shown in
4440     those records; and
4441          (b) the county recorder's office records used by the agency in identifying owners to
4442     whom the notice is mailed and their addresses were obtained or accessed from the county
4443     recorder's office no earlier than 30 days before the mailing.
4444          (3) The agency shall include in each notice required under Section 17C-1-805:
4445          (a) (i) a boundary description of the project area or proposed project area; or
4446          (ii) (A) a mailing address or telephone number where a person may request that a copy
4447     of the boundary description be sent at no cost to the person by mail, email, or facsimile
4448     transmission; and
4449          (B) if the agency or community has an Internet website, an Internet address where a
4450     person may gain access to an electronic, printable copy of the boundary description and other
4451     related information;
4452          (b) a map of the boundaries of the project area or proposed project area;
4453          (c) an explanation of the purpose of the hearing; and
4454          (d) a statement of the date, time, and location of the hearing.
4455          (4) The agency shall include in each notice under Subsection (1)(b):
4456          (a) a statement that property tax revenue resulting from an increase in valuation of
4457     property within the project area or proposed project area will be paid to the agency for project
4458     area development rather than to the taxing entity to which the tax revenue would otherwise

4459     have been paid if:
4460          (i) (A) the taxing entity committee consents to the project area budget; or
4461          (B) one or more taxing entities agree to share property tax revenue under an interlocal
4462     agreement; and
4463          (ii) the project area plan provides for the agency to receive tax increment; and
4464          (b) an invitation to the recipient of the notice to submit to the agency comments
4465     concerning the subject matter of the hearing before the date of the hearing.
4466          (5) An agency may include in a notice under Subsection (1) any other information the
4467     agency considers necessary or advisable, including the public purpose achieved by the project
4468     area development and any future tax benefits expected to result from the project area
4469     development.
4470          Section 69. Section 17C-2-108 is amended to read:
4471          17C-2-108. Notice of urban renewal project area plan adoption -- Effective date
4472     of plan -- Contesting the formation of the plan.
4473          (1) (a) Upon the community legislative body's adoption of an urban renewal project
4474     area plan, or an amendment to a project area plan under Section 17C-2-110, the community
4475     legislative body shall provide notice as provided in Subsection (1)(b) by:
4476          [(i) (A) publishing or causing to be published a notice in a newspaper of general
4477     circulation within the agency's boundaries; or]
4478          [(B) if there is no newspaper of general circulation within the agency's boundaries,]
4479          (i) causing a notice to be posted in at least three public places within the agency's
4480     boundaries; and
4481          (ii) posting a notice on the Utah Public Notice Website described in Section
4482     63F-1-701.
4483          (b) Each notice under Subsection (1)(a) shall:
4484          (i) set forth the community legislative body's ordinance adopting the project area plan
4485     or a summary of the ordinance; and
4486          (ii) include a statement that the project area plan is available for general public
4487     inspection and the hours for inspection.
4488          (2) The project area plan shall become effective on the date of:
4489          (a) if notice was published under Subsection (1)(a), publication of the notice; or

4490          (b) if notice was posted under Subsection (1)(a), posting of the notice.
4491          (3) (a) For a period of 30 days after the effective date of the project area plan under
4492     Subsection (2), any person may contest the project area plan or the procedure used to adopt the
4493     project area plan if the plan or procedure fails to comply with applicable statutory
4494     requirements.
4495          (b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
4496     the project area plan or procedure used to adopt the project area plan for any cause.
4497          (4) Upon adoption of the project area plan by the community legislative body, the
4498     agency may carry out the project area plan.
4499          (5) Each agency shall make the project area plan available to the general public at the
4500     agency's office during normal business hours.
4501          Section 70. Section 17C-3-107 is amended to read:
4502          17C-3-107. Notice of economic development project area plan adoption --
4503     Effective date of plan -- Contesting the formation of the plan.
4504          (1) (a) Upon the community legislative body's adoption of an economic development
4505     project area plan, or an amendment to the project area plan under Section 17C-3-109 that
4506     requires notice, the legislative body shall provide notice as provided in Subsection (1)(b) by:
4507          [(i) publishing or causing to be published a notice:]
4508          [(A) in a newspaper of general circulation within the agency's boundaries; or]
4509          [(B) if there is no newspaper of general circulation within the agency's boundaries,]
4510           (i) causing a notice to be posted in at least three public places within the agency's
4511     boundaries; and
4512          (ii) posting a notice on the Utah Public Notice Website described in Section
4513     63F-1-701.
4514          (b) Each notice under Subsection (1)(a) shall:
4515          (i) set forth the community legislative body's ordinance adopting the project area plan
4516     or a summary of the ordinance; and
4517          (ii) include a statement that the project area plan is available for public inspection and
4518     the hours for inspection.
4519          (2) The project area plan shall become effective on the date of:
4520          (a) if notice was published under Subsection (1)(a), publication of the notice; or

4521          (b) if notice was posted under Subsection (1)(a), posting of the notice.
4522          (3) (a) For a period of 30 days after the effective date of the project area plan under
4523     Subsection (2), any person may contest the project area plan or the procedure used to adopt the
4524     project area plan if the plan or procedure fails to comply with applicable statutory
4525     requirements.
4526          (b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
4527     the project area plan or procedure used to adopt the project area plan for any cause.
4528          (4) Upon adoption of the economic development project area plan by the community
4529     legislative body, the agency may implement the project area plan.
4530          (5) Each agency shall make the economic development project area plan available to
4531     the general public at the agency's office during normal business hours.
4532          Section 71. Section 17C-4-106 is amended to read:
4533          17C-4-106. Notice of community development project area plan adoption --
4534     Effective date of plan -- Contesting the formation of the plan.
4535          (1) (a) Upon the community legislative body's adoption of a community development
4536     project area plan, the community legislative body shall provide notice as provided in
4537     Subsection (1)(b) by:
4538          [(i) (A) publishing or causing to be published a notice in a newspaper of general
4539     circulation within the agency's boundaries; or]
4540          [(B) if there is no newspaper of general circulation within the agency's boundaries,]
4541          (i) causing a notice to be posted in at least three public places within the agency's
4542     boundaries; and
4543          (ii) [publishing] posting a notice or causing a notice to be [published in accordance
4544     with Section 45-1-101] posted on the Utah Public Notice Website created in Section
4545     63F-1-701.
4546          (b) Each notice under Subsection (1)(a) shall:
4547          (i) set forth the community legislative body's ordinance adopting the community
4548     development project area plan or a summary of the ordinance; and
4549          (ii) include a statement that the project area plan is available for general public
4550     inspection and the hours for inspection.
4551          (2) The community development project area plan shall become effective on the date

4552     of[:] the posting of the notice under Subsection (1)(a).
4553          [(a) if notice was published under Subsection (1)(a), publication of the notice; or]
4554          [(b) if notice was posted under Subsection (1)(a), posting of the notice.]
4555          (3) (a) For a period of 30 days after the effective date of the community development
4556     project area plan under Subsection (2), any person may contest the project area plan or the
4557     procedure used to adopt the project area plan if the plan or procedure fails to comply with
4558     applicable statutory requirements.
4559          (b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
4560     the community development project area plan or procedure used to adopt the project area plan
4561     for any cause.
4562          (4) Upon adoption of the community development project area plan by the community
4563     legislative body, the agency may carry out the project area plan.
4564          (5) Each agency shall make the adopted project area plan available to the public at the
4565     agency's office during normal business hours.
4566          Section 72. Section 17C-4-202 is amended to read:
4567          17C-4-202. Resolution or interlocal agreement to provide project area funds for
4568     the community development project area plan -- Notice -- Effective date of resolution or
4569     interlocal agreement -- Time to contest resolution or interlocal agreement -- Availability
4570     of resolution or interlocal agreement.
4571          (1) The approval and adoption of each resolution or interlocal agreement under
4572     Subsection 17C-4-201(2) shall be in an open and public meeting.
4573          (2) (a) Upon the adoption of a resolution or interlocal agreement under Section
4574     17C-4-201, the agency shall provide notice as provided in Subsection (2)(b) by:
4575          [(i) (A) publishing or causing to be published a notice in a newspaper of general
4576     circulation within the agency's boundaries; or]
4577          [(B) if there is no newspaper of general circulation within the agency's boundaries,]
4578          (i) causing a notice to be posted in at least three public places within the agency's
4579     boundaries; and
4580          (ii) [publishing] posting or causing to be [published] posted a notice on the Utah Public
4581     Notice Website created in Section 63F-1-701.
4582          (b) Each notice under Subsection (2)(a) shall:

4583          (i) set forth a summary of the resolution or interlocal agreement; and
4584          (ii) include a statement that the resolution or interlocal agreement is available for
4585     public inspection and the hours of inspection.
4586          (3) The resolution or interlocal agreement shall become effective on the date of[:] the
4587     posting of the notice under Subsection (2)(a).
4588          [(a) if notice was published under Subsection (2)(a)(i)(A) or (2)(a)(ii), publication of
4589     the notice; or]
4590          [(b) if notice was posted under Subsection (2)(a)(i)(B), posting of the notice.]
4591          (4) (a) For a period of 30 days after the effective date of the resolution or interlocal
4592     agreement under Subsection (3), any person may contest the resolution or interlocal agreement
4593     or the procedure used to adopt the resolution or interlocal agreement if the resolution or
4594     interlocal agreement or procedure fails to comply with applicable statutory requirements.
4595          (b) After the 30-day period under Subsection (4)(a) expires, a person may not contest:
4596          (i) the resolution or interlocal agreement;
4597          (ii) a distribution of tax increment to the agency under the resolution or interlocal
4598     agreement; or
4599          (iii) the agency's use of project area funds under the resolution or interlocal agreement.
4600          (5) Each agency that is to receive project area funds under a resolution or interlocal
4601     agreement under Section 17C-4-201 and each taxing entity that approves a resolution or enters
4602     into an interlocal agreement under Section 17C-4-201 shall make the resolution or interlocal
4603     agreement, as the case may be, available at the taxing entity's offices to the public for
4604     inspection and copying during normal business hours.
4605          Section 73. Section 17C-5-110 is amended to read:
4606          17C-5-110. Notice of community reinvestment project area plan adoption --
4607     Effective date of plan -- Contesting the formation of the plan.
4608          (1) (a) Upon a community legislative body's adoption of a community reinvestment
4609     project area plan in accordance with Section 17C-5-109, or an amendment to a community
4610     reinvestment project area plan in accordance with Section 17C-5-112, the community
4611     legislative body shall provide notice of the adoption or amendment in accordance with
4612     Subsection (1)(b) by:
4613          [(i) (A) causing a notice to be published in a newspaper of general circulation within

4614     the community; or]
4615          [(B) if there is no newspaper of general circulation within the community,]
4616          (i) causing a notice to be posted in at least three public places within the community;
4617     and
4618          (ii) posting a notice on the Utah Public Notice Website described in Section
4619     63F-1-701.
4620          (b) A notice described in Subsection (1)(a) shall include:
4621          (i) a copy of the community legislative body's ordinance, or a summary of the
4622     ordinance, that adopts the community reinvestment project area plan; and
4623          (ii) a statement that the community reinvestment project area plan is available for
4624     public inspection and the hours for inspection.
4625          (2) A community reinvestment project area plan is effective on the day on which notice
4626     of adoption is published or posted in accordance with Subsection (1)(a).
4627          (3) A community reinvestment project area is considered created the day on which the
4628     community reinvestment project area plan becomes effective as described in Subsection (2).
4629          (4) (a) Within 30 days after the day on which a community reinvestment project area
4630     plan is effective, a person may contest the community reinvestment project area plan or the
4631     procedure used to adopt the community reinvestment project area plan if the community
4632     reinvestment project area plan or the procedure fails to comply with a provision of this title.
4633          (b) After the 30-day period described in Subsection (4)(a) expires, a person may not
4634     contest the community reinvestment project area plan or the procedure used to adopt the
4635     community reinvestment project area plan.
4636          (5) Upon adoption of a community reinvestment project area plan by the community
4637     legislative body, the agency may implement the community reinvestment project area plan.
4638          (6) The agency shall make the community reinvestment project area plan available to
4639     the public at the agency's office during normal business hours.
4640          Section 74. Section 17C-5-205 is amended to read:
4641          17C-5-205. Interlocal agreement to provide project area funds for the community
4642     reinvestment project area subject to interlocal agreement -- Notice -- Effective date of
4643     interlocal agreement -- Time to contest interlocal agreement -- Availability of interlocal
4644     agreement.

4645          (1) An agency shall:
4646          (a) approve and adopt an interlocal agreement described in Section 17C-5-204 at an
4647     open and public meeting; and
4648          (b) provide a notice of the meeting titled "Diversion of Property Tax for a Community
4649     Reinvestment Project Area."
4650          (2) (a) Upon the execution of an interlocal agreement described in Section 17C-5-204,
4651     the agency shall provide notice of the execution by:
4652          [(i) (A) publishing or causing to be published a notice in a newspaper of general
4653     circulation within the agency's boundaries; or]
4654          [(B) if there is no newspaper of general circulation within the agency's boundaries,]
4655          (i) causing the notice to be posted in at least three public places within the agency's
4656     boundaries; and
4657          (ii) [publishing] posting the notice or causing the notice to be [published] posted on the
4658     Utah Public Notice Website created in Section 63F-1-701.
4659          (b) A notice described in Subsection (2)(a) shall include:
4660          (i) a summary of the interlocal agreement; and
4661          (ii) a statement that the interlocal agreement:
4662          (A) is available for public inspection and the hours for inspection; and
4663          (B) authorizes the agency to receive all or a portion of a taxing entity's tax increment or
4664     sales and use tax revenue.
4665          (3) An interlocal agreement described in Section 17C-5-204 is effective the day on
4666     which the notice described in Subsection (2) is [published or] posted in accordance with
4667     Subsection (2)(a).
4668          (4) (a) Within 30 days after the day on which the interlocal agreement is effective, a
4669     person may contest the interlocal agreement or the procedure used to adopt the interlocal
4670     agreement if the interlocal agreement or procedure fails to comply with a provision of this title.
4671          (b) After the 30-day period described in Subsection (4)(a) expires, a person may not
4672     contest:
4673          (i) the interlocal agreement;
4674          (ii) a distribution of tax increment to the agency under the interlocal agreement; or
4675          (iii) the agency's use of project area funds under the interlocal agreement.

4676          (5) A taxing entity that enters into an interlocal agreement under Section 17C-5-204
4677     shall make a copy of the interlocal agreement available to the public at the taxing entity's office
4678     for inspection and copying during normal business hours.
4679          Section 75. Section 20A-1-206 is amended to read:
4680          20A-1-206. Cancellation of local election -- Municipalities -- Local districts --
4681     Notice.
4682          (1) A municipal legislative body may cancel a local election if:
4683          (a) (i) (A) all municipal officers are elected in an at-large election under Subsection
4684     10-3-205.5(1); and
4685          (B) the number of municipal officer candidates, including any eligible write-in
4686     candidates under Section 20A-9-601, for the at-large municipal offices does not exceed the
4687     number of open at-large municipal offices for which the candidates have filed; or
4688          (ii) (A) the municipality has adopted an ordinance under Subsection 10-3-205.5(2);
4689          (B) the number of municipal officer candidates, including any eligible write-in
4690     candidates under Section 20A-9-601, for the at-large municipal offices, if any, does not exceed
4691     the number of open at-large municipal offices for which the candidates have filed; and
4692          (C) each municipal officer candidate, including any eligible write-in candidates under
4693     Section 20A-9-601, in each district is unopposed;
4694          (b) there are no other municipal ballot propositions; and
4695          (c) the municipal legislative body passes, no later than 20 days before the day of the
4696     scheduled election, a resolution that cancels the election and certifies that:
4697          (i) each municipal officer candidate is:
4698          (A) unopposed; or
4699          (B) a candidate for an at-large municipal office for which the number of candidates
4700     does not exceed the number of open at-large municipal offices; and
4701          (ii) a candidate described in Subsection (1)(c)(i) is considered to be elected to office.
4702          (2) A municipal legislative body that cancels a local election in accordance with
4703     Subsection (1) shall give notice that the election is cancelled by:
4704          (a) subject to Subsection (5), posting notice on the Statewide Electronic Voter
4705     Information Website as described in Section 20A-7-801, for 15 consecutive days before the day
4706     of the scheduled election;

4707          (b) if the municipality has a public website, posting notice on the municipality's public
4708     website for 15 days before the day of the scheduled election;
4709          (c) if the municipality publishes a newsletter or other periodical, publishing notice in
4710     the next scheduled newsletter or other periodical published before the day of the scheduled
4711     election;
4712          [(d) (i) publishing notice at least twice in a newspaper of general circulation in the
4713     municipality before the day of the scheduled election;]
4714          [(ii) if there is no newspaper of general circulation in the municipality,]
4715          (d) (i) at least 10 days before the day of the scheduled election, [by] posting one notice,
4716     and at least one additional notice per 2,000 population within the municipality, in places within
4717     the municipality that are most likely to give notice to the voters in the municipality; or
4718          [(iii)] (ii) at least 10 days before the day of the scheduled election, mailing notice to
4719     each registered voter in the municipality; and
4720          (e) [in accordance with Section 45-1-101, publishing] posting notice on the Utah
4721     Public Notice Website, created in Section 63F-1-701, for at least 10 days before the day of the
4722     scheduled election.
4723          (3) A local district board may cancel an election as described in Section 17B-1-306 if:
4724          (a) (i) (A) any local district officers are elected in an at-large election; and
4725          (B) the number of local district officer candidates for the at-large local district offices,
4726     including any eligible write-in candidates under Section 20A-9-601, does not exceed the
4727     number of open at-large local district offices for which the candidates have filed; or
4728          (ii) (A) the local district has divided the local district into divisions under Section
4729     17B-1-306.5;
4730          (B) the number of local district officer candidates, including any eligible write-in
4731     candidates under Section 20A-9-601, for the at-large local district offices within the local
4732     district, if any, does not exceed the number of open at-large local district offices for which the
4733     candidates have filed; and
4734          (C) each local district officer candidate, including any eligible write-in candidates
4735     under Section 20A-9-601, in each division of the local district is unopposed;
4736          (b) there are no other local district ballot propositions; and
4737          (c) the local district governing body, no later than 20 days before the day of the

4738     scheduled election, adopts a resolution that cancels the election and certifies that:
4739          (i) each local district officer candidate is:
4740          (A) unopposed; or
4741          (B) a candidate for an at-large local district office for which the number of candidates
4742     does not exceed the number of open at-large local district offices; and
4743          (ii) a candidate described in Subsection (3)(c)(i) is considered to be elected to office.
4744          (4) A local district that cancels a local election in accordance with Subsection (3) shall
4745     publish notice that the election is cancelled:
4746          (a) subject to Subsection (5), by posting notice on the Statewide Electronic Voter
4747     Information Website as described in Section 20A-7-801, for 15 consecutive days before the day
4748     of the scheduled election;
4749          (b) if the local district has a public website, by posting notice on the local district's
4750     public website for 15 days before the day of the scheduled election;
4751          (c) if the local district publishes a newsletter or other periodical, by publishing notice
4752     in the next scheduled newsletter or other periodical published before the day of the scheduled
4753     election;
4754          [(d) (i) at least twice in a newspaper of general circulation in the local district before
4755     the scheduled election;]
4756          [(ii) if there is no newspaper of general circulation in the local district,]
4757          (d) at least 10 days before the day of the scheduled election[,]:
4758          (i) by posting one notice, and at least one additional notice per 2,000 population of the
4759     local district, in places within the local district that are most likely to give notice to the voters
4760     in the local district; or
4761          [(iii) at least 10 days before the day of the scheduled election,]
4762          (ii) by mailing notice to each registered voter in the local district; and
4763          (e) [in accordance with Section 45-1-101] by posting notice on the Utah Public Notice
4764     Website, created in Section 63F-1-701, for at least 10 days before the day of the scheduled
4765     election.
4766          (5) A municipal legislative body that posts a notice in accordance with Subsection
4767     (2)(a) or a local district that posts a notice in accordance with Subsection (4)(a) is not liable for
4768     a notice that fails to post due to technical or other error by the publisher of the Statewide

4769     Electronic Voter Information Website.
4770          Section 76. Section 20A-3a-604 is amended to read:
4771          20A-3a-604. Notice of time and place of early voting.
4772          (1) Except as provided in Section 20A-1-308 or Subsection 20A-3a-603(2), the
4773     election officer shall, at least 19 days before the date of the election, publish notice of the dates,
4774     times, and locations of early voting:
4775          [(a) (i) in one issue of a newspaper of general circulation in the county;]
4776          [(ii) if there is no newspaper of general circulation in the county, in addition to posting
4777     the notice described in Subsection (1)(b),]
4778          (a) (i) by posting one notice, and at least one additional notice per 2,000 population of
4779     the county, in places within the county that are most likely to give notice to the residents in the
4780     county; or
4781          [(iii)] (ii) by mailing notice to each registered voter in the county;
4782          (b) by posting the notice at each early voting polling place;
4783          (c) on the Utah Public Notice Website created in Section 63F-1-701, for 19 days before
4784     the day of the election; and
4785          [(d) in accordance with Section 45-1-101, for 19 days before the date of the election;
4786     and]
4787          [(e)] (d) on the county's website for 19 days before the day of the election.
4788          (2) Instead of publishing all dates, times, and locations of early voting under
4789     Subsection (1), the election officer may publish a statement that specifies the following sources
4790     where a voter may view or obtain a copy of all dates, times, and locations of early voting:
4791          (a) the county's website;
4792          (b) the physical address of the county's offices; and
4793          (c) a mailing address and telephone number.
4794          (3) The election officer shall include in the notice described in Subsection (1):
4795          (a) the address of the Statewide Electronic Voter Information Website and, if available,
4796     the address of the election officer's website, with a statement indicating that the election officer
4797     will post on the website the location of each early voting polling place, including any changes
4798     to the location of an early voting polling place and the location of additional early voting
4799     polling places; and

4800          (b) a phone number that a voter may call to obtain information regarding the location
4801     of an early voting polling place.
4802          Section 77. Section 20A-4-104 is amended to read:
4803          20A-4-104. Counting ballots electronically.
4804          (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
4805     election officer shall test the automatic tabulating equipment to ensure that it will accurately
4806     count the votes cast for all offices and all measures.
4807          (b) The election officer shall publish public notice of the time and place of the test:
4808          [(i) (A) at least 48 hours before the test in one or more daily or weekly newspapers of
4809     general circulation in the county, municipality, or jurisdiction where the equipment is used;]
4810          [(B) if there is no daily or weekly newspaper of general circulation in the county,
4811     municipality, or jurisdiction where the equipment is used,]
4812          (i) at least 10 days before the day of the test[,]:
4813          (A) by posting one notice, and at least one additional notice per 2,000 population of the
4814     county, municipality, or jurisdiction, in places within the county, municipality, or jurisdiction
4815     that are most likely to give notice to the voters in the county, municipality, or jurisdiction; or
4816          [(C) at least 10 days before the day of the test,]
4817          (B) by mailing notice to each registered voter in the county, municipality, or
4818     jurisdiction where the equipment is used;
4819          (ii) on the Utah Public Notice Website created in Section 63F-1-701, for four weeks
4820     before the day of the test; and
4821          [(iii) in accordance with Section 45-1-101, for at least 10 days before the day of the
4822     test; and]
4823          [(iv)] (iii) if the county, municipality, or jurisdiction has a website, on the website for
4824     four weeks before the day of the test.
4825          (c) The election officer shall conduct the test by processing a preaudited group of
4826     ballots.
4827          (d) The election officer shall ensure that:
4828          (i) a predetermined number of valid votes for each candidate and measure are recorded
4829     on the ballots;
4830          (ii) for each office, one or more ballots have votes in excess of the number allowed by

4831     law in order to test the ability of the automatic tabulating equipment to reject those votes; and
4832          (iii) a different number of valid votes are assigned to each candidate for an office, and
4833     for and against each measure.
4834          (e) If any error is detected, the election officer shall determine the cause of the error
4835     and correct it.
4836          (f) The election officer shall ensure that:
4837          (i) the automatic tabulating equipment produces an errorless count before beginning
4838     the actual counting; and
4839          (ii) the automatic tabulating equipment passes the same test at the end of the count
4840     before the election returns are approved as official.
4841          (2) (a) The election officer or the election officer's designee shall supervise and direct
4842     all proceedings at the counting center.
4843          (b) (i) Proceedings at the counting center are public and may be observed by interested
4844     persons.
4845          (ii) Only those persons authorized to participate in the count may touch any ballot or
4846     return.
4847          (c) The election officer shall deputize and administer an oath or affirmation to all
4848     persons who are engaged in processing and counting the ballots that they will faithfully
4849     perform their assigned duties.
4850          (3) If any ballot is damaged or defective so that it cannot properly be counted by the
4851     automatic tabulating equipment, the election officer shall ensure that two counting judges
4852     jointly :
4853          (a) make a true replication of the ballot with an identifying serial number;
4854          (b) substitute the replicated ballot for the damaged or defective ballot;
4855          (c) label the replicated ballot "replicated"; and
4856          (d) record the replicated ballot's serial number on the damaged or defective ballot.
4857          (4) The election officer may:
4858          (a) conduct an unofficial count before conducting the official count in order to provide
4859     early unofficial returns to the public;
4860          (b) release unofficial returns from time to time after the polls close; and
4861          (c) report the progress of the count for each candidate during the actual counting of

4862     ballots.
4863          (5) The election officer shall review and evaluate the provisional ballot envelopes and
4864     prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
4865          (6) (a) The election officer or the election officer's designee shall:
4866          (i) separate, count, and tabulate any ballots containing valid write-in votes; and
4867          (ii) complete the standard form provided by the clerk for recording valid write-in votes.
4868          (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
4869     more votes for an office than that voter is entitled to vote for that office, the poll workers shall
4870     count the valid write-in vote as being the obvious intent of the voter.
4871          (7) (a) The election officer shall certify the return printed by the automatic tabulating
4872     equipment, to which have been added write-in and absentee votes, as the official return of each
4873     voting precinct.
4874          (b) Upon completion of the count, the election officer shall make official returns open
4875     to the public.
4876          (8) If for any reason it becomes impracticable to count all or a part of the ballots with
4877     tabulating equipment, the election officer may direct that they be counted manually according
4878     to the procedures and requirements of this part.
4879          (9) After the count is completed, the election officer shall seal and retain the programs,
4880     test materials, and ballots as provided in Section 20A-4-202.
4881          Section 78. Section 20A-4-304 is amended to read:
4882          20A-4-304. Declaration of results -- Canvassers' report.
4883          (1) Each board of canvassers shall:
4884          (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
4885     declare "elected" or "nominated" those persons who:
4886          (i) had the highest number of votes; and
4887          (ii) sought election or nomination to an office completely within the board's
4888     jurisdiction;
4889          (b) declare:
4890          (i) "approved" those ballot propositions that:
4891          (A) had more "yes" votes than "no" votes; and
4892          (B) were submitted only to the voters within the board's jurisdiction;

4893          (ii) "rejected" those ballot propositions that:
4894          (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
4895     votes; and
4896          (B) were submitted only to the voters within the board's jurisdiction;
4897          (c) certify the vote totals for persons and for and against ballot propositions that were
4898     submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
4899     the lieutenant governor; and
4900          (d) if applicable, certify the results of each local district election to the local district
4901     clerk.
4902          (2) As soon as the result is declared, the election officer shall prepare a report of the
4903     result, which shall contain:
4904          (a) the total number of votes cast in the board's jurisdiction;
4905          (b) the names of each candidate whose name appeared on the ballot;
4906          (c) the title of each ballot proposition that appeared on the ballot;
4907          (d) each office that appeared on the ballot;
4908          (e) from each voting precinct:
4909          (i) the number of votes for each candidate;
4910          (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
4911     Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
4912     potential ballot-counting phase and the name of the candidate excluded in each canvassing
4913     phase; and
4914          (iii) the number of votes for and against each ballot proposition;
4915          (f) the total number of votes given in the board's jurisdiction to each candidate, and for
4916     and against each ballot proposition;
4917          (g) the number of ballots that were rejected; and
4918          (h) a statement certifying that the information contained in the report is accurate.
4919          (3) The election officer and the board of canvassers shall:
4920          (a) review the report to ensure that it is correct; and
4921          (b) sign the report.
4922          (4) The election officer shall:
4923          (a) record or file the certified report in a book kept for that purpose;

4924          (b) prepare and transmit a certificate of nomination or election under the officer's seal
4925     to each nominated or elected candidate;
4926          (c) publish a copy of the certified report in accordance with Subsection (5); and
4927          (d) file a copy of the certified report with the lieutenant governor.
4928          (5) Except as provided in Subsection (6), the election officer shall, no later than seven
4929     days after the day on which the board of canvassers declares the election results, publish the
4930     certified report described in Subsection (2):
4931          [(a) (i) at least once in a newspaper of general circulation within the jurisdiction;]
4932          [(ii) if there is no newspaper of general circulation within the jurisdiction,]
4933          (a) (i) by posting one notice, and at least one additional notice per 2,000 population of
4934     the jurisdiction, in places within the jurisdiction that are most likely to give notice to the
4935     residents of the jurisdiction; or
4936          [(iii)] (ii) by mailing notice to each residence within the jurisdiction;
4937          (b) on the Utah Public Notice Website created in Section 63F-1-701, for one week; and
4938          [(c) in accordance with Section 45-1-101, for one week; and]
4939          [(d)] (c) if the jurisdiction has a website, on the jurisdiction's website for one week.
4940          (6) Instead of publishing the entire certified report under Subsection (5), the election
4941     officer may publish a statement that:
4942          (a) includes the following: "The Board of Canvassers for [indicate name of
4943     jurisdiction] has prepared a report of the election results for the [indicate type and date of
4944     election]."; and
4945          (b) specifies the following sources where an individual may view or obtain a copy of
4946     the entire certified report:
4947          (i) if the jurisdiction has a website, the jurisdiction's website;
4948          (ii) the physical address for the jurisdiction; and
4949          (iii) a mailing address and telephone number.
4950          (7) When there has been a regular general or a statewide special election for statewide
4951     officers, for officers that appear on the ballot in more than one county, or for a statewide or two
4952     or more county ballot proposition, each board of canvassers shall:
4953          (a) prepare a separate report detailing the number of votes for each candidate and the
4954     number of votes for and against each ballot proposition; and

4955          (b) transmit the separate report by registered mail to the lieutenant governor.
4956          (8) In each county election, municipal election, school election, local district election,
4957     and local special election, the election officer shall transmit the reports to the lieutenant
4958     governor within 14 days after the date of the election.
4959          (9) In a regular primary election and in a presidential primary election, the board shall
4960     transmit to the lieutenant governor:
4961          (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
4962     governor not later than the second Tuesday after the election; and
4963          (b) a complete tabulation showing voting totals for all primary races, precinct by
4964     precinct, to be mailed to the lieutenant governor on or before the third Friday following the
4965     primary election.
4966          Section 79. Section 20A-5-101 is amended to read:
4967          20A-5-101. Notice of election.
4968          (1) On or before November 15 in the year before each regular general election year, the
4969     lieutenant governor shall prepare and transmit a written notice to each county clerk that:
4970          (a) designates the offices to be filled at the next year's regular general election;
4971          (b) identifies the dates for filing a declaration of candidacy, and for submitting and
4972     certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
4973     and 20A-9-408 for those offices; and
4974          (c) contains a description of any ballot propositions to be decided by the voters that
4975     have qualified for the ballot as of that date.
4976          (2) No later than seven business days after the day on which the lieutenant governor
4977     transmits the written notice described in Subsection (1), each county clerk shall publish notice,
4978     in accordance with Subsection (3):
4979          (a) (i) in a conspicuous place most likely to give notice of the election to the voters in
4980     each voting precinct within the county; and
4981          (ii) prepare an affidavit of the posting, showing a copy of the notice and the places
4982     where the notice was posted;
4983          [(b) (i) in a newspaper of general circulation in the county;]
4984          [(ii) if there is no newspaper of general circulation within the county, in addition to the
4985     notice described in Subsection (2)(a),]

4986          (b) (i) by posting one notice, and at least one additional notice per 2,000 population of
4987     the county, in places within the county that are most likely to give notice of the election to the
4988     voters in the county; or
4989          [(iii)] (ii) by mailing notice to each registered voter in the county;
4990          (c) on the Utah Public Notice Website created in Section 63F-1-701, for seven days
4991     before the day of the election; and
4992          [(d) in accordance with Section 45-1-101, for seven days before the day of the election;
4993     and]
4994          [(e)] (d) on the county's website for seven days before the day of the election.
4995          (3) The notice described in Subsection (2) shall:
4996          (a) designate the offices to be voted on in that election; and
4997          (b) identify the dates for filing a declaration of candidacy for those offices.
4998          (4) Except as provided in Subsection (6), before each election, the election officer shall
4999     give printed notice of the following information:
5000          (a) the date of election;
5001          (b) the hours during which the polls will be open;
5002          (c) the polling places for each voting precinct, early voting polling place, and election
5003     day voting center;
5004          (d) the address of the Statewide Electronic Voter Information Website and, if available,
5005     the address of the election officer's website, with a statement indicating that the election officer
5006     will post on the website any changes to the location of a polling place and the location of any
5007     additional polling place;
5008          (e) a phone number that a voter may call to obtain information regarding the location of
5009     a polling place; and
5010          (f) the qualifications for persons to vote in the election.
5011          (5) To provide the printed notice described in Subsection (4), the election officer shall
5012     publish the notice:
5013          [(a) (i) in a newspaper of general circulation in the jurisdiction to which the election
5014     pertains at least two days before the day of the election;]
5015          [(ii) if there is no newspaper of general circulation in the jurisdiction to which the
5016     election pertains,]

5017          (a) (i) at least two days before the day of the election, by posting one notice, and at
5018     least one additional notice per 2,000 population of the jurisdiction, in places within the
5019     jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction; or
5020          [(iii)] (ii) by mailing the notice to each registered voter who resides in the jurisdiction
5021     to which the election pertains at least five days before the day of the election;
5022          (b) on the Utah Public Notice Website created in Section 63F-1-701, for two days
5023     before the day of the election; and
5024          [(c) in accordance with Section 45-1-101, for two days before the day of the election;
5025     and]
5026          [(d)] (c) if the jurisdiction has a website, on the jurisdiction's website for two days
5027     before the day of the election.
5028          (6) Instead of including the information described in Subsection (4) in the notice, the
5029     election officer may give printed notice that:
5030          (a) is entitled "Notice of Election";
5031          (b) includes the following: "A [indicate election type] will be held in [indicate the
5032     jurisdiction] on [indicate date of election]. Information relating to the election, including
5033     polling places, polling place hours, and qualifications of voters may be obtained from the
5034     following sources:"; and
5035          (c) specifies the following sources where an individual may view or obtain the
5036     information described in Subsection (4):
5037          (i) if the jurisdiction has a website, the jurisdiction's website;
5038          (ii) the physical address of the jurisdiction offices; and
5039          (iii) a mailing address and telephone number.
5040          Section 80. Section 20A-5-403.5 is amended to read:
5041          20A-5-403.5. Ballot drop boxes.
5042          (1) An election officer:
5043          (a) may designate ballot drop boxes for the election officer's jurisdiction; and
5044          (b) shall clearly mark each ballot drop box as an official ballot drop box for the
5045     election officer's jurisdiction.
5046          (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
5047     shall, at least 19 days before the date of the election, publish notice of the location of each

5048     ballot drop box designated under Subsection (1):
5049          [(a) (i) in one issue of a newspaper of general circulation in the jurisdiction holding the
5050     election;]
5051          [(ii) if there is no newspaper of general circulation in the jurisdiction holding the
5052     election,]
5053          (a) (i) by posting one notice, and at least one additional notice per 2,000 population of
5054     the jurisdiction holding the election, in places within the jurisdiction that are most likely to give
5055     notice to the residents in the jurisdiction; or
5056          [(iii)] (ii) by mailing notice to each registered voter in the jurisdiction holding the
5057     election;
5058          (b) on the Utah Public Notice Website created in Section 63F-1-701, for 19 days before
5059     the day of the election; and
5060          [(c) in accordance with Section 45-1-101, for 19 days before the date of the election;
5061     and]
5062          [(d)] (c) on the jurisdiction's website for 19 days before the day of the election.
5063          (3) Instead of publishing the location of ballot drop boxes under Subsection (2), the
5064     election officer may publish a statement that specifies the following sources where a voter may
5065     view or obtain a copy of all ballot drop box locations:
5066          (a) the jurisdiction's website;
5067          (b) the physical address of the jurisdiction's offices; and
5068          (c) a mailing address and telephone number.
5069          (4) The election officer shall include in the notice described in Subsection (2):
5070          (a) the address of the Statewide Electronic Voter Information Website and, if available,
5071     the address of the election officer's website, with a statement indicating that the election officer
5072     will post on the website the location of each ballot drop box, including any changes to the
5073     location of a ballot drop box and the location of additional ballot drop boxes; and
5074          (b) a phone number that a voter may call to obtain information regarding the location
5075     of a ballot drop box.
5076          (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
5077     deadline described in Subsection (2):
5078          (i) if necessary, change the location of a ballot drop box; or

5079          (ii) if the election officer determines that the number of ballot drop boxes is
5080     insufficient due to the number of registered voters who are voting, designate additional ballot
5081     drop boxes.
5082          (b) Except as provided in Section 20A-1-308, if an election officer changes the
5083     location of a ballot box or designates an additional ballot drop box location, the election officer
5084     shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
5085     the additional ballot drop box location:
5086          (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
5087          (ii) by posting the information on the website of the election officer, if available; and
5088          (iii) by posting notice:
5089          (A) for a change in the location of a ballot drop box, at the new location and, if
5090     possible, the old location; and
5091          (B) for an additional ballot drop box location, at the additional ballot drop box
5092     location.
5093          (6) An election officer may, at any time, authorize two or more poll workers to remove
5094     a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
5095          Section 81. Section 20A-5-405 is amended to read:
5096          20A-5-405. Election officer to provide ballots.
5097          (1) An election officer shall:
5098          (a) provide ballots for every election of public officers in which the voters, or any of
5099     the voters, within the election officer's jurisdiction participate;
5100          (b) cause the name of every candidate whose nomination has been certified to or filed
5101     with the election officer in the manner provided by law to be included on each ballot;
5102          (c) cause any ballot proposition that has qualified for the ballot as provided by law to
5103     be included on each ballot;
5104          (d) ensure that the ballots are prepared and in the possession of the election officer
5105     before commencement of voting;
5106          (e) allow candidates and their agents and the sponsors of ballot propositions that have
5107     qualified for the official ballot to inspect the ballots;
5108          (f) cause sample ballots to be printed that are in the same form as official ballots and
5109     that contain the same information as official ballots but that are printed on different colored

5110     paper than official ballots or are identified by a watermark;
5111          (g) ensure that the sample ballots are printed and in the possession of the election
5112     officer at least seven days before commencement of voting;
5113          (h) make the sample ballots available for public inspection by:
5114          (i) posting a copy of the sample ballot in the election officer's office at least seven days
5115     before commencement of voting;
5116          (ii) mailing a copy of the sample ballot to:
5117          (A) each candidate listed on the ballot; and
5118          (B) the lieutenant governor;
5119          (iii) publishing a copy of the sample ballot:
5120          [(A) except as provided in Subsection (2), at least seven days before the day of the
5121     election in a newspaper of general circulation in the jurisdiction holding the election;]
5122          [(B) if there is no newspaper of general circulation in the jurisdiction holding the
5123     election,]
5124          (A) at least seven days before the day of the election, by posting one copy of the
5125     sample ballot, and at least one additional copy of the sample ballot per 2,000 population of the
5126     jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
5127     the jurisdiction; or
5128          [(C)] (B) at least 10 days before the day of the election, by mailing a copy of the
5129     sample ballot to each registered voter who resides in the jurisdiction holding the election;
5130          (iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
5131     in Section 63F-1-701, for seven days before the day of the election; and
5132          [(v) in accordance with Section 45-1-101, publishing a copy of the sample ballot for at
5133     least seven days before the day of the election; and]
5134          [(vi)] (v) if the jurisdiction has a website, publishing a copy of the sample ballot for at
5135     least seven days before the day of the election;
5136          (i) deliver at least five copies of the sample ballot to poll workers for each polling
5137     place and direct them to post the sample ballots as required by Section 20A-5-102; and
5138          (j) print and deliver, at the expense of the jurisdiction conducting the election, enough
5139     ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in
5140     each voting precinct.

5141          (2) Instead of publishing the entire sample ballot under Subsection (1)(h)(iii)(A), the
5142     election officer may publish a statement that:
5143          (a) is entitled, "sample ballot";
5144          (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
5145     upcoming [indicate type and date of election] may be obtained from the following sources:";
5146     and
5147          (c) specifies the following sources where an individual may view or obtain a copy of
5148     the sample ballot:
5149          (i) if the jurisdiction has a website, the jurisdiction's website;
5150          (ii) the physical address of the jurisdiction's offices; and
5151          (iii) a mailing address and telephone number.
5152          (3) (a) Each election officer shall, without delay, correct any error discovered in any
5153     ballot, if the correction can be made without interfering with the timely distribution of the
5154     ballots.
5155          (b) (i) If the election officer discovers an error or omission in a manual ballot, and it is
5156     not possible to correct the error or omission, the election officer shall direct the poll workers to
5157     make the necessary corrections on the manual ballots before the ballots are distributed.
5158          (ii) If the election officer discovers an error or omission in an electronic ballot and it is
5159     not possible to correct the error or omission by revising the electronic ballot, the election
5160     officer shall direct the poll workers to post notice of each error or omission with instructions on
5161     how to correct each error or omission in a prominent position at each polling booth.
5162          (c) (i) If the election officer refuses or fails to correct an error or omission in a ballot, a
5163     candidate or a candidate's agent may file a verified petition with the district court asserting that:
5164          (A) an error or omission has occurred in:
5165          (I) the publication of the name or description of a candidate;
5166          (II) the preparation or display of an electronic ballot; or
5167          (III) in the printing of sample or official manual ballots; and
5168          (B) the election officer has failed to correct or provide for the correction of the error or
5169     omission.
5170          (ii) The district court shall issue an order requiring correction of any error in a ballot or
5171     an order to show cause why the error should not be corrected if it appears to the court that the

5172     error or omission has occurred and the election officer has failed to correct or provide for the
5173     correction of the error or [ommission] omission.
5174          (iii) A party aggrieved by the district court's decision may appeal the matter to the Utah
5175     Supreme Court within five days after the day on which the district court enters the decision.
5176          Section 82. Section 20A-9-203 is amended to read:
5177          20A-9-203. Declarations of candidacy -- Municipal general elections.
5178          (1) An individual may become a candidate for any municipal office if:
5179          (a) the individual is a registered voter; and
5180          (b) (i) the individual has resided within the municipality in which the individual seeks
5181     to hold elective office for the 12 consecutive months immediately before the date of the
5182     election; or
5183          (ii) the territory in which the individual resides was annexed into the municipality, the
5184     individual has resided within the annexed territory or the municipality the 12 consecutive
5185     months immediately before the date of the election.
5186          (2) (a) For purposes of determining whether an individual meets the residency
5187     requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
5188     before the election, the municipality is considered to have been incorporated 12 months before
5189     the date of the election.
5190          (b) In addition to the requirements of Subsection (1), each candidate for a municipal
5191     council position shall, if elected from a district, be a resident of the council district from which
5192     the candidate is elected.
5193          (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
5194     individual, an individual convicted of a felony, or an individual convicted of treason or a crime
5195     against the elective franchise may not hold office in this state until the right to hold elective
5196     office is restored under Section 20A-2-101.3 or 20A-2-101.5.
5197          (3) (a) An individual seeking to become a candidate for a municipal office shall,
5198     regardless of the nomination method by which the individual is seeking to become a candidate:
5199          (i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
5200     Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
5201     declaration of candidacy, in person with the city recorder or town clerk, during the office hours
5202     described in Section 10-3-301 and not later than the close of those office hours, between June 1

5203     and June 7 of any odd-numbered year; and
5204          (ii) pay the filing fee, if one is required by municipal ordinance.
5205          (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
5206     declaration of candidacy with the city recorder or town clerk if:
5207          (i) the individual is located outside of the state during the entire filing period;
5208          (ii) the designated agent appears in person before the city recorder or town clerk;
5209          (iii) the individual communicates with the city recorder or town clerk using an
5210     electronic device that allows the individual and city recorder or town clerk to see and hear each
5211     other; and
5212          (iv) the individual provides the city recorder or town clerk with an email address to
5213     which the city recorder or town clerk may send the individual the copies described in
5214     Subsection (4).
5215          (c) Any resident of a municipality may nominate a candidate for a municipal office by:
5216          (i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
5217     Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
5218     the office hours described in Section 10-3-301 and not later than the close of those office
5219     hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
5220     of the nomination petition of the lesser of at least:
5221          (A) 25 registered voters who reside in the municipality; or
5222          (B) 20% of the registered voters who reside in the municipality; and
5223          (ii) paying the filing fee, if one is required by municipal ordinance.
5224          (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
5225     petition, the filing officer shall:
5226          (i) read to the prospective candidate or individual filing the petition the constitutional
5227     and statutory qualification requirements for the office that the candidate is seeking;
5228          (ii) require the candidate or individual filing the petition to state whether the candidate
5229     meets the requirements described in Subsection (4)(a)(i); and
5230          (iii) inform the candidate or the individual filing the petition that an individual who
5231     holds a municipal elected office may not, at the same time, hold a county elected office.
5232          (b) If the prospective candidate does not meet the qualification requirements for the
5233     office, the filing officer may not accept the declaration of candidacy or nomination petition.

5234          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
5235     filing officer shall:
5236          (i) inform the candidate that the candidate's name will appear on the ballot as it is
5237     written on the declaration of candidacy;
5238          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
5239     for the office the candidate is seeking and inform the candidate that failure to comply will
5240     result in disqualification as a candidate and removal of the candidate's name from the ballot;
5241          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
5242     Electronic Voter Information Website Program and inform the candidate of the submission
5243     deadline under Subsection 20A-7-801(4)(a);
5244          (iv) provide the candidate with a copy of the pledge of fair campaign practices
5245     described under Section 20A-9-206 and inform the candidate that:
5246          (A) signing the pledge is voluntary; and
5247          (B) signed pledges shall be filed with the filing officer; and
5248          (v) accept the declaration of candidacy or nomination petition.
5249          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
5250     officer shall:
5251          (i) accept the candidate's pledge; and
5252          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
5253     candidate's pledge to the chair of the county or state political party of which the candidate is a
5254     member.
5255          (5) (a) The declaration of candidacy shall be in substantially the following form:
5256          "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
5257     County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
5258     registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
5259     the legal qualifications required of candidates for this office. If filing via a designated agent, I
5260     attest that I will be out of the state of Utah during the entire candidate filing period. I will file
5261     all campaign financial disclosure reports as required by law and I understand that failure to do
5262     so will result in my disqualification as a candidate for this office and removal of my name from
5263     the ballot. I request that my name be printed upon the applicable official ballots. (Signed)
5264     _______________

5265          Subscribed and sworn to (or affirmed) before me by ____ on this
5266     __________(month\day\year).
5267          (Signed) _______________ (Clerk or other officer qualified to administer oath)."[.]
5268          (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
5269     not sign the form described in Subsection (5)(a).
5270          (c) (i) A nomination petition shall be in substantially the following form:
5271          "NOMINATION PETITION
5272          The undersigned residents of (name of municipality), being registered voters, nominate
5273     (name of nominee) for the office of (name of office) for the (length of term of office)."
5274          (ii) The remainder of the petition shall contain lines and columns for the signatures of
5275     individuals signing the petition and each individual's address and phone number.
5276          (6) If the declaration of candidacy or nomination petition fails to state whether the
5277     nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
5278     for the four-year term.
5279          (7) (a) The clerk shall verify with the county clerk that all candidates are registered
5280     voters.
5281          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
5282     print the candidate's name on the ballot.
5283          (8) Immediately after expiration of the period for filing a declaration of candidacy, the
5284     clerk shall:
5285          (a) publish a list of the names of the candidates as they will appear on the ballot:
5286          [(i) (A) in at least two successive publications of a newspaper of general circulation in
5287     the municipality;]
5288          [(B) if there is no newspaper of general circulation in the municipality,]
5289          (i) (A) by posting one copy of the list, and at least one additional copy of the list per
5290     2,000 population of the municipality, in places within the municipality that are most likely to
5291     give notice to the voters in the municipality; or
5292          [(C)] (B) by mailing notice to each registered voter in the municipality;
5293          (ii) on the Utah Public Notice Website created in Section 63F-1-701, for seven days;
5294     and
5295          [(iii) in accordance with Section 45-1-101, for seven days; and]

5296          [(iv)] (iii) if the municipality has a website, on the municipality's website for seven
5297     days; and
5298          (b) notify the lieutenant governor of the names of the candidates as they will appear on
5299     the ballot.
5300          (9) Except as provided in Subsection (10)(c), an individual may not amend a
5301     declaration of candidacy or nomination petition filed under this section after the candidate
5302     filing period ends.
5303          (10) (a) A declaration of candidacy or nomination petition that an individual files under
5304     this section is valid unless a person files a written objection with the clerk before 5 p.m. within
5305     five days after the last day for filing.
5306          (b) If a person files an objection, the clerk shall:
5307          (i) mail or personally deliver notice of the objection to the affected candidate
5308     immediately; and
5309          (ii) decide any objection within 48 hours after the objection is filed.
5310          (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
5311     days after the day on which the clerk sustains the objection, correct the problem for which the
5312     objection is sustained by amending the candidate's declaration of candidacy or nomination
5313     petition, or by filing a new declaration of candidacy.
5314          (d) (i) The clerk's decision upon objections to form is final.
5315          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
5316     prompt application is made to the district court.
5317          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
5318     of its discretion, agrees to review the lower court decision.
5319          (11) A candidate who qualifies for the ballot under this section may withdraw as a
5320     candidate by filing a written affidavit with the municipal clerk.
5321          Section 83. Section 26-8a-405.3 is amended to read:
5322          26-8a-405.3. Use of competitive sealed proposals -- Procedure -- Appeal rights.
5323          (1) (a) Competitive sealed proposals for paramedic or 911 ambulance services under
5324     Section 26-8a-405.2, or for non-911 services under Section 26-8a-405.4, shall be solicited
5325     through a request for proposal and the provisions of this section.
5326          (b) The governing body of the political subdivision shall approve the request for

5327     proposal prior to the notice of the request for proposals under Subsection (1)(c).
5328          (c) [(i)] Notice of the request for proposals shall be published:
5329          [(A) at least once a week for three consecutive weeks in a newspaper of general
5330     circulation published in the county; or]
5331          [(B) if there is no such newspaper, then notice shall be posted]
5332          (i) by posting the notice for at least 20 days in at least five public places in the county;
5333     and
5334          [(ii) in accordance with Section 45-1-101 for at least 20 days.]
5335          (ii) by posting the notice on the Utah Public Notice Website, created in Section
5336     63F-1-701, for at least 20 days.
5337          (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
5338     offerors during the process of negotiations.
5339          (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
5340     political subdivision shall hold a presubmission conference with interested applicants for the
5341     purpose of assuring full understanding of, and responsiveness to, solicitation requirements.
5342          (ii) A political subdivision shall allow at least 90 days from the presubmission
5343     conference for the proposers to submit proposals.
5344          (c) Subsequent to the presubmission conference, the political subdivision may issue
5345     addenda to the request for proposals. An addenda to a request for proposal shall be finalized
5346     and posted by the political subdivision at least 45 days before the day on which the proposal
5347     must be submitted.
5348          (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
5349     respect to any opportunity for discussion and revisions of proposals, and revisions may be
5350     permitted after submission and before a contract is awarded for the purpose of obtaining best
5351     and final offers.
5352          (e) In conducting discussions, there shall be no disclosures of any information derived
5353     from proposals submitted by competing offerors.
5354          (3) (a) (i) A political subdivision may select an applicant approved by the department
5355     under Section 26-8a-404 to provide 911 ambulance or paramedic services by contract to the
5356     most responsible offeror as defined in Section 63G-6a-103.
5357          (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose

5358     proposal is determined in writing to be the most advantageous to the political subdivision,
5359     taking into consideration price and the evaluation factors set forth in the request for proposal.
5360          (b) The applicants who are approved under Section 26-8a-405 and who are selected
5361     under this section may be the political subdivision issuing the request for competitive sealed
5362     proposals, or any other public entity or entities, any private person or entity, or any
5363     combination thereof.
5364          (c) A political subdivision may reject all of the competitive proposals.
5365          (4) In seeking competitive sealed proposals and awarding contracts under this section,
5366     a political subdivision:
5367          (a) shall apply the public convenience and necessity factors listed in Subsections
5368     26-8a-408(2) through (6);
5369          (b) shall require the applicant responding to the proposal to disclose how the applicant
5370     will meet performance standards in the request for proposal;
5371          (c) may not require or restrict an applicant to a certain method of meeting the
5372     performance standards, including:
5373          (i) requiring ambulance medical personnel to also be a firefighter; or
5374          (ii) mandating that offerors use fire stations or dispatch services of the political
5375     subdivision;
5376          (d) shall require an applicant to submit the proposal:
5377          (i) based on full cost accounting in accordance with generally accepted accounting
5378     principals; and
5379          (ii) if the applicant is a governmental entity, in addition to the requirements of
5380     Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
5381     in compliance with the State of Utah Legal Compliance Audit Guide; and
5382          (e) shall set forth in the request for proposal:
5383          (i) the method for determining full cost accounting in accordance with generally
5384     accepted accounting principles, and require an applicant to submit the proposal based on such
5385     full cost accounting principles;
5386          (ii) guidelines established to further competition and provider accountability; and
5387          (iii) a list of the factors that will be considered by the political subdivision in the award
5388     of the contract, including by percentage, the relative weight of the factors established under this

5389     Subsection (4)(e), which may include such things as:
5390          (A) response times;
5391          (B) staging locations;
5392          (C) experience;
5393          (D) quality of care; and
5394          (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
5395          (5) (a) Notwithstanding any provision of Title 63G, Chapter 6a, Utah Procurement
5396     Code, to the contrary, the provisions of Title 63G, Chapter 6a, Utah Procurement Code, apply
5397     to the procurement process required by this section, except as provided in Subsection (5)(c).
5398          (b) A procurement appeals panel described in Section 63G-6a-1702 shall have
5399     jurisdiction to review and determine an appeal of an offeror under this section.
5400          (c) (i) An offeror may appeal the solicitation or award as provided by the political
5401     subdivision's procedures. After all political subdivision appeal rights are exhausted, the offeror
5402     may appeal under the provisions of Subsections (5)(a) and (b).
5403          (ii) A procurement appeals panel described in Section 63G-6a-1702 shall determine
5404     whether the solicitation or award was made in accordance with the procedures set forth in this
5405     section and Section 26-8a-405.2.
5406          (d) The determination of an issue of fact by the appeals board shall be final and
5407     conclusive unless arbitrary and capricious or clearly erroneous as provided in Section
5408     63G-6a-1705.
5409          Section 84. Section 38-8-3 is amended to read:
5410          38-8-3. Enforcement of lien -- Notice requirements -- Sale procedure and effect.
5411          (1) An owner may enforce a lien described in Section 38-8-2 against an occupant if:
5412          (a) the occupant is in default for a continuous 30-day period; and
5413          (b) the owner provides written notice of the owner's intent to enforce the lien, in
5414     accordance with the requirements of this section, to:
5415          (i) the occupant;
5416          (ii) each lienholder disclosed by the occupant under Subsection 38-8-2(3)(b);
5417          (iii) each person that has filed a valid financing statement with the Division of
5418     Corporations and Commercial Code; and
5419          (iv) each person identified as a lienholder in the records of the Motor Vehicle Division.

5420          (2) An owner shall provide the written notice described in Subsection (1)(b):
5421          (a) in person;
5422          (b) by certified mail, to the person's last known address; or
5423          (c) subject to Subsection (3), by email, to the person's last know email address.
5424          (3) If an owner sends a notice described in Subsection (2) by email and does not
5425     receive a response, return receipt, or delivery confirmation from the email address to which the
5426     notice was sent within three business days after the day on which the notice was sent, the
5427     owner shall deliver the notice in person or by certified mail to the person's last known address.
5428          (4) A written notice described in Subsection (1)(b) shall include:
5429          (a) an itemized statement of the owner's claim showing the sum due at the time of the
5430     notice and the date when the sum became due;
5431          (b) a brief description of the personal property subject to the lien that permits the
5432     person to identify the property, unless the property is locked, fastened, sealed, tied, or
5433     otherwise stored in a manner that prevents immediate identification of the property;
5434          (c) if permitted by the terms of the rental agreement, a notice that the occupant may not
5435     access the occupant's personal property until the occupant complies with the requirements
5436     described in Subsection (9);
5437          (d) the name, street address, and telephone number of the owner or the individual the
5438     occupant may contact to respond to the notification;
5439          (e) a demand for payment within a specified time not less than 15 days after the day on
5440     which the notice is delivered; and
5441          (f) a conspicuous statement that, unless the claim is paid within the time stated in the
5442     notice, the personal property will be advertised for sale and will be sold at a specified time and
5443     place.
5444          (5) A notice under this section shall be presumed delivered when it is deposited with
5445     the United States Postal Service and properly addressed with postage prepaid.
5446          (6) (a) (i) After the expiration of the time given in the notice, the owner shall publish
5447     an advertisement of the sale of the personal property subject to the lien once in a newspaper of
5448     general circulation in the county where the self-service storage facility is located.
5449          [(b)] (ii) An advertisement described in Subsection (6)(a)(i) shall include:
5450          [(i)] (A) the address of the self-service storage facility and the number, if any, of the

5451     space where the personal property is located;
5452          [(ii)] (B) the name of the occupant; and
5453          [(iii)] (C) the time, place, and manner of the sale, which shall take place not sooner
5454     than 15 days after the day on which the sale is advertised under Subsection (6)(a)(i).
5455          (b) Subsection (6)(a) does not apply if:
5456          (i) the owner:
5457          (A) provided the notice described in Subsection (1)(b) by email; and
5458          (B) received a response or return receipt from the email address to which the notice
5459     was sent; or
5460          (ii) the owner:
5461          (A) provided the notice described in Subsection (1)(b) by certified mail; and
5462          (B) has evidence of providing the notice by certified mail.
5463          (7) A sale of the personal property shall conform to the terms of the notice provided for
5464     in this section.
5465          (8) A sale of the personal property shall be held at the self-service storage facility, at
5466     the nearest suitable place to where the personal property is held or stored, or online.
5467          (9) Before a sale of personal property under this section, the occupant may pay the
5468     amount necessary to satisfy the lien and the reasonable expenses incurred under this section
5469     and thereby redeem the personal property; upon receipt of this payment, the owner shall return
5470     the personal property, and thereafter the owner shall have no liability to any person with respect
5471     to that personal property.
5472          (10) A purchaser in good faith of the personal property sold to satisfy a lien as
5473     provided for in this chapter takes the property free of any rights of persons against whom the
5474     lien was valid and free of any rights of a secured creditor, despite noncompliance by the owner
5475     with the requirements of this section.
5476          (11) In the event of a sale under this section, the owner may satisfy the lien for the
5477     proceeds of the sale, subject to the rights of any prior lienholder; the lien rights of the prior
5478     lienholder are automatically transferred to the proceeds of the sale; if the sale is made in good
5479     faith and is conducted in a reasonable manner, the owner shall not be subject to any surcharge
5480     for a deficiency in the amount of a prior secured lien, but shall hold the balance, if any, for
5481     delivery to the occupant, lienholder, or other person in interest; if the occupant, lienholder, or

5482     other person in interest does not claim the balance of the proceeds within one year of the date
5483     of sale, it shall become the property of the Utah state treasurer as unclaimed property with no
5484     further claim against the owner.
5485          (12) If the requirements of this chapter are not satisfied, if the sale of the personal
5486     property is not in conformity with the notice of sale, or if there is a willful violation of this
5487     chapter, nothing in this section affects the rights and liabilities of the owner, occupant, or any
5488     other person.
5489          Section 85. Section 54-8-10 is amended to read:
5490          54-8-10. Public hearing -- Notice -- Publication.
5491          (1) Such notice shall be:
5492          [(a) (i) published:]
5493          [(A) in full one time in a newspaper of general circulation in the district; or (B) if there
5494     be no such newspaper, in a newspaper of general circulation in the county, city, or town in
5495     which the district is located; and]
5496          [(ii)] (a) published on the Utah Public Notice Website created in Section 63F-1-701;
5497     and
5498          (b) posted in not less than three public places in the district.
5499          (2) A copy of the notice shall be mailed by certified mail to the last known address of
5500     each owner of land within the proposed district whose property will be assessed for the cost of
5501     the improvement.
5502          (3) The address to be used for that purpose shall be that last appearing on the real
5503     property assessment rolls of the county in which the property is located.
5504          (4) In addition, a copy of the notice shall be addressed to "Owner" and shall be so
5505     mailed addressed to the street number of each piece of improved property to be affected by the
5506     assessment.
5507          (5) Mailed notices and the published notice shall state where a copy of the resolution
5508     creating the district will be available for inspection by any interested parties.
5509          Section 86. Section 54-8-16 is amended to read:
5510          54-8-16. Notice of assessment -- Publication.
5511          (1) After the preparation of a resolution under Section 54-8-14, notice of a public
5512     hearing on the proposed assessments shall be given.

5513          (2) The notice described in Subsection (1) shall be:
5514          [(a) published:]
5515          [(i) one time in a newspaper in which the first notice of hearing was published at least
5516     20 days before the date fixed for the hearing; and]
5517          [(ii)] (a) published on the Utah Public Notice Website created in Section 63F-1-701,
5518     for at least 20 days before the date fixed for the hearing; and
5519          (b) mailed by certified mail not less than 15 days prior to the date fixed for such
5520     hearing to each owner of real property whose property will be assessed for part of the cost of
5521     the improvement at the last known address of such owner using for such purpose the names
5522     and addresses appearing on the last completed real property assessment rolls of the county
5523     wherein said affected property is located.
5524          (3) In addition, a copy of such notice shall be addressed to "Owner" and shall be so
5525     mailed addressed to the street number of each piece of improved property to be affected by
5526     such assessment.
5527          (4) Each notice shall state that at the specified time and place, the governing body will
5528     hold a public hearing upon the proposed assessments and shall state that any owner of any
5529     property to be assessed pursuant to the resolution will be heard on the question of whether his
5530     property will be benefited by the proposed improvement to the amount of the proposed
5531     assessment against his property and whether the amount assessed against his property
5532     constitutes more than his proper proportional share of the total cost of the improvement.
5533          (5) The notice shall further state where a copy of the resolution proposed to be adopted
5534     levying the assessments against all real property in the district will be on file for public
5535     inspection, and that subject to such changes and corrections therein as may be made by the
5536     governing body, it is proposed to adopt the resolution at the conclusion of the hearing.
5537          (6) A published notice shall describe the boundaries or area of the district with
5538     sufficient particularity to permit each owner of real property therein to ascertain that his
5539     property lies in the district.
5540          (7) The mailed notice may refer to the district by name and date of creation and shall
5541     state the amount of the assessment proposed to be levied against the real property of the person
5542     to whom the notice is mailed.
5543          Section 87. Section 54-8-23 is amended to read:

5544          54-8-23. Objection to amount of assessment -- Civil action -- Litigation to
5545     question or attack proceedings or legality of bonds.
5546          (1) No special assessment levied under this chapter shall be declared void, nor shall
5547     any such assessment or part thereof be set aside in consequence of any error or irregularity
5548     permitted or appearing in any of the proceedings under this chapter, but any party feeling
5549     aggrieved by any such special assessment or proceeding may bring a civil action to cause such
5550     grievance to be adjudicated if such action is commenced prior to the expiration of the period
5551     specified in this section.
5552          (2) The burden of proof to show that such special assessment or part thereof is invalid,
5553     inequitable or unjust shall rest upon the party who brings such suit.
5554          (3) Any such litigation shall not be regarded as an appeal within the meaning of the
5555     prohibition contained in Section 54-8-18.
5556          (4) Every person whose property is subject to such special assessment and who fails to
5557     appear during the public hearings on said assessments to raise his objection to such tax shall be
5558     deemed to have waived all objections to such levy except the objection that the governing body
5559     lacks jurisdiction to levy such tax.
5560          (5) For a period of 20 days after the governing body has adopted the enactment
5561     authorizing the assessment, any taxpayer in the district shall have the right to institute litigation
5562     for the purpose of questioning or attacking the proceedings pursuant to which the assessments
5563     have been authorized subject to the provisions of the preceding paragraph.
5564          (6) Whenever any enactment authorizing the issuance of any bonds pursuant to the
5565     improvement contemplated shall have been adopted such resolution shall be [published:]
5566     posted on the Utah Public Notice Website created in Section 63F-1-701.
5567          [(a) once in a newspaper in which the original notice of hearing was published; and]
5568          [(b) as required in Section 45-1-101.]
5569          (7) For a period of 20 days thereafter, any person whose property shall have been
5570     assessed and any taxpayer in the district shall have the right to institute litigation for the
5571     purpose of questioning or attacking the legality of such bonds.
5572          (8) After the expiration of such 20-day period, all proceedings theretofore had by the
5573     governing body, the bonds to be issued pursuant thereto, and the special assessments from
5574     which such bonds are to be paid, shall become incontestable, and no suit attacking or

5575     questioning the legality thereof may be instituted in this state, and no court shall have the
5576     authority to inquire into such matters.
5577          Section 88. Section 57-13a-104 is amended to read:
5578          57-13a-104. Abandonment of prescriptive easement for water conveyance.
5579          (1) A holder of a prescriptive easement for a water conveyance established under
5580     Section 57-13a-102 may, in accordance with this section, abandon all or part of the easement.
5581          (2) A holder of a prescriptive easement for a water conveyance established under
5582     Section 57-13a-102 who seeks to abandon the easement or part of the easement shall:
5583          (a) in each county where the easement or part of the easement is located[: (i)], file in
5584     the office of the county recorder a notice of intent to abandon the prescriptive easement that
5585     describes the easement or part of the easement to be abandoned; [and]
5586          [(ii) publish the notice of intent to abandon the prescriptive easement once a week for
5587     two consecutive weeks in:]
5588          [(A) a local newspaper of general circulation that is published in the area generally
5589     served by the water conveyance that utilizes the easement; or]
5590          [(B) if a newspaper described in Subsection (2)(a)(ii)(A) does not exist, in a newspaper
5591     of general circulation in the county;]
5592          (b) post copies of the notice of intent to abandon the prescriptive easement in three
5593     public places located within the area generally served by the water conveyance that utilizes the
5594     easement;
5595          (c) mail a copy of the notice of intent to abandon the prescriptive easement to each
5596     municipal and county government where the easement or part of the easement is located;
5597          (d) [in accordance with Section 45-1-101, publish] post a copy of the notice of intent to
5598     abandon the prescriptive easement on the [public legal notice website described in Subsection
5599     45-1-101(2)(b)] Utah Public Notice Website created in Section 63F-1-701; and
5600          (e) after meeting the requirements of Subsections (2)(a), (b), (c), and (d) and at least 45
5601     days after the last day on which the holder of the easement [publishes] posts the notice of intent
5602     to abandon the prescriptive easement in accordance with Subsection [(2)(a)(ii)] (2)(b), file in
5603     the office of the county recorder for each county where the easement or part of the easement is
5604     located a notice of abandonment that contains the same description required by Subsection
5605     (2)(a)(i).

5606          (3) (a) Upon completion of the requirements described in Subsection (2) by the holder
5607     of a prescriptive easement for a water conveyance established under Section 57-13a-102:
5608          (i) all interest to the easement or part of the easement abandoned by the holder of the
5609     easement is extinguished; and
5610          (ii) subject to each legal right that exists as described in Subsection (3)(b), the owner of
5611     a servient estate whose land was encumbered by the easement or part of the easement
5612     abandoned may reclaim the land area occupied by the former easement or part of the easement
5613     and resume full utilization of the land without liability to the former holder of the easement.
5614          (b) Abandonment of a prescriptive easement under this section does not affect a legal
5615     right to have water delivered or discharged through the water conveyance and easement
5616     established by a person other than the holder of the easement who abandons an easement as
5617     provided in this section.
5618          Section 89. Section 59-12-402 is amended to read:
5619          59-12-402. Additional resort communities sales and use tax -- Base -- Rate --
5620     Collection fees -- Resolution and voter approval requirements -- Election requirements --
5621     Notice requirements -- Ordinance requirements -- Prohibition of military installation
5622     development authority imposition of tax.
5623          (1) (a) Subject to Subsections (2) through (6), the governing body of a municipality in
5624     which the transient room capacity as defined in Section 59-12-405 is greater than or equal to
5625     66% of the municipality's permanent census population may, in addition to the sales tax
5626     authorized under Section 59-12-401, impose an additional resort communities sales tax in an
5627     amount that is less than or equal to .5% on the transactions described in Subsection
5628     59-12-103(1) located within the municipality.
5629          (b) Notwithstanding Subsection (1)(a), the governing body of a municipality may not
5630     impose a tax under this section on:
5631          (i) the sale of:
5632          (A) a motor vehicle;
5633          (B) an aircraft;
5634          (C) a watercraft;
5635          (D) a modular home;
5636          (E) a manufactured home; or

5637          (F) a mobile home;
5638          (ii) the sales and uses described in Section 59-12-104 to the extent the sales and uses
5639     are exempt from taxation under Section 59-12-104; and
5640          (iii) except as provided in Subsection (1)(d), amounts paid or charged for food and
5641     food ingredients.
5642          (c) For purposes of this Subsection (1), the location of a transaction shall be
5643     determined in accordance with Sections 59-12-211 through 59-12-215.
5644          (d) A municipality imposing a tax under this section shall impose the tax on the
5645     purchase price or sales price for amounts paid or charged for food and food ingredients if the
5646     food and food ingredients are sold as part of a bundled transaction attributable to food and food
5647     ingredients and tangible personal property other than food and food ingredients.
5648          (2) (a) An amount equal to the total of any costs incurred by the state in connection
5649     with the implementation of Subsection (1) which exceed, in any year, the revenues received by
5650     the state from its collection fees received in connection with the implementation of Subsection
5651     (1) shall be paid over to the state General Fund by the cities and towns which impose the tax
5652     provided for in Subsection (1).
5653          (b) Amounts paid under Subsection (2)(a) shall be allocated proportionally among
5654     those cities and towns according to the amount of revenue the respective cities and towns
5655     generate in that year through imposition of that tax.
5656          (3) To impose an additional resort communities sales tax under this section, the
5657     governing body of the municipality shall:
5658          (a) pass a resolution approving the tax; and
5659          (b) except as provided in Subsection (6), obtain voter approval for the tax as provided
5660     in Subsection (4).
5661          (4) To obtain voter approval for an additional resort communities sales tax under
5662     Subsection (3)(b), a municipality shall:
5663          (a) hold the additional resort communities sales tax election during:
5664          (i) a regular general election; or
5665          (ii) a municipal general election; and
5666          (b) [publish] post notice of the election:
5667          (i) 15 days or more before the day on which the election is held; and

5668          [(ii) (A) in a newspaper of general circulation in the municipality; and]
5669          [(B) as required in Section 45-1-101.]
5670          (ii) on the Utah Public Notice Website created in Section 63F-1-701.
5671          (5) An ordinance approving an additional resort communities sales tax under this
5672     section shall provide an effective date for the tax as provided in Section 59-12-403.
5673          (6) (a) Except as provided in Subsection (6)(b), a municipality is not subject to the
5674     voter approval requirements of Subsection (3)(b) if, on or before January 1, 1996, the
5675     municipality imposed a license fee or tax on businesses based on gross receipts pursuant to
5676     Section 10-1-203.
5677          (b) The exception from the voter approval requirements in Subsection (6)(a) does not
5678     apply to a municipality that, on or before January 1, 1996, imposed a license fee or tax on only
5679     one class of businesses based on gross receipts pursuant to Section 10-1-203.
5680          (7) A military installation development authority authorized to impose a resort
5681     communities tax under Section 59-12-401 may not impose an additional resort communities
5682     sales tax under this section.
5683          Section 90. Section 59-12-2208 is amended to read:
5684          59-12-2208. Legislative body approval requirements -- Voter approval
5685     requirements.
5686          (1) Subject to the other provisions of this section, before imposing a sales and use tax
5687     under this part, a county, city, or town legislative body shall:
5688          (a) obtain approval to impose the sales and use tax from a majority of the members of
5689     the county, city, or town legislative body; and
5690          (b) submit an opinion question to the county's, city's, or town's registered voters voting
5691     on the imposition of the sales and use tax so that each registered voter has the opportunity to
5692     express the registered voter's opinion on whether a sales and use tax should be imposed under
5693     this section.
5694          (2) The opinion question required by this section shall state:
5695          "Shall (insert the name of the county, city, or town), Utah, be authorized to impose a
5696     (insert the tax rate of the sales and use tax) sales and use tax for (list the purposes for which the
5697     revenues collected from the sales and use tax shall be expended)?"
5698          (3) (a) Subject to Subsection (3)(b), the election required by this section shall be held:

5699          (i) at a regular general election conducted in accordance with the procedures and
5700     requirements of Title 20A, Election Code, governing regular general elections; or
5701          (ii) at a municipal general election conducted in accordance with the procedures and
5702     requirements of Section 20A-1-202.
5703          (b) (i) Subject to Subsection (3)(b)(ii), the county clerk of the county in which the
5704     opinion question required by this section will be submitted to registered voters shall, no later
5705     than 15 days before the date of the election:
5706          [(A) publish a notice:]
5707          [(I) once in a newspaper published in that county; and]
5708          [(II) as required in Section 45-1-101; or]
5709          (A) post a notice on the Utah Public Notice Website created in Section 63F-1-701; or
5710          (B) (I) cause a copy of the notice to be posted in a conspicuous place most likely to
5711     give notice of the election to the registered voters voting on the imposition of the sales and use
5712     tax; and
5713          (II) prepare an affidavit of that posting, showing a copy of the notice and the places
5714     where the notice was posted.
5715          (ii) The notice under Subsection (3)(b)(i) shall:
5716          (A) state that an opinion question will be submitted to the county's, city's, or town's
5717     registered voters voting on the imposition of a sales and use tax under this section so that each
5718     registered voter has the opportunity to express the registered voter's opinion on whether a sales
5719     and use tax should be imposed under this section; and
5720          (B) list the purposes for which the revenues collected from the sales and use tax shall
5721     be expended.
5722          (4) A county, city, or town that submits an opinion question to registered voters under
5723     this section is subject to Section 20A-11-1203.
5724          (5) Subject to Section 59-12-2209, if a county, city, or town legislative body
5725     determines that a majority of the county's, city's, or town's registered voters voting on the
5726     imposition of a sales and use tax under this part have voted in favor of the imposition of the
5727     sales and use tax in accordance with this section, the county, city, or town legislative body shall
5728     impose the sales and use tax.
5729          (6) If, after imposing a sales and use tax under this part, a county, city, or town

5730     legislative body seeks to impose a tax rate for the sales and use tax that exceeds or is less than
5731     the tax rate stated in the opinion question described in Subsection (2) or repeals the tax rate
5732     stated in the opinion question described in Subsection (2), the county, city, or town legislative
5733     body shall:
5734          (a) obtain approval from a majority of the members of the county, city, or town
5735     legislative body to impose a tax rate for the sales and use tax that exceeds or is less than the tax
5736     rate stated in the opinion question described in Subsection (2) or repeals the tax rate stated in
5737     the opinion question described in Subsection (2); and
5738          (b) in accordance with the procedures and requirements of this section, submit an
5739     opinion question to the county's, city's, or town's registered voters voting on the tax rate so that
5740     each registered voter has the opportunity to express the registered voter's opinion on whether to
5741     impose a tax rate for the sales and use tax that exceeds or is less than the tax rate stated in the
5742     opinion question described in Subsection (2) or repeal the tax rate stated in the opinion
5743     question described in Subsection (2).
5744          Section 91. Section 62A-5-202.5 is amended to read:
5745          62A-5-202.5. Utah State Developmental Center Board -- Creation -- Membership
5746     -- Duties -- Powers.
5747          (1) There is created the Utah State Developmental Center Board within the Department
5748     of Human Services.
5749          (2) The board is composed of nine members as follows:
5750          (a) the director of the division or the director's designee;
5751          (b) the superintendent of the developmental center or the superintendent's designee;
5752          (c) the executive director of the Department of Human Services or the executive
5753     director's designee;
5754          (d) a resident of the developmental center selected by the superintendent; and
5755          (e) five members appointed by the governor with the advice and consent of the Senate
5756     as follows:
5757          (i) three members of the general public; and
5758          (ii) two members who are parents or guardians of individuals who receive services at
5759     the developmental center.
5760          (3) In making appointments to the board, the governor shall ensure that:

5761          (a) no more than three members have immediate family residing at the developmental
5762     center; and
5763          (b) members represent a variety of geographic areas and economic interests of the state.
5764          (4) (a) The governor shall appoint each member described in Subsection (2)(e) for a
5765     term of four years.
5766          (b) An appointed member may not serve more than two full consecutive terms unless
5767     the governor determines that an additional term is in the best interest of the state.
5768          (c) Notwithstanding the requirements of Subsections (4)(a) and (b), the governor shall,
5769     at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
5770     of appointed members are staggered so that approximately half of the appointed members are
5771     appointed every two years.
5772          (d) Appointed members shall continue in office until the expiration of their terms and
5773     until their successors are appointed, which may not exceed 120 days after the formal expiration
5774     of a term.
5775          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
5776     appointed for the unexpired term.
5777          (5) (a) The director shall serve as the chair.
5778          (b) The board shall appoint a member to serve as vice chair.
5779          (c) The board shall hold meetings quarterly or as needed.
5780          (d) Five members are necessary to constitute a quorum at any meeting, and, if a
5781     quorum exists, the action of the majority of members present shall be the action of the board.
5782          (e) The chair shall be a non-voting member except that the chair may vote to break a tie
5783     vote between the voting members.
5784          (6) An appointed member may not receive compensation or benefits for the member's
5785     service, but, at the executive director's discretion, may receive per diem and travel expenses in
5786     accordance with:
5787          (a) Section 63A-3-106;
5788          (b) Section 63A-3-107; and
5789          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
5790     63A-3-107.
5791          (7) (a) The board shall adopt bylaws governing the board's activities.

5792          (b) Bylaws shall include procedures for removal of a member who is unable or
5793     unwilling to fulfill the requirements of the member's appointment.
5794          (8) The board shall:
5795          (a) act for the benefit of the developmental center and the division;
5796          (b) advise and assist the division with the division's functions, operations, and duties
5797     related to the developmental center, described in Sections 62A-5-102, 62A-5-103, 62A-5-201,
5798     62A-5-203, and 62A-5-206;
5799          (c) administer the Utah State Developmental Center Miscellaneous Donation Fund, as
5800     described in Section 62A-5-206.5;
5801          (d) administer the Utah State Developmental Center Land Fund, as described in
5802     Section 62A-5-206.6;
5803          (e) approve the sale, lease, or other disposition of real property or water rights
5804     associated with the developmental center, as described in Subsection 62A-5-206.6(2); and
5805          (f) within 21 days after the day on which the board receives the notice required under
5806     Subsection 10-2-419(3)[(d)](c), provide a written opinion regarding the proposed boundary
5807     adjustment to:
5808          (i) the director of the Division of Facilities and Construction Management; and
5809          (ii) the Legislative Management Committee.
5810          Section 92. Section 63A-5b-305 is amended to read:
5811          63A-5b-305. Duties and authority of director.
5812          (1) The director shall:
5813          (a) administer the division's duties and responsibilities;
5814          (b) report all property acquired by the state, except property acquired by an institution
5815     of higher education or the trust lands administration, to the director of the Division of Finance
5816     for inclusion in the state's financial records;
5817          (c) after receiving the notice required under Subsection 10-2-419(3)[(d)](c), file a
5818     written protest at or before the public hearing under Subsection 10-2-419(2)(b), if:
5819          (i) it is in the best interest of the state to protest the boundary adjustment; or
5820          (ii) the Legislature instructs the director to protest the boundary adjustment; and
5821          (d) take all other action that the director is required to take under this chapter or other
5822     applicable statute.

5823          (2) The director may:
5824          (a) create forms and make policies necessary for the division or director to perform the
5825     division or director's duties;
5826          (b) (i) hire or otherwise procure assistance and service, professional, skilled, or
5827     otherwise, necessary to carry out the director's duties under this chapter; and
5828          (ii) expend funds provided for the purpose described in Subsection (2)(b)(i) through
5829     annual operation budget appropriations or from other nonlapsing project funds;
5830          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5831     make rules necessary for the division or director to perform the division or director's duties;
5832     and
5833          (d) take all other action necessary for carrying out the purposes of this chapter.
5834          Section 93. Section 63F-1-701 is amended to read:
5835          63F-1-701. Utah Public Notice Website -- Establishment and administration.
5836          (1) As used in this part:
5837          (a) "Division" means the Division of Archives and Records Service of the Department
5838     of Administrative Services.
5839          (b) "Executive board" means the same as that term is defined in Section 67-1-2.5.
5840          (c) "Public body" means the same as that term is defined in Section 52-4-103.
5841          (d) "Public information" means a public body's public notices, minutes, audio
5842     recordings, and other materials that are required to be posted to the website under Title 52,
5843     Chapter 4, Open and Public Meetings Act, or other statute or state agency rule.
5844          (e) "Website" means the Utah Public Notice Website created under this section.
5845          (2) There is created the Utah Public Notice Website to be administered by the Division
5846     of Archives and Records Service.
5847          (3) The website shall consist of an Internet website provided to assist the public to find
5848     posted public information.
5849          (4) The division, with the technical assistance of the Department of Technology
5850     Services, shall create the website that shall:
5851          (a) allow a public body, or other certified entity, to easily post any public information,
5852     including the contact information required under Subsections 17B-1-303(9) and
5853     17D-1-106(1)(b)(ii);

5854          (b) allow the public to easily search the public information by:
5855          (i) public body name;
5856          (ii) date of posting of the notice;
5857          (iii) date of any meeting or deadline included as part of the public information; and
5858          (iv) any other criteria approved by the division;
5859          (c) allow the public to easily search and view past, archived public information;
5860          (d) allow an individual to subscribe to receive updates and notices associated with a
5861     public body or a particular type of public information;
5862          (e) be easily accessible by the public from the State of Utah home page;
5863          (f) have a unique and simplified website address;
5864          (g) be directly accessible via a link from the main page of the official state website;
5865     [and]
5866          (h) allow a newspaper to request and automatically receive a transmission of a posting
5867     to the website as the posting occurs; and
5868          [(h)] (i) include other links, features, or functionality that will assist the public in
5869     obtaining and reviewing public information posted on the website, as may be approved by the
5870     division.
5871          (5) (a) Subject to Subsection (5)(b), the division and the governor's office shall
5872     coordinate to ensure that the website, the database described in Section 67-1-2.5, and the
5873     website described in Section 67-1-2.5 automatically share appropriate information in order to
5874     ensure that:
5875          (i) an individual who subscribes to receive information under Subsection (4)(d) for an
5876     executive board automatically receives notifications of vacancies on the executive board that
5877     will be publicly filled, including a link to information regarding how an individual may apply
5878     to fill the vacancy; and
5879          (ii) an individual who accesses an executive board's information on the website has
5880     access to the following through the website:
5881          (A) the executive board's information in the database, except an individual's physical
5882     address, e-mail address, or phone number; and
5883          (B) the portal described in Section 67-1-2.5 through which an individual may provide
5884     input on an appointee to, or member of, the executive board.

5885          (b) The division and the governor's office shall comply with Subsection (5)(a) as soon
5886     as reasonably possible within existing funds appropriated to the division and the governor's
5887     office.
5888          (6) Before August 1 of each year, the division shall:
5889          (a) identify each executive board that is a public body that did not submit to the
5890     website a notice of a public meeting during the previous fiscal year; and
5891          (b) report the name of each identified executive board to the governor's boards and
5892     commissions administrator.
5893          (7) The division is responsible for:
5894          (a) establishing and maintaining the website, including the provision of equipment,
5895     resources, and personnel as is necessary;
5896          (b) providing a mechanism for public bodies or other certified entities to have access to
5897     the website for the purpose of posting and modifying public information; and
5898          (c) maintaining an archive of all public information posted to the website.
5899          (8) A public body is responsible for the content the public body is required to post to
5900     the website and the timing of posting of that information.
5901          Section 94. Section 63G-6a-112 is amended to read:
5902          63G-6a-112. Required public notice.
5903          (1) A procurement unit that issues a solicitation shall [publish] post notice of the
5904     solicitation:
5905          (a) at least seven days before the day of the deadline for submission of a solicitation
5906     response; and
5907          [(b) (i) in a newspaper of general circulation in the state;]
5908          [(ii) in a newspaper of local circulation in the area:]
5909          [(A) directly impacted by the procurement; or]
5910          [(B) over which the procurement unit has jurisdiction;]
5911          [(iii)] (b) (i) on the main website for the procurement unit; or
5912          [(iv)] (ii) on a state website that is owned, managed by, or provided under contract
5913     with, the division for posting a public procurement notice.
5914          (2) A procurement unit may reduce the seven-day period described in Subsection (1), if
5915     the procurement unit's procurement official signs a written statement that:

5916          (a) states that a shorter time is needed; and
5917          (b) determines that competition from multiple sources may be obtained within the
5918     shorter period of time.
5919          (3) (a) It is the responsibility of a person seeking information provided by a notice
5920     published under this section to seek out, find, and respond to the notice.
5921          (b) As a courtesy and in order to promote competition, a procurement unit may
5922     provide, but is not required to provide, individual notice.
5923          Section 95. Section 72-5-105 is amended to read:
5924          72-5-105. Highways, streets, or roads once established continue until abandoned
5925     -- Temporary closure.
5926          (1) Except as provided in Subsections (3) and (7), all public highways, streets, or roads
5927     once established shall continue to be highways, streets, or roads until formally abandoned or
5928     vacated by written order, resolution, or ordinance resolution of a highway authority having
5929     jurisdiction or by court decree, and the written order, resolution, ordinance, or court decree has
5930     been duly recorded in the office of the recorder of the county or counties where the highway,
5931     street, or road is located.
5932          (2) (a) For purposes of assessment, upon the recordation of an order executed by the
5933     proper authority with the county recorder's office, title to the vacated or abandoned highway,
5934     street, or road shall vest to the adjoining record owners, with one-half of the width of the
5935     highway, street, or road assessed to each of the adjoining owners.
5936          (b) Provided, however, that should a description of an owner of record extend into the
5937     vacated or abandoned highway, street, or road that portion of the vacated or abandoned
5938     highway, street, or road shall vest in the record owner, with the remainder of the highway,
5939     street, or road vested as otherwise provided in this Subsection (2).
5940          (c) Title to a highway, street, or road that a local highway authority closes to vehicular
5941     traffic under Subsection (3) or (7) remains vested in the city.
5942          (3) (a) In accordance with this section, a state or local highway authority may
5943     temporarily close a class B, C, or D road, an R.S. 2477 right-of-way, or a portion of a class B,
5944     C, or D road or R.S. 2477 right-of-way.
5945          (b) (i) A temporary closure authorized under this section is not an abandonment.
5946          (ii) The erection of a barrier or sign on a highway, street, or road once established is

5947     not an abandonment.
5948          (iii) An interruption of the public's continuous use of a highway, street, or road once
5949     established is not an abandonment even if the interruption is allowed to continue unabated.
5950          (c) A temporary closure under Subsection (3)(a) may be authorized only under the
5951     following circumstances:
5952          (i) when a federal authority, or other person, provides an alternate route to an R.S.
5953     2477 right-of-way or portion of an R.S. 2477 right-of-way if the alternate route is:
5954          (A) accepted by the highway authority; and
5955          (B) formalized by a federal permit or a written agreement between the federal authority
5956     or other person and the highway authority;
5957          (ii) when a state or local highway authority determines that correction or mitigation of
5958     injury to private or public land resources is necessary on or near a class B or D road or portion
5959     of a class B or D road; or
5960          (iii) when a local highway authority makes a finding that temporary closure of all or
5961     part of a class C road is necessary to mitigate unsafe conditions.
5962          (d) (i) If a local highway authority temporarily closes all or part of a class C road under
5963     Subsection (3)(c)(iii), the local highway authority may convert the closed portion of the road to
5964     another public use or purpose related to the mitigation of the unsafe condition.
5965          (ii) If a local highway authority temporarily closes all or part of a class C road under
5966     Subsection (3)(c)(iii), and the closed portion of road is the subject of a lease agreement
5967     between the local highway authority and another entity, the local highway authority may not
5968     reopen the closed portion of the road until the lease agreement terminates.
5969          (e) A highway authority shall reopen an R.S. 2477 right-of-way or portion of an R.S.
5970     2477 right-of-way temporarily closed under this section if the alternate route is closed for any
5971     reason.
5972          (f) A temporary closure authorized under Subsection (3)(c)(ii) shall:
5973          (i) be authorized annually; and
5974          (ii) not exceed two years or the time it takes to complete the correction or mitigation,
5975     whichever is less.
5976          (4) To authorize a closure of a road under Subsection (3) or (7), a local highway
5977     authority shall pass an ordinance to temporarily or indefinitely close the road.

5978          (5) Before authorizing a temporary or indefinite closure as described in Subsection (4),
5979     a highway authority shall:
5980          (a) hold a hearing on the proposed temporary or indefinite closure;
5981          (b) provide notice of the hearing by mailing a notice to the Department of
5982     Transportation and all owners of property abutting the highway; and
5983          (c) except for a closure under Subsection (3)(c)(iii)[:], post the notice:
5984          [(i) publishing the notice:]
5985          [(A) in a newspaper of general circulation in the county at least once a week for four
5986     consecutive weeks before the hearing; and]
5987          [(B)] (i) on the Utah Public Notice Website created in Section 63F-1-701, for four
5988     weeks before the hearing; or
5989          (ii) [posting the notice] in three public places for at least four consecutive weeks before
5990     the hearing.
5991          (6) The right-of-way and easements, if any, of a property owner and the franchise rights
5992     of any public utility may not be impaired by a temporary or indefinite closure authorized under
5993     this section.
5994          (7) (a) A local highway authority may close to vehicular travel and convert to another
5995     public use or purpose a highway, road, or street over which the local highway authority has
5996     jurisdiction, for an indefinite period of time, if the local highway authority makes a finding
5997     that:
5998          (i) the closed highway, road, or street is not necessary for vehicular travel;
5999          (ii) the closure of the highway, road, or street is necessary to correct or mitigate injury
6000     to private or public land resources on or near the highway, road, or street; or
6001          (iii) the closure of the highway, road, or street is necessary to mitigate unsafe
6002     conditions.
6003          (b) If a local highway authority indefinitely closes all or part of a highway, road, or
6004     street under Subsection (7)(a)(iii), and the closed portion of road is the subject of a lease
6005     agreement between the local highway authority and another entity, the local highway authority
6006     may not reopen the closed portion of the road until the lease agreement terminates.
6007          (c) An indefinite closure authorized under this Subsection (7) is not an abandonment.
6008          Section 96. Section 72-6-108 is amended to read:

6009          72-6-108. Class B and C roads -- Improvement projects -- Contracts -- Retainage.
6010          (1) A county executive for class B roads and the municipal executive for class C roads
6011     shall cause plans, specifications, and estimates to be made prior to the construction of any
6012     improvement project, as defined in Section 72-6-109, on a class B or C road if the estimated
6013     cost for any one project exceeds the bid limit as defined in Section 72-6-109 for labor,
6014     equipment, and materials.
6015          (2) (a) All projects in excess of the bid limit shall be performed under contract to be let
6016     to the lowest responsible bidder.
6017          (b) If the estimated cost of the improvement project exceeds the bid limit for labor,
6018     equipment, and materials, the project may not be divided to permit the construction in parts,
6019     unless each part is done by contract.
6020          (3) [(a)] The advertisement on bids shall be [published] posted:
6021          [(i) in a newspaper of general circulation in the county in which the work is to be
6022     performed at least once a week for three consecutive weeks; and]
6023          [(ii) in accordance with Section 45-1-101 for three weeks.]
6024          (a) on the Utah Public Notice Website, created in Section 63F-1-701, for three weeks;
6025     and
6026          (b) [If there is no newspaper of general circulation as described in Subsection (3)(a)(i),
6027     the notice shall be posted] for at least 20 days in at least five public places in the county.
6028          (4) The county or municipal executive or their designee shall receive sealed bids and
6029     open the bids at the time and place designated in the advertisement. The county or municipal
6030     executive or their designee may then award the contract but may reject any and all bids.
6031          (5) The person, firm, or corporation that is awarded a contract under this section is
6032     subject to the provisions of Title 63G, Chapter 6a, Utah Procurement Code.
6033          (6) If any payment on a contract with a private contractor for construction or
6034     improvement of a class B or C road is retained or withheld, the payment shall be retained or
6035     withheld and released as provided in Section 13-8-5.
6036          Section 97. Section 76-8-809 is amended to read:
6037          76-8-809. Closing or restricting use of highways abutting defense or war facilities
6038     -- Posting of notices.
6039          Any individual, partnership, association, corporation, municipal corporation or state or

6040     any political subdivision thereof engaged in or preparing to engage in the manufacture,
6041     transportation or storage of any product to be used in the preparation of the United States or
6042     any of the states for defense or for war or in the prosecution of war by the United States, or in
6043     the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or
6044     any of said natural or artificial persons operating any public utility who has property so used
6045     which he or it believes will be endangered if public use and travel is not restricted or prohibited
6046     on one or more highways or parts thereof upon which the property abuts, may petition the
6047     highway commissioners of any city, town, or county to close one or more of the highways or
6048     parts thereof to public use and travel or to restrict by order the use and travel upon one or more
6049     of the highways or parts thereof.
6050          Upon receipt of the petition, the highway commissioners shall set a day for hearing and
6051     give notice [thereof by publication in a newspaper having general circulation in the city, town,
6052     or county in which the property is located and as required in Section 45-1-101, the publication
6053     shall be made] of the hearing by posting a notice on the Utah Public Notice Website, created in
6054     Section 63F-1-701, at least seven days prior to the date set for hearing. If, after hearing, the
6055     highway commissioners determine that the public safety and the safety of the property of the
6056     petitioner so require, they shall by suitable order close to public use and travel or reasonably
6057     restrict the use of and travel upon one or more of the highways or parts thereof; provided the
6058     highway commissioners may issue written permits to travel over the highway so closed or
6059     restricted to responsible and reputable persons for a term, under conditions and in a form as the
6060     commissioners may prescribe. Appropriate notices in letters at least three inches high shall be
6061     posted conspicuously at each end of any highway so closed or restricted by an order. The
6062     highway commissioners may at any time revoke or modify any order so made.
6063          Section 98. Section 78A-7-202 is amended to read:
6064          78A-7-202. Justice court judges to be appointed -- Procedure.
6065          (1) As used in this section:
6066          (a) "Local government executive" means:
6067          (i) for a county:
6068          (A) the chair of the county commission in a county operating under the county
6069     commission or expanded county commission form of county government;
6070          (B) the county executive in a county operating under the county executive-council form

6071     of county government; and
6072          (C) the county manager in a county operating under the council-manager form of
6073     county government;
6074          (ii) for a city or town:
6075          (A) the mayor of the city or town; or
6076          (B) the city manager, in the council-manager form of government described in
6077     Subsection 10-3b-103(7); and
6078          (iii) for a metro township, the chair of the metro township council.
6079          (b) "Local legislative body" means:
6080          (i) for a county, the county commission or county council; and
6081          (ii) for a city or town, the council of the city or town.
6082          (2) There is created in each county a county justice court nominating commission to
6083     review applicants and make recommendations to the appointing authority for a justice court
6084     position. The commission shall be convened when a new justice court judge position is created
6085     or when a vacancy in an existing court occurs for a justice court located within the county.
6086          (a) Membership of the justice court nominating commission shall be as follows:
6087          (i) one member appointed by:
6088          (A) the county commission if the county has a county commission form of
6089     government; or
6090          (B) the county executive if the county has an executive-council form of government;
6091          (ii) one member appointed by the municipalities in the counties as follows:
6092          (A) if the county has only one municipality, appointment shall be made by the
6093     governing authority of that municipality; or
6094          (B) if the county has more than one municipality, appointment shall be made by a
6095     municipal selection committee composed of the mayors of each municipality and the chairs of
6096     each metro township in the county;
6097          (iii) one member appointed by the county bar association; and
6098          (iv) two members appointed by the governing authority of the jurisdiction where the
6099     judicial office is located.
6100          (b) If there is no county bar association, the member in Subsection (2)(a)(iii) shall be
6101     appointed by the regional bar association. If no regional bar association exists, the state bar

6102     association shall make the appointment.
6103          (c) Members appointed under Subsections (2)(a)(i) and (ii) may not be the appointing
6104     authority or an elected official of a county or municipality.
6105          (d) The nominating commission shall submit at least three names to the appointing
6106     authority of the jurisdiction expected to be served by the judge. The local government
6107     executive shall appoint a judge from the list submitted and the appointment ratified by the local
6108     legislative body.
6109          (e) The state court administrator shall provide staff to the commission. The Judicial
6110     Council shall establish rules and procedures for the conduct of the commission.
6111          (3) Judicial vacancies shall be advertised in a newspaper of general circulation, through
6112     the Utah State Bar, on the Utah Public Notice Website, created in Section 63F-1-701, and
6113     through other appropriate means.
6114          (4) Selection of candidates shall be based on compliance with the requirements for
6115     office and competence to serve as a judge.
6116          (5) Once selected, every prospective justice court judge shall attend an orientation
6117     seminar conducted under the direction of the Judicial Council. Upon completion of the
6118     orientation program, the Judicial Council shall certify the justice court judge as qualified to
6119     hold office.
6120          (6) The selection of a person to fill the office of justice court judge is effective upon
6121     certification of the judge by the Judicial Council. A justice court judge may not perform
6122     judicial duties until certified by the Judicial Council.