17B-1-417. Boundary adjustment — Notice and hearing — Protest — Resolution adjusting boundaries — Filing of notice and plat with the lieutenant governor — Recording requirements — Effective date.
(1)
As used in this section, “affected area” means the area located within the boundaries of one special district that will be removed from that special district and included within the boundaries of another special district because of a boundary adjustment under this section.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Retail: means , with respect to a service provided by a municipality or special district, that the service is provided directly to the ultimate user. See Utah Code 17B-1-401
Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
Wholesale: means , with respect to a service provided by a special district, that the service is not provided directly to the ultimate user but is provided to a retail provider. See Utah Code 17B-1-401
(2)
The boards of trustees of two or more special districts having a common boundary and providing the same service on the same wholesale or retail basis may adjust their common boundary as provided in this section.
(3)
(a)
The board of trustees of each special district intending to adjust a boundary that is common with another special district shall:
(i)
adopt a resolution indicating the board’s intent to adjust a common boundary;
(ii)
hold a public hearing on the proposed boundary adjustment no less than 60 days after the adoption of the resolution under Subsection (3)(a)(i); and
(iii)
provide notice for the affected area, as a class B notice under Section 63G-30-102, for at least two weeks before the day of the public hearing.
(b)
The notice required under Subsection (3)(a)(iii) shall:
(i)
state that the board of trustees of the special district has adopted a resolution indicating the board’s intent to adjust a boundary that the special district has in common with another special district that provides the same service as the special district;
(ii)
describe the affected area;
(iii)
state the date, time, and location of the public hearing required under Subsection (3)(a)(ii);
(iv)
provide a special district telephone number where additional information about the proposed boundary adjustment may be obtained;
(v)
explain the financial and service impacts of the boundary adjustment on property owners or residents within the affected area; and
(vi)
state in conspicuous and plain terms that the board of trustees may approve the adjustment of the boundaries unless, at or before the public hearing under Subsection (3)(a)(ii), written protests to the adjustment are filed with the board by:
(A)
the owners of private real property that:
(I)
is located within the affected area;
(II)
covers at least 50% of the total private land area within the affected area; and
(III)
is equal in assessed value to at least 50% of the assessed value of all private real property within the affected area; or
(B)
registered voters residing within the affected area equal in number to at least 50% of the votes cast in the affected area for the office of governor at the last regular general election before the filing of the protests.
(c)
The boards of trustees of the special districts whose boundaries are being adjusted may jointly:
(i)
provide the notice required under Subsection (3)(a)(iii); and
(ii)
hold the public hearing required under Subsection (3)(a)(ii).
(4)
After the public hearing required under Subsection (3)(a)(ii), the board of trustees may adopt a resolution approving the adjustment of the common boundary unless, at or before the public hearing, written protests to the boundary adjustment have been filed with the board by:
(a)
the owners of private real property that:
(i)
is located within the affected area;
(ii)
covers at least 50% of the total private land area within the affected area; and
(iii)
is equal in assessed value to at least 50% of the assessed value of all private real property within the affected area; or
(b)
registered voters residing within the affected area equal in number to at least 50% of the votes cast in the affected area for the office of governor at the last regular general election before the filing of the protests.
(5)
A resolution adopted under Subsection (4) does not take effect until the board of each special district whose boundaries are being adjusted has adopted a resolution under Subsection (4).
(6)
The board of the special district whose boundaries are being adjusted to include the affected area shall:
(a)
within 30 days after the resolutions take effect under Subsection (5), file with the lieutenant governor:
(i)
a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
(ii)
a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
(b)
upon the lieutenant governor’s issuance of a certificate of boundary adjustment under Section 67-1a-6.5:
(i)
if the affected area is located within the boundary of a single county, submit to the recorder of that county:
(A)
the original:
(I)
notice of an impending boundary action;
(II)
certificate of boundary adjustment; and
(III)
approved final local entity plat; and
(B)
a certified copy of each resolution adopted under Subsection (4); or
(ii)
if the affected area is located within the boundaries of more than a single county:
(A)
submit to the recorder of one of those counties:
(I)
the original of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III); and
(II)
a certified copy of each resolution adopted under Subsection (4); and
(B)
submit to the recorder of each other county:
(I)
a certified copy of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III); and
(II)
a certified copy of each resolution adopted under Subsection (4).
(7)
(a)
Upon the lieutenant governor’s issuance of a certificate of boundary adjustment under Section 67-1a-6.5, the affected area is annexed to the special district whose boundaries are being adjusted to include the affected area, and the affected area is withdrawn from the special district whose boundaries are being adjusted to exclude the affected area.
(b)
(i)
The effective date of a boundary adjustment under this section for purposes of assessing property within the affected area is governed by Section 59-2-305.5.
(ii)
Until the documents listed in Subsection (6)(b) are recorded in the office of the recorder of the county in which the property is located, a special district in whose boundary an affected area is included because of a boundary adjustment under this section may not:
(A)
levy or collect a property tax on property within the affected area;
(B)
levy or collect an assessment on property within the affected area; or
(C)
charge or collect a fee for service provided to property within the affected area.
(iii)
Subsection (7)(b)(ii)(C):
(A)
may not be construed to limit a special district’s ability before a boundary adjustment to charge and collect a fee for service provided to property that is outside the special district’s boundary; and
(B)
does not apply until 60 days after the effective date, under Subsection (7)(a), of the special district’s boundary adjustment, with respect to a fee that the special district was charging for service provided to property within the area affected by the boundary adjustment immediately before the boundary adjustment.
Amended by Chapter 15, 2023 General Session Amended by Chapter 435, 2023 General Session
