2006 Utah Code - 17A-2-1327 — Adding additional services -- Annexing additional area -- Notice to lieutenant governor.

     17A-2-1327.   Adding additional services -- Annexing additional area -- Notice to lieutenant governor.
     (1) Subject to the provisions of Subsections (2) and (3), after the establishment of a special service district, additional services from that specified in the resolution establishing the district may be added and additional area from that specified in the resolution may be annexed to the district by using the procedure provided for in this part for the establishment of the district with appropriate changes in the wording of the required instruments.
     (2) (a) Notwithstanding Subsection (1), additional services may not be added and additional area may not be annexed to the special service district and the governing authority shall abandon the additional services or annexation proceedings if written protests are filed at or before the hearing by:
     (i) with respect to proceedings to add services:
     (A) the owners of more than 50% of the taxable value of the taxable property within the district; or
     (B) more than 50% of the qualified electors of the district; or
     (ii) with respect to proceedings to annex new area:
     (A) the owners of more than 50% of the taxable value of the taxable property within the area to be annexed; or
     (B) more than 50% of the qualified electors of the area to be annexed.
     (b) (i) The determination of owners, properties, and taxable value under Subsection (2)(a) shall be according to the assessment rolls last completed before the adoption of the resolution proposing the addition of services or annexation.
     (ii) The determination of qualified electors under Subsection (2)(a) shall be from the registration lists last made or revised before the adoption of the resolution proposing the addition of services or annexation.
     (3) (a) Notwithstanding Subsection (1), the notice, hearing, and protest requirements of Sections 17A-2-1307, 17A-2-1308, and 17A-2-1309 do not apply if a petition for additional services or annexation of additional area is filed with the governing body of the special service district containing the signatures of all owners of all taxable real property:
     (i) within the special service district, if the petition is for additional services; or
     (ii) within the area proposed to be annexed, if the petition is for annexation of additional area.
     (b) For purposes of Subsection (3)(a), the owners of taxable property shall be determined according to the assessment roll last completed before the filing of the petition.
     (4) (a) If the governing authority adopts a resolution approving the annexation of additional area, the governing authority shall, within 30 days after adopting the resolution, file a notice with the lieutenant governor.
     (b) The notice required under Subsection (4)(a) shall:
     (i) be accompanied by:
     (A) a copy of the resolution adopted by the governing authority approving the annexation of additional area; and
     (B) a map showing the additional area to be annexed by the special service district, prepared and certified by a licensed surveyor and filed with the county surveyor in accordance with Section 17-23-17; and
     (ii) include a certification by the governing authority that all requirements for the

annexation of the additional area have been complied with.
     (c) Upon the lieutenant governor's issuance of the certificate of boundary change under Section 67-1a-6.5, the additional area that is the subject of the governing authority's resolution is annexed to the special service district.

Amended by Chapter 233, 2005 General Session