2006 Utah Code - 17B-2-516 — Boundary adjustment -- Notice and hearing -- Protest -- Resolution adjusting boundaries -- Notice of the adjustment -- Notice to lieutenant governor.

     17B-2-516.   Boundary adjustment -- Notice and hearing -- Protest -- Resolution adjusting boundaries -- Notice of the adjustment -- Notice to lieutenant governor.
     (1) As used in this section, "affected area" means the area located within the boundaries of one local district that will be removed from that local district and included within the boundaries of another local district because of a boundary adjustment under this section.
     (2) The boards of trustees of two or more local 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 local district intending to adjust a boundary that is common with another local 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) (A) (I) publish notice once a week for two successive weeks in a newspaper of general circulation within the local district; or
     (II) if there is no newspaper of general circulation within the local district, post notice in at least four conspicuous places within the local district; or
     (B) mail a notice to each owner of property located within the affected area and to each registered voter residing within the affected area.
     (b) The notice required under Subsection (3)(a)(iii) shall:
     (i) state that the board of trustees of the local district has adopted a resolution indicating the board's intent to adjust a boundary that the local district has in common with another local district that provides the same service as the local 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 local 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 first publication of the notice required under Subsection (3)(a)(iii)(A) shall be
within 14 days after the board's adoption of a resolution under Subsection (3)(a)(i).
     (d) The boards of trustees of the local districts whose boundaries are being adjusted may jointly:

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     (i) publish, post, or mail 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 local district whose boundaries are being adjusted has adopted a resolution under Subsection (4).
     (6) (a) Within 30 days after the resolutions take effect under Subsection (5), the board of the local district whose boundaries are being adjusted to include the affected area shall file a notice with the lieutenant governor.
     (b) The notice required under Subsection (6)(a) shall:
     (i) be accompanied by:
     (A) a copy of each of the board resolutions approving the boundary adjustment; and
     (B) an accurate map depicting the affected area or a legal description of the affected area, adequate for purposes of the county assessor and recorder; and
     (ii) include a certification by the board of the local district whose boundaries are being adjusted to include the affected area that all requirements for the boundary adjustment have been complied with.
     (7) Upon the lieutenant governor's issuance of a certificate of boundary change under Section 67-1a-6.5, the affected area is annexed to the local district whose boundaries are being adjusted to include the affected area, and the affected area is withdrawn from the local district whose boundaries are being adjusted to exclude the affected area.

Amended by Chapter 233, 2005 General Session