10-2-419.  Boundary adjustment — Notice and hearing — Protest.

(1)  The legislative bodies of two or more municipalities having common boundaries may adjust their common boundaries as provided in this section.

Terms Used In Utah Code 10-2-419

(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
(b) a town, as classified in Section 10-2-301; or
(c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
    • (2)  The legislative body of each municipality intending to adjust a boundary that is common with another municipality shall:

    (a)  adopt a resolution indicating the intent of the municipal legislative body to adjust a common boundary; and

    (b)  hold a public hearing on the proposed adjustment no less than 60 days after the adoption of the resolution under Subsection (2)(a).

    (3)  A legislative body described in Subsection (2) shall provide notice of a public hearing described in Subsection (2)(b):

    (a)  for the municipality, as a class B notice under Section 63G-30-102, for at least three weeks before the day of the public hearing; and

    (b)  if the proposed boundary adjustment may cause any part of real property owned by the state to be within the geographic boundary of a different local governmental entity than before the adjustment, by providing written notice, at least 50 days before the day of the public hearing, to:

    (i)  the title holder of any state-owned real property described in this Subsection (3)(b); and

    (ii)  the Utah State Developmental Center Board, created under Section 26B-1-429, if any state-owned real property described in this Subsection (3)(b) is associated with the Utah State Developmental Center.

    (4)  The notice described in Subsection (3) shall:

    (a)  state that the municipal legislative body has adopted a resolution indicating the municipal legislative body’s intent to adjust a boundary that the municipality has in common with another municipality;

    (b)  describe the area proposed to be adjusted;

    (c)  state the date, time, and place of the public hearing described in Subsection (2)(b);

    (d)  state in conspicuous and plain terms that the municipal legislative body will adjust the boundaries unless, at or before the public hearing described in Subsection (2)(b), a written protest to the adjustment is filed by:

    (i)  an owner of private real property that:

    (A)  is located within the area proposed for adjustment;

    (B)  covers at least 25% of the total private land area within the area proposed for adjustment; and

    (C)  is equal in value to at least 15% of the value of all private real property within the area proposed for adjustment; or

    (ii)  a title holder of state-owned real property described in Subsection (3)(b);

    (e)  state that the area that is the subject of the boundary adjustment will, because of the boundary adjustment, be automatically annexed to a special district providing fire protection, paramedic, and emergency services or a special district providing law enforcement service, as the case may be, as provided in Section 17B-1-416, if:

    (i)  the municipality to which the area is being added because of the boundary adjustment is entirely within the boundaries of a special district:

    (A)  that provides fire protection, paramedic, and emergency services or law enforcement service, respectively; and

    (B)  in the creation of which an election was not required because of Subsection 17B-1-214(3)(c); and

    (ii)  the municipality from which the area is being taken because of the boundary adjustment is not within the boundaries of the special district; and

    (f)  state that the area proposed for annexation to the municipality will be automatically withdrawn from a special district providing fire protection, paramedic, and emergency services, as provided in Subsection 17B-1-502(2), if:

    (i)  the municipality to which the area is being added because of the boundary adjustment is not within the boundaries of a special district:

    (A)  that provides fire protection, paramedic, and emergency services; and

    (B)  in the creation of which an election was not required because of Subsection 17B-1-214(3)(c); and

    (ii)  the municipality from which the area is being taken because of the boundary adjustment is entirely within the boundaries of the special district.

    (5)  Upon conclusion of the public hearing described in Subsection (2)(b), the municipal legislative body may adopt an ordinance approving the adjustment of the common boundary unless, at or before the hearing described in Subsection (2)(b), a written protest to the adjustment is filed with the city recorder or town clerk by a person described in Subsection (3)(b)(i) or (ii).

    (6)  The municipal legislative body shall comply with the requirements of Section 10-2-425 as if the boundary adjustment were an annexation.

    (7) 

    (a)  An ordinance adopted under Subsection (5) becomes effective when each municipality involved in the boundary adjustment has adopted an ordinance under Subsection (5).

    (b)  The effective date of a boundary adjustment under this section is governed by Section 10-2-425.

    Amended by Chapter 16, 2023 General Session
    Amended by Chapter 139, 2023 General Session
    Amended by Chapter 327, 2023 General Session
    Amended by Chapter 435, 2023 General Session

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