Utah Code 10-2-406. Notice of certification — Providing notice of petition

10-2-406. Notice of certification — Providing notice of petition.

(1)

After receipt of the notice of certification from the city recorder or town clerk under Subsection 10-2-405(2)(c)(i), the municipal legislative body shall provide notice:

Terms Used In Utah Code 10-2-406

Affected entity: means :

(i)	a county of the first or second class in whose unincorporated area the area proposed for annexation is located;

(ii)	a county of the third, fourth, fifth, or sixth class in whose unincorporated area the area proposed for annexation is located, if the area includes residents or commercial or industrial development;

(iii)

a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, whose boundary includes any part of an area proposed for annexation;

(iv)	a school district whose boundary includes any part of an area proposed for annexation, if the boundary is proposed to be adjusted as a result of the annexation; and

(v)

a municipality whose boundaries are within 1/2 mile of an area proposed for annexation. See Utah Code 10-2-401

Annexation petition: means a petition under Section 10-2-403 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality. See Utah Code 10-2-401

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Commission: means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located. See Utah Code 10-2-401

Land: includes :Utah Code 68-3-12.5

Municipal: means of or relating to a municipality. See Utah Code 10-1-104

Municipality: means :

(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

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

Unincorporated: means not within a municipality. See Utah Code 10-1-104

(a)

for the area proposed for annexation and the unincorporated area within 1/2 mile of the area proposed for annexation, as a class B notice under Section 63G-30-102, no later than 10 days after the day on which the municipal legislative body receives the notice of certification; and

(b)	within 20 days after the day on which the municipal legislative body receives the notice of certification, by mailing written notice to each affected entity.

(2)

The notice described in Subsection (1) shall:

(a)	state that a petition has been filed with the municipality proposing the annexation of an area to the municipality;

(b)	state the date of the municipal legislative body’s receipt of the notice of certification under Subsection 10-2-405(2)(c)(i);

(c)	describe the area proposed for annexation in the annexation petition;

(d)	state that the complete annexation petition is available for inspection and copying at the office of the city recorder or town clerk;

(e)

state in conspicuous and plain terms that the municipality may grant the petition and annex the area described in the petition unless, within the time required under Subsection 10-2-407(2)(a)(i), a written protest to the annexation petition is filed with the commission and a copy of the protest delivered to the city recorder or town clerk of the proposed annexing municipality;

(f)	state the address of the commission or, if a commission has not yet been created in the county, the county clerk, where a protest to the annexation petition may be filed;

(g)

state that the area proposed for annexation to the municipality will also automatically be 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 proposed annexing municipality 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 area proposed to be annexed to the municipality is not already within the boundaries of the special district; and

(h)

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 or a special district providing law enforcement service, as the case may be, as provided in Subsection 17B-1-502(2), if:

(i)

the petition proposes the annexation of an area that is 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 proposed annexing municipality is not within the boundaries of the special district.

(3)

(a)	The statement required by Subsection (2)(e) shall state the deadline for filing a written protest in terms of the actual date rather than by reference to the statutory citation.

(b)

In addition to the requirements under Subsection (2), a notice under Subsection (1) for a proposed annexation of an area within a county of the first class shall include a statement that a protest to the annexation petition may be filed with the commission by property owners if it contains the signatures of the owners of private real property that:

(i)	is located in the unincorporated area within 1/2 mile of the area proposed for annexation;

(ii)	covers at least 25% of the private land area located in the unincorporated area within 1/2 mile of the area proposed for annexation; and

(iii)

is equal in value to at least 15% of all real property located in the unincorporated area within 1/2 mile of the area proposed for annexation.

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

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