17B-1-406. Notice to county and municipality — Exception.
(1)
Except as provided in Subsection (2), within 10 days after certifying a petition under Subsection 17B-1-405(1)(b) the board of trustees of the proposed annexing special district shall mail or deliver a written notice of the proposed annexation, with a copy of the certification and a copy of the petition, to the legislative body of each:
Terms Used In Utah Code 17B-1-406
Municipality: means a city, town, or metro township. See Utah Code 17B-1-102
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:
Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
(a)
county in whose unincorporated area any part of the area proposed for annexation is located; and
(b)
municipality in which any part of the area proposed for annexation is located.
(2)
The board is not required to send a notice under Subsection (1) to:
(a)
a county or municipality that does not provide the service proposed to be provided by the special district; or
(b)
a county or municipality whose legislative body has adopted an ordinance or resolution waiving the notice requirement as to:
(i)
the proposed annexing special district; or
(ii)
the service that the proposed annexing special district provides.
(3)
For purposes of this section, an area proposed to be annexed to a municipality in a petition under Section 10-2-403 filed before and still pending at the time of the filing of a petition under Subsection 17B-1-403(1)(a) and an area included within a municipality’s annexation policy plan under Section 10-2-401.5 shall be considered to be part of that municipality.
