10-2-808. Notice of certification -- Providing notice of petition.

595 words·~3 min read·/ut/title-10/chapter-2/10-2-808

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Effective 5/7/2025

(a)After the day of certification as described in Subsection 10-2-807(3) and within the time described in Subsection (1)(b), the municipal legislative body shall provide notice:

(i)for the area proposed for annexation and any unincorporated area within 1/2 mile of the area proposed for annexation, as a class B notice under Section 63G-30-102 ; and

(ii)by mailing written notice to each affected entity.

(b)The municipal legislative body shall provide the notice:

(i)described in Subsection (1)(a)(i) no later than 10 days after the day of certification; and

(ii)described in Subsection (1)(a)(ii) no later than 20 days after the day of certification.

(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 day of certification;

(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 municipal records officer;

(e)state in conspicuous and plain terms that the municipality may grant the petition and annex the area described in the petition unless, no later than 30 days after the day of certification:

(i)a written protest to the annexation petition is filed with the boundary commission; and

(ii)a copy of the written protest is delivered to the municipal records officer of the proposed annexing municipality;

(i)state the address of the boundary commission where a protest to the annexation petition may be filed; or

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

(g)provide brief instructions on how to file a protest to the annexation petition or a link to a webpage that contains instructions on how to file a protest to the annexation petition;

(h)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

(i)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)The statement required by Subsection (2)(e) shall state the deadline for filing a written protest in terms of the actual date, not by reference to the statutory citation.

Renumbered and Amended by Chapter 399 , 2025 General Session