17B-1-406. Notice to county and municipality -- Exception.

240 words·~1 min read·/ut/title-17b/chapter-1/17b-1-406

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(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:

(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 (2)(a) or

(c)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.

Amended by Chapter 388 , 2024 General Session