State Codes and Statutes
Statutes > Utah > Title-10 > Chapter-02 > 10-2-40610-2-406. Notice of certification -- Publishing and providing notice of petition.
(1) After receipt of the notice of certification from the city recorder or town clerk underSubsection 10-2-405(2)(c)(i), the municipal legislative body shall:
(a) (i) publish a notice:
(A) at least once a week for three successive weeks, beginning no later than 10 days afterreceipt of the notice of certification, in a newspaper of general circulation within:
(I) the area proposed for annexation; and
(II) the unincorporated area within 1/2 mile of the area proposed for annexation; and
(B) in accordance with Section 45-1-101, for three weeks, beginning no later than 10days after receipt of the notice of certification; and
(ii) in accordance with Subsection (1)(a)(i)(A), if there is no newspaper of generalcirculation within those areas, post written notices in conspicuous places within those areas thatare most likely to give notice to residents within those areas; and
(b) within 20 days of receipt of the notice of certification under Subsection10-2-405(2)(c)(i), mail written notice to each affected entity.
(2) (a) The notice under Subsections (1)(a) and (b) shall:
(i) state that a petition has been filed with the municipality proposing the annexation ofan area to the municipality;
(ii) state the date of the municipal legislative body's receipt of the notice of certificationunder Subsection 10-2-405(2)(c)(i);
(iii) describe the area proposed for annexation in the annexation petition;
(iv) state that the complete annexation petition is available for inspection and copying atthe office of the city recorder or town clerk;
(v) state in conspicuous and plain terms that the municipality may grant the petition andannex the area described in the petition unless, within the time required under Subsection10-2-407(2)(a)(i)(A), a written protest to the annexation petition is filed with the commission anda copy of the protest delivered to the city recorder or town clerk of the proposed annexingmunicipality;
(vi) state the address of the commission or, if a commission has not yet been created inthe county, the county clerk, where a protest to the annexation petition may be filed;
(vii) state that the area proposed for annexation to the municipality will alsoautomatically be annexed to a local district providing fire protection, paramedic, and emergencyservices or a local district providing law enforcement service, as the case may be, as provided inSection 17B-1-416, if:
(A) the proposed annexing municipality is entirely within the boundaries of a localdistrict:
(I) that provides fire protection, paramedic, and emergency services or law enforcementservice, respectively; and
(II) in the creation of which an election was not required because of Subsection17B-1-214(3)(c); and
(B) the area proposed to be annexed to the municipality is not already within theboundaries of the local district; and
(viii) state that the area proposed for annexation to the municipality will be automaticallywithdrawn from a local district providing fire protection, paramedic, and emergency services or alocal district providing law enforcement service, as the case may be, as provided in Subsection
17B-1-502(2), if:
(A) the petition proposes the annexation of an area that is within the boundaries of alocal district:
(I) that provides fire protection, paramedic, and emergency services or law enforcementservice, respectively; and
(II) in the creation of which an election was not required because of Subsection17B-1-214(3)(c); and
(B) the proposed annexing municipality is not within the boundaries of the local district.
(b) The statement required by Subsection (2)(a)(v) shall state the deadline for filing awritten protest in terms of the actual date rather than by reference to the statutory citation.
(c) In addition to the requirements under Subsection (2)(a), a notice under Subsection(1)(a) for a proposed annexation of an area within a county of the first class shall include astatement that a protest to the annexation petition may be filed with the commission by propertyowners 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 forannexation;
(ii) covers at least 25% of the private land area located in the unincorporated area within1/2 mile of the area proposed for annexation; and
(iii) is equal in value to at least 15% of all real property located in the unincorporatedarea within 1/2 mile of the area proposed for annexation.
Amended by Chapter 218, 2009 General Session
Amended by Chapter 388, 2009 General Session
