H.B. 296

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 21, 2003 at 9:38 AM by bhilbert. --> This document includes House Floor Amendments incorporated into the bill on Wed, Mar 5, 2003 at 10:03 PM by kholt. --> 1

MUNICIPAL ANNEXATION AMENDMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: M. Susan Lawrence
5 This act modifies the Utah Municipal Code to require notice of annexations to be sent to
6 affected entities and to provide for the effective date of annexations. h [ The act provides for
7 the date on which the obligation to provide municipal services to the annexed area and on
8 which the authority to collect taxes and fees occurs. ] h h The act requires certain municipalities to
8a submit to the lieutenant governor a notice of adoption of an annexation ordinance. The act makes
8b technical and conforming changes. h
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 10-2-425, as last amended by Chapter 318, Laws of Utah 2000
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 10-2-425 is amended to read:
14 10-2-425. Filing of plat or map and amended articles -- Notice requirements --
15 Effective date of annexation.
16 (1) h (a) h Within 30 days after enacting an ordinance annexing an unincorporated area or
17 adjusting a boundary under this part, the municipal legislative body shall:
18 h [ (a) ] (i) h send notice of the enactment to each affected entity;
19 [(a)] h [ (b) ] (ii) h record with the county recorder a certified copy of the ordinance approving
19a the
20 annexation or boundary adjustment, together with a plat or map prepared by a licensed
21 surveyor and approved by the municipal legislative body, showing the new boundaries of the
22 affected area; and
23 [(b)] h [ (c) ] (iii) h file with the lieutenant governor h :
23a (A) IF THE MUNICIPALITY HAS ARTICLES OF INCORPORATION, h amended articles of

23b incorporation reflecting
24 the annexation or boundary adjustment, as provided in Section 10-1-117 ; OR h

24a h (B) IF THE MUNICIPALITY DOES NOT HAVE ARTICLES OF INCORPORATION, WRITTEN
24b NOTICE OF THE ADOPTION OF AN ANNEXATION ORDINANCE, ACCOMPANIED BY A COPY OF THE
24c ORDINANCE.
24d (b) WITHIN TEN DAYS AFTER RECEIVING A NOTICE OF THE ADOPTION OF AN ANNEXATION
24e ORDINANCE UNDER SUBSECTION (1)(a)(iii)(B), THE LIEUTENANT GOVERNOR SHALL ISSUE A
24f CERTIFICATE OF ANNEXATION AND SEND A COPY OF THE CERTIFICATE TO THE LEGISLATIVE
24g BODY OF THE ANNEXING MUNICIPALITY, THE STATE TAX COMMISSION, THE STATE AUDITOR,
24h AND THE ASSESSOR AND RECORDER OF EACH COUNTY IN WHICH ANY PART OF THE ANNEXED
24i AREA IS LOCATED h .
25 (2) The municipal legislative body shall comply with the notice requirements of
26 Section 10-1-116 .
27 (3) Each notice required under Subsections (1) and (2) relating to an annexation shall

28 state the effective date of the annexation, as determined under Subsection (4).
29 (4) An annexation under this part is completed and takes effect:
30 (a) for the annexation of an area located in a county of the first class:
31 (i) July 1 following enactment of an ordinance annexing the unincorporated area if:
32 (A) the ordinance is adopted during the preceding November 1 through April 30; and
33 (B) the requirements of Subsection (1) are met before that July 1; or
34 (ii) January 1 following enactment of an ordinance annexing the unincorporated area if:
35 (A) the ordinance is adopted during the preceding May 1 through October 31; and
36 (B) the requirements of Subsection (1) are met before that January 1; and
37 (b) for all other annexations, the date of the lieutenant governor's issuance of h ;
37a (i) h a
38 certification of amended articles under Subsection 10-1-117 (3) h , FOR AN ANNEXATION BY A
38a MUNICIPALITY THAT HAS ARTICLES OF INCORPORATION AND FILED WITH THE LIEUTENANT
38b GOVERNOR AMENDED ARTICLES OF INCORPORATION UNDER SUBSECTION (1)(a)(iii)(A); OR
38c (ii) A CERTIFICATE OF ANNEXATION UNDER SUBSECTION (1)(b), FOR AN ANNEXATION BY
38d A MUNICIPALITY THAT DOES NOT HAVE ARTICLES OF INCORPORATION AND FILED WITH THE
38e LIEUTENANT GOVERNOR A NOTICE OF ADOPTION OF AN ANNEXATION ORDINANCE UNDER
38f SUBSECTION (1)(a)(iii)(B) h .
39 h [ (5) Except as provided by agreement between the annexing municipality and the
40 county in which the annexed area is located, the obligation to provide municipal services to the
41 annexed area and the authority to levy and collect ad valorem and other taxes or fees from the
42 area accrues on the effective date of the annexation as provided in Subsection (4). ] h




Legislative Review Note
as of 2-13-03 12:53 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel