H.B. 296

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. 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.
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) 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 (a) send notice of the enactment to each affected entity;
19 [(a)] (b) record with the county recorder a certified copy of the ordinance approving 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)] (c) file with the lieutenant governor amended articles of incorporation reflecting
24 the annexation or boundary adjustment, as provided in Section 10-1-117 .
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 a
38 certification of amended articles under Subsection 10-1-117 (3).
39 (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).




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