1     
BOUNDARY ADJUSTMENT NOTICE AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Daniel McCay

6     

7     LONG TITLE
8     General Description:
9          This bill extends the deadline for a requirement that municipalities make a certain filing
10     with the lieutenant governor regarding an annexation or boundary adjustment.
11     Highlighted Provisions:
12          This bill:
13          ▸     extends the deadline for a requirement that municipalities make a certain filing with
14     the lieutenant governor regarding an annexation or boundary adjustment; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          10-2-425, as last amended by Laws of Utah 2015, Chapter 352
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 10-2-425 is amended to read:
26          10-2-425. Filing of notice and plat -- Recording and notice requirements --
27     Effective date of annexation or boundary adjustment.
28          (1) The legislative body of each municipality that enacts an ordinance under this part
29     approving the annexation of an unincorporated area or the adjustment of a boundary, or the
30     legislative body of an eligible city, as defined in Section 10-2a-403, that annexes an
31     unincorporated island upon the results of an election held in accordance with Section
32     10-2a-404, shall:
33          (a) within [30] 60 days after enacting the ordinance or the day of the election or, in the
34     case of a boundary adjustment, within [30] 60 days after each of the municipalities involved in
35     the boundary adjustment has enacted an ordinance, file with the lieutenant governor:
36          (i) a notice of an impending boundary action, as defined in Section 67-1a-6.5, that
37     meets the requirements of Subsection 67-1a-6.5(3); and
38          (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; [and]
39          (b) upon the lieutenant governor's issuance of a certificate of annexation or boundary
40     adjustment, as the case may be, under Section 67-1a-6.5:
41          (i) [(A)] if the annexed area or area subject to the boundary adjustment is located
42     within the boundary of a single county, submit to the recorder of that county[:(I) ] the original[:
43     (Aa)] notice of an impending boundary action[; (Bb)], the original certificate of annexation or
44     boundary adjustment[; and (Cc)], the original approved final local entity plat[; and (II)], and a
45     certified copy of the ordinance approving the annexation or boundary adjustment; or
46          [(B)] (ii) if the annexed area or area subject to the boundary adjustment is located
47     within the boundaries of more than a single county:
48          [(I)] (A) submit to the recorder of one of those counties[:] the original notice of
49     impending boundary action, the original certificate of annexation or boundary adjustment, and
50     the original approved final local entity plat;
51          [(Aa) the original of the documents listed in Subsections (1)(b)(i)(A)(I)(Aa), (Bb), and
52     (Cc); and]
53          [(Bb) a certified copy of the ordinance approving the annexation or boundary
54     adjustment; and]
55          [(II)] (B) submit to the recorder of each other county[:(Aa)] a certified copy of the
56     documents listed in [Subsections (1)(b)(i)(A)(I)(Aa), (Bb), and (Cc)] Subsection (1)(b)(ii)(A);
57     and
58          [(Bb)] (C) submit a certified copy of the ordinance approving the annexation or
59     boundary adjustment[;] to each county described in Subsections (1)(b)(ii)(A) and (B); and
60          (c) concurrently with Subsection (1)(b):
61          [(ii)] (i) send notice of the annexation or boundary adjustment to each affected entity;
62     and
63          [(iii)] (ii) in accordance with Section 26-8a-414, file with the Department of Health:
64          (A) a certified copy of the ordinance approving the annexation of an unincorporated
65     area or the adjustment of a boundary; and
66          (B) a copy of the approved final local entity plat.
67          (2) If an annexation or boundary adjustment under this part or Chapter 2a, Part 4,
68     Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class
69     on and after May 12, 2015, also causes an automatic annexation to a local district under
70     Section 17B-1-416 or an automatic withdrawal from a local district under Subsection
71     17B-1-502(2), the municipal legislative body shall, as soon as practicable after the lieutenant
72     governor issues a certificate of annexation or boundary adjustment under Section 67-1a-6.5,
73     send notice of the annexation or boundary adjustment to the local district to which the annexed
74     area is automatically annexed or from which the annexed area is automatically withdrawn.
75          (3) Each notice required under Subsection (1) relating to an annexation or boundary
76     adjustment shall state the effective date of the annexation or boundary adjustment, as
77     determined under Subsection (4).
78          (4) An annexation or boundary adjustment under this part is completed and takes
79     effect:
80          (a) for the annexation of or boundary adjustment affecting an area located in a county
81     of the first class, except for an annexation under Section 10-2-418:
82          (i) July 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a
83     certificate of annexation or boundary adjustment if:
84          (A) the certificate is issued during the preceding November 1 through April 30; and
85          (B) the requirements of Subsection (1) are met before that July 1; or
86          (ii) January 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a
87     certificate of annexation or boundary adjustment if:
88          (A) the certificate is issued during the preceding May 1 through October 31; and
89          (B) the requirements of Subsection (1) are met before that January 1; and
90          (b) subject to Subsection (5), for all other annexations and boundary adjustments, the
91     date of the lieutenant governor's issuance, under Section 67-1a-6.5, of a certificate of
92     annexation or boundary adjustment.
93          (5) If an annexation of an unincorporated island is based upon the results of an election
94     held in accordance with Section 10-2a-404:
95          (a) the county and the annexing municipality may agree to a date on which the
96     annexation is complete and takes effect; and
97          (b) the lieutenant governor shall issue, under Section 67-1a-6.5, a certification of
98     annexation on the date agreed to under Subsection (5)(a).
99          (6) (a) As used in this Subsection (6):
100          (i) "Affected area" means:
101          (A) in the case of an annexation, the annexed area; and
102          (B) in the case of a boundary adjustment, any area that, as a result of the boundary
103     adjustment, is moved from within the boundary of one municipality to within the boundary of
104     another municipality.
105          (ii) "Annexing municipality" means:
106          (A) in the case of an annexation, the municipality that annexes an unincorporated area;
107     and
108          (B) in the case of a boundary adjustment, a municipality whose boundary includes an
109     affected area as a result of a boundary adjustment.
110          (b) The effective date of an annexation or boundary adjustment for purposes of
111     assessing property within an affected area is governed by Section 59-2-305.5.
112          (c) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the
113     recorder of each county in which the property is located, a municipality may not:
114          (i) levy or collect a property tax on property within an affected area;
115          (ii) levy or collect an assessment on property within an affected area; or
116          (iii) charge or collect a fee for service provided to property within an affected area,
117     unless the municipality was charging and collecting the fee within that area immediately before
118     annexation.