10-2-419 - Boundary adjustment -- Notice and hearing -- Protest.
10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
(1) The legislative bodies of two or more municipalities having common boundaries mayadjust their common boundaries as provided in this section.
(2) (a) The legislative body of each municipality intending to adjust a boundary that iscommon with another municipality shall:
(i) adopt a resolution indicating the intent of the municipal legislative body to adjust acommon boundary;
(ii) hold a public hearing on the proposed adjustment no less than 60 days after theadoption of the resolution under Subsection (2)(a)(i); and
(iii) (A) publish notice:
(I) at least once a week for three successive weeks in a newspaper of general circulationwithin the municipality; or
(II) if there is no newspaper of general circulation within the municipality, post at leastone notice per 1,000 population in places within the municipality that are most likely to givenotice to residents of the municipality; and
(B) on the Utah Public Notice Website created in Section 63F-1-701 for three weeks.
(b) The notice required under Subsection (2)(a)(iii) shall:
(i) state that the municipal legislative body has adopted a resolution indicating themunicipal legislative body's intent to adjust a boundary that the municipality has in common withanother municipality;
(ii) describe the area proposed to be adjusted;
(iii) state the date, time, and place of the public hearing required under Subsection(2)(a)(ii);
(iv) state in conspicuous and plain terms that the municipal legislative body will adjustthe boundaries unless, at or before the public hearing under Subsection (2)(a)(ii), written proteststo the adjustment are filed by the owners of private real property that:
(A) is located within the area proposed for adjustment;
(B) covers at least 25% of the total private land area within the area proposed foradjustment; and
(C) is equal in value to at least 15% of the value of all private real property within thearea proposed for adjustment;
(v) state that the area that is the subject of the boundary adjustment will, because of theboundary adjustment, be automatically annexed to a local district providing fire protection,paramedic, and emergency services or a local district providing law enforcement service, as thecase may be, as provided in Section 17B-1-416, if:
(A) the municipality to which the area is being added because of the boundaryadjustment is entirely within the boundaries of a local 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 municipality from which the area is being taken because of the boundaryadjustment is not within the boundaries of the local district; and
(vi) state that the area proposed for annexation to the municipality will be automaticallywithdrawn from a local district providing fire protection, paramedic, and emergency services, as
provided in Subsection 17B-1-502(2), if:
(A) the municipality to which the area is being added because of the boundaryadjustment is not within the boundaries of a local district:
(I) that provides fire protection, paramedic, and emergency services; and
(II) in the creation of which an election was not required because of Subsection17B-1-214(3)(c); and
(B) the municipality from which the area is being taken because of the boundaryadjustment is entirely within the boundaries of the local district.
(c) The first publication of the notice required under Subsection (2)(a)(iii)(A) shall bewithin 14 days of the municipal legislative body's adoption of a resolution under Subsection(2)(a)(i).
(3) Upon conclusion of the public hearing under Subsection (2)(a)(ii), the municipallegislative body may adopt an ordinance approving the adjustment of the common boundaryunless, at or before the hearing under Subsection (2)(a)(ii), written protests to the adjustmenthave been filed with the city recorder or town clerk, as the case may be, by the owners of privatereal property that:
(a) is located within the area proposed for adjustment;
(b) covers at least 25% of the total private land area within the area proposed foradjustment; and
(c) is equal in value to at least 15% of the value of all private real property within thearea proposed for adjustment.
(4) The municipal legislative body shall comply with the requirements of Section10-2-425 as if the boundary adjustment were an annexation.
(5) (a) An ordinance adopted under Subsection (3) becomes effective when eachmunicipality involved in the boundary adjustment has adopted an ordinance under Subsection(3).
(b) The effective date of a boundary adjustment under this section is governed by Section10-2-425.
Amended by Chapter 90, 2010 General Session