10-2-425 - Filing of notice and plat -- Recording and notice requirements -- Effective date of annexation or boundary adjustment.
10-2-425. Filing of notice and plat -- Recording and notice requirements -- Effectivedate of annexation or boundary adjustment.
(1) The legislative body of each municipality that enacts an ordinance under this partapproving the annexation of an unincorporated area or the adjustment of a boundary shall:
(a) within 30 days after enacting the ordinance or, in the case of a boundary adjustment,within 30 days after each of the municipalities involved in the boundary adjustment has enactedan ordinance, file with the lieutenant governor:
(i) a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meetsthe requirements of Subsection 67-1a-6.5(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
(b) upon the lieutenant governor's issuance of a certificate of annexation or boundaryadjustment, as the case may be, under Section 67-1a-6.5:
(i) (A) if the annexed area or area subject to the boundary adjustment is located withinthe boundary of a single county, submit to the recorder of that county:
(I) the original:
(Aa) notice of an impending boundary action;
(Bb) certificate of annexation or boundary adjustment; and
(Cc) approved final local entity plat; and
(II) a certified copy of the ordinance approving the annexation or boundary adjustment;or
(B) if the annexed area or area subject to the boundary adjustment is located within theboundaries of more than a single county:
(I) submit to the recorder of one of those counties:
(Aa) the original of the documents listed in Subsections (1)(b)(i)(A)(I)(Aa), (Bb), and(Cc); and
(Bb) a certified copy of the ordinance approving the annexation or boundary adjustment;and
(II) submit to the recorder of each other county:
(Aa) a certified copy of the documents listed in Subsections (1)(b)(i)(A)(I)(Aa), (Bb),and (Cc); and
(Bb) a certified copy of the ordinance approving the annexation or boundary adjustment;
(ii) send notice of the annexation or boundary adjustment to each affected entity; and
(iii) in accordance with Section 26-8a-414, file with the Department of Health:
(A) a certified copy of the ordinance approving the annexation of an unincorporated areaor the adjustment of a boundary; and
(B) a copy of the approved final local entity plat.
(2) If an annexation or boundary adjustment under this part also causes an automaticannexation to a local district under Section 17B-1-416 or an automatic withdrawal from a localdistrict under Subsection 17B-1-502(2), the municipal legislative body shall, as soon aspracticable after the lieutenant governor issues a certificate of annexation or boundary adjustmentunder Section 67-1a-6.5, send notice of the annexation or boundary adjustment to the localdistrict to which the annexed area is automatically annexed or from which the annexed area isautomatically withdrawn.
(3) Each notice required under Subsection (1) relating to an annexation or boundaryadjustment shall state the effective date of the annexation or boundary adjustment, as determined
under Subsection (4).
(4) An annexation or boundary adjustment under this part is completed and takes effect:
(a) for the annexation of or boundary adjustment affecting an area located in a county ofthe first class, except for an annexation under Section 10-2-418:
(i) July 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of acertificate of annexation or boundary adjustment if:
(A) the certificate is issued during the preceding November 1 through April 30; and
(B) the requirements of Subsection (1) are met before that July 1; or
(ii) January 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of acertificate of annexation or boundary adjustment if:
(A) the certificate is issued during the preceding May 1 through October 31; and
(B) the requirements of Subsection (1) are met before that January 1; and
(b) for all other annexations and boundary adjustments, the date of the lieutenantgovernor's issuance, under Section 67-1a-6.5, of a certificate of annexation or boundaryadjustment.
(5) (a) As used in this Subsection (5):
(i) "Affected area" means:
(A) in the case of an annexation, the annexed area; and
(B) in the case of a boundary adjustment, any area that, as a result of the boundaryadjustment, is moved from within the boundary of one municipality to within the boundary ofanother municipality.
(ii) "Annexing municipality" means:
(A) in the case of an annexation, the municipality that annexes an unincorporated area;and
(B) in the case of a boundary adjustment, a municipality whose boundary includes anaffected area as a result of a boundary adjustment.
(b) The effective date of an annexation or boundary adjustment for purposes of assessingproperty within an affected area is governed by Section 59-2-305.5.
(c) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of therecorder of each county in which the property is located, a municipality may not:
(i) levy or collect a property tax on property within an affected area;
(ii) levy or collect an assessment on property within an affected area; or
(iii) charge or collect a fee for service provided to property within an affected area,unless the municipality was charging and collecting the fee within that area immediately beforeannexation.
Amended by Chapter 350, 2009 General Session