17B-1-406 - Notice to county and municipality -- Exception.
17B-1-406. Notice to county and municipality -- Exception.
(1) Except as provided in Subsection (2), within 10 days after certifying a petition underSubsection 17B-1-405(1)(b) the board of trustees of the proposed annexing local district shallmail or deliver a written notice of the proposed annexation, with a copy of the certification and acopy of the petition, to the legislative body of each:
(a) county in whose unincorporated area any part of the area proposed for annexation islocated; and
(b) municipality in which any part of the area proposed for annexation is located.
(2) The board is not required to send a notice under Subsection (1) to:
(a) a county or municipality that does not provide the service proposed to be provided bythe local district; or
(b) a county or municipality whose legislative body has adopted an ordinance orresolution waiving the notice requirement as to:
(i) the proposed annexing local district; or
(ii) the service that the proposed annexing local district provides.
(3) For purposes of this section, an area proposed to be annexed to a municipality in apetition under Section 10-2-403 filed before and still pending at the time of the filing of apetition under Subsection 17B-1-403(1)(a) and an area included within a municipality'sannexation policy plan under Section 10-2-401.5 shall be considered to be part of thatmunicipality.
Renumbered and Amended by Chapter 329, 2007 General Session