17B-1-414 - Resolution approving an annexation -- Filing of notice and plat with lieutenant governor -- Recording requirements -- Effective date.
17B-1-414. Resolution approving an annexation -- Filing of notice and plat withlieutenant governor -- Recording requirements -- Effective date.
(1) (a) Subject to Subsection (1)(b), the local district board shall adopt a resolutionapproving the annexation of the area proposed to be annexed or rejecting the proposedannexation within 30 days after:
(i) expiration of the protest period under Subsection 17B-1-412(2), if sufficient proteststo require an election are not filed;
(ii) for a petition that meets the requirements of Subsection 17B-1-413(1):
(A) a public hearing under Section 17B-1-409 is held, if the board chooses or is requiredto hold a public hearing under Subsection 17B-1-413(2)(a)(ii); or
(B) expiration of the time for submitting a request for public hearing under Subsection17B-1-413(2)(a)(ii)(B), if no request is submitted and the board chooses not to hold a publichearing.
(b) If the local district has entered into an agreement with the United States that requiresthe consent of the United States for an annexation of territory to the district, a resolutionapproving annexation under this part may not be adopted until the written consent of the UnitedStates is obtained and filed with the board of trustees.
(2) (a) (i) Within the time specified under Subsection (2)(a)(ii), the board shall file withthe lieutenant governor:
(A) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5,that meets the requirements of Subsection 67-1a-6.5(3) and, if applicable, Subsection (2)(b); and
(B) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5.
(ii) The board shall file the documents listed in Subsection (2)(a)(i) with the lieutenantgovernor:
(A) within 30 days after adoption of a resolution under Subsection (1), Subsection17B-1-412(3)(c)(i), or Section 17B-1-415; and
(B) as soon as practicable after receiving the notice under Subsection 10-2-425(2) of amunicipal annexation that causes an automatic annexation to a local district under Section17B-1-416.
(b) For an automatic annexation to a local district under Section 17B-1-416, the notice ofan impending boundary action required under Subsection (2)(a) shall state that an area outsidethe boundaries of the local district is being automatically annexed to the local district underSection 17B-1-416 because of a municipal annexation under Title 10, Chapter 2, Part 4,Annexation.
(c) Upon the lieutenant governor's issuance of a certificate of annexation under Section67-1a-6.5, the board shall:
(i) if the annexed area is located within the boundary of a single county, submit to therecorder of that county:
(A) the original:
(I) notice of an impending boundary action;
(II) certificate of annexation; and
(III) approved final local entity plat; and
(B) a certified copy of the annexation resolution; or
(ii) if the annexed area is located within the boundaries of more than a single county:
(A) submit to the recorder of one of those counties:
(I) the original of the documents listed in Subsections (2)(c)(i)(A)(I), (II), and (III); and
(II) a certified copy of the annexation resolution; and
(B) submit to the recorder of each other county:
(I) a certified copy of the documents listed in Subsection (2)(c)(i)(A)(I), (II), and (III);and
(II) a certified copy of the annexation resolution.
(3) (a) As used in this Subsection (3), "fire district annexation" means an annexationunder this part of an area located in a county of the first class to a local district:
(i) created to provide 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).
(b) An annexation under this part is complete and becomes effective:
(i) (A) on July 1 for a fire district annexation, if the lieutenant governor issues thecertificate of annexation under Section 67-1a-6.5 from January 1 through June 30; or
(B) on January 1 for a fire district annexation, if the lieutenant governor issues thecertificate of annexation under Section 67-1a-6.5 from July 1 through December 31; or
(ii) upon the lieutenant governor's issuance of the certificate of annexation under Section67-1a-6.5, for any other annexation.
(c) (i) The effective date of a local district annexation for purposes of assessing propertywithin the annexed area is governed by Section 59-2-305.5.
(ii) Until the documents listed in Subsection (2)(c) are recorded in the office of therecorder of each county in which the property is located, a local district may not:
(A) levy or collect a property tax on property within the annexed area;
(B) levy or collect an assessment on property within the annexed area; or
(C) charge or collect a fee for service provided to property within the annexed area.
(iii) Subsection (3)(c)(ii)(C):
(A) may not be construed to limit a local district's ability before annexation to charge andcollect a fee for service provided to property that is outside the local district's boundary; and
(B) does not apply until 60 days after the effective date, under Subsection (3)(b), of thelocal district's annexation, with respect to a fee that the local district was charging for serviceprovided to property within the annexed area immediately before the area was annexed to thelocal district.
Amended by Chapter 350, 2009 General Session