2006 Utah Code - 10-2-425 — Filing of plat or map and amended articles -- Notice requirements -- Effective date of annexation.

     10-2-425.   Filing of plat or map and amended articles -- Notice requirements -- Effective date of annexation.
     (1) Within 30 days after enacting an ordinance annexing an unincorporated area or adjusting a boundary under this part, the municipal legislative body shall:
     (a) send notice of the enactment to each affected entity;
     (b) file with the lieutenant governor:
     (i) a certified copy of the ordinance approving the annexation or boundary adjustment, together with a plat or map prepared by a licensed surveyor, approved by the municipal legislative body, and filed with the county surveyor in accordance with Section 17-23-17, showing the new boundaries of the affected area; and
     (ii) (A) if the municipality has articles of incorporation, amended articles of incorporation reflecting the annexation or boundary adjustment, as provided in Section 10-1-117; or
     (B) if the municipality does not have articles of incorporation, written notice of the adoption of an annexation ordinance, accompanied by a copy of the ordinance; and
     (c) in accordance with Section 26-8a-414, file the documents described in Subsection (1)(b)(i) with the Department of Health.
     (2) If an annexation or boundary adjustment under this part also causes an automatic annexation to a local district under Section 17B-2-515.5 or an automatic withdrawal from a local district under Subsection 17B-2-601(2), the municipal legislative body shall, as soon as practicable after enacting an ordinance annexing an unincorporated area or adjusting a boundary, send notice of the annexation or boundary adjustment to the local district to which the annexed area is automatically annexed or from which the annexed area is automatically withdrawn.
     (3) The municipal legislative body shall comply with the notice requirements of Section 10-1-116.
     (4) Each notice required under Subsections (1) and (3) relating to an annexation shall state the effective date of the annexation, as determined under Subsection (5).
     (5) An annexation under this part is completed and takes effect:
     (a) for the annexation of an area located in a county of the first class:
     (i) July 1 following enactment of an ordinance annexing the unincorporated area if:
     (A) the ordinance is adopted 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 enactment of an ordinance annexing the unincorporated area if:
     (A) the ordinance is adopted 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, the date of the lieutenant governor's issuance of:
     (i) a certification of amended articles under Subsection 10-1-117(3), for an annexation by a municipality that has articles of incorporation and filed with the lieutenant governor amended articles of incorporation under Subsection (1)(a)(iii)(A); or
     (ii) a certificate of annexation under Subsection (1)(b), for an annexation by a municipality that does not have articles of incorporation and filed with the lieutenant governor a notice of adoption of an annexation ordinance under Subsection (1)(a)(iii)(B).

Amended by Chapter 233, 2005 General Session