United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2-813

An applicable legislative body must file and record annexation or boundary-adjustment documents, give required notices, and include the effective date in those notices.

Source excerpt

annexationannexation noticeassessmentsboundary adjustmentboundary adjustment noticeboundary adjustmentsfeesfees for servicelocal government filingslocal taxationnotice filingproperty assessmentproperty taxrecording requirementstax collection

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“An applicable legislative body must file and record annexation or boundary-adjustment documents, give required notices, and include the effective date in those notices.”

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Filing of notice and plat -- Recording and notice requirements -- Effective date of annexation or boundary adjustment.

An applicable legislative body must file and record annexation or boundary-adjustment documents, give required notices, and include the effective date in those notices.

Section 10-2-813

Subsection 10-2-813(1)(b)(ii)

If an annexed area or boundary-adjustment area is in more than one county, the submitting person must file specified original or certified documents with the county recorders of the affected counties.

Section 10-2-813(1)(b)(ii)

Subsection 10-2-813(2)

If an annexation or boundary adjustment also triggers an automatic special-district change, the municipal legislative body must send notice to the affected special district as soon as practicable after the lieutenant governor issues the certificate.

Section 10-2-813(2)

Subsection 10-2-813(4)(a)(ii)(A)

the certificate is issued during the preceding May 1 through October 31; and

Section 10-2-813(4)(a)(ii)(A)

Subsection 10-2-813(5)(b)(iii)

A municipality may not charge or collect a fee for service provided to property in an affected area, unless it was already charging and collecting that fee there immediately before annexation.

Section 10-2-813(5)(b)(iii)

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Showing 34 of 34 provisions

Provision 34

Part 10-2-8

part 10-2-8 Annexation

§ 10-2-813Filing of notice and plat -- Recording and notice requirements -- Effective date of annexation or boundary adjustment.Provision

Source excerpt

An applicable legislative body must file and record annexation or boundary-adjustment documents, give required notices, and include the effective date in those notices.

Filing of notice and plat -- Recording and notice requirements -- Effective date of annexation or boundary adjustment. An applicable legislative body shall: within 60 days after an annexation action, file with the lieutenant governor: 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) ; a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and if applicable, a copy of a resolution under Subsection 10-2-814(2)(b) ; upon the lieutenant governor's issuance of a certificate of annexation or boundary adjustment, as the case may be, under Section 67-1a-6.5 : if the annexed area or area subject to the boundary adjustment is located within the boundary of a single county, submit to the recorder of that county the original notice of an impending boundary action, the original certificate of annexation or boundary adjustment, the original approved final local entity plat, and a certified copy of the ordinance approving the annexation or boundary adjustment; or if the annexed area or area subject to the boundary adjustment is located within the boundaries of more than a single county: submit to the recorder of one of the affected counties the original notice of impending boundary action, the original certificate of annexation or boundary adjustment, and the original approved final local entity plat; submit to the recorder of each other affected county a certified copy of the documents listed in Subsection (1)(b)(ii)(A) ; and submit a certified copy of the ordinance approving the annexation or boundary adjustment to each county described in Subsections (1)(b)(ii)(A) and (B) ; and concurrently with Subsection (1)(b) : send notice of the annexation or boundary adjustment to each affected entity; and in accordance with Section 53-2d-514 , file with the Bureau of Emergency Medical Services: a certified copy of the ordinance approving the annexation of an unincorporated area or the adjustment of a boundary, if applicable; and a copy of the approved final local entity plat. If an annexation under this part or a boundary adjustment under Part 9, Municipal Boundary Adjustments, also causes an automatic annexation to a special district under Section 17B-1-416 or an automatic withdrawal from a special district under Subsection 17B-1-502(2) , the municipal legislative body shall, as soon as practicable after the lieutenant governor issues a certificate of annexation or boundary adjustment under Section 67-1a-6.5 , send notice of the annexation or boundary adjustment to the special district to which the annexed area is automatically annexed or from which the annexed area is automatically withdrawn. Each notice required under Subsection (1) relating to an annexation or boundary adjustment shall state the effective date of the annexation or boundary adjustment, as determined under Subsection (4) . An annexation under this part or a boundary adjustment under Part 9, Municipal Boundary Adjustments, is completed and takes effect: for the annexation of or boundary adjustment affecting an area located in a county of the first class, except for an annexation under Section 10-2-812 : July 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a certificate of annexation or boundary adjustment if: the certificate is issued during the preceding November 1 through April 30; and the requirements of Subsection (1) are met before that July 1; or January 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a certificate of annexation or boundary adjustment if: the certificate is issued during the preceding May 1 through October 31; and the requirements of Subsection (1) are met before that January 1; and subject to Subsection (5) , for all other annexations and boundary adjustments, the date of the lieutenant governor's issuance, under Section 67-1a-6.5 , of a certificate of annexation or boundary adjustment. The effective date of an annexation or boundary adjustment for purposes of assessing property within an affected area is governed by Section 59-2-305.5 . Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the recorder of each county in which the property is located, a municipality may not: levy or collect a property tax on property within an affected area; levy or collect an assessment on property within an affected area; or 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 before annexation.

Section 10-2-813Verify source

§ 10-2-813(1)Subsection 10-2-813(1)Provision

Source excerpt

An applicable legislative body shall: within 60 days after an annexation action, file with the lieutenant governor: 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) ; a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and if applicable, a copy of a resolution under Subsection 10-2-814(2)(b) ; upon the lieutenant governor's issuance of a certificate of annexation or boundary adjustment, as the case may be, under Section 67-1a-6.5 : if the annexed area or area subject to the boundary adjustment is located within the boundary of a single county, submit to the recorder of that county the original notice of an impending boundary action, the original certificate of annexation or boundary adjustment, the original approved final local entity plat, and a certified copy of the ordinance approving the annexation or boundary adjustment; or if the annexed area or area subject to the boundary adjustment is located within the boundaries of more than a single county: submit to the recorder of one of the affected counties the original notice of impending boundary action, the original certificate of annexation or boundary adjustment, and the original approved final local entity plat; submit to the recorder of each other affected county a certified copy of the documents listed in Subsection (1)(b)(ii)(A) ; and submit a certified copy of the ordinance approving the annexation or boundary adjustment to each county described in Subsections (1)(b)(ii)(A) and (B) ; and concurrently with Subsection (1)(b) : send notice of the annexation or boundary adjustment to each affected entity; and in accordance with Section 53-2d-514 , file with the Bureau of Emergency Medical Services: a certified copy of the ordinance approving the annexation of an unincorporated area or the adjustment of a boundary, if applicable; and a copy of the approved final local entity plat.

Section 10-2-813(1)Verify source

§ 10-2-813(1)(a)Subsection 10-2-813(1)(a)Provision

Source excerpt

Within 60 days after an annexation action, the filing must be made with the lieutenant governor.

within 60 days after an annexation action, file with the lieutenant governor: 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) ; a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and if applicable, a copy of a resolution under Subsection 10-2-814(2)(b) ;

Section 10-2-813(1)(a)Verify source

§ 10-2-813(1)(a)(i)Subsection 10-2-813(1)(a)(i)Provision

Source excerpt

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) ;

Section 10-2-813(1)(a)(i)Verify source

§ 10-2-813(1)(a)(ii)Subsection 10-2-813(1)(a)(ii)Provision

Source excerpt

a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and

Section 10-2-813(1)(a)(ii)Verify source

§ 10-2-813(1)(a)(iii)Subsection 10-2-813(1)(a)(iii)Provision

Source excerpt

if applicable, a copy of a resolution under Subsection 10-2-814(2)(b) ;

Section 10-2-813(1)(a)(iii)Verify source

§ 10-2-813(1)(b)Subsection 10-2-813(1)(b)Provision

Source excerpt

After a certificate of annexation or boundary adjustment is issued, the required documents must be submitted to the county recorder(s) depending on whether the area is in one county or multiple counties.

upon the lieutenant governor's issuance of a certificate of annexation or boundary adjustment, as the case may be, under Section 67-1a-6.5 : if the annexed area or area subject to the boundary adjustment is located within the boundary of a single county, submit to the recorder of that county the original notice of an impending boundary action, the original certificate of annexation or boundary adjustment, the original approved final local entity plat, and a certified copy of the ordinance approving the annexation or boundary adjustment; or if the annexed area or area subject to the boundary adjustment is located within the boundaries of more than a single county: submit to the recorder of one of the affected counties the original notice of impending boundary action, the original certificate of annexation or boundary adjustment, and the original approved final local entity plat; submit to the recorder of each other affected county a certified copy of the documents listed in Subsection (1)(b)(ii)(A) ; and submit a certified copy of the ordinance approving the annexation or boundary adjustment to each county described in Subsections (1)(b)(ii)(A) and (B) ; and

Section 10-2-813(1)(b)Verify source

§ 10-2-813(1)(b)(i)Subsection 10-2-813(1)(b)(i)Provision

Source excerpt

if the annexed area or area subject to the boundary adjustment is located within the boundary of a single county, submit to the recorder of that county the original notice of an impending boundary action, the original certificate of annexation or boundary adjustment, the original approved final local entity plat, and a certified copy of the ordinance approving the annexation or boundary adjustment; or

Section 10-2-813(1)(b)(i)Verify source

§ 10-2-813(1)(b)(ii)Subsection 10-2-813(1)(b)(ii)Provision

Source excerpt

if the annexed area or area subject to the boundary adjustment is located within the boundaries of more than a single county: submit to the recorder of one of the affected counties the original notice of impending boundary action, the original certificate of annexation or boundary adjustment, and the original approved final local entity plat; submit to the recorder of each other affected county a certified copy of the documents listed in Subsection (1)(b)(ii)(A) ; and submit a certified copy of the ordinance approving the annexation or boundary adjustment to each county described in Subsections (1)(b)(ii)(A) and (B) ; and

Section 10-2-813(1)(b)(ii)Verify source

§ 10-2-813(1)(b)(ii)(A)Subsection 10-2-813(1)(b)(ii)(A)Provision

Source excerpt

The recorder of an affected county must receive the original boundary-action notice, the original annexation or boundary-adjustment certificate, and the original approved final local entity plat.

submit to the recorder of one of the affected counties the original notice of impending boundary action, the original certificate of annexation or boundary adjustment, and the original approved final local entity plat;

Section 10-2-813(1)(b)(ii)(A)Verify source

§ 10-2-813(1)(b)(ii)(B)Subsection 10-2-813(1)(b)(ii)(B)Provision

Source excerpt

Submit a certified copy of the documents listed in Subsection (1)(b)(ii)(A) to the recorder of each other affected county.

submit to the recorder of each other affected county a certified copy of the documents listed in Subsection (1)(b)(ii)(A) ; and

Section 10-2-813(1)(b)(ii)(B)Verify source

§ 10-2-813(1)(b)(ii)(C)Subsection 10-2-813(1)(b)(ii)(C)Provision

Source excerpt

Submit a certified copy of the ordinance approving the annexation or boundary adjustment to each county named in the referenced subsections.

submit a certified copy of the ordinance approving the annexation or boundary adjustment to each county described in Subsections (1)(b)(ii)(A) and (B) ; and

Section 10-2-813(1)(b)(ii)(C)Verify source

§ 10-2-813(1)(c)Subsection 10-2-813(1)(c)Provision

Source excerpt

The duty-holder must send notice of the annexation or boundary adjustment to each affected entity and file specified documents with the Bureau of Emergency Medical Services.

concurrently with Subsection (1)(b) : send notice of the annexation or boundary adjustment to each affected entity; and in accordance with Section 53-2d-514 , file with the Bureau of Emergency Medical Services: a certified copy of the ordinance approving the annexation of an unincorporated area or the adjustment of a boundary, if applicable; and a copy of the approved final local entity plat.

Section 10-2-813(1)(c)Verify source

§ 10-2-813(1)(c)(i)Subsection 10-2-813(1)(c)(i)Provision

Source excerpt

A sender must send notice of the annexation or boundary adjustment to each affected entity.

send notice of the annexation or boundary adjustment to each affected entity; and

Section 10-2-813(1)(c)(i)Verify source

§ 10-2-813(1)(c)(ii)Subsection 10-2-813(1)(c)(ii)Provision

Source excerpt

A filing party must file specified annexation or boundary-adjustment documents with the Bureau of Emergency Medical Services.

in accordance with Section 53-2d-514 , file with the Bureau of Emergency Medical Services: a certified copy of the ordinance approving the annexation of an unincorporated area or the adjustment of a boundary, if applicable; and a copy of the approved final local entity plat.

Section 10-2-813(1)(c)(ii)Verify source

§ 10-2-813(1)(c)(ii)(A)Subsection 10-2-813(1)(c)(ii)(A)Provision

Source excerpt

a certified copy of the ordinance approving the annexation of an unincorporated area or the adjustment of a boundary, if applicable; and

Section 10-2-813(1)(c)(ii)(A)Verify source

§ 10-2-813(1)(c)(ii)(B)Subsection 10-2-813(1)(c)(ii)(B)Provision

Source excerpt

a copy of the approved final local entity plat.

Section 10-2-813(1)(c)(ii)(B)Verify source

§ 10-2-813(2)Subsection 10-2-813(2)Provision

Source excerpt

If an annexation under this part or a boundary adjustment under Part 9, Municipal Boundary Adjustments, also causes an automatic annexation to a special district under Section 17B-1-416 or an automatic withdrawal from a special district under Subsection 17B-1-502(2) , the municipal legislative body shall, as soon as practicable after the lieutenant governor issues a certificate of annexation or boundary adjustment under Section 67-1a-6.5 , send notice of the annexation or boundary adjustment to the special district to which the annexed area is automatically annexed or from which the annexed area is automatically withdrawn.

Section 10-2-813(2)Verify source

§ 10-2-813(3)Subsection 10-2-813(3)Provision

Source excerpt

A notice covered by Subsection (1) for an annexation or boundary adjustment must state the effective date.

Each notice required under Subsection (1) relating to an annexation or boundary adjustment shall state the effective date of the annexation or boundary adjustment, as determined under Subsection (4) .

Section 10-2-813(3)Verify source

§ 10-2-813(4)Subsection 10-2-813(4)Provision

Source excerpt

This subsection sets when an annexation or boundary adjustment becomes effective, depending on when the lieutenant governor issues the certificate.

An annexation under this part or a boundary adjustment under Part 9, Municipal Boundary Adjustments, is completed and takes effect: for the annexation of or boundary adjustment affecting an area located in a county of the first class, except for an annexation under Section 10-2-812 : July 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a certificate of annexation or boundary adjustment if: the certificate is issued during the preceding November 1 through April 30; and the requirements of Subsection (1) are met before that July 1; or January 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a certificate of annexation or boundary adjustment if: the certificate is issued during the preceding May 1 through October 31; and the requirements of Subsection (1) are met before that January 1; and subject to Subsection (5) , for all other annexations and boundary adjustments, the date of the lieutenant governor's issuance, under Section 67-1a-6.5 , of a certificate of annexation or boundary adjustment.

Section 10-2-813(4)Verify source

§ 10-2-813(4)(a)Subsection 10-2-813(4)(a)Provision

Source excerpt

For annexations or boundary adjustments in a county of the first class, the effective date depends on when the lieutenant governor issues the certificate.

for the annexation of or boundary adjustment affecting an area located in a county of the first class, except for an annexation under Section 10-2-812 : July 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a certificate of annexation or boundary adjustment if: the certificate is issued during the preceding November 1 through April 30; and the requirements of Subsection (1) are met before that July 1; or January 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a certificate of annexation or boundary adjustment if: the certificate is issued during the preceding May 1 through October 31; and the requirements of Subsection (1) are met before that January 1; and

Section 10-2-813(4)(a)Verify source

§ 10-2-813(4)(a)(i)Subsection 10-2-813(4)(a)(i)Provision

Source excerpt

The effective date is July 1 after the lieutenant governor issues a certificate of annexation or boundary adjustment, if the certificate was issued between the preceding November 1 and April 30 and Subsection (1) is satisfied before that July 1.

July 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a certificate of annexation or boundary adjustment if: the certificate is issued during the preceding November 1 through April 30; and the requirements of Subsection (1) are met before that July 1; or

Section 10-2-813(4)(a)(i)Verify source

§ 10-2-813(4)(a)(i)(A)Subsection 10-2-813(4)(a)(i)(A)Provision

Source excerpt

the certificate is issued during the preceding November 1 through April 30; and

Section 10-2-813(4)(a)(i)(A)Verify source

§ 10-2-813(4)(a)(i)(B)Subsection 10-2-813(4)(a)(i)(B)Provision

Source excerpt

the requirements of Subsection (1) are met before that July 1; or

Section 10-2-813(4)(a)(i)(B)Verify source

§ 10-2-813(4)(a)(ii)Subsection 10-2-813(4)(a)(ii)Provision

Source excerpt

January 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a certificate of annexation or boundary adjustment if: the certificate is issued during the preceding May 1 through October 31; and the requirements of

Section 10-2-813(4)(a)(ii)Verify source

§ 10-2-813(4)(a)(ii)(A)Subsection 10-2-813(4)(a)(ii)(A)Provision

Source excerpt

the certificate is issued during the preceding May 1 through October 31; and

Section 10-2-813(4)(a)(ii)(A)Verify source

§ 10-2-813(4)(a)(ii)(B)Subsection 10-2-813(4)(a)(ii)(B)Provision

Source excerpt

the requirements of Subsection (1) are met before that January 1; and

Section 10-2-813(4)(a)(ii)(B)Verify source

§ 10-2-813(4)(b)Subsection 10-2-813(4)(b)Provision

Source excerpt

subject to Subsection (5) , for all other annexations and boundary adjustments, the date of the lieutenant governor's issuance, under Section 67-1a-6.5 , of a certificate of annexation or boundary adjustment.

Section 10-2-813(4)(b)Verify source

§ 10-2-813(5)Subsection 10-2-813(5)Provision

Source excerpt

Before certain recorded documents are filed, a municipality may not levy or collect property tax, assessments, or most service fees on property in an affected area.

The effective date of an annexation or boundary adjustment for purposes of assessing property within an affected area is governed by Section 59-2-305.5 . Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the recorder of each county in which the property is located, a municipality may not: levy or collect a property tax on property within an affected area; levy or collect an assessment on property within an affected area; or 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 before annexation.

Section 10-2-813(5)Verify source

§ 10-2-813(5)(a)Subsection 10-2-813(5)(a)Provision

Source excerpt

For property assessment in an affected area, the effective date of an annexation or boundary adjustment is governed by Section 59-2-305.5.

The effective date of an annexation or boundary adjustment for purposes of assessing property within an affected area is governed by Section 59-2-305.5 .

Section 10-2-813(5)(a)Verify source

§ 10-2-813(5)(b)Subsection 10-2-813(5)(b)Provision

Source excerpt

Before the listed documents are recorded, a municipality may not levy or collect property tax, assessments, or service fees on property in an affected area, except for a service fee already being charged and collected there before annexation.

Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the recorder of each county in which the property is located, a municipality may not: levy or collect a property tax on property within an affected area; levy or collect an assessment on property within an affected area; or 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 before annexation.

Section 10-2-813(5)(b)Verify source

§ 10-2-813(5)(b)(i)Subsection 10-2-813(5)(b)(i)Provision

Source excerpt

levy or collect a property tax on property within an affected area;

Section 10-2-813(5)(b)(i)Verify source

§ 10-2-813(5)(b)(ii)Subsection 10-2-813(5)(b)(ii)Provision

Source excerpt

levy or collect an assessment on property within an affected area; or

Section 10-2-813(5)(b)(ii)Verify source

§ 10-2-813(5)(b)(iii)Subsection 10-2-813(5)(b)(iii)Provision

Source excerpt

A municipality may not charge or collect a fee for service provided to property in an affected area, unless it was already charging and collecting that fee there immediately before annexation.

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 before annexation.

Section 10-2-813(5)(b)(iii)Verify source

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Utah Code § 10-2-813

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