United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2-903

Two or more municipalities with a common boundary may adjust it, but the local legislative body must adopt a resolution, hold a public hearing, and give required notice first.

boundary adjustmenteffective dateemergency servicesfire protectionmunicipal annexationmunicipal boundariesmunicipal ordinanceordinance adoptionparamedic servicesprotest procedurepublic hearingpublic noticespecial district withdrawalwritten protest

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“Two or more municipalities with a common boundary may adjust it, but the local legislative body must adopt a resolution, hold a public hearing, and give required notice first.”

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Subsection 10-2-903(3)(b)(ii)

This text identifies the Utah State Developmental Center Board and refers to state-owned real property associated with the Utah State Developmental Center.

Section 10-2-903(3)(b)(ii)

Subsection 10-2-903(4)(d)(i)(B)

A proposed adjustment must cover at least 25% of the total private land area within the area proposed for adjustment.

Section 10-2-903(4)(d)(i)(B)

Subsection 10-2-903(4)(f)(i)

the municipality to which the area is being added because of the boundary adjustment is not within the boundaries of a special district: that provides fire protection, paramedic, and emergency services; and in the creation of which an

Section 10-2-903(4)(f)(i)

Subsection 10-2-903(7)(b)

The effective date of a boundary adjustment under this section is governed by Section 10-2-813.

Section 10-2-903(7)(b)

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Showing 35 of 35 provisions

Provision 35

Part 10-2-9

part 10-2-9 Municipal Boundary Adjustments

§ 10-2-903Municipal boundary adjustment -- Notice and hearing -- Protest.Provision

Two or more municipalities with a common boundary may adjust it, but the local legislative body must adopt a resolution, hold a public hearing, and give required notice first.

Municipal boundary adjustment -- Notice and hearing -- Protest. The legislative bodies of two or more municipalities having common boundaries may adjust the common boundaries as provided in this section. The legislative body of each municipality intending to adjust a boundary that is common with another municipality shall: adopt a resolution indicating the intent of the municipal legislative body to adjust a common boundary; and hold a public hearing on the proposed adjustment no less than 60 days after the adoption of the resolution under Subsection (2)(a) . A legislative body described in Subsection (2) shall provide notice of a public hearing described in Subsection (2)(b) : for the municipality, as a class B notice under Section 63G-30-102 , for at least three weeks before the day of the public hearing; and if the proposed boundary adjustment may cause any part of real property owned by the state to be within the geographic boundary of a different local governmental entity than before the adjustment, by providing written notice, at least 50 days before the day of the public hearing, to: the title holder of any state-owned real property described in this Subsection (3)(b) ; and the Utah State Developmental Center Board, created under Section 26B-1-429 , if any state-owned real property described in this Subsection (3)(b) is associated with the Utah State Developmental Center. The notice described in Subsection (3) shall: state that the municipal legislative body has adopted a resolution indicating the municipal legislative body's intent to adjust a boundary that the municipality has in common with another municipality; describe the area proposed to be adjusted; state the date, time, and place of the public hearing described in Subsection (2)(b) ; state in conspicuous and plain terms that the municipal legislative body will adjust the boundaries unless, at or before the public hearing described in Subsection (2)(b) , a written protest to the adjustment is filed by: an owner of private real property that: is located within the area proposed for adjustment; covers at least 25% of the total private land area within the area proposed for adjustment; and is equal in value to at least 15% of the value of all private real property within the area proposed for adjustment; or a title holder of state-owned real property described in Subsection (3)(b) ; state that the area that is the subject of the boundary adjustment will, because of the boundary adjustment, be automatically annexed to a special district providing fire protection, paramedic, and emergency services or a special district providing law enforcement service, as the case may be, as provided in Section 17B-1-416 , if: the municipality to which the area is being added because of the boundary adjustment is entirely within the boundaries of a special district: that provides fire protection, paramedic, and emergency services or law enforcement service, respectively; and in the creation of which an election was not required because of Subsection 17B-1-214(3)(c) ; and the municipality from which the area is being taken because of the boundary adjustment is not within the boundaries of the special district; and state that the area proposed for annexation to the municipality will be automatically withdrawn from a special district providing fire protection, paramedic, and emergency services, as provided in Subsection 17B-1-502(2) , if: the municipality to which the area is being added because of the boundary adjustment is not within the boundaries of a special district: that provides fire protection, paramedic, and emergency services; and in the creation of which an election was not required because of Subsection 17B-1-214(3)(c) ; and the municipality from which the area is being taken because of the boundary adjustment is entirely within the boundaries of the special district. Upon conclusion of the public hearing described in Subsection (2)(b) , the municipal legislative body may adopt an ordinance approving the adjustment of the common boundary unless, at or before the hearing described in Subsection (2)(b) , a written protest to the adjustment is filed with the municipal records officer by a person described in Subsection (3)(b)(i) or (ii) . The municipal legislative body of an annexing municipality shall, in regards to an affected area, comply with the requirements of Section 10-2-813 in regards to the filing of notice and plat and recording a boundary adjustment as if the boundary adjustment were an annexation. An ordinance adopted under Subsection (5) becomes effective when each municipality involved in the boundary adjustment has adopted an ordinance under Subsection (5) . The effective date of a boundary adjustment under this section is governed by Section 10-2-813 .
Section 10-2-903Verify source
§ 10-2-903(1)Subsection 10-2-903(1)Provision

The legislative bodies of two or more municipalities having common boundaries may adjust the common boundaries as provided in this section.

The legislative bodies of two or more municipalities having common boundaries may adjust the common boundaries as provided in this section.
Section 10-2-903(1)Verify source
§ 10-2-903(2)Subsection 10-2-903(2)Provision

If a municipality plans to adjust a boundary shared with another municipality, its legislative body must adopt a resolution and then hold a public hearing at least 60 days later.

The legislative body of each municipality intending to adjust a boundary that is common with another municipality shall: adopt a resolution indicating the intent of the municipal legislative body to adjust a common boundary; and hold a public hearing on the proposed adjustment no less than 60 days after the adoption of the resolution under Subsection (2)(a) .
Section 10-2-903(2)Verify source
§ 10-2-903(2)(a)Subsection 10-2-903(2)(a)Provision

The municipal legislative body must adopt a resolution indicating its intent to adjust a common boundary.

adopt a resolution indicating the intent of the municipal legislative body to adjust a common boundary; and
Section 10-2-903(2)(a)Verify source
§ 10-2-903(2)(b)Subsection 10-2-903(2)(b)Provision

A public hearing on the proposed adjustment must be held at least 60 days after the resolution is adopted under Subsection (2)(a).

hold a public hearing on the proposed adjustment no less than 60 days after the adoption of the resolution under Subsection (2)(a) .
Section 10-2-903(2)(b)Verify source
§ 10-2-903(3)Subsection 10-2-903(3)Provision

A legislative body must give public-hearing notice: a class B notice for the municipality at least three weeks before the hearing, and, if state-owned land could shift into another local entity, written notice at least 50 days before the hearing to the title holder and possibly the Utah State Developmental Center Board.

A legislative body described in Subsection (2) shall provide notice of a public hearing described in Subsection (2)(b) : for the municipality, as a class B notice under Section 63G-30-102 , for at least three weeks before the day of the public hearing; and if the proposed boundary adjustment may cause any part of real property owned by the state to be within the geographic boundary of a different local governmental entity than before the adjustment, by providing written notice, at least 50 days before the day of the public hearing, to: the title holder of any state-owned real property described in this Subsection (3)(b) ; and the Utah State Developmental Center Board, created under Section 26B-1-429 , if any state-owned real property described in this Subsection (3)(b) is associated with the Utah State Developmental Center.
Section 10-2-903(3)Verify source
§ 10-2-903(3)(a)Subsection 10-2-903(3)(a)Provision

for the municipality, as a class B notice under Section 63G-30-102 , for at least three weeks before the day of the public hearing; and

for the municipality, as a class B notice under Section 63G-30-102 , for at least three weeks before the day of the public hearing; and
Section 10-2-903(3)(a)Verify source
§ 10-2-903(3)(b)Subsection 10-2-903(3)(b)Provision

If a proposed boundary adjustment could move state-owned real property into a different local governmental entity, written notice must be given at least 50 days before the public hearing to the listed recipients.

if the proposed boundary adjustment may cause any part of real property owned by the state to be within the geographic boundary of a different local governmental entity than before the adjustment, by providing written notice, at least 50 days before the day of the public hearing, to: the title holder of any state-owned real property described in this Subsection (3)(b) ; and the Utah State Developmental Center Board, created under Section 26B-1-429 , if any state-owned real property described in this Subsection (3)(b) is associated with the Utah State Developmental Center.
Section 10-2-903(3)(b)Verify source
§ 10-2-903(3)(b)(i)Subsection 10-2-903(3)(b)(i)Provision

Refers to the title holder of certain state-owned real property in Subsection (3)(b).

the title holder of any state-owned real property described in this Subsection (3)(b) ; and
Section 10-2-903(3)(b)(i)Verify source
§ 10-2-903(3)(b)(ii)Subsection 10-2-903(3)(b)(ii)Provision

This text identifies the Utah State Developmental Center Board and refers to state-owned real property associated with the Utah State Developmental Center.

the Utah State Developmental Center Board, created under Section 26B-1-429 , if any state-owned real property described in this Subsection (3)(b) is associated with the Utah State Developmental Center.
Section 10-2-903(3)(b)(ii)Verify source
§ 10-2-903(4)Subsection 10-2-903(4)Provision

The required notice must say the municipality intends to adjust a shared boundary, describe the area, give the hearing date/time/place, and explain that the boundary will be adjusted unless a timely written protest is filed.

The notice described in Subsection (3) shall: state that the municipal legislative body has adopted a resolution indicating the municipal legislative body's intent to adjust a boundary that the municipality has in common with another municipality; describe the area proposed to be adjusted; state the date, time, and place of the public hearing described in Subsection (2)(b) ; state in conspicuous and plain terms that the municipal legislative body will adjust the boundaries unless, at or before the public hearing described in Subsection (2)(b) , a written protest to the adjustment is filed by: an owner of private real property that: is located within the area proposed for adjustment; covers at least 25% of the total private land area within the area proposed for adjustment; and is equal in value to at least 15% of the value of all private real property within the area proposed for adjustment; or a title holder of state-owned real property described in Subsection (3)(b) ; state that the area that is the subject of the boundary adjustment will, because of the boundary adjustment, be automatically annexed to a special district providing fire protection, paramedic, and emergency services or a special district providing law enforcement service, as the case may be, as provided in Section 17B-1-416 , if: the municipality to which the area is being added because of the boundary adjustment is entirely within the boundaries of a special district: that provides fire protection, paramedic, and emergency services or law enforcement service, respectively; and in the creation of which an election was not required because of Subsection 17B-1-214(3)(c) ; and the municipality from which the area is being taken because of the boundary adjustment is not within the boundaries of the special district; and state that the area proposed for annexation to the municipality will be automatically withdrawn from a special district providing fire protection, paramedic, and emergency services, as provided in Subsection 17B-1-502(2) , if: the municipality to which the area is being added because of the boundary adjustment is not within the boundaries of a special district: that provides fire protection, paramedic, and emergency services; and in the creation of which an election was not required because of Subsection 17B-1-214(3)(c) ; and the municipality from which the area is being taken because of the boundary adjustment is entirely within the boundaries of the special district.
Section 10-2-903(4)Verify source
§ 10-2-903(4)(a)Subsection 10-2-903(4)(a)Provision

The municipal legislative body has adopted a resolution stating its intent to adjust a boundary shared with another municipality.

state that the municipal legislative body has adopted a resolution indicating the municipal legislative body's intent to adjust a boundary that the municipality has in common with another municipality;
Section 10-2-903(4)(a)Verify source
§ 10-2-903(4)(b)Subsection 10-2-903(4)(b)Provision

describe the area proposed to be adjusted;

describe the area proposed to be adjusted;
Section 10-2-903(4)(b)Verify source
§ 10-2-903(4)(c)Subsection 10-2-903(4)(c)Provision

A person responsible for the public hearing must state the hearing’s date, time, and place.

state the date, time, and place of the public hearing described in Subsection (2)(b) ;
Section 10-2-903(4)(c)Verify source
§ 10-2-903(4)(d)Subsection 10-2-903(4)(d)Provision

The municipal legislative body must state plainly that it will adjust the boundaries unless a written protest is filed before or at the public hearing by qualifying property owners.

state in conspicuous and plain terms that the municipal legislative body will adjust the boundaries unless, at or before the public hearing described in Subsection (2)(b) , a written protest to the adjustment is filed by: an owner of private real property that: is located within the area proposed for adjustment; covers at least 25% of the total private land area within the area proposed for adjustment; and is equal in value to at least 15% of the value of all private real property within the area proposed for adjustment; or a title holder of state-owned real property described in Subsection (3)(b) ;
Section 10-2-903(4)(d)Verify source
§ 10-2-903(4)(d)(i)Subsection 10-2-903(4)(d)(i)Provision

A private real property owner qualifies if the property is within the proposed adjustment area and meets both the area and value percentage thresholds.

an owner of private real property that: is located within the area proposed for adjustment; covers at least 25% of the total private land area within the area proposed for adjustment; and is equal in value to at least 15% of the value of all private real property within the area proposed for adjustment; or
Section 10-2-903(4)(d)(i)Verify source
§ 10-2-903(4)(d)(i)(A)Subsection 10-2-903(4)(d)(i)(A)Provision

is located within the area proposed for adjustment;

is located within the area proposed for adjustment;
Section 10-2-903(4)(d)(i)(A)Verify source
§ 10-2-903(4)(d)(i)(B)Subsection 10-2-903(4)(d)(i)(B)Provision

A proposed adjustment must cover at least 25% of the total private land area within the area proposed for adjustment.

covers at least 25% of the total private land area within the area proposed for adjustment; and
Section 10-2-903(4)(d)(i)(B)Verify source
§ 10-2-903(4)(d)(i)(C)Subsection 10-2-903(4)(d)(i)(C)Provision

A property value threshold applies: the relevant value must be at least 15% of the value of all private real property in the area proposed for adjustment.

is equal in value to at least 15% of the value of all private real property within the area proposed for adjustment; or
Section 10-2-903(4)(d)(i)(C)Verify source
§ 10-2-903(4)(d)(ii)Subsection 10-2-903(4)(d)(ii)Provision

a title holder of state-owned real property described in Subsection (3)(b) ;

a title holder of state-owned real property described in Subsection (3)(b) ;
Section 10-2-903(4)(d)(ii)Verify source
§ 10-2-903(4)(e)Subsection 10-2-903(4)(e)Provision

An area in a boundary adjustment may be automatically annexed to certain special districts if the listed conditions are met.

state that the area that is the subject of the boundary adjustment will, because of the boundary adjustment, be automatically annexed to a special district providing fire protection, paramedic, and emergency services or a special district providing law enforcement service, as the case may be, as provided in Section 17B-1-416 , if: the municipality to which the area is being added because of the boundary adjustment is entirely within the boundaries of a special district: that provides fire protection, paramedic, and emergency services or law enforcement service, respectively; and in the creation of which an election was not required because of Subsection 17B-1-214(3)(c) ; and the municipality from which the area is being taken because of the boundary adjustment is not within the boundaries of the special district; and
Section 10-2-903(4)(e)Verify source
§ 10-2-903(4)(e)(i)Subsection 10-2-903(4)(e)(i)Provision

the municipality to which the area is being added because of the boundary adjustment is entirely within the boundaries of a special district: that provides fire protection, paramedic, and emergency services or law enforcement service,

the municipality to which the area is being added because of the boundary adjustment is entirely within the boundaries of a special district: that provides fire protection, paramedic, and emergency services or law enforcement service, respectively; and in the creation of which an election was not required because of Subsection 17B-1-214(3)(c) ; and
Section 10-2-903(4)(e)(i)Verify source
§ 10-2-903(4)(e)(i)(A)Subsection 10-2-903(4)(e)(i)(A)Provision

that provides fire protection, paramedic, and emergency services or law enforcement service, respectively; and

that provides fire protection, paramedic, and emergency services or law enforcement service, respectively; and
Section 10-2-903(4)(e)(i)(A)Verify source
§ 10-2-903(4)(e)(i)(B)Subsection 10-2-903(4)(e)(i)(B)Provision

in the creation of which an election was not required because of Subsection 17B-1-214(3)(c) ; and

in the creation of which an election was not required because of Subsection 17B-1-214(3)(c) ; and
Section 10-2-903(4)(e)(i)(B)Verify source
§ 10-2-903(4)(e)(ii)Subsection 10-2-903(4)(e)(ii)Provision

The municipality from which the area is being taken because of the boundary adjustment is not within the boundaries of the special district.

the municipality from which the area is being taken because of the boundary adjustment is not within the boundaries of the special district; and
Section 10-2-903(4)(e)(ii)Verify source
§ 10-2-903(4)(f)Subsection 10-2-903(4)(f)Provision

If the stated conditions are met, land being annexed to a municipality is automatically withdrawn from the relevant special district for fire protection, paramedic, and emergency services.

state that the area proposed for annexation to the municipality will be automatically withdrawn from a special district providing fire protection, paramedic, and emergency services, as provided in Subsection 17B-1-502(2) , if: the municipality to which the area is being added because of the boundary adjustment is not within the boundaries of a special district: that provides fire protection, paramedic, and emergency services; and in the creation of which an election was not required because of Subsection 17B-1-214(3)(c) ; and the municipality from which the area is being taken because of the boundary adjustment is entirely within the boundaries of the special district.
Section 10-2-903(4)(f)Verify source
§ 10-2-903(4)(f)(i)Subsection 10-2-903(4)(f)(i)Provision

the municipality to which the area is being added because of the boundary adjustment is not within the boundaries of a special district: that provides fire protection, paramedic, and emergency services; and in the creation of which an

the municipality to which the area is being added because of the boundary adjustment is not within the boundaries of a special district: that provides fire protection, paramedic, and emergency services; and in the creation of which an election was not required because of Subsection 17B-1-214(3)(c) ; and
Section 10-2-903(4)(f)(i)Verify source
§ 10-2-903(4)(f)(i)(A)Subsection 10-2-903(4)(f)(i)(A)Provision

that provides fire protection, paramedic, and emergency services; and

that provides fire protection, paramedic, and emergency services; and
Section 10-2-903(4)(f)(i)(A)Verify source
§ 10-2-903(4)(f)(i)(B)Subsection 10-2-903(4)(f)(i)(B)Provision

in the creation of which an election was not required because of Subsection 17B-1-214(3)(c) ; and

in the creation of which an election was not required because of Subsection 17B-1-214(3)(c) ; and
Section 10-2-903(4)(f)(i)(B)Verify source
§ 10-2-903(4)(f)(ii)Subsection 10-2-903(4)(f)(ii)Provision

the municipality from which the area is being taken because of the boundary adjustment is entirely within the boundaries of the special district.

the municipality from which the area is being taken because of the boundary adjustment is entirely within the boundaries of the special district.
Section 10-2-903(4)(f)(ii)Verify source
§ 10-2-903(5)Subsection 10-2-903(5)Provision

After the public hearing, the municipal legislative body may approve the boundary adjustment unless a qualifying written protest is filed on time with the municipal records officer.

Upon conclusion of the public hearing described in Subsection (2)(b) , the municipal legislative body may adopt an ordinance approving the adjustment of the common boundary unless, at or before the hearing described in Subsection (2)(b) , a written protest to the adjustment is filed with the municipal records officer by a person described in Subsection (3)(b)(i) or (ii) .
Section 10-2-903(5)Verify source
§ 10-2-903(6)Subsection 10-2-903(6)Provision

The municipal legislative body of an annexing municipality must comply with Section 10-2-813 requirements for notice, plat filing, and recording a boundary adjustment for an affected area, treating the adjustment as if it were an annexation.

The municipal legislative body of an annexing municipality shall, in regards to an affected area, comply with the requirements of Section 10-2-813 in regards to the filing of notice and plat and recording a boundary adjustment as if the boundary adjustment were an annexation.
Section 10-2-903(6)Verify source
§ 10-2-903(7)Subsection 10-2-903(7)Provision

An ordinance adopted under Subsection (5) takes effect only after each municipality involved in the boundary adjustment has adopted its own ordinance under Subsection (5).

An ordinance adopted under Subsection (5) becomes effective when each municipality involved in the boundary adjustment has adopted an ordinance under Subsection (5) . The effective date of a boundary adjustment under this section is governed by Section 10-2-813 .
Section 10-2-903(7)Verify source
§ 10-2-903(7)(a)Subsection 10-2-903(7)(a)Provision

An ordinance adopted under Subsection (5) takes effect once every municipality involved in the boundary adjustment has adopted its own ordinance under Subsection (5).

An ordinance adopted under Subsection (5) becomes effective when each municipality involved in the boundary adjustment has adopted an ordinance under Subsection (5) .
Section 10-2-903(7)(a)Verify source
§ 10-2-903(7)(b)Subsection 10-2-903(7)(b)Provision

The effective date of a boundary adjustment under this section is governed by Section 10-2-813.

The effective date of a boundary adjustment under this section is governed by Section 10-2-813 .
Section 10-2-903(7)(b)Verify source

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