Section 10-2-406 - Notice of certification - Providing notice of petition(1) After receipt of the notice of certification from the city recorder or town clerk under Subsection 10-2-405(2)(c)(i), the municipal legislative body shall provide notice: (a) for the area proposed for annexation and the unincorporated area within 1/2 mile of the area proposed for annexation, as a class B notice under Section 63G-30-102, no later than 10 days after the day on which the municipal legislative body receives the notice of certification; and(b) within 20 days after the day on which the municipal legislative body receives the notice of certification, by mailing written notice to each affected entity.(2) The notice described in Subsection (1) shall: (a) state that a petition has been filed with the municipality proposing the annexation of an area to the municipality;(b) state the date of the municipal legislative body's receipt of the notice of certification under Subsection 10-2-405(2)(c)(i);(c) describe the area proposed for annexation in the annexation petition;(d) state that the complete annexation petition is available for inspection and copying at the office of the city recorder or town clerk;(e) state in conspicuous and plain terms that the municipality may grant the petition and annex the area described in the petition unless, within the time required under Subsection 10-2-407(2)(a)(i), a written protest to the annexation petition is filed with the commission and a copy of the protest delivered to the city recorder or town clerk of the proposed annexing municipality;(f) state the address of the commission or, if a commission has not yet been created in the county, the county clerk, where a protest to the annexation petition may be filed;(g) state that the area proposed for annexation to the municipality will also automatically be 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: (i) the proposed annexing municipality is entirely within the boundaries of a special district: (A) that provides fire protection, paramedic, and emergency services or law enforcement service, respectively; and(B) in the creation of which an election was not required because of Subsection 17B-1-214(3)(c); and(ii) the area proposed to be annexed to the municipality is not already within the boundaries of the special district; and(h) 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 or a special district providing law enforcement service, as the case may be, as provided in Subsection 17B-1-502(2), if: (i) the petition proposes the annexation of an area that is within the boundaries of a special district: (A) that provides fire protection, paramedic, and emergency services or law enforcement service, respectively; and(B) in the creation of which an election was not required because of Subsection 17B-1-214(3)(c); and(ii) the proposed annexing municipality is not within the boundaries of the special district.(3)(a) The statement required by Subsection (2)(e) shall state the deadline for filing a written protest in terms of the actual date rather than by reference to the statutory citation.(b) In addition to the requirements under Subsection (2), a notice under Subsection (1) for a proposed annexation of an area within a county of the first class shall include a statement that a protest to the annexation petition may be filed with the commission by property owners if it contains the signatures of the owners of private real property that:(i) is located in the unincorporated area within 1/2 mile of the area proposed for annexation;(ii) covers at least 25% of the private land area located in the unincorporated area within 1/2 mile of the area proposed for annexation; and(iii) is equal in value to at least 15% of all real property located in the unincorporated area within 1/2 mile of the area proposed for annexation.Amended by Chapter 435, 2023 General Session ,§ 9, eff. 5/3/2023.Amended by Chapter 16, 2023 General Session ,§ 4, eff. 2/27/2023.Amended by Chapter 345, 2021 General Session ,§ 5, eff. 7/1/2021.Amended by Chapter 15, 2021SP1 General Session ,§ 2, eff. 5/28/2021.Amended by Chapter 355, 2021 General Session ,§ 2, eff. 5/5/2021.Amended by Chapter 84, 2021 General Session ,§ 5, eff. 5/5/2021.Amended by Chapter 255, 2019 General Session ,§ 1, eff. 5/14/2019.Amended by Chapter 218, 2009 General Session
Amended by Chapter 388, 2009 General Session.