H.B. 155 Enrolled

ANNEXATION AMENDMENTS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Marda Dillree
This act modifies provisions of the Utah Municipal Code relating to municipal annexations.
The act establishes an annexation procedure for counties of the second, third, fourth, fifth,
and sixth classes that is different from that for counties of the first class. The act requires
municipalities within counties of the second, third, fourth, fifth, and sixth classes to adopt
an annexation policy plan before future annexations after a certain date may occur. The act
eliminates the feasibility study requirement for annexations of areas in a county of the
second, third, fourth, fifth, and sixth classes. The act allows an owner of nonfederal public
property to file an annexation petition. The act restricts annexations from taking place in
counties of the first class for a specified period, with certain exceptions. The act enacts
uncodified material that requires first class counties and cities within first class counties to
prepare a plan for annexations within the county and to submit the plan to the Legislative
Management Committee. The act also makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-2-401, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-402, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-403, as last amended by Chapter 205, Laws of Utah 1999
10-2-405, as last amended by Chapter 193, Laws of Utah 2000
10-2-406, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-407, as last amended by Chapter 193, Laws of Utah 2000
10-2-408, as last amended by Chapter 193, Laws of Utah 2000
10-2-409, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-410, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-411, as last amended by Chapter 21, Laws of Utah 1999
10-2-412, as repealed and reenacted by Chapter 389, Laws of Utah 1997

10-2-413, as last amended by Chapter 21, Laws of Utah 1999
10-2-414, as last amended by Chapter 21, Laws of Utah 1999
10-2-415, as last amended by Chapter 21, Laws of Utah 1999
10-2-416, as last amended by Chapter 1, Laws of Utah 2000
10-2-421, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-426, as enacted by Chapter 337, Laws of Utah 1998
ENACTS:
10-2-401.5, Utah Code Annotated 1953
10-2-409.5, Utah Code Annotated 1953
REPEALS:
10-2-404, as last amended by Chapter 193, Laws of Utah 2000
This act enacts uncodified material.
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-2-401 is amended to read:
10-2-401. Definitions -- Property owner provisions.
(1) As used in this part:
(a) "Affected entity" means:
(i) a county in whose unincorporated area the area proposed for annexation is located;
(ii) an independent special district under Title 17A, Chapter 2, Independent Special Districts,
whose boundaries include any part of an area proposed for annexation;
(iii) a school district whose boundaries include any part of an area proposed for annexation;
and
(iv) a municipality whose boundaries are within 1/2 mile of an area proposed for annexation.
[(a)] (b) "Annexation petition" means a petition under Section 10-2-403 proposing the
annexation to a municipality of a contiguous, unincorporated area that is contiguous to the
municipality.
[(b)] (c) "Commission" means a boundary commission established under Section 10-2-409
for the county in which the property that is proposed for annexation is located.

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(d) "Expansion area" means the unincorporated area that is identified in an annexation policy
plan under Section 10-2-401.5 as the area that the municipality anticipates annexing in the future.
[(c)] (e) "Feasibility consultant" means a person or firm with expertise in the processes and
economics of local government.
[(d)] (f) "Municipal selection committee" means a committee in each county composed of
the mayor of each municipality within that county.
[(e)] (g) "Private," with respect to real property, means not owned by the United States or
any agency of the federal government, the state, a county, a municipality, a school district, a special
district under Title 17A, Special Districts, or any other political subdivision or governmental entity
of the state.
(h) "Specified county" means a county of the second, third, fourth, fifth, or sixth class.
(i) "Urban development" means:
(i) a housing development with more than 15 residential units and an average density greater
than one residential unit per acre; or
(ii) a commercial or industrial development for which cost projections exceed $750,000 for
all phases.
(2) For purposes of this part:
(a) the owner of real property shall be the record title owner according to the records of the
county recorder on the date of the filing of the petition or protest; and
(b) the value of private real property shall be determined according to the last assessment
roll for county taxes before the filing of the petition or protest.
(3) For purposes of each provision of this part that requires the owners of private real
property covering a percentage or majority of the total private land area within an area to sign a
petition or protest:
(a) a parcel of real property may not be included in the calculation of the required percentage
or majority unless the petition or protest is signed by:
(i) except as provided in Subsection (3)(a)(ii), owners representing a majority ownership
interest in that parcel; or

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(ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of
owners of that parcel;
(b) the signature of a person signing a petition or protest in a representative capacity on
behalf of an owner is invalid unless:
(i) the person's representative capacity and the name of the owner the person represents are
indicated on the petition or protest with the person's signature; and
(ii) the person provides documentation accompanying the petition or protest that
substantiates the person's representative capacity; and
(c) subject to Subsection (3)(b), a duly appointed personal representative may sign a petition
or protest on behalf of a deceased owner.
Section 2. Section 10-2-401.5 is enacted to read:
10-2-401.5. Annexation policy plan.
(1) After December 31, 2002, no municipality may annex an unincorporated area located
within a specified county unless the municipality has adopted an annexation policy plan as provided
in this section.
(2) To adopt an annexation policy plan:
(a) the planning commission shall:
(i) prepare a proposed annexation policy plan that complies with Subsection (3);
(ii) hold a public meeting to allow affected entities to examine the proposed annexation
policy plan and to provide input on it;
(iii) provide notice of the public meeting under Subsection (2)(a)(ii) to each affected entity
at least 14 days before the meeting;
(iv) accept and consider any additional written comments from affected entities until ten
days after the public meeting under Subsection (2)(a)(ii);
(v) before holding the public hearing required under Subsection (2)(a)(vi), make any
modifications to the proposed annexation policy plan the planning commission considers
appropriate, based on input provided at or within ten days after the public meeting under Subsection
(2)(a)(ii);

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(vi) hold a public hearing on the proposed annexation policy plan;
(vii) provide reasonable public notice, including notice to each affected entity, of the public
hearing required under Subsection (2)(a)(vi) at least 14 days before the date of the hearing;
(viii) make any modifications to the proposed annexation policy plan the planning
commission considers appropriate, based on public input provided at the public hearing; and
(ix) submit its recommended annexation policy plan to the municipal legislative body; and
(b) the municipal legislative body shall:
(i) hold a public hearing on the annexation policy plan recommended by the planning
commission;
(ii) provide reasonable notice, including notice to each affected entity, of the public hearing
at least 14 days before the date of the hearing;
(iii) after the public hearing under Subsection (2)(b)(ii), make any modifications to the
recommended annexation policy plan that the legislative body considers appropriate; and
(iv) adopt the recommended annexation policy plan, with or without modifications.
(3) Each annexation policy plan shall include:
(a) a map of the expansion area which may include territory located outside the county in
which the municipality is located;
(b) a statement of the specific criteria that will guide the municipality's decision whether or
not to grant future annexation petitions, addressing matters relevant to those criteria including:
(i) the character of the community;
(ii) the need for municipal services in developed and undeveloped unincorporated areas;
(iii) the municipality's plans for extension of municipal services;
(iv) how the services will be financed;
(v) an estimate of the tax consequences to residents both currently within the municipal
boundaries and in the expansion area; and
(vi) the interests of all affected entities;
(c) justification for excluding from the expansion area any area containing urban
development within 1/2 mile of the municipality's boundary; and

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(d) a statement addressing any comments made by affected entities at or within ten days after
the public meeting under Subsection (2)(a)(ii).
(4) In developing, considering, and adopting an annexation policy plan, the planning
commission and municipal legislative body shall:
(a) attempt to avoid gaps between or overlaps with the expansion areas of other
municipalities;
(b) consider population growth projections for the municipality and adjoining areas for the
next 20 years;
(c) consider current and projected costs of infrastructure, urban services, and public facilities
necessary:
(i) to facilitate full development of the area within the municipality; and
(ii) to expand the infrastructure, services, and facilities into the area being considered for
inclusion in the expansion area;
(d) consider, in conjunction with the municipality's general plan, the need over the next 20
years for additional land suitable for residential, commercial, and industrial development;
(e) consider the reasons for including agricultural lands, forests, recreational areas, and
wildlife management areas in the municipality; and
(f) be guided by the principles set forth in Subsection 10-2-403 (5).
(5) Within 30 days after adopting an annexation policy plan, the municipal legislative body
shall submit a copy of the plan to the legislative body of each county in which any of the
municipality's expansion area is located.
(6) Nothing in this chapter may be construed to prohibit or restrict two or more
municipalities in specified counties from negotiating and cooperating with respect to defining each
municipality's expansion area under an annexation policy plan.
Section 3. Section 10-2-402 is amended to read:
10-2-402. Annexation -- Limitations.
(1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
annexed to the municipality as provided in this part.

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(b) An unincorporated area may not be annexed to a municipality unless:
(i) it is a contiguous area;
(ii) it is contiguous to the municipality; [and]
(iii) except as provided in Subsection 10-2-418 (1)(b), annexation will not leave or create an
unincorporated island or peninsula; and
(iv) for an area located in a specified county with respect to an annexation that occurs after
December 31, 2002, the area is within the proposed annexing municipality's expansion area .
(2) Except as provided in Section 10-2-418 , a municipality may not annex an unincorporated
area unless a petition under Section 10-2-403 is filed requesting annexation.
(3) An annexation under this part may not include part of a parcel of real property and
exclude part of that same parcel unless the owner of that parcel has signed the annexation petition
under Section 10-2-403 .
(4) A municipality may not annex an unincorporated area in a specified county for the sole
purpose of acquiring municipal revenue or to retard the capacity of another municipality to annex
the same or a related area unless the municipality has the ability and intent to benefit the annexed
area by providing municipal services to the annexed area.
(5) The legislative body of a specified county may not approve urban development within
a municipality's expansion area unless:
(a) the county notifies the municipality of the proposed development; and
(b) (i) the municipality consents in writing to the development; or
(ii) (A) within 90 days after the county's notification of the proposed development, the
municipality submits to the county a written objection to the county's approval of the proposed
development; and
(B) the county responds in writing to the municipality's objections.
(6) (a) Except as provided in Subsection (6)(b), no annexation petition under this part may
be filed with a municipality located within a county of the first class on or after April 30, 2001 until
after November 15, 2001, and no municipality located in a county of the first class may accept an
annexation petition under this part during that time.

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(b) Notwithstanding Subsection (6)(a), an annexation petition may be filed with a
municipality located within a county of the first class and a municipality located in a county of the
first class may accept an annexation petition from April 30, 2001 to November 15, 2001 if the
requirements of Subsection 10-2-405 (1)(b) are met.
(c) Nothing in this Subsection (6) may be construed to affect an annexation proceeding
initiated by a petition filed before April 30, 2001.
Section 4. Section 10-2-403 is amended to read:
10-2-403. Annexation petition -- Requirements.
(1) Except as provided in Section 10-2-418 , the process to annex an unincorporated area to
a municipality is initiated by a petition as provided in this section.
(2) Each petition under Subsection (1) shall:
(a) be filed with the city recorder or town clerk, as the case may be, of the proposed annexing
municipality;
(b) contain the signatures of:
(i) the owners of private real property that:
[(i)] (A) is located within the area proposed for annexation;
[(ii) (A)] (B) (I) subject to Subsection (2)(b)[(ii)](i)(B)(II), covers a majority of the private
land area within the area proposed for annexation; and
[(B)] (II) covers 100% of the private land area within the area proposed for annexation, if
the area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture
Protection Area; and
[(iii)] (C) is equal in value to at least 1/3 of the value of all private real property within the
area proposed for annexation; or
(ii) if all the real property within the area proposed for annexation is owned by a public entity
other than the federal government, the owner of all the publicly owned real property;
(c) be accompanied by an accurate [plat or] and recordable map, prepared by a licensed
surveyor, of the area proposed for annexation; and
(d) designate up to five of the signers of the petition as sponsors, one of whom shall be

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designated as the contact sponsor, and indicate the mailing address of each sponsor.
(3) A petition under Subsection (1) may not propose the annexation of all or part of an area
proposed for annexation to a municipality in a previously filed petition that has not been denied,
rejected, or granted.
(4) A petition under Subsection (1) proposing the annexation of an area located in a county
of the first class may not propose the annexation of an area that includes some or all of an area
proposed to be incorporated in a request for a feasibility study under Section 10-2-103 or a petition
under Section 10-2-125 if:
(a) the request or petition was filed before the filing of the annexation petition; and
(b) the request, a petition under Section 10-2-109 based on that request, or a petition under
Section 10-2-125 is still pending on the date the annexation petition is filed.
(5) If practicable and feasible, the boundaries of an area proposed for annexation shall be
drawn:
(a) along the boundaries of existing special districts for sewer, water, and other services,
along the boundaries of school districts whose boundaries follow city boundaries or school districts
adjacent to school districts whose boundaries follow city boundaries, and along the boundaries of
other taxing entities[:];
[(a)] (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
services;
[(b)] (c) to facilitate the consolidation of overlapping functions of local government;
[(c)] (d) to promote the efficient delivery of services; and
[(d)] (e) to encourage the equitable distribution of community resources and obligations.
(6) On the date of filing, the petition sponsors shall deliver or mail a copy of the petition to:
(a) the clerk of the county in which the area proposed for annexation is located; and
(b) the chair of the planning commission of each township in which any part of the area
proposed for annexation is located.
Section 5. Section 10-2-405 is amended to read:
10-2-405. Acceptance or rejection of an annexation petition -- Modified petition.

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(1) (a) (i) (A) A municipal legislative body may:
[(A)] (I) except as provided in Subsection (1)(b) and subject to Subsection (1)(a)(i)(B), deny
a petition filed under Section 10-2-403 ; or
[(B)] (II) accept the petition for further consideration under this part.
(B) A municipal legislative body's failure to act to deny or accept a petition under Subsection
(1)(a)(i)(A) within 14 days after the filing of the petition shall be considered to be an acceptance of
the petition for further consideration under this part.
(ii) If a municipal legislative body denies a petition under Subsection (1)(a)(i)(A), it shall,
within five days of the denial, mail written notice of the denial to the contact sponsor, the clerk of
the county in which the area proposed for annexation is located, and the chair of the planning
commission of each township in which any part of the area proposed for annexation is located.
(b) A municipal legislative body may not deny a petition filed under Section 10-2-403
proposing to annex an area located in a county of the first class if:
(i) the petition contains the signatures of the owners of private real property that:
(A) is located within the area proposed for annexation;
(B) covers a majority of the private land area within the area proposed for annexation; and
(C) is equal in value to at least 1/2 of the value of all private real property within the area
proposed for annexation;
(ii) the population in the area proposed for annexation does not exceed 10% of the
population of the proposed annexing municipality; [and]
(iii) the property tax rate for municipal services in the area proposed to be annexed is higher
than the property tax rate of the proposed annexing municipality; and
(iv) all annexations by the proposed annexing municipality during the year that the petition
was filed have not increased the municipality's population by more than 20%.
(2) If the municipal legislative body accepts a petition under Subsection (1)(a)(i)[(B)] (A)
or is considered to have accepted the petition under Subsection (1)(a)(i)(B), the city recorder or town
clerk, as the case may be, shall, within 30 days of that acceptance:
(a) with the assistance of the municipal attorney and of the clerk, surveyor, and recorder of

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the county in which the area proposed for annexation is located, determine whether the petition
meets the requirements of Subsections 10-2-403 (2), (3), and (4); and
(b) (i) if the city recorder or town clerk determines that the petition meets those
requirements, certify the petition and mail or deliver written notification of the certification to the
municipal legislative body, the contact sponsor, the county legislative body, and the chair of the
planning commission of each township in which any part of the area proposed for annexation is
located; or
(ii) if the city recorder or town clerk determines that the petition fails to meet any of those
requirements, reject the petition and mail or deliver written notification of the rejection and the
reasons for the rejection to the municipal legislative body, the contact sponsor, the county legislative
body, and the chair of the planning commission of each township in which any part of the area
proposed for annexation is located.
(3) (a) (i) If the city recorder or town clerk rejects a petition under Subsection (2)(b)(ii), the
petition may be modified to correct the deficiencies for which it was rejected and then refiled with
the city recorder or town clerk, as the case may be.
(ii) A signature on an annexation petition filed under Section 10-2-403 may be used toward
fulfilling the signature requirement of Subsection 10-2-403 (2)(b) for the petition as modified under
Subsection (3)(a)(i).
(b) If a petition is refiled under Subsection (3)(a) after having been rejected by the city
recorder or town clerk under Subsection (2)(b)(ii), the refiled petition shall be treated as a newly filed
petition under Subsection 10-2-403 (1).
(4) Each county clerk, surveyor, and recorder shall cooperate with and assist a city recorder
or town clerk in the determination under Subsection (2)(a).
Section 6. Section 10-2-406 is amended to read:
10-2-406. Notice of certification -- Publishing and 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)(b)(i), the municipal legislative body shall:
(a) (i) publish a notice at least once a week for three successive weeks, beginning no later

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than ten days after receipt of the notice of certification, in a newspaper of general circulation within:
(A) the area proposed for annexation; and
(B) the unincorporated area within 1/2 mile of the area proposed for annexation; or
(ii) if there is no newspaper of general circulation within those areas, post written notices
in conspicuous places within those areas that are most likely to give notice to residents within those
areas; and
(b) within 20 days of receipt of the notice of certification under Subsection
10-2-405 (2)(b)(i), mail written notice to[:] each affected entity.
[(i) the legislative body of the county in which the area proposed for annexation is located;]
[(ii) the board of each special district under Title 17A, Chapter 2, Independent Special
Districts, whose boundaries include part or all of the area proposed for annexation;]
[(iii) the legislative body of each municipality whose boundaries are within 1/2 mile of the
area proposed for annexation; and]
[(iv) each school district whose boundaries include part or all of the area proposed for
annexation.]
(2) (a) The notice under Subsections (1)(a) and (b) shall:
(i) state that a petition has been filed with the municipality proposing the annexation of an
area to the municipality;
(ii) state the date of the municipal legislative body's receipt of the notice of certification
under Subsection 10-2-405 (2)(b)(i);
(iii) describe the area proposed for annexation in the annexation petition;
(iv) state that the complete annexation petition is available for inspection and copying at the
office of the city recorder or town clerk;
(v) 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) [or 10-2-407 (2)(e), as the case may be], 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; and

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(vi) 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.
(b) The statement required by Subsection (2)(a)(v) shall state the deadline for filing a written
protest in terms of the actual date rather than by reference to the statutory citation.
(c) In addition to the requirements under Subsection (2)(a), a notice under Subsection (1)(a)
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.
Section 7. Section 10-2-407 is amended to read:
10-2-407. Protest to annexation petition -- Township planning commission
recommendation -- Petition requirements -- Disposition of petition if no protest filed.
(1) (a) A protest to an annexation petition under Section 10-2-403 may be filed by:
(i) the legislative body [of the county in which the area proposed for annexation is located;]
or governing board of an affected entity; or
[(ii) the board of a special district whose boundaries include part or all of the area proposed
for annexation;]
[(iii) the legislative body of a municipality whose boundaries are within 1/2 mile of the area
proposed for annexation; or]
[(iv)] (ii) for a proposed annexation of an area within a county of the first class, the owners
of private real property that:
(A) is located in the unincorporated area within 1/2 mile of the area proposed for
annexation;
(B) covers at least 25% of the private land area located in the unincorporated area within

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1/2 mile of the area proposed for annexation; and
(C) 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.
(b) (i) [(A) Except as provided in Subsection (1)(b)(i)(B), a township] A planning
commission of a township located in a county of the first class may recommend to the legislative
body of the county in which the township is located that the county legislative body file a protest
against a proposed annexation under this part of an area located within the township.
[(B) Subsection (1)(b)(i)(A) does not apply if the time for filing a protest under Subsection
(2)(a)(i)(A) or (2)(e) expires before July 17, 1997.]
(ii) (A) [Except as provided in Subsection (1)(b)(ii)(B), the] The township planning
commission shall communicate each recommendation under Subsection (1)(b)(i) in writing to the
county legislative body within 30 days of the city recorder or town clerk's certification of the
annexation petition under Subsection 10-2-405 (2)(b)(i).
[(B) Notwithstanding Subsection (1)(b)(ii)(A), if the city recorder or town clerk's
certification under Subsection 10-2-405 (2)(b)(i) occurs before July 17, 1997, the township planning
commission shall communicate its recommendation under Subsection (1)(b)(i) in writing to the
county legislative body on or before August 16, 1997, but no later than the deadline for filing a
protest under Subsection (2)(a)(i)(A) or (2)(e), excluding an extension under Subsection (2)(f).]
[(C)] (B) At the time the recommendation is communicated to the county legislative body
under Subsection (1)(b)(ii)(A), the township planning commission shall mail or deliver a copy of the
recommendation to the legislative body of the proposed annexing municipality and to the contact
sponsor.
(2) (a) Each protest under Subsection (1)(a) shall:
(i) be filed:
(A) [except as provided in Subsections (2)(e) and (f),] no later than [60] 30 days after the
municipal legislative body's receipt of the notice of certification under Subsection 10-2-405 (2)(b)(i);
and
(B) (I) in a county that has already created a commission under Section 10-2-409 , with the

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commission; or
(II) in a county that has not yet created a commission under Section 10-2-409 , with the clerk
of the county in which the area proposed for annexation is located; and
(ii) state each reason for the protest of the annexation petition and, if the area proposed to
be annexed is located in a specified county, justification for the protest under the standards
established in this chapter;
(iii) if the area proposed to be annexed is located in a specified county, contain other
information that the commission by rule requires or that the party filing the protest considers
pertinent; and
(iv) the name and address of a contact person who is to receive notices sent by the
commission with respect to the protest proceedings.
(b) The party filing a protest under this section shall on the same date deliver or mail a copy
of the protest to the city recorder or town clerk of the proposed annexing municipality.
(c) Each clerk who receives a protest under Subsection (2)(a)(i)(B)(II) shall immediately
notify the county legislative body of the protest and shall deliver the protest to the boundary
commission within five days of its creation under Subsection 10-2-409 (1)(b).
(d) Each protest of a proposed annexation of an area located in a county of the first class
under Subsection (1)(a)[(iv)] (i)(D) shall, in addition to the requirements of Subsections (2)(a) and
(b):
(i) indicate the typed or printed name and current residence address of each owner signing
the protest; and
(ii) designate one of the signers of the protest as the contact person and state the mailing
address of the contact person.
[(e) Notwithstanding Subsection (2)(a)(i)(A) and except as provided in Subsection (2)(f),
each protest under Subsection (1) shall be filed no later than 40 days after the municipal legislative
body's receipt of the notice of certification under Subsection 10-2-405 (2)(b)(i) if the annexation
petition proposes the annexation of an area that:]
[(i) is undeveloped; and]

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[(ii) covers an area that is equivalent to less than 5% of the total land mass of all private real
property within the municipality.]
[(f) The deadline under Subsection (2)(a)(i)(A) or (2)(e) for the county legislative body to
file a protest is extended by ten days if:]
[(i) the city recorder or town clerk's certification of the annexation petition under Subsection
10-2-405 (2)(b)(i) occurs before July 17, 1997; and]
[(ii) the time for filing a protest under Subsection (2)(a)(i)(A) or (2)(e) has not expired as
of July 17, 1997.]
(3) (a) (i) If a protest is filed under this section:
(A) the municipal legislative body may, at its next regular meeting after expiration of the
deadline under Subsection (2)(a)(i)(A) [or (e)] and, for a proposed annexation of an area located in
a county of the first class, except as provided in Subsection (3)(a)(iii), deny the annexation petition;
or
(B) if the municipal legislative body does not deny the annexation petition under Subsection
(3)(a)(i)(A), the municipal legislative body may take no further action on the annexation petition
until after receipt of the commission's notice of its decision on the protest under Section 10-2-416 .
(ii) If a municipal legislative body denies an annexation petition under Subsection
(3)(a)(i)(A), the municipal legislative body shall, within five days of the denial, send notice of the
denial in writing to:
(A) the contact sponsor of the annexation petition;
(B) the commission;
(C) each entity that filed a protest; and
(D) if a protest was filed under Subsection (1)(a)[(iv)](ii) for a proposed annexation of an
area located in a county of the first class, the contact person.
(iii) A municipal legislative body may not deny an annexation petition proposing to annex
an area located in a county of the first class if:
(A) the petition contains the signatures of the owners of private real property that:
(I) is located within the area proposed for annexation;

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(II) covers a majority of the private land area within the area proposed for annexation; and
(III) is equal in value to at least 1/2 of the value of all private real property within the area
proposed for annexation;
(B) the population in the area proposed for annexation does not exceed 10% of the
population of the proposed annexing municipality; [and]
(C) the property tax rate for municipal services in the area proposed to be annexed is higher
than the property tax rate of the proposed annexing municipality; and
(D) all annexations by the proposed annexing municipality during the year that the petition
was filed have not increased the municipality's population by more than 20%.
(b) (i) If no timely protest is filed under this section, the municipal legislative body may,
subject to Subsection (3)(b)(ii), grant the petition and, by ordinance, annex the area that is the subject
of the annexation petition.
(ii) Before granting an annexation petition under Subsection (3)(b)(i), the municipal
legislative body shall:
(A) hold a public hearing; and
(B) at least seven days before the public hearing under Subsection (3)(b)(ii)(A):
(I) publish notice of the hearing in a newspaper of general circulation within the municipality
and the area proposed for annexation; or
(II) if there is no newspaper of general circulation in those areas, post written notices of the
hearing in conspicuous places within those areas that are most likely to give notice to residents
within those areas.
Section 8. Section 10-2-408 is amended to read:
10-2-408. Denial of or granting the annexation petition.
(1) After receipt of the commission's decision on a protest under Subsection 10-2-416 (2),
a municipal legislative body may:
(a) except as provided in Subsection (2) for a proposed annexation of an area located in a
county of the first class, deny the annexation petition; or
(b) if the commission approves the annexation, grant the annexation petition and, by

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ordinance and consistent with the commission's decision, annex the area that is the subject of the
annexation petition.
(2) A municipal legislative body may not deny an annexation petition proposing to annex
an area located in a county of the first class if:
(a) the petition contains the signatures of the owners of private real property that:
(i) is located within the area proposed for annexation;
(ii) covers a majority of the private land area within the area proposed for annexation; and
(iii) is equal in value to at least 1/2 of the value of all private real property within the area
proposed for annexation;
(b) the population in the area proposed for annexation does not exceed 10% of the
population of the proposed annexing municipality; [and]
(c) the property tax rate for municipal services in the area proposed to be annexed is higher
than the property tax rate of the proposed annexing municipality; and
(d) all annexations by the proposed annexing municipality during the year that the petition
was filed have not increased the municipality's population by more than 20%.
Section 9. Section 10-2-409 is amended to read:
10-2-409. Boundary commission -- Creation -- Members.
(1) The legislative body of each county:
(a) may create a boundary commission on its own initiative at any time; and
(b) shall create a boundary commission within 30 days of the filing of a protest under Section
10-2-407 .
(2) [(a)] Each commission shall be composed of:
[(i)] (a) in a county with two or more municipalities:
[(A)] (i) two members who are elected county officers, appointed by:
(A) (I) in a county of the first class operating under a form of government in which the
executive and legislative functions are separated, the county executive with the advice and consent
of the county legislative body; or
(II) in a county of the first class operating under a form of government in which the

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executive and legislative functions of the governing body are not separated, the county legislative
body; or
(B) in a specified county, the county legislative body;
[(B)] (ii) two members who are elected municipal officers from separate municipalities
within the county, appointed by the municipal selection committee; and
[(C)] (iii) three members who are residents of the county, none of whom is a county or
municipal officer, appointed by the four other members [under Subsections (2)(a)(i)(A) and (B)] of
the boundary commission; and
[(ii)] (b) in a county with only one municipality:
[(A)] (i) two members who are county elected officers, appointed by[:] the county legislative
body;
[(I) in a county operating under a form of government in which the executive and legislative
functions are separated, the county executive with the advice and consent of the county legislative
body; or]
[(II) in a county operating under a form of government in which the executive and legislative
functions of the governing body are not separated, the county legislative body;]
[(B)] (ii) one member who is a municipal officer, appointed by the [municipal legislative]
governing body of the municipality; and
[(C)] (iii) two members who are residents of the county, neither of whom is a county or
municipal officer, appointed by the other three members [under Subsections (2)(a)(ii)(A) and (B)]
of the boundary commission.
[(b) For purposes of Subsection (2)(a)(i)(B), a majority of the municipal selection committee
constitutes a quorum, and action of the municipal selection committee requires a majority vote of
a quorum.]
(3) At the expiration of the term of each member appointed under this section, the member's
successor shall be appointed by the same body that appointed the member whose term is expiring,
as provided in this section.
[(4) Each boundary commission created before May 5, 1997, under Chapter 25, Laws of

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Utah 1979, shall continue in existence and thereafter be governed by the provisions of this part.]
Section 10. Section 10-2-409.5 is enacted to read:
10-2-409.5. Municipal selection committee.
(1) In each county in which there are two or more municipalities there shall be a municipal
selection committee consisting of the mayor of each municipality.
(2) A majority of the members of the municipal selection committee constitutes a quorum.
(3) The municipal selection committee shall appoint each municipal member of the county
boundary commission under Subsection 10-2-409 (2)(a)(iii) and fill each vacancy in that position as
it occurs.
Section 11. Section 10-2-410 is amended to read:
10-2-410. Boundary commission member terms -- Staggered terms -- Chair -- Quorum
-- Vacancy.
(1) Except as provided in Subsection (2), the term of each member of a boundary
commission is four years and begins and expires the first Monday in January of the applicable year.
(2) Notwithstanding Subsection (1), the terms of the first members of a commission shall
be staggered by lot so that:
(a) on a seven-member commission, the term of one member is approximately one year, the
term of two members is approximately two years, the term of two members is approximately three
years, and the term of two members is approximately four years; and
(b) on a five-member commission, the term of two members is approximately two years and
the term of the other three members is approximately four years.
(3) (a) The members of each boundary commission shall elect as chair a person from their
number whose term on the boundary commission does not expire for at least two years.
(b) The term of a boundary commission chair is two years.
(4) A majority of the commission constitutes a quorum, and commission action requires a
majority vote of [a quorum] the commission.
(5) Each vacancy on a commission of a member or an alternate member shall be filled for
the remaining unexpired term of the vacating member by the body that appointed the vacating

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member under Section 10-2-409 .
Section 12. Section 10-2-411 is amended to read:
10-2-411. Disqualification of commission member -- Alternate member.
(1) A member of the boundary commission is disqualified with respect to a protest before
the commission if that member owns property:
(a) for a proposed annexation of an area located within a county of the first class:
(i) within the area proposed for annexation in a petition that is the subject of the protest; or
[(b)] (ii) that is in the unincorporated area within 1/2 mile of the area proposed for
annexation in a petition that is the subject of a protest under Subsection 10-2-407 (1)(a)[(iv)] (i)(D);
or
(b) for a proposed annexation of an area located in a specified county, within the area
proposed for annexation.
(2) If a member is disqualified under Subsection (1), the body that appointed the disqualified
member shall appoint an alternate member to serve on the commission for purposes of the protest
as to which the member is disqualified.
Section 13. Section 10-2-412 is amended to read:
10-2-412. Boundary commission authority -- Expenses -- Records.
(1) The boundary commission for each county shall hear and decide, according to the
provisions of this part, each protest filed under Section 10-2-407 , with respect to an area that is
located within that county.
(2) A boundary commission may:
(a) adopt and enforce rules of procedure for the orderly and fair conduct of its proceedings;
(b) authorize a member of the commission to administer oaths if necessary in the
performance of the commission's duties;
(c) employ staff personnel and professional or consulting services reasonably necessary to
enable the commission to carry out its duties; and
(d) incur reasonable and necessary expenses to enable the commission to carry out its duties.
(3) The legislative body of each county shall, with respect to the boundary commission in

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that county:
(a) furnish the commission necessary quarters, equipment, and supplies;
(b) pay necessary operating expenses incurred by the commission; and
(c) reimburse the reasonable and necessary expenses incurred by each member appointed
under Subsection 10-2-409 (2)(a)[(i)(C)](iii) or [(ii)(C)] (b)(iii), unless otherwise provided by
interlocal agreement.
(4) Each county or municipal legislative body shall reimburse the reasonable and necessary
expenses incurred by a commission member who is an elected county or municipal officer,
respectively.
(5) Records, information, and other relevant materials necessary to enable the commission
to carry out its duties shall, upon request by the commission, be furnished to the boundary
commission by the personnel, employees, and officers of:
(a) for a proposed annexation of an area located in a county of the first class:
(i) each county and special district whose boundaries include an area that is the subject of
a protest under the commission's consideration; and
[(b)] (ii) each municipality whose boundaries may be affected by action of the boundary
commission; or
(b) for a proposed annexation of an area located in a specified county, each affected entity:
(i) whose boundaries include any part of the area proposed for annexation; or
(ii) that may be affected by action of the boundary commission.
Section 14. Section 10-2-413 is amended to read:
10-2-413. Feasibility consultant -- Feasibility study -- Modifications to feasibility
study.
(1) (a) [Unless] For a proposed annexation of an area located in a county of the first class,
unless a proposed annexing municipality denies an annexation petition under Subsection
10-2-407 (3)(a)(i)(A) and except as provided in Subsection (1)(b), the commission shall choose and
engage a feasibility consultant within 45 days of:
(i) the commission's receipt of a protest under Section 10-2-407 , if the commission had been

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created before the filing of the protest; or
(ii) the commission's creation, if the commission is created after the filing of a protest.
(b) Notwithstanding Subsection (1)(a), the commission may not require a feasibility study
with respect to a [proposed] petition that proposes the annexation of an area that [meets the criteria
of Subsection 10-2-407 (2)(e)]:
(i) is undeveloped; and
(ii) covers an area that is equivalent to less than 5% of the total land mass of all private real
property within the municipality.
(2) The commission shall require the feasibility consultant to:
(a) complete a feasibility study on the proposed annexation and submit written results of the
study to the commission no later than 75 days after the feasibility consultant is engaged to conduct
the study;
(b) submit with the full written results of the feasibility study a summary of the results no
longer than a page in length; and
(c) attend the public hearing under Subsection 10-2-415 (1) and present the feasibility study
results and respond to questions at that hearing.
(3) (a) Subject to Subsection (4), the feasibility study shall consider:
(i) the population and population density within the area proposed for annexation, the
surrounding unincorporated area, and, if a protest was filed by a municipality with boundaries within
1/2 mile of the area proposed for annexation, that municipality;
(ii) the geography, geology, and topography of and natural boundaries within the area
proposed for annexation, the surrounding unincorporated area, and, if a protest was filed by a
municipality with boundaries within 1/2 mile of the area proposed for annexation, that municipality;
(iii) whether the proposed annexation eliminates, leaves, or creates an unincorporated island
or peninsula;
(iv) whether the proposed annexation will hinder or prevent a future and more logical and
beneficial annexation or a future logical and beneficial incorporation;
(v) the fiscal impact of the proposed annexation on the remaining unincorporated area, other

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municipalities, special districts, school districts, and other governmental entities;
(vi) current and five-year projections of demographics and economic base in the area
proposed for annexation and surrounding unincorporated area, including household size and income,
commercial and industrial development, and public facilities;
(vii) projected growth in the area proposed for annexation and the surrounding
unincorporated area during the next five years;
(viii) the present and five-year projections of the cost of governmental services in the area
proposed for annexation;
(ix) the present and five-year projected revenue to the proposed annexing municipality from
the area proposed for annexation;
(x) the projected impact the annexation will have over the following five years on the
amount of taxes that property owners within the area proposed for annexation, the proposed
annexing municipality, and the remaining unincorporated county will pay;
(xi) past expansion in terms of population and construction in the area proposed for
annexation and the surrounding unincorporated area;
(xii) the extension during the past ten years of the boundaries of each other municipality near
the area proposed for annexation, the willingness of the other municipality to annex the area
proposed for annexation, and the probability that another municipality would annex some or all of
the area proposed for annexation during the next five years if the annexation did not occur;
(xiii) the history, culture, and social aspects of the area proposed for annexation and
surrounding area;
(xiv) the method of providing and the entity that has provided municipal-type services in the
past to the area proposed for incorporation and the feasibility of municipal-type services being
provided by the proposed annexing municipality; and
(xv) the effect on each school district whose boundaries include part or all of the area
proposed for annexation or the proposed annexing municipality.
(b) For purposes of Subsection (3)(a)(ix), the feasibility consultant shall assume ad valorem
property tax rates on residential property within the area proposed for annexation at the same level

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that residential property within the proposed annexing municipality would be without the annexation.
(c) For purposes of Subsection (3)(a)(viii), the feasibility consultant shall assume that the
level and quality of governmental services that will be provided to the area proposed for annexation
in the future is essentially comparable to the level and quality of governmental services being
provided within the proposed annexing municipality at the time of the feasibility study.
(4) (a) Except as provided in Subsection (4)(b), the commission may modify the depth of
study of and detail given to the items listed in Subsection (3)(a) by the feasibility consultant in
conducting the feasibility study depending upon:
(i) the size of the area proposed for annexation;
(ii) the size of the proposed annexing municipality;
(iii) the extent to which the area proposed for annexation is developed;
(iv) the degree to which the area proposed for annexation is expected to develop and the type
of development expected; and
(v) the number and type of protests filed against the proposed annexation.
(b) Notwithstanding Subsection (4)(a), the commission may not modify the requirement that
the feasibility consultant provide a full and complete analysis of the items listed in Subsections
(3)(a)(viii), (ix), and (xv).
(5) If the results of the feasibility study do not meet the requirements of Subsection
10-2-416 (3), the feasibility consultant may, as part of the feasibility study, make recommendations
as to how the boundaries of the area proposed for annexation may be altered so that the requirements
of Subsection 10-2-416 (3) may be met.
(6) (a) Except as provided in Subsection (6)(b), the feasibility consultant fees and expenses
shall be shared equally by the proposed annexing municipality and each entity or group under
Subsection 10-2-407 (1) that files a protest.
(b) (i) Except as provided in Subsection (6)(b)(ii), if a protest is filed by property owners
under Subsection 10-2-407 (1)(a)[(iv)](ii), the county in which the area proposed for annexation shall
pay the owners' share of the feasibility consultant's fees and expenses.
(ii) Notwithstanding Subsection (6)(b)(i), if both the county and the property owners file a

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protest, the county and the proposed annexing municipality shall equally share the property owners'
share of the feasibility consultant's fees and expenses.
Section 15. Section 10-2-414 is amended to read:
10-2-414. Modified annexation petition -- Supplemental feasibility study.
(1) (a) (i) If the results of the feasibility study with respect to a proposed annexation of an
area located in a county of the first class do not meet the requirements of Subsection 10-2-416 (3),
the sponsors of the annexation petition may, within 45 days of the feasibility consultant's submission
of the results of the study, file with the city recorder or town clerk of the proposed annexing
municipality a modified annexation petition altering the boundaries of the proposed annexation.
(ii) On the date of filing a modified annexation petition under Subsection (1)(a)(i), the
sponsors of the annexation petition shall deliver or mail a copy of the modified annexation petition
to the clerk of the county in which the area proposed for annexation is located.
(b) Each modified annexation petition under Subsection (1)(a) shall comply with the
requirements of Subsections 10-2-403 (2), (3), and (4).
(2) (a) Within 20 days of the city recorder or town clerk's receipt of the modified annexation
petition, the city recorder or town clerk, as the case may be, shall follow the same procedure for the
modified annexation petition as provided under Subsections 10-2-405 (2) and (3)(a) for an original
annexation petition.
(b) If the city recorder or town clerk certifies the modified annexation petition under
Subsection 10-2-405 (2)(b)(i), the city recorder or town clerk, as the case may be, shall send written
notice of the certification to:
(i) the commission;
(ii) each entity that filed a protest to the annexation petition; and
(iii) if a protest was filed under Subsection 10-2-407 (1)(a)[(iv)](ii), the contact person.
(c) (i) If the modified annexation petition proposes the annexation of an area that includes
part or all of a special district or school district that was not included in the area proposed for
annexation in the original petition, the city recorder or town clerk, as the case may be, shall also send
notice of the certification of the modified annexation petition to the board of the special district or

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school district.
(ii) If the area proposed for annexation in the modified annexation petition is within 1/2 mile
of the boundaries of a municipality whose boundaries were not within 1/2 mile of the area proposed
for annexation in the original annexation petition, the city recorder or town clerk, as the case may
be, shall also send notice of the certification of the modified annexation petition to the legislative
body of that municipality.
(3) Within ten days of the commission's receipt of the notice under Subsection (2)(b), the
commission shall engage the feasibility consultant that conducted the feasibility study to supplement
the feasibility study to take into account the information in the modified annexation petition that was
not included in the original annexation petition.
(4) The commission shall require the feasibility consultant to complete the supplemental
feasibility study and to submit written results of the supplemental study to the commission no later
than 30 days after the feasibility consultant is engaged to conduct the supplemental feasibility study.
Section 16. Section 10-2-415 is amended to read:
10-2-415. Public hearing -- Notice.
(1) (a) (i) If the results of the feasibility study or supplemental feasibility study meet the
requirements of Subsection 10-2-416 (3) with respect to a proposed annexation of an area located in
a county of the first class, the commission shall hold a public hearing within 30 days of receipt of
the feasibility study or supplemental feasibility study results.
[(2)] (ii) At the hearing under Subsection (1)(a)(i), the commission shall:
[(a)] (A) require the feasibility consultant to present the results of the feasibility study and,
if applicable, the supplemental feasibility study;
[(b)] (B) allow those present to ask questions of the feasibility consultant regarding the study
results; and
[(c)] (C) allow those present to speak to the issue of annexation.
[(3) (a)] (iii) (A) The commission shall:
[(i)] (I) publish notice of [the] each hearing under Subsection (1)(a)(i) at least once a week
for two successive weeks in a newspaper of general circulation within the area proposed for

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annexation, the surrounding 1/2 mile of unincorporated area, and the proposed annexing
municipality; and
[(ii)] (II) send written notice of the hearing to the municipal legislative body of the proposed
annexing municipality, the contact sponsor on the annexation petition, each entity that filed a protest,
and, if a protest was filed under Subsection 10-2-407 (1)(a)[(iv)](ii), the contact person.
[(b)] (B) If there is no newspaper of general circulation within the areas described in
Subsection [(3)(a)(i)] (1)(a)(iii)(A)(I), the commission shall give the notice required under that
subsection by posting notices, at least seven days before the hearing, in conspicuous places within
those areas that are most likely to give notice of the hearing to the residents of those areas.
[(c)] (C) The notices under Subsections [(3)(a) and (b)] (1)(a)(iii)(A) and (B) shall include
the feasibility study summary under Subsection 10-2-413 (2)(b) and shall indicate that a full copy of
the study is available for inspection and copying at the office of the commission.
(b) (i) Within 30 days after the time under Subsection 10-2-407 (2) for filing a protest has
expired with respect to a proposed annexation of an area located in a specified county, the boundary
commission shall hold a hearing on all protests that were filed with respect to the proposed
annexation.
(ii) (A) At least 14 days before the date of each hearing under Subsection (1)(b)(i), the
commission chair shall cause notice of the hearing to be published in a newspaper of general
circulation within the area proposed for annexation.
(B) Each notice under Subsection (1)(b)(ii)(A) shall:
(I) state the date, time, and place of the hearing;
(II) briefly summarize the nature of the protest; and
(III) state that a copy of the protest is on file at the commission's office.
(iii) The commission may continue a hearing under Subsection (1)(b)(i) from time to time,
but no continued hearing may be held later than 60 days after the original hearing date.
(iv) In considering protests, the commission shall consider whether the proposed annexation:
(A) complies with the requirements of Sections 10-2-402 and 10-2-403 and the annexation
policy plan of the proposed annexing municipality;

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(B) conflicts with the annexation policy plan of another municipality; and
(C) if the proposed annexation includes urban development, will have an adverse tax
consequence on the remaining unincorporated area of the county.
[(4)] (2) (a) The commission shall record [the] each hearing under this section by electronic
means.
(b) A transcription of the recording under Subsection [(4)] (2)(a), the feasibility study, if
applicable, information received at the hearing, and the written decision of the commission shall
constitute the record of the hearing.
Section 17. Section 10-2-416 is amended to read:
10-2-416. Commission decision -- Time limit -- Limitation on approval of annexation.
(1) Subject to Subsection (3), after the public hearing under Subsection 10-2-415 (1) the
boundary commission may:
(a) approve the proposed annexation, either with or without conditions;
(b) make minor modifications to the proposed annexation and approve it, either with or
without conditions; or
(c) disapprove the proposed annexation.
(2) The commission shall issue a written decision on the proposed annexation within [20]
30 days [of] after the conclusion of the hearing under [Subsection 10-2-415 (1)] Section 10-2-415
and shall send a copy of the decision to:
(a) the legislative body of the county in which the area proposed for annexation is located;
(b) the legislative body of the proposed annexing municipality;
(c) the contact person on the annexation petition;
(d) the contact person of each entity that filed a protest; and
(e) if a protest was filed under Subsection 10-2-407 (1)(a)[(iv)](ii) with respect to a proposed
annexation of an area located in a county of the first class, the contact person designated in the
protest.
(3) [The] Except for an annexation for which a feasibility study may not be required under
Subsection 10-2-413 (1)(b), the commission may not approve a proposed annexation of an area

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located within a county of the first class unless the results of the feasibility study under Section
10-2-413 show that the average annual amount under Subsection 10-2-413 (3)(a)(ix) does not exceed
the average annual amount under Subsection 10-2-413 (3)(a)(viii) by more than 5%.
Section 18. Section 10-2-421 is amended to read:
10-2-421. Electric utility service in annexed area -- Reimbursement for value of
facilities.
(1) If the electric consumers of the area being annexed are receiving electric utility services
from sources other than the annexing municipality, the municipality may not, without the consent
of the electric utility, furnish its electric utility services to the electric consumers until the
municipality has reimbursed the electric utility company [which] that previously provided the
services for the [fair market] value of those facilities dedicated to provide service to the annexed
area.
(2) If the annexing municipality and the electric utility cannot agree on the [fair market]
value, [it shall be determined by] the state court having jurisdiction shall determine the fair market
value of those facilities, and the municipality shall reimburse the fair market value, as determined
by the court, to the electric utility company.
Section 19. Section 10-2-426 is amended to read:
10-2-426. Division of municipal-type services revenues.
(1) The legislative body of [the] each county of the first class in which an area proposed for
annexation under this part is located shall, until the date of annexation, continue:
(a) to levy and collect ad valorem property tax and other revenues from or pertaining to the
area; and
(b) except as otherwise agreed by the county legislative body and the municipal legislative
body, to provide the same services to the area proposed for annexation as the county provided before
the commencement of the annexation proceedings.
(2) (a) The legislative body of [the] each county of the first class in which an area proposed
for annexation is located shall, after annexation, share pro rata with the annexing municipality the
taxes and service charges or fees levied and collected by the county under Section 17-34-3 during

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the year of the annexation if and to the extent that the annexing municipality provides, by itself or
by contract, the same services for which the county levied and collected the taxes and service charges
or fees.
(b) The pro rata allocation of taxes under Subsection (2)(a) shall be based on the date of
annexation, and the pro rata allocation of service charges and fees shall be based on the proportion
of services related to the service charges and fees that remain to be rendered after annexation.
Section 20. Legislative intent.
It is the intent of the Legislature that officials from each county of the first class and from
each municipality within each county of the first class shall together:
(1) by November 15, 2001, prepare a master plan for municipal annexations and
incorporations within the county that:
(a) proposes how the remainder of unincorporated areas within the county are to be included
within municipalities, through municipal annexation or incorporation;
(b) shows the boundaries of municipalities as they are expected to exist after annexations
and incorporations of all unincorporated areas have occurred; and
(c) includes a method for an unincorporated area to be added to a municipality when it so
desires; and
(2) present the plan to the Legislative Management Committee at its first meeting after
November 15, 2001.
Section 21. Repealer.
This act repeals:
Section 10-2-404, Certain annexation petitions invalid -- Certain petitions considered
filed on May 5, 1997 -- Signatures on invalid petitions -- Special requirements for certain
petitions.

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