H.B. 124

1

CHANGES TO MUNICIPAL ANNEXATION
2 PROVISIONS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: LaWanna Lou Shurtliff
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to municipal annexations.
11 Highlighted Provisions:
12 This bill:
13 . extends to property owners in an area adjacent to an area proposed for annexation in
14 a second class county the ability to protest the proposed annexation;
15 . extends to township planning commissions in second class counties the ability to
16 recommend that the county legislative body protest a proposed municipal
17 annexation; and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 10-2-407, as last amended by Laws of Utah 2003, Chapter 211
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 10-2-407 is amended to read:
29 10-2-407. Protest to annexation petition -- Township planning commission
30 recommendation -- Petition requirements -- Disposition of petition if no protest filed.
31 (1) (a) A protest to an annexation petition under Section 10-2-403 may be filed by:
32 (i) the legislative body or governing board of an affected entity; or
33 (ii) for a proposed annexation of an area within a county of the first or second class, the
34 owners of private real property that:
35 (A) is located in the unincorporated area within 1/2 mile of the area proposed for
36 annexation;
37 (B) covers at least 25% of the private land area located in the unincorporated area
38 within 1/2 mile of the area proposed for annexation; and
39 (C) is equal in value to at least 15% of all real property located in the unincorporated
40 area within 1/2 mile of the area proposed for annexation.
41 (b) (i) A planning commission of a township located in a county of the first or second
42 class may recommend to the legislative body of the county in which the township is located
43 that the county legislative body file a protest against a proposed annexation under this part of
44 an area located within the township.
45 (ii) (A) The township planning commission shall communicate each recommendation
46 under Subsection (1)(b)(i) in writing to the county legislative body within 30 days of the city
47 recorder or town clerk's certification of the annexation petition under Subsection 10-2-405 (2)
48 (c)(i).
49 (B) At the time the recommendation is communicated to the county legislative body
50 under Subsection (1)(b)(ii)(A), the township planning commission shall mail or deliver a copy
51 of the recommendation to the legislative body of the proposed annexing municipality and to the
52 contact sponsor.
53 (2) (a) Each protest under Subsection (1)(a) shall:
54 (i) be filed:
55 (A) no later than 30 days after the municipal legislative body's receipt of the notice of
56 certification under Subsection 10-2-405 (2)(c)(i); and
57 (B) (I) in a county that has already created a commission under Section 10-2-409 , with
58 the commission; or

59 (II) in a county that has not yet created a commission under Section 10-2-409 , with the
60 clerk of the county in which the area proposed for annexation is located; and
61 (ii) state each reason for the protest of the annexation petition and, if the area proposed
62 to be annexed is located in a specified county, justification for the protest under the standards
63 established in this chapter;
64 (iii) if the area proposed to be annexed is located in a specified county, contain other
65 information that the commission by rule requires or that the party filing the protest considers
66 pertinent; and
67 (iv) the name and address of a contact person who is to receive notices sent by the
68 commission with respect to the protest proceedings.
69 (b) The party filing a protest under this section shall on the same date deliver or mail a
70 copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
71 (c) Each clerk who receives a protest under Subsection (2)(a)(i)(B)(II) shall
72 immediately notify the county legislative body of the protest and shall deliver the protest to the
73 boundary commission within five days of its creation under Subsection 10-2-409 (1)(b).
74 (d) Each protest of a proposed annexation of an area located in a county of the first or
75 second class under Subsection (1)(a)(ii) shall, in addition to the requirements of Subsections
76 (2)(a) and (b):
77 (i) indicate the typed or printed name and current residence address of each owner
78 signing the protest; and
79 (ii) designate one of the signers of the protest as the contact person and state the
80 mailing address of the contact person.
81 (3) (a) (i) If a protest is filed under this section:
82 (A) the municipal legislative body may, at its next regular meeting after expiration of
83 the deadline under Subsection (2)(a)(i)(A) [and, for a proposed annexation of an area located in
84 a county of the first class], deny the annexation petition, except as provided in Subsection
85 (3)(a)(iii)[, deny the annexation petition]; or
86 (B) if the municipal legislative body does not deny the annexation petition under
87 Subsection (3)(a)(i)(A), the municipal legislative body may take no further action on the
88 annexation petition until after receipt of the commission's notice of its decision on the protest
89 under Section 10-2-416 .

90 (ii) If a municipal legislative body denies an annexation petition under Subsection
91 (3)(a)(i)(A), the municipal legislative body shall, within five days of the denial, send notice of
92 the denial in writing to:
93 (A) the contact sponsor of the annexation petition;
94 (B) the commission;
95 (C) each entity that filed a protest; and
96 (D) if a protest was filed under Subsection (1)(a)(ii) for a proposed annexation of an
97 area located in a county of the first class, the contact person.
98 (iii) A municipal legislative body may not deny an annexation petition proposing to
99 annex an area located in a county of the first class if:
100 (A) the petition contains the signatures of the owners of private real property that:
101 (I) is located within the area proposed for annexation;
102 (II) covers a majority of the private land area within the area proposed for annexation;
103 and
104 (III) is equal in value to at least 1/2 of the value of all private real property within the
105 area proposed for annexation;
106 (B) the population in the area proposed for annexation does not exceed 10% of the
107 population of the proposed annexing municipality;
108 (C) the property tax rate for municipal services in the area proposed to be annexed is
109 higher than the property tax rate of the proposed annexing municipality; and
110 (D) all annexations by the proposed annexing municipality during the year that the
111 petition was filed have not increased the municipality's population by more than 20%.
112 (b) (i) If no timely protest is filed under this section, the municipal legislative body
113 may, subject to Subsection (3)(b)(ii), grant the petition and, by ordinance, annex the area that is
114 the subject of the annexation petition.
115 (ii) Before granting an annexation petition under Subsection (3)(b)(i), the municipal
116 legislative body shall:
117 (A) hold a public hearing; and
118 (B) at least seven days before the public hearing under Subsection (3)(b)(ii)(A):
119 (I) publish notice of the hearing in a newspaper of general circulation within the
120 municipality and the area proposed for annexation; or

121 (II) if there is no newspaper of general circulation in those areas, post written notices of
122 the hearing in conspicuous places within those areas that are most likely to give notice to
123 residents within those areas.




Legislative Review Note
as of 11-29-07 12:43 PM

Office of Legislative Research and General Counsel