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H.B. 363 Enrolled
AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; MODIFYING
DEFINITIONS; MODIFYING THE PROCESS OF INCORPORATING A CITY;
REQUIRING A FEASIBILITY STUDY; REQUIRING THE COUNTY LEGISLATIVE
BODY TO HOLD AN ELECTION; PROVIDING FOR THE SELECTION OF THE
FORM OF GOVERNMENT AND THE ELECTION OF OFFICERS; MODIFYING THE
PROCESS OF ANNEXING UNINCORPORATED TERRITORY TO A
MUNICIPALITY; REQUIRING A FEASIBILITY STUDY IF A PROTEST IS FILED;
REPEALING TOWNSHIP PROVISIONS; MODIFYING PLANNING DISTRICT
PROVISIONS; ALLOWING THE FORMATION OF A PLANNING DISTRICT
WITHIN THE BOUNDARIES OF A FORMER TOWNSHIP; AND MAKING
TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-1-104, as last amended by Chapter 25, Laws of Utah 1979
10-2-510, as enacted by Chapter 132, Laws of Utah 1996
10-2-610, as last amended by Chapter 68, Laws of Utah 1984
10-3-1203, as last amended by Chapter 79, Laws of Utah 1996
10-6-111, as last amended by Chapter 3, Laws of Utah 1988
17-27-200.5, as last amended by Chapter 157, Laws of Utah 1996
17-27-201, as last amended by Chapters 179 and 225, Laws of Utah 1995
17-27-204, as last amended by Chapter 225, Laws of Utah 1995
ENACTS:
10-2-115, Utah Code Annotated 1953
10-2-116, Utah Code Annotated 1953
10-2-117, Utah Code Annotated 1953
10-2-118, Utah Code Annotated 1953
10-2-119, Utah Code Annotated 1953
10-2-120, Utah Code Annotated 1953
10-2-121, Utah Code Annotated 1953
10-2-122, Utah Code Annotated 1953
10-2-123, Utah Code Annotated 1953
10-2-124, Utah Code Annotated 1953
10-2-125, Utah Code Annotated 1953
17-27-206, Utah Code Annotated 1953
REPEALS AND REENACTS:
10-2-101, as last amended by Chapter 27, Laws of Utah 1983
10-2-102, as last amended by Chapter 227, Laws of Utah 1993
10-2-103, as last amended by Chapter 51, Laws of Utah 1988
10-2-104, as last amended by Chapter 227, Laws of Utah 1993
10-2-105, as last amended by Chapter 227, Laws of Utah 1993
10-2-106, as enacted by Chapter 48, Laws of Utah 1977
10-2-107, as enacted by Chapter 48, Laws of Utah 1977
10-2-108, as last amended by Chapter 20, Laws of Utah 1995
10-2-109, as last amended by Chapter 227, Laws of Utah 1993
10-2-110, as last amended by Chapters 4 and 227, Laws of Utah 1993
10-2-111, as last amended by Chapter 68, Laws of Utah 1984
10-2-112, as last amended by Chapter 27, Laws of Utah 1983
10-2-113, as enacted by Chapter 48, Laws of Utah 1977
10-2-114, as enacted by Chapter 13, Laws of Utah 1980
10-2-401, as last amended by Chapter 125, Laws of Utah 1996
10-2-402, as last amended by Chapter 227, Laws of Utah 1993
10-2-403, as enacted by Chapter 25, Laws of Utah 1979
10-2-404, as enacted by Chapter 25, Laws of Utah 1979
10-2-405, as enacted by Chapter 25, Laws of Utah 1979
10-2-406, as enacted by Chapter 25, Laws of Utah 1979
10-2-407, as enacted by Chapter 25, Laws of Utah 1979
10-2-408, as last amended by Chapter 227, Laws of Utah 1993
10-2-409, as enacted by Chapter 25, Laws of Utah 1979
10-2-410, as enacted by Chapter 25, Laws of Utah 1979
10-2-411, as enacted by Chapter 25, Laws of Utah 1979
10-2-412, as enacted by Chapter 25, Laws of Utah 1979
10-2-413, as enacted by Chapter 25, Laws of Utah 1979
10-2-414, as enacted by Chapter 25, Laws of Utah 1979
10-2-415, as last amended by Chapter 72, Laws of Utah 1996
10-2-416, as last amended by Chapter 308, Laws of Utah 1996
10-2-417, as last amended by Chapters 20 and 240, Laws of Utah 1995
10-2-418, as last amended by Chapter 20, Laws of Utah 1995
10-2-419, as last amended by Chapter 92, Laws of Utah 1989
10-2-420, as enacted by Chapter 25, Laws of Utah 1979
10-2-421, as enacted by Chapter 25, Laws of Utah 1979
10-2-422, as last amended by Chapter 125, Laws of Utah 1996
REPEALS:
10-2-101.5, as last amended by Chapter 227, Laws of Utah 1993
10-2-102.1, as enacted by Chapter 308, Laws of Utah 1996
10-2-102.2, as last amended by Chapter 308, Laws of Utah 1996
10-2-102.3, as enacted by Chapter 308, Laws of Utah 1996
10-2-102.4, as last amended by Chapter 227, Laws of Utah 1993
10-2-102.6, as last amended by Chapter 308, Laws of Utah 1996
10-2-102.8, as last amended by Chapter 308, Laws of Utah 1996
10-2-102.10, as last amended by Chapter 227, Laws of Utah 1993
10-2-102.12, as enacted by Chapter 27, Laws of Utah 1983
10-2-106.5, as last amended by Chapter 227, Laws of Utah 1993
10-2-106.8, as enacted by Chapter 308, Laws of Utah 1996
10-2-108.5, as last amended by Chapter 27, Laws of Utah 1983
10-2-423, as enacted by Chapter 25, Laws of Utah 1979
10-2-424, as last amended by Chapter 138, Laws of Utah 1985
17-27a-101, as enacted by Chapter 308, Laws of Utah 1996
17-27a-102, as enacted by Chapter 308, Laws of Utah 1996
17-27a-103, as enacted by Chapter 308, Laws of Utah 1996
17-27a-104, as enacted by Chapter 308, Laws of Utah 1996
17-27a-105, as enacted by Chapter 308, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-1-104 is amended to read:
10-1-104. Definitions.
As used in this [
[
second class [
classified in Section 10-2-301.
[
(a) if used to described an area, continuous, uninterrupted, and without an island of territory
not included as part of the area; and
(b) if used to describe an area's relationship to another area, sharing a common boundary.
[
municipality. Unless otherwise provided:
(a) In [
commission;
(b) In [
(c) In [
(4) "Municipal" means of or relating to a municipality.
[
city of the second class, city of the third class, or a town [
[
not completely, by incorporated territory and situated so that the length of a line drawn across the
unincorporated area from an incorporated area to an incorporated area on the opposite side shall be
less than 25% of the total aggregate boundaries of the unincorporated area.
[
rules, and regulations properly adopted by any municipality unless the construction is clearly
contrary to the intent of state law.
[
to a town [
[
[
[
[
(10) "Unincorporated" means not within a municipality.
Section 2. Section 10-2-101 is repealed and reenacted to read:
10-2-101. Definitions.
(1) As used in this part:
(a) "Commission" means a boundary commission established under Section 10-2-409 for
the county in which the property that is proposed to be incorporated is located.
(b) "Feasibility consultant" means a person or firm with expertise in the processes and
economics of local government.
(c) "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.
(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 request or petition; 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 request or petition.
(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
request or petition:
(a) a parcel of real property may not be included in the calculation of the required percentage
or majority unless the request or petition is signed by:
(i) except as provided in Subsection (3)(a)(ii), owners representing a majority ownership
interest in that parcel; or
(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 request or petition 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 request or petition with the person's signature; and
(ii) the person provides documentation accompanying the request or petition that
substantiates the person's representative capacity; and
(c) subject to Subsection (3)(b), a duly appointed personal representative may sign a request
or petition on behalf of a deceased owner.
Section 3. Section 10-2-102 is repealed and reenacted to read:
10-2-102. Incorporation of a contiguous area.
(1) A contiguous area of a county not within a municipality may incorporate as a
municipality as provided in this part.
(2) Incorporation as a city is governed by Sections 10-2-103 through 10-2-124.
Incorporation as a town is governed by Section 10-2-125.
Section 4. Section 10-2-103 is repealed and reenacted to read:
10-2-103. Request for feasibility study -- Requirements -- Limitations.
(1) The process to incorporate a contiguous area of a county as a city is initiated by a request
for a feasibility study filed with the clerk of the county in which the area is located.
(2) Each request under Subsection (1) shall:
(a) be signed by the owners of private real property that:
(i) is located within the area proposed to be incorporated;
(ii) covers at least 10% of the total private land area within the area; and
(iii) is equal in value to at least 7% of the value of all private real property within the area;
(b) indicate the typed or printed name and current residence address of each owner signing
the request;
(c) describe the contiguous area proposed to be incorporated as a city;
(d) designate up to five signers of the request as sponsors, one of whom shall be designated
as the contact sponsor, with the mailing address and telephone number of each;
(e) be accompanied by and circulated with an accurate map or plat, prepared by a licensed
surveyor, showing the boundaries of the proposed city; and
(f) request the county legislative body to commission a study to determine the feasibility of
incorporating the area as a city.
(3) A request for a feasibility study under this section may not describe an area that includes
some or all of an area that is the subject of a completed feasibility study or supplemental feasibility
study whose results comply with Subsection 10-2-109(3) unless:
(a) the proposed incorporation that is the subject of the completed feasibility study or
supplemental feasibility study has been defeated by the voters at an election under Section 10-2-111;
or
(b) the time provided under Subsection 10-2-109(1) for filing an incorporation petition based
on the completed feasibility study or supplemental feasibility study has elapsed without the filing
of a petition.
(4) A request under this section may not describe an area that includes some or all of an area
proposed for annexation in an annexation petition under Section 10-2-403 that:
(a) was filed before the filing of the request; and
(b) is still pending on the date the request is filed.
Section 5. Section 10-2-104 is repealed and reenacted to read:
10-2-104. Notice to owner of more than 1% of property -- Exclusion of property from
proposed boundaries.
(1) Within seven calendar days of the date on which a request under Section 10-2-103 is
filed, the county clerk shall notify of the proposed incorporation each owner of real property owning
more than 1% of the assessed value of all property in the proposed incorporation boundaries.
(2) (a) A property owner within the boundaries of a proposed municipality, owning more
than 1% of the assessed value of all property in the proposed incorporation boundaries, may exclude
all or part of the property owner's property from the proposed boundaries by filing a Notice of
Exclusion within ten calendar days of receiving the clerk's notice under Subsection (1).
(b) The county legislative body shall exclude the property identified in the Notice of
Exclusion from the proposed boundaries only if the property:
(i) is currently nonurban;
(ii) does not or will not require municipal provision of municipal-type services including:
(A) culinary or irrigation water;
(B) sewage collection or treatment;
(C) storm drainage or flood control;
(D) recreational facilities or parks;
(E) electric generation or transportation;
(F) construction or maintenance of local streets and roads;
(G) curb and gutter or sidewalk maintenance;
(H) garbage and refuse collection; and
(I) street lighting; and
(iii) exclusion will not leave an unincorporated island within the proposed municipality.
(3) This section applies only to counties of the first class.
(4) If the county legislative body excludes property from the proposed boundaries under
Subsection (2)(b), the county legislative body shall, within five days of the exclusion, send written
notice of its action to the contact sponsor.
Section 6. Section 10-2-105 is repealed and reenacted to read:
10-2-105. Processing a request for feasibility study -- Certification or rejection by
county clerk -- Processing priority -- Limitations.
(1) Within 45 days of the filing of a request under Section 10-2-103, the county clerk shall:
(a) with the assistance of other county officers from whom the clerk requests assistance,
determine whether the request complies with Section 10-2-103; and
(b) (i) if the clerk determines that the request complies with Section 10-2-103, certify the
request, deliver the certified request to the county legislative body, and notify in writing the contact
sponsor of the certification; or
(ii) if the clerk determines that the request fails to comply with any of those requirements,
reject the request and notify the contact sponsor in writing of the rejection and the reasons for the
rejection.
(2) The county clerk shall certify or reject requests under Subsection (1) in the order in
which they are filed.
(3) (a) If the county clerk rejects a request under Subsection (1)(b)(ii), the request may be
modified to correct the deficiencies for which it was rejected and then refiled with the county clerk.
(b) If a request is refiled under Subsection (3)(a) after having been rejected by the county
clerk under Subsection (1)(b)(ii), it shall be considered as a newly filed request, and its processing
priority is determined by the date on which it is refiled.
Section 7. Section 10-2-106 is repealed and reenacted to read:
10-2-106. Feasibility study -- Feasibility study consultant.
(1) Within 60 days of receipt of a certified request under Subsection 10-2-105(1)(b)(i), the
county legislative body shall engage the feasibility consultant chosen under Subsection (2) to
conduct a feasibility study.
(2) The feasibility consultant shall be chosen by a majority vote of a selection committee
consisting of:
(a) a person designated by the county legislative body;
(b) a person designated by the sponsors of the request for a feasibility study; and
(c) a person designated by the governor.
(3) The county legislative body shall require the feasibility consultant to:
(a) complete the feasibility study and submit the written results to the county legislative
body and the contact sponsor no later than 90 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 one page in length; and
(c) attend the public hearings under Subsection 10-2-108(1) and present the feasibility study
results and respond to questions from the public at those hearings.
(4) (a) The feasibility study shall consider:
(i) the population and population density within the area proposed for incorporation and the
surrounding area;
(ii) the history, geography, geology, and topography of and natural boundaries within the
area proposed to be incorporated and the surrounding area;
(iii) whether the proposed boundaries eliminate or create an unincorporated island or
peninsula;
(iv) whether the proposed incorporation will hinder or prevent a future and more logical and
beneficial incorporation or a future logical and beneficial annexation;
(v) the fiscal impact on unincorporated areas, other municipalities, special districts, and other
governmental entities in the county;
(vi) current and five-year projections of demographics and economic base in the proposed
city and surrounding area, including household size and income, commercial and industrial
development, and public facilities;
(vii) projected growth in the proposed city and in adjacent areas during the next five years;
(viii) the present and five-year projections of the cost of governmental services in the
proposed city;
(ix) the present and five-year projected revenue for the proposed city;
(x) the projected impact the incorporation will have over the following five years on the
amount of taxes that property owners within the proposed city and in the remaining unincorporated
county will pay;
(xi) past expansion in terms of population and construction in the proposed city and the
surrounding area;
(xii) the extension of the boundaries of other nearby municipalities during the past ten years,
the willingness of those municipalities to annex the area proposed for incorporation, and the
probability that those municipalities would annex territory within the area proposed for incorporation
within the next five years except for the incorporation; and
(xiii) whether the legislative body of the county in which the area proposed to be
incorporated favors the incorporation proposal.
(b) For purposes of Subsection (4)(a)(ix), the feasibility consultant shall assume ad valorem
property tax rates on residential property within the proposed city at the same level at which they
would have been without the incorporation.
(c) For purposes of Subsection (4)(a)(viii), the feasibility consultant shall assume that the
level and quality of governmental services that will be provided to the proposed city in the future
is essentially comparable to the level and quality of governmental services being provided to the
proposed city at the time of the feasibility study.
(5) If the results of the feasibility study do not meet the requirements of Subsection
10-2-109(3), the feasibility consultant shall, as part of the feasibility study and if requested by the
sponsors of the request, make recommendations as to how the boundaries of the proposed city may
be altered so that the requirements of Subsection 10-2-109(3) may be met.
Section 8. Section 10-2-107 is repealed and reenacted to read:
10-2-107. Modified request for feasibility study -- Supplemental feasibility study.
(1) (a) If the results of the feasibility study do not meet the requirements of Subsection
10-2-109(3), the sponsors of the request may, within 90 days of the feasibility consultant's
submission of the results of the study, file with the county clerk a modified request altering the
boundaries of the proposed city.
(b) Each modified request under Subsection (1)(a) shall comply with the requirements of
Subsections 10-2-103(2), (3), and (4).
(2) Within 20 days of the county clerk's receipt of the modified request, the county clerk
shall follow the same procedure for the modified request as provided under Subsection 10-2-105(1)
for an original request.
(3) The timely filing of a modified request under Subsection (1) gives the modified request
the same processing priority under Subsection 10-2-105(2) as the original request.
(4) Within ten days of the county legislative body's receipt of a certified modified request,
the county legislative body shall commission the feasibility consultant who conducted the feasibility
study to supplement the feasibility study to take into account the information in the modified request
that was not included in the original request.
(5) The county legislative body shall require the feasibility consultant to complete the
supplemental feasibility study and to submit written results of the supplemental study to the county
legislative body and to the contact sponsor no later than 30 days after the feasibility consultant is
commissioned to conduct the supplemental feasibility study.
(6) (a) Subject to Subsection (6)(b), if the results of the supplemental feasibility study do not
meet the requirements of Subsection 10-2-109(3):
(i) the sponsors may file a further modified request as provided in Subsection (1); and
(ii) Subsections (2), (4), and (5) apply to a further modified request under Subsection
(6)(a)(i).
(b) A further modified request under Subsection (6)(a) shall, for purposes of its processing
priority, be considered as an original request for a feasibility study under Section 10-2-103.
Section 9. Section 10-2-108 is repealed and reenacted to read:
10-2-108. Public hearings on feasibility study results -- Notice of hearings.
(1) If the results of the feasibility study or supplemental feasibility study meet the
requirements of Subsection 10-2-109(3), the county legislative body shall, at its next regular meeting
after receipt of the results of the feasibility study or supplemental feasibility study, schedule at least
two public hearings to be held:
(a) within the following 60 days;
(b) at least seven days apart;
(c) in geographically diverse locations within the proposed city; and
(d) for the purpose of allowing:
(i) the feasibility consultant to present the results of the study; and
(ii) the public to become informed about the feasibility study results and to ask questions
about those results of the feasibility consultant.
(2) (a) (i) The county clerk shall publish notice of the public hearings required under
Subsection (1) at least once a week for three successive weeks in a newspaper of general circulation
within the proposed city.
(ii) The last publication of notice required under Subsection (2)(a)(i) shall be at least three
days before the first public hearing required under Subsection (1).
(b) (i) If there is no newspaper of general circulation within the proposed city, the county
clerk shall post at least one notice of the hearings per 1,000 population in conspicuous places within
the proposed city that are most likely to give notice of the hearings to the residents of the proposed
city.
(ii) The clerk shall post the notices under Subsection (2)(b)(i) at least seven days before the
first hearing under Subsection (1).
(c) The notice under Subsections (2)(a) and (b) shall include the feasibility study summary
under Subsection 10-2-106(3)(b) and shall indicate that a full copy of the study is available for
inspection and copying at the office of the county clerk.
Section 10. Section 10-2-109 is repealed and reenacted to read:
10-2-109. Incorporation petition -- Requirements and form.
(1) At any time within 18 months of the completion of the public hearings required under
Subsection 10-2-108(1), a petition for incorporation of the area proposed to be incorporated as a city
may be filed in the office of the clerk of the county in which the area is located.
(2) Each petition under Subsection (1) shall:
(a) be signed by the owners of private real property that:
(i) is located within the area proposed to be incorporated;
(ii) covers a majority of the total private land area within the area; and
(iii) is equal in value to at least 1/3 of the value of all private real property within the area;
(b) indicate the typed or printed name and current residence address of each owner signing
the petition;
(c) describe the area proposed to be incorporated as a city, as described in the feasibility
study request or modified request that meets the requirements of Subsection (3);
(d) state the proposed name for the proposed city;
(e) designate five signers of the petition as petition sponsors, one of whom shall be
designated as the contact sponsor, with the mailing address and telephone number of each;
(f) state that the signers of the petition appoint the sponsors, if the incorporation measure
passes, to represent the signers in the process of:
(i) selecting the number of commission or council members the new city should have; and
(ii) drawing district boundaries for the election of commission or council members, if the
voters decide to elect commission or council members by district;
(g) be accompanied by and circulated with an accurate plat or map, prepared by a licensed
surveyor, showing the boundaries of the proposed city; and
(h) substantially comply with and be circulated in the following form:
PETITION FOR INCORPORATION OF (insert the proposed name of the proposed city)
To the Honorable County Legislative Body of (insert the name of the county in which the
proposed city is located) County, Utah:
We, the undersigned owners of real property within the area described in this petition,
respectfully petition the county legislative body to submit to the registered voters residing within the
area described in this petition, at a special election held for that purpose, the question of whether the
area should incorporate as a city. Each of the undersigned affirms that each has personally signed
this petition and is an owner of real property within the described area, and that the current residence
address of each is correctly written after the signer's name. The area proposed to be incorporated
as a city is described as follows: (insert an accurate description of the area proposed to be
incorporated).
(3) A petition for incorporation under Subsection (1) may not be filed unless the results of
the feasibility study or supplemental feasibility study show that the average annual amount under
Subsection 10-2-106(4)(a)(ix) does not exceed the average annual amount under Subsection
10-2-106(4)(a)(viii) by more than 5%.
(4) A signature on a request under Section 10-2-103 may be used toward the signature
requirement of Subsection (2)(a):
(a) if the request under Section 10-2-103 notified the signer in conspicuous language that
the signature, unless withdrawn, would also be used for purposes of a petition for incorporation
under this section; and
(b) unless the signer files with the county clerk a written withdrawal of the signature before
the petition under this section is filed with the clerk.
Section 11. Section 10-2-110 is repealed and reenacted to read:
10-2-110. Processing of petition by county clerk -- Certification or rejection --
Processing priority.
(1) Within 45 days of the filing of a petition under Section 10-2-109, the county clerk shall:
(a) with the assistance of other county officers from whom the clerk requests assistance,
determine whether the petition meets the requirements of Section 10-2-109; and
(b) (i) if the clerk determines that the petition meets those requirements, certify the petition,
deliver it to the county legislative body, and notify in writing the contact sponsor of the certification;
or
(ii) if the clerk determines that the petition fails to meet any of those requirements, reject the
petition and notify the contact sponsor in writing of the rejection and the reasons for the rejection.
(2) (a) If the county clerk rejects a petition under Subsection (1)(b)(ii), the petition may be
modified to correct the deficiencies for which it was rejected and then refiled with the county clerk.
(b) A modified petition under Subsection (2)(a) may be filed at any time until 30 days after
the county clerk notifies the contact sponsor under Subsection (1)(b)(ii), even though the modified
petition is filed after the expiration of the deadline provided in Subsection 10-2-109(1).
(3) (a) Within 20 days of the county clerk's receipt of a modified petition under Subsection
(2)(a), the county clerk shall follow the same procedure for the modified petition as provided under
Subsection (1) for an original petition.
(b) If a county clerk rejects a modified petition under Subsection (1)(b)(ii), no further
modification of that petition may be filed.
Section 12. Section 10-2-111 is repealed and reenacted to read:
10-2-111. Incorporation election.
(1) At the next special election date under Section 20A-1-204 more than 45 days after the
county legislative body's receipt of the certified petition or certified modified petition under
Subsection 10-2-110(1)(b)(i), the county legislative body shall hold an election on the proposed
incorporation.
(2) (a) The county clerk shall publish notice of the election in a newspaper of general
circulation within the area proposed to be incorporated at least once a week for three successive
weeks.
(b) The notice required by Subsection (2)(a) shall contain:
(i) a statement of the contents of the petition;
(ii) a description of the area proposed to be incorporated as a city;
(iii) a statement of the date and time of the election and the location of polling places; and
(iv) the feasibility study summary under Subsection 10-2-106(3)(b) and a statement that a
full copy of the study is available for inspection and copying at the office of the county clerk.
(c) The last publication of notice required under Subsection (2)(a) shall occur at least one
day but no more than seven days before the election.
(d) (i) If there is no newspaper of general circulation within the proposed city, the county
clerk shall post at least one notice of the election per 1,000 population in conspicuous places within
the proposed city that are most likely to give notice of the election to the voters of the proposed city.
(ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days before the
election under Subsection (1).
Section 13. Section 10-2-112 is repealed and reenacted to read:
10-2-112. Ballot used at the incorporation election.
(1) The ballot at the incorporation election under Subsection 10-2-111(1) shall pose the
incorporation question substantially as follows:
Shall the area described as (insert a description of the proposed city) be incorporated as the
city of (insert the proposed name of the proposed city)?
(2) The ballot shall provide a space for the voter to answer yes or no to the question in
Subsection (1).
(3) (a) The ballot at the incorporation election shall also pose the question relating to the
form of government substantially as follows:
If the above incorporation proposal passes, under what form of municipal government shall
(insert the name of the proposed city) operate? Vote for one:
City (insert "Commission" for a city of the first or second class or "Council" for a city of the
third class) form
Council-Mayor form
Council-Manager form.
(b) The ballot shall provide a space for the voter to vote for one form of government.
(4) (a) The ballot at the incorporation election shall also pose the question of whether to elect
city commission or council members by district substantially as follows:
If the above incorporation proposal passes, shall members of the city (insert "commission"
or "council," as the case may be) of (insert the name of the proposed city) be elected by district?
(b) The ballot shall provide a space for the voter to answer yes or no to the question in
Subsection (4)(a).
Section 14. Section 10-2-113 is repealed and reenacted to read:
10-2-113. Notification to lieutenant governor of incorporation election results.
Within ten days of the canvass of the incorporation election, the county clerk shall send
written notice to the lieutenant governor of:
(1) the results of the election; and
(2) if the incorporation measure passes:
(a) the name of the city; and
(b) the class of the city as provided under Section 10-2-301.
Section 15. Section 10-2-114 is repealed and reenacted to read:
10-2-114. Determination of number of commission or council members --
Determination of election districts -- Hearings and notice.
(1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of the
canvass of the election under Section 10-2-111:
(a) if the voters at the incorporation election choose either the council-mayor or the
council-manager form of government, determine the number of commission or council members that
will constitute the commission or council of the future city;
(b) if the voters at the incorporation election vote to elect commission or council members
by district, determine the number of commission or council members to be elected by district and
draw the boundaries of those districts, which shall be substantially equal in population;
(c) determine the initial terms of the mayor and members of the city commission or council
so that:
(i) the mayor and approximately half the members of the city commission or council are
elected to serve an initial term, of no less than one year, that allows their successors to serve a full
four-year term that coincides with the schedule established in Subsection 10-3-203(1) for a first class
city, Subsection 10-3-204(1) for a second class city, and Subsection 10-3-205(1) for a third class
city; and
(ii) the remaining members of the city commission or council are elected to serve an initial
term, of no less than one year, that allows their successors to serve a full four-year term that
coincides with the schedule established in Subsection 10-3-203(2) for a first class city, Subsection
10-3-204(2) for a second class city, and Subsection 10-3-205(2) for a third class city; and
(d) submit in writing to the county legislative body the results of the sponsors'
determinations under Subsections (1)(a), (b), and (c).
(2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
sponsors shall hold a public hearing within the future city on the applicable issues under Subsections
(1)(a), (b), and (c).
(b) (i) The petition sponsors shall publish notice of the public hearing under Subsection
(2)(a) in a newspaper of general circulation within the future city at least once a week for two
successive weeks before the hearing.
(ii) The last publication of notice under Subsection (2)(b)(i) shall be at least three days
before the public hearing under Subsection (2)(a).
(c) (i) If there is no newspaper of general circulation within the future city, the petition
sponsors shall post at least one notice of the hearing per 1,000 population in conspicuous places
within the future city that are most likely to give notice of the hearing to the residents of the future
city.
(ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least seven days
before the hearing under Subsection (2)(a).
Section 16. Section 10-2-115 is enacted to read:
10-2-115. Notice of number of commission or council members to be elected and of
district boundaries -- Declaration of candidacy for city office.
(1) (a) Within 20 days of the county legislative body's receipt of the information under
Subsection 10-2-114(1)(d), the county clerk shall publish in a newspaper of general circulation
within the future city a notice containing:
(i) the number of commission or council members to be elected for the new city;
(ii) if some or all of the commission or council members are to be elected by district, a
description of the boundaries of those districts as designated by the petition sponsors under
Subsection 10-2-114(1)(b);
(iii) information about the deadline for filing a declaration of candidacy for those seeking
to become candidates for mayor or city commission or council; and
(iv) information about the length of the initial term of each of the city officers, as determined
by the petition sponsors under Subsection 10-2-114(1)(c).
(b) The notice under Subsection (1)(a) shall be published at least once a week for two
successive weeks.
(c) (i) If there is no newspaper of general circulation within the future city, the county clerk
shall post at least one notice per 1,000 population in conspicuous places within the future city that
are most likely to give notice to the residents of the future city.
(ii) The notice under Subsection (1)(c)(i) shall contain the information required under
Subsection (1)(a).
(iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least seven days
before the deadline for filing a declaration of candidacy under Subsection (2).
(2) Notwithstanding Subsection 20A-2-203(2)(a), each person seeking to become a
candidate for mayor or city commission or council of a city incorporating under this part shall,
within 45 days of the incorporation election under Section 10-2-111, file a declaration of candidacy
with the clerk of the county in which the future city is located.
Section 17. Section 10-2-116 is enacted to read:
10-2-116. Election of officers of new city.
(1) For the election of city officers, the county legislative body shall:
(a) unless a primary election is prohibited by Subsection 20A-9-404(2), hold a primary
election; and
(b) hold a final election.
(2) Each election under Subsection (1) shall be:
(a) appropriate to the form of government chosen by the voters at the incorporation election;
(b) consistent with the voters' decision about whether to elect commission or council
members by district and, if applicable, consistent with the boundaries of those districts as determined
by the petition sponsors; and
(c) consistent with the sponsors' determination of the number of commission or council
members to be elected and the length of their initial term.
(3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), the primary
election under Subsection (1)(a) shall be held at the earliest of the next:
(i) regular general election under Section 20A-1-201;
(ii) municipal primary election under Section 20A-9-404;
(iii) municipal general election under Section 20A-1-202; or
(iv) special election under Section 20A-1-204.
(b) Notwithstanding Subsection (3)(a), the primary election under Subsection (1)(a) may not
be held until 75 days after the incorporation election under Section 10-2-111.
(4) Except as provided in Subsection (5), the final election under Subsection (1)(b) shall be
held at the next special election date under Section 20A-1-204:
(a) after the primary election; or
(b) if there is no primary election, more than 75 days after the incorporation election under
Section 10-2-111.
(5) Notwithstanding Subsections (3) and (4), the county legislative body may hold the
primary and final elections required under Subsection (1) on the dates provided for the next
municipal primary election under Section 20A-9-404 and the next municipal general election under
Section 20A-1-202, respectively, after the incorporation election, if:
(a) with the results under Subsection 10-2-114(1)(d), the petition sponsors submit to the
county legislative body a written request to that effect; and
(b) the incorporation election under Section 10-2-111 took place in February or May of an
odd-numbered year.
(6) (a) (i) The county clerk shall publish notice of an election under this section at least once
a week for two successive weeks in a newspaper of general circulation within the future city.
(ii) The later notice under Subsection (6)(a)(i) shall be at least one day but no more than
seven days before the election.
(b) (i) If there is no newspaper of general circulation within the future city, the county clerk
shall post at least one notice of the election per 1,000 population in conspicuous places within the
future city that are most likely to give notice of the election to the voters.
(ii) The county clerk shall post the notices under Subsection (6)(b)(i) at least seven days
before each election under Subsection (1).
(7) Until the city is incorporated, the county clerk is the election officer for all purposes in
an election of officers of the city approved at an incorporation election.
Section 18. Section 10-2-117 is enacted to read:
10-2-117. Notification to lieutenant governor of election of city officers.
Within ten days of the canvass of the final election of city officers under Section 10-2-116,
the county clerk shall send written notice to the lieutenant governor of the name and position of each
officer elected and the term for which each has been elected.
Section 19. Section 10-2-118 is enacted to read:
10-2-118. Elections governed by the Election Code.
Except as otherwise provided in this part, each election under this part shall be governed by
the provisions of Title 20A, Election Code.
Section 20. Section 10-2-119 is enacted to read:
10-2-119. Filing of articles of incorporation -- Certification of articles by lieutenant
governor.
(1) At any time after the canvass of the final election of city officers under Section 10-2-116,
the mayor-elect of the new city may file at least three copies of the articles of incorporation with the
lieutenant governor.
(2) The articles of incorporation shall:
(a) contain the name of the city;
(b) contain a geographical description of the city;
(c) contain the city's class according to population as defined in Section 10-2-301; and
(d) be signed and verified by the mayor-elect of the city.
(3) (a) Within ten days of receipt of the articles of incorporation of the new city, the
lieutenant governor shall:
(i) certify the articles of incorporation;
(ii) deliver one copy of the articles of incorporation to the clerk of the county in which the
new city is located; and
(iii) return one copy of the articles of incorporation to the mayor-elect of the new city.
(b) The lieutenant governor shall furnish a certified copy of the articles of incorporation to
any person on request and may charge a reasonable fee for the copy.
Section 21. Section 10-2-120 is enacted to read:
10-2-120. Alternative to filing articles of incorporation -- Powers of officers-elect.
(1) (a) Before filing articles of incorporation, the mayor-elect of the future city may file a
verified notice of intention to file the articles of incorporation.
(b) The notice under Subsection (1)(a) shall contain:
(i) the name of the future city;
(ii) a geographical description of the new city;
(iii) the city's class according to population as defined in Section 10-2-301; and
(iv) the proposed date for filing the articles of incorporation.
(2) On receipt of the notice under Subsection (1), the lieutenant governor shall:
(a) certify the notice;
(b) deliver one copy of the notice to the clerk of the county in which the future city is
located; and
(c) return one copy of the notice to the mayor-elect.
(3) Upon the lieutenant governor's certification of the notice and until the future city
becomes legally incorporated, the officers of the future city may:
(a) prepare and adopt, under Chapter 6, Uniform Fiscal Procedures Act For Utah Cities, a
proposed budget and compilation of ordinances;
(b) negotiate and make personnel contracts and hirings;
(c) negotiate and make service contracts;
(d) file the notification required by Section 11-12-3;
(e) negotiate and make contracts to purchase equipment, materials, and supplies; and
(f) borrow funds from the county in which the future city is located under Subsection
10-2-121(3).
(4) The city's legislative body shall review and ratify each contract made by the officers-elect
under Subsection (3) within 30 days of the effective date of incorporation under Section 10-2-122.
Section 22. Section 10-2-121 is enacted to read:
10-2-121. Division of municipal-type services revenues -- County may provide startup
funds -- Filing of plat or map.
(1) The county in which an area incorporating under this part is located shall, until the date
of the city's incorporation under Section 10-2-122, continue:
(a) to levy and collect ad valorem property tax and other revenues from or pertaining to the
future city; and
(b) except as otherwise agreed by the county and the officers-elect of the city after the filing
of the notice under Subsection 10-2-120(1), to provide the same services to the future city as the
county provided before the commencement of the incorporation proceedings.
(2) The legislative body of the county in which a newly incorporated city is located shall
share pro rata with the new city, based on the date of incorporation, the taxes and service charges
or fees levied and collected by the county under Section 17-34-3 during the year of the new city's
incorporation if and to the extent that the new city provides, by itself or by contract, the same
services for which the county levied and collected the taxes and service charges or fees.
(3) (a) The legislative body of a county in which an area incorporating under this part is
located may appropriate county funds to:
(i) before incorporation but after a notice under Subsection 10-2-120(1) is filed, the
officers-elect of the future city to pay startup expenses of the future city; or
(ii) after incorporation, the new city.
(b) Funds appropriated under Subsection (3)(a) may be distributed in the form of a grant,
a loan, or as an advance against future distributions under Subsection (2).
(4) Within 30 days of incorporation, the legislative body of the new city shall file with the
recorder of the county in which the new city is located a plat or map, prepared by a licensed
surveyor, showing the boundaries of the new city.
Section 23. Section 10-2-122 is enacted to read:
10-2-122. When incorporation complete -- Incorporation presumed conclusive.
(1) A city is incorporated upon the lieutenant governor's certification of the city's articles of
incorporation under Subsection 10-2-119(3)(a).
(2) Notwithstanding any other provision of law, a city shall be conclusively presumed to be
lawfully incorporated and existing if for two or more years following the city's incorporation:
(a) the city has levied and collected a property tax; and
(b) no challenge to the existence or incorporation of the city has been filed in the district
court for the county in which the city is located.
Section 24. Section 10-2-123 is enacted to read:
10-2-123. Costs of incorporation.
(1) Subject to Subsection (2), all costs of the incorporation proceeding, including request
certification, feasibility study, petition certification, publication of notices, public hearings, and
elections, shall be paid by the county in which the proposed city is located.
(2) If incorporation occurs, the new municipality shall reimburse the county for the costs of
the notices and hearing under Section 10-2-114, the notices and elections under Section 10-2-116,
and all other incorporation activities occurring after the elections under Section 10-2-116.
Section 25. Section 10-2-124 is enacted to read:
10-2-124. Incorporation petitions before May 5, 1997.
(1) Except as provided in Subsections (2) and (3), a petition for incorporation filed before
and still pending on May 5, 1997, that fails to comply with Section 10-2-109 is invalid.
(2) Notwithstanding Subsection (1), a petition for incorporation filed before and still pending
on May 5, 1997, that complies with Subsections 10-2-103(2)(a) through (d) and that is accompanied
by and circulated with an accurate plat or map showing the boundaries of the proposed city shall be
considered a valid request for a feasibility study under Section 10-2-103 and shall be processed in
accordance with the provisions of this part.
(3) Notwithstanding Subsection (1), the signatures on a petition that is invalid because of
Subsection (1) may be used toward fulfilling the signature requirement of a request for a feasibility
study under Subsection 10-2-103(2)(a).
Section 26. Section 10-2-125 is enacted to read:
10-2-125. Incorporation of a town.
(1) A contiguous area of a county not within a municipality, with a population of at least 100
but not more than 800, may incorporate as a town as provided in this section.
(2) (a) The process to incorporate an area as a town is initiated by filing a petition with the
clerk of the county in which the area is located.
(b) Each petition under Subsection (2)(a) shall:
(i) be signed by the owners of private real property that:
(A) is located within the area proposed to be incorporated;
(B) covers a majority of the total private land area within the area; and
(C) is equal in value to at least 1/3 of the value of all private real property within the area;
and
(ii) state the legal description of the boundaries of the area proposed to be incorporated as
a town.
(c) A petition under this section may not describe an area that includes some or all of an area
proposed for annexation in an annexation petition under Section 10-2-403 that:
(i) was filed before the filing of the petition; and
(ii) is still pending on the date the petition is filed.
(3) Section 10-2-104 applies to a petition for incorporation as a town, except that the notice
under Subsection 10-2-104(1) shall be sent within seven calendar days of the filing of a petition
under Subsection (2).
(4) (a) A county legislative body may treat a petition filed under Subsection (2) as a request
for a feasibility study under Section 10-2-103 and process it as a request under that section would
be processed under this part to determine whether the feasibility study results meet the requirements
of Subsection 10-2-109(3).
(b) If the results of a feasibility study under Subsection (4)(a) do not meet the requirements
of Subsection 10-2-109(3), the county legislative body may not approve the incorporation petition.
(c) If the results of the feasibility study under Subsection (4)(a) meet the requirements of
Subsection 10-2-109(3), the county legislative body may approve the incorporation petition, if the
county legislative body determines that the incorporation is in the best interests of the citizens of the
county and the proposed town.
(5) Upon approval of a petition filed under Subsection (2), the legislative body of the county
in which the proposed town is located shall appoint a mayor and members of the town council who
shall hold office until the next regular municipal election and until their successors are elected and
qualified.
(6) (a) (i) Each mayor appointed under Subsection (5) shall, within seven days of
appointment, file articles of incorporation of the new town with the lieutenant governor.
(ii) The articles of incorporation shall meet the requirements of Subsection 10-2-119(2).
(b) Within ten days of receipt of the articles of incorporation, the lieutenant governor shall:
(i) certify the articles of incorporation;
(ii) return a copy of the articles of incorporation to the appointed mayor; and
(iii) send a copy of the articles of incorporation to the recorder of the county in which the
town is located.
(7) A town is incorporated upon the lieutenant governor's certification of the articles of
incorporation.
(8) Within 30 days of incorporation, the legislative body of the new town shall file with the
recorder of the county in which the new town is located a plat or map, prepared by a licensed
surveyor, showing the boundaries of the town.
Section 27. Section 10-2-401 is repealed and reenacted to read:
10-2-401. Definitions.
(1) As used in this part:
(a) "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) "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.
(c) "Feasibility consultant" means a person or firm with expertise in the processes and
economics of local government.
(d) "Municipal selection committee" means a committee in each county composed of the
mayor of each municipality within that county.
(e) "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.
(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
(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 28. Section 10-2-402 is repealed and reenacted 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.
(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.
(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.
Section 29. Section 10-2-403 is repealed and reenacted 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 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 1/3 of the value of all private real property within the area
proposed for annexation;
(c) be accompanied by an accurate plat or 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
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) 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 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) to eliminate islands and peninsulas of territory that is not receiving municipal-type
services;
(b) to facilitate the consolidation of overlapping functions of local government;
(c) to promote the efficient delivery of services; and
(d) 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
the clerk of the county in which the area proposed for annexation is located.
Section 30. Section 10-2-404 is repealed and reenacted to read:
10-2-404. Annexation petitions before May 5, 1997.
(1) Except as provided in Subsection (3), each annexation petition filed before and still
pending on May 5, 1997, that fails to comply with the requirements of Subsections 10-2-403(2), (3),
and (4) is invalid.
(2) An annexation petition filed before and still pending on May 5, 1997, that complies with
the requirements of Subsections 10-2-403(2), (3), and (4) shall:
(a) except as provided in Subsection (2)(b), be considered to have been filed on May 5,
1997, and shall be processed according to the provisions of this part; and
(b) notwithstanding Subsection (2)(a), be given processing priority according to its actual
filing date.
(3) Notwithstanding Subsection (1), the signatures on an annexation petition that is invalid
because of Subsection (1) may be used toward fulfilling the signature requirement of Subsection
10-2-403(2)(b).
Section 31. Section 10-2-405 is repealed and reenacted to read:
10-2-405. Acceptance or rejection of an annexation petition -- Modified petition.
(1) (a) A municipal legislative body may:
(i) deny a petition filed under Section 10-2-403; or
(ii) accept the petition for further consideration under this part.
(b) If a municipal legislative body denies a petition under Subsection (1)(a)(i), it shall,
within five days of the denial, mail written notice of the denial to the contact sponsor and the clerk
of the county in which the area proposed for annexation is located.
(2) If the municipal legislative body accepts a petition under Subsection (1)(a)(ii), 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
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 notify in writing the municipal legislative body and the contact
sponsor of the certification; or
(ii) if the city recorder or town clerk determines that the petition fails to meet any of those
requirements, reject the petition and notify in writing the municipal legislative body and the contact
sponsor of the rejection and the reasons for the rejection.
(3) (a) 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.
(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 32. Section 10-2-406 is repealed and reenacted 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
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:
(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
(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)
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 33. Section 10-2-407 is repealed and reenacted to read:
10-2-407. Protest to annexation petition -- Requirements -- Disposition if no protest.
(1) A protest to an annexation petition under Section 10-2-403 may be filed by:
(a) the legislative body of the county in which the area proposed for annexation is located;
(b) the board of a special district whose boundaries include part or all of the area proposed
for annexation;
(c) the legislative body of a municipality whose boundaries are within 1/2 mile of the area
proposed for annexation; or
(d) 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.
(2) (a) Each protest under Subsection (1) shall:
(i) be filed:
(A) except as provided in Subsection (2)(e), no later than 60 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
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.
(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 under Subsection (1)(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), each protest under Subsection (1) shall be filed
no later than 30 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
(ii) covers an area that is equivalent to less than 5% of the total land mass of all private real
property within the municipality.
(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), 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)(d), the contact person.
(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 34. Section 10-2-408 is repealed and reenacted to read:
10-2-408. Denial of or granting the annexation petition -- Filing of plat or map.
(1) After receipt of the commission's decision on a protest under Subsection 10-2-416(2),
a municipal legislative body may:
(a) deny the annexation petition; or
(b) if the commission approves the annexation, grant the annexation petition and, by
ordinance and consistent with the commission's decision, annex the area that is the subject of the
annexation petition.
(2) Within 30 days after enacting an ordinance annexing an unincorporated area, the
municipal legislative body shall file with the recorder of the county in which the area is located a plat
or map, prepared by a licensed surveyor, showing the new boundaries of the municipality.
Section 35. Section 10-2-409 is repealed and reenacted 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) in a county with two or more municipalities:
(A) two members who are elected county officers, appointed by:
(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) two members who are elected municipal officers from separate municipalities within the
county, appointed by the municipal selection committee; and
(C) 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); and
(ii) in a county with only one municipality:
(A) two members who are county elected officers, appointed by:
(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) one member who is a municipal officer, appointed by the municipal legislative body;
and
(C) 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).
(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 Utah
1979, shall continue in existence and thereafter be governed by the provisions of this part.
Section 36. Section 10-2-410 is repealed and reenacted 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 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.
(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
member under Section 10-2-409.
Section 37. Section 10-2-411 is repealed and reenacted to read:
10-2-411. Disqualification of commission member -- Alternate member.
(1) A member of the commission is disqualified with respect to a protest before the
commission if that member owns property:
(a) within the area proposed for annexation in a petition that is the subject of the protest; or
(b) 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)(d).
(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 38. Section 10-2-412 is repealed and reenacted 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
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) or (ii)(C), 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) each county and special district whose boundaries include an area that is the subject of
a protest under the commission's consideration; and
(b) each municipality whose boundaries may be affected by action of the boundary
commission.
Section 39. Section 10-2-413 is repealed and reenacted to read:
10-2-413. Feasibility consultant -- Feasibility study -- Modifications to feasibility study.
(1) (a) 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
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 annexation that meets the criteria of Subsection 10-2-407(2)(e).
(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
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
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)(d), 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
protest, the county and the proposed annexing municipality shall equally share the property owners'
share of the feasibility consultant's fees and expenses.
Section 40. Section 10-2-414 is repealed and reenacted to read:
10-2-414. Modified annexation petition -- Supplemental feasibility study.
(1) (a) (i) If the results of the feasibility study 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)(d), 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
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 41. Section 10-2-415 is repealed and reenacted to read:
10-2-415. Public hearing -- Notice.
(1) If the results of the feasibility study or supplemental feasibility study meet the
requirements of Subsection 10-2-416(3), the commission shall hold a public hearing within 30 days
of receipt of the feasibility study or supplemental feasibility study results.
(2) At the hearing under Subsection (1), the commission shall:
(a) require the feasibility consultant to present the results of the feasibility study and, if
applicable, the supplemental feasibility study;
(b) allow those present to ask questions of the feasibility consultant regarding the study
results; and
(c) allow those present to speak to the issue of annexation.
(3) (a) The commission shall:
(i) publish notice of the hearing at least once a week for two successive weeks in a
newspaper of general circulation within the area proposed for annexation, the surrounding 1/2 mile
of unincorporated area, and the proposed annexing municipality; and
(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)(d), the contact person.
(b) If there is no newspaper of general circulation within the areas described in Subsection
(3)(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) The notices under Subsections (3)(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.
(4) (a) The commission shall record the hearing under this section by electronic means.
(b) A transcription of the recording under Subsection (4)(a), the feasibility study,
information received at the hearing, and the written decision of the commission shall constitute the
record of the hearing.
Section 42. Section 10-2-416 is repealed and reenacted to read:
10-2-416. Commission decision -- Written decision -- Limitation.
(1) Subject to Subsection (3), after the public hearing under Subsection 10-2-415(1) the
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 days
of the conclusion of the hearing under Subsection 10-2-415(1) and 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) each entity that filed a protest; and
(e) if a protest was filed under Subsection 10-2-407(1)(d), the contact person.
(3) The commission may not approve a proposed annexation 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 43. Section 10-2-417 is repealed and reenacted to read:
10-2-417. District court review -- Notice.
(1) Review of a boundary commission decision may be sought in the district court with
jurisdiction in the county in which the boundary commission is established by filing a petition for
review of the decision within 20 days of the commission's decision under Section 10-2-416.
(2) The district court review shall be on the record of the hearing under Section 10-2-415
and may not be de novo review.
(3) The district court shall affirm the commission's decision unless the court determines that
the decision is arbitrary or capricious.
Section 44. Section 10-2-418 is repealed and reenacted to read:
10-2-418. Annexation of an island or peninsula without a petition -- Notice -- Hearing.
(1) (a) Notwithstanding Subsection 10-2-402(2), a municipality may annex an
unincorporated area under this section without an annexation petition if:
(i) the annexation is of an island within or a peninsula contiguous to the municipality;
(ii) the majority of the area consists of residential or commercial development;
(iii) the area proposed for annexation requires the delivery of municipal-type services; and
(iv) the municipality has provided most or all of the municipal-type services to the area for
more than one year.
(b) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a portion of
an island or peninsula under this section, leaving unincorporated the remainder of the unincorporated
island or peninsula, if, in adopting the resolution under Subsection (2)(a)(i), the municipal legislative
body determines that not annexing the entire unincorporated island or peninsula is in the
municipality's best interest.
(2) (a) The municipal legislative body of a municipality intending to annex an area under
this section shall:
(i) adopt a resolution indicating the municipal legislative body's intent to annex the area,
describing the area proposed to be annexed;
(ii) (A) publish notice at least once a week for three successive weeks in a newspaper of
general circulation within the municipality and the area proposed for annexation; or
(B) if there is no newspaper of general circulation in the areas described in Subsection
(2)(a)(ii)(A), post at least one notice per 1,000 population in places within those areas that are most
likely to give notice to the residents of those areas;
(iii) send written notice to the board of each special district whose boundaries contain some
or all of the area proposed for annexation and to the legislative body of the county in which the area
proposed for annexation is located; and
(iv) hold a public hearing on the proposed annexation no earlier than 60 days after the
adoption of the resolution under Subsection (2)(a)(i).
(b) The notice under Subsections (2)(a)(ii) and (iii) shall:
(i) state that the municipal legislative body has adopted a resolution indicating its intent to
annex the area proposed for annexation;
(ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
(iii) describe the area proposed for annexation; and
(iv) state in conspicuous and plain terms that the municipal legislative body will annex the
area unless, at or before the public hearing under Subsection (2)(a)(iv), written protests to the
annexation are filed by the owners of private real property that:
(A) is located within the area proposed for annexation;
(B) covers a majority of the total private land area within the area proposed for annexation;
and
(C) is equal in value to at least 1/3 the value of all private real property within the area
proposed for annexation.
(c) The first publication of the notice required under Subsection (2)(a)(ii)(A) shall be within
14 days of the municipal legislative body's adoption of a resolution under Subsection (2)(a)(i).
(3) Upon conclusion of the public hearing under Subsection (2)(a)(iv), the municipal
legislative body may adopt an ordinance annexing the area proposed for annexation under this
section unless, at or before the hearing, written protests to the annexation have been filed with the
city recorder or town clerk, as the case may be, by the owners of private real property that:
(a) is located within the area proposed for annexation;
(b) covers a majority of the total private land area within the area proposed for annexation;
and
(c) is equal in value to at least 1/3 the value of all private real property within the area
proposed for annexation.
(4) Within 30 days of the adoption of an ordinance of annexation under Subsection (3), the
municipal legislative body shall file with the recorder of the county in which the annexed area is
located a plat or map, prepared by a licensed surveyor, showing the new boundary.
Section 45. Section 10-2-419 is repealed and reenacted to read:
10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
(1) The legislative bodies of two or more municipalities having common boundaries may
adjust their common boundaries as provided in this section.
(2) (a) The legislative body of each municipality intending to adjust a boundary that is
common with another municipality shall:
(i) adopt a resolution indicating the intent of the municipal legislative body to adjust a
common boundary;
(ii) hold a public hearing on the proposed adjustment no less than 60 days after the adoption
of the resolution under Subsection (2)(a)(i); and
(iii) (A) publish notice at least once a week for three successive weeks in a newspaper of
general circulation within the municipality; or
(B) if there is no newspaper of general circulation within the municipality, post at least one
notice per 1,000 population in places within the municipality that are most likely to give notice to
residents of the municipality.
(b) The notice required under Subsection (2)(a)(iii) shall:
(i) 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;
(ii) describe the area proposed to be adjusted;
(iii) state the date, time, and place of the public hearing required under Subsection (2)(a)(ii);
and
(iv) state in conspicuous and plain terms that the municipal legislative body will adjust the
boundaries unless, at or before the public hearing under Subsection (2)(a)(ii), written protests to the
adjustment are filed by the owners of private real property that:
(A) is located within the area proposed for adjustment;
(B) covers at least 25% of the total private land area within the area proposed for adjustment;
and
(C) is equal in value to at least 15% of the value of all private real property within the area
proposed for adjustment.
(c) The first publication of the notice required under Subsection (2)(a)(iii)(A) shall be within
14 days of the municipal legislative body's adoption of a resolution under Subsection (2)(a)(i).
(3) Upon conclusion of the public hearing under Subsection (2)(a)(ii), the municipal
legislative body may adopt an ordinance adjusting the common boundary unless, at or before the
hearing under Subsection (2)(a)(ii), written protests to the adjustment have been filed with the city
recorder or town clerk, as the case may be, by the owners of private real property that:
(a) is located within the area proposed for adjustment;
(b) covers at least 25% of the total private land area within the area proposed for adjustment;
and
(c) is equal in value to at least 15% of the value of all private real property within the area
proposed for adjustment.
(4) An ordinance adopted under Subsection (3) becomes effective when each municipality
involved in the boundary adjustment has adopted an ordinance under Subsection (3).
(5) Within 30 days of adjusting a boundary under this section, the municipalities shall file
with the recorder of the county in which the area of the boundary adjustment is located a plat or map,
prepared by a licensed surveyor, showing the new common boundary.
Section 46. Section 10-2-420 is repealed and reenacted to read:
10-2-420. Bonds not affected by boundary adjustments or annexations -- Payment of
property taxes.
(1) A boundary adjustment or annexation under this part may not jeopardize or endanger any
general obligation or revenue bond.
(2) A bondholder may require the payment of property taxes from any area that:
(a) was included in the taxable value of the municipality or other governmental entity issuing
the bond at the time the bond was issued; and
(b) is no longer within the boundaries of the municipality or other governmental entity
issuing the bond due to the boundary adjustment or annexation.
Section 47. Section 10-2-421 is repealed and reenacted to read:
10-2-421. Electric utility service in annexed area.
(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 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.
Section 48. Section 10-2-422 is repealed and reenacted to read:
10-2-422. Conclusive presumption of annexation.
An area annexed to a municipality under this part shall be conclusively presumed to have
been validly annexed if:
(1) the municipality has levied and the taxpayers within the area have paid property taxes
for more than one year after annexation; and
(2) no resident of the area has contested the annexation in a court of proper jurisdiction
during the year following annexation.
Section 49. Section 10-2-510 is amended to read:
10-2-510. Boundary adjustment procedure not affected.
This part shall not be construed to abrogate, modify, or replace the boundary adjustment
procedure provided in Section [
Section 50. Section 10-2-610 is amended to read:
10-2-610. Favorable vote at election -- Notice of results -- Publication -- Filing.
The commissioners of the county or counties shall canvass the results of the election or
elections in the same manner as for general elections and shall certify the results of the election to
the county clerk or clerks. If a majority of the ballots cast at the election on consolidation in each
municipality are for consolidation, the county clerk or clerks shall immediately, on receiving notice
of the results of the canvass being filed in the proper office, give notice of the result by publication
in the same manner and for the same time as provided in Section 10-2-608 and in the notice the
county clerk or clerks shall indicate to which class the consolidated municipality belongs. A copy
of the notice with proper proof of its original publication shall be filed with the papers, and a
certified copy of all papers and record entries relating to the matter on file in the county clerk's office
shall be filed in the office of the county recorder. The mayor of the consolidated municipality shall
cause articles of consolidation to be filed in the office of the lieutenant governor which shall contain
the same information as is required in [
provision stating that the municipality is a consolidation of two or more municipalities and the
names of the municipalities which comprise the new municipality.
Section 51. Section 10-3-1203 is amended to read:
10-3-1203. Election requirements and procedure for organization under optional form
of government.
[
may [
(2) Reorganization under Subsection (1) shall be by approval of a majority of registered
voters of the municipality [
(3) (a) The proposal may be entered on the ballot by resolution passed by the governing body
of the municipality or by initiative as provided for in Title 20A, Chapter 7, [
(b) The resolution or petition shall state the number, method of election, and initial terms
of council members and shall specify the boundaries of districts substantially equal in population
if some or all council members are to be chosen from these districts.
(4) (a) The proposal shall be voted upon at a special election to be held not more than twelve
months after the resolution is passed or after receipt of a valid initiative petition.
(b) The special election shall be held at least [
municipal elections.
(c) The ballot for the special election to adopt or reject one of the forms of municipal
government shall be in substantially the following form:
___________________________________________________________________________
Shall (name of municipality), Utah, adopt Yes
the (council-mayor) (council-manager) form of
municipal government? No
___________________________________________________________________________
Section 52. Section 10-6-111 is amended to read:
10-6-111. Tentative budget to be prepared -- Contents -- Estimate of expenditures --
Budget message -- Review by governing body.
(1) On or before the first regularly scheduled meeting of the governing body in May of each
year, the budget officer shall prepare for the ensuing year, on forms provided by the state auditor,
and file with the governing body, a tentative budget for each fund for which a budget is required.
The tentative budget of each fund shall set forth in tabular form the following:
(a) Actual revenues and expenditures in the last completed fiscal year.
(b) Budget estimates for the current fiscal year.
(c) Actual revenues and expenditures for a period of six to nine months, as appropriate, of
the current fiscal year.
(d) Estimated total revenues and expenditures for the current fiscal year.
(e) The budget officer's estimates of revenues and expenditures for the budget year,
computed in the following manner:
(i) The budget officer shall estimate, on the basis of demonstrated need, the expenditures for
the budget year after a review of the budget requests and estimates of the department heads. Each
department head shall be heard by the budget officer prior to making of the final estimates, but the
officer may revise any department's estimate as the officer deems advisable for the purpose of
presenting the budget to the governing body.
(ii) The budget officer shall estimate the amount of revenue available to serve the needs of
each fund, estimate the portion to be derived from all sources other than general property taxes, and
estimate the portion that must be derived from general property taxes. From the latter estimate the
officer shall compute and disclose in the budget the lowest rate of property tax levy that will raise
the required amount of revenue, calculating the levy upon the latest taxable value.
(f) If the governing body elects, actual performance experience to the extent established by
Section 10-6-154 and available in work units, unit costs, man hours, or man years for each budgeted
fund on an actual basis for the last completed fiscal year, and estimated for the current fiscal year
and for the ensuing budget year.
(2) (a) Each tentative budget, when filed by the budget officer with the governing body, shall
contain the estimates of expenditures submitted by department heads, together with specific work
programs and such other supporting data as this chapter requires or the governing body may request.
First and second class cities shall, and third class cities may, submit a supplementary estimate of all
capital projects which each department head believes should be undertaken within the next three
succeeding years.
(b) Each tentative budget submitted by the budget officer to the governing body shall be
accompanied by a budget message, which shall explain the budget, contain an outline of the
proposed financial policies of the city for the budget year, and shall describe the important features
of the budgetary plan. It shall set forth the reasons for salient changes from the previous year in
appropriation and revenue items and shall explain any major changes in financial policy.
(3) Each tentative budget shall be reviewed, considered, and tentatively adopted by the
governing body in any regular meeting or special meeting called for the purpose and may be
amended or revised in such manner as is deemed advisable prior to public hearings, except that no
appropriation required for debt retirement and interest or reduction of any existing deficits pursuant
to Section 10-6-117, or otherwise required by law or ordinance, may be reduced below the
minimums so required.
(4) In the event the municipality is acting pursuant to Section [
tentative budget shall be submitted to the governing body 60 days prior to the intended filing of the
articles of incorporation and shall cover each fund for which a budget is required from the date of
incorporation to the end of the fiscal year. The governing body shall substantially comply with all
other provisions of this act, and the budget shall be passed upon incorporation.
Section 53. Section 17-27-200.5 is amended to read:
17-27-200.5. Township planning districts.
(1) (a) [
planning district within the county or dividing the county into township planning districts.
(b) If 25% of the private real property owners in a contiguous area of the county petition the
county legislative body to establish a township planning district for that area and to appoint members
of a township planning district planning [
shall:
(i) hold a public hearing to discuss the petition;
(ii) at least one week before the public hearing, publish notice of the petition and the time,
date, and place of the public hearing at least once in a newspaper of general circulation in the county;
and
(iii) at the public hearing, consider oral and written testimony from the public and vote on
the question of whether or not to establish a township planning district.
(c) If the county legislative body establishes a township planning district pursuant to a
petition, the county legislative body shall appoint members of the township planning district
planning [
planning district.
(d) [
Except as provided in Subsection (1)(e), each township planning district [
(i) at least 20% but not more than 80% of:
(A) the [
(B) the total locally assessed taxable property in the unincorporated county; or
(ii) at least 5% of the total population of the unincorporated county.
(e) (i) A township created under Chapter 308, Laws of Utah 1996, before February 28, 1997,
is reconstituted as a township planning district under this section with the same boundaries and the
same name as the former township if the former township:
(A) meets the requirements of Subsection (1)(d); or
(B) has at least 400 registered voters residing within the boundaries of the former township.
(ii) Notwithstanding Subsection (1)(e)(i), a county legislative body may enact an ordinance
establishing a township planning district with the same boundaries and the same name as a township
that was formed before February 28, 1997, under Chapter 308, Laws of Utah 1996, even though the
township does not qualify under Subsection (1)(e)(i) to be reconstituted as a township planning
district.
(f) (i) After May 1, 2002, the legislative body of each county in which a township planning
district established under Subsection (1)(e) is located shall review the township planning district and
determine whether its continued existence is advisable.
(ii) In conducting the review required under Subsection (1)(f)(i), the county legislative body
shall hold a public hearing with reasonable, advance, published notice of the hearing and the purpose
of the hearing.
(iii) Each township planning district established under Subsection (1)(e) and its planning
commission shall continue in effect, unless, within 90 days after conducting the review and public
hearing required under Subsections (1)(f)(i) and (ii), the county legislative body by ordinance
dissolves the township planning district.
(g) A township planning district established under this section on or after May 5, 1997, may
use the word "township" in its name.
(2) (a) If the county legislative body establishes township planning districts without having
received a petition, the county legislative body may:
(i) designate one countywide planning commission to perform the duties established in this
part for each township planning district and for the county as a whole; or
(ii) designate a [
(b) (i) If the county legislative body fails to designate a [
each township planning district, 40% of the private real property owners in the area proposed to be
included in the township planning district, as shown by the last county assessment roll, may petition
the county legislative body to designate and appoint a [
township planning district.
(ii) If the county legislative body determines that the petition is validly signed by 40% of
the private real property owners in the township planning district as shown by the last county
assessment roll, it shall designate and appoint a [
planning district.
(3) (a) [
dissolve district planning commissions created under the authority of this section only by following
the procedures and requirements of this Subsection (3).
(b) If 20% of the private real property owners in the county petition the county legislative
body to dissolve township planning district planning commissions and to appoint a countywide
planning commission, the county legislative body shall:
(i) hold a public hearing to discuss the petition;
(ii) at least one week before the public hearing, publish notice of the petition and the time,
date, and place of the public hearing at least once in a newspaper of general circulation in the county;
and
(iii) at the public hearing, consider oral and written testimony from the public and vote on
the question of whether or not to dissolve township planning district planning commissions and to
appoint a countywide planning commission.
(c) (i) If the county legislative body fails to dissolve township planning district planning
commissions and to appoint a countywide planning commission when petitioned to do so by private
real property owners under this subsection, 40% of private real property owners in the county as
shown by the last county assessment roll may petition the county legislative body to dissolve the
township planning district planning commissions and to appoint a countywide planning commission.
(ii) If the county legislative body determines that the petition is validly signed by 40% of
private real property owners in the township planning district as shown by the last county assessment
roll, it shall dissolve the township planning district planning commissions and appoint a countywide
planning commission.
Section 54. Section 17-27-201 is amended to read:
17-27-201. Establishment of commission -- Appointment or election, term, vacancy,
and compensation.
(1) Each county may enact an ordinance establishing:
(a) one countywide planning commission; or
(b) one [
(2) If the county establishes a countywide planning commission, the ordinance shall define:
(a) the number and terms of the members;
(b) the mode of appointment;
(c) the procedures for filling vacancies and removal from office; and
(d) other details relating to the organization and procedures of the planning commission.
(3) (a) If the county establishes township planning district planning commissions, the
county legislative body shall enact an ordinance defining appointment procedures, procedures for
filling vacancies and removing members from office, and other details relating to the organization
and procedures of each [
(b) [
of seven members who, except as provided in Subsection (3)(e), shall be appointed by the county
executive with the advice and consent of the county legislative body.
(c) (i) Members shall serve three-year terms and until their successors are appointed or, as
provided in Subsection (3)(e), elected and qualified.
(ii) Notwithstanding the provisions of Subsection (3)(c)(i) and except as provided in
Subsection (3)(e), the chief executive shall appoint members of the first [
commissions so that, for each commission, the terms of at least two members and no more than three
members expire each year.
(d) Each member of a township planning district planning commission shall reside or be an
owner of real property within the district.
(e) Each county legislative body shall enact an ordinance that provides for the election of
at least three members of a planning commission of a township planning district established under
Subsection 17-27-200.5(1)(e).
(f) A county legislative body may enact an ordinance allowing each member of a planning
and zoning board of a township established before February 28, 1997, under Chapter 308, Laws of
Utah 1996, to continue to hold office as a member of the planning commission of a township
planning district established under Subsection 17-27-200.5(1)(e) until the time that the member's
term as a member of the township planning and zoning board would have expired.
(g) (i) Except as provided in Subsection (3)(g)(ii), upon the appointment or election of all
members of a planning commission of a township planning district, each planning commission of
a township planning district under this section shall begin to exercise the powers and perform the
duties provided in Section 17-27-204 with respect to all matters then pending that previously had
been under the jurisdiction of the countywide planning commission or township planning and zoning
board.
(ii) Notwithstanding Subsection (3)(g)(i), if the members of a former township planning and
zoning board continue to hold office as members of the planning commission of the township
planning district under an ordinance enacted under Subsection (3)(f), the planning commission of
the township planning district shall immediately begin to exercise the powers and perform the duties
provided in Section 17-27-204 with respect to all matters then pending that had previously been
under the jurisdiction of the township planning and zoning board.
(4) The legislative body may fix per diem compensation for the members of the planning
commission, based on necessary and reasonable expenses and on meetings actually attended.
Section 55. Section 17-27-204 is amended to read:
17-27-204. Powers and duties.
[
respect to the county or township planning district, as the case may be:
[
county legislative body as provided in this chapter;
[
and maps, to the county legislative body as provided in this chapter;
[
in the zoning ordinance adopted by the county legislative body;
[
county legislative body as provided in this chapter;
[
chapter;
[
[
approval or denial of, or recommendations to approve or deny, conditional use permits;
[
(9) exercise any other powers that are necessary to enable it to perform its [
[
[
[
[
[
[
[
[
[
[
[
Section 56. Section 17-27-206 is enacted to read:
17-27-206. Townships dissolved -- Planning and zoning board dissolved.
(1) Except to the extent that a township is reconstituted or established as a township planning
district under Subsection 17-27-200.5(1)(e), each township formed before May 5, 1997, under
Chapter 308, Laws of Utah 1996, is dissolved.
(2) Except as provided in Subsection 17-27-201(3)(f), the planning and zoning board of each
township formed before May 5, 1997, under Chapter 308, Laws of Utah 1996, is dissolved.
Section 57. Repealer.
This act repeals:
Section 10-2-101.5, Form of petition.
Section 10-2-102.1, Notice to owner of more than 1% of property -- Exclusion of
property from proposed boundaries.
Section 10-2-102.2, Independent advisability and feasibility study -- Notice of hearing
on proposal.
Section 10-2-102.3, Exclusion of proposed annexation area.
Section 10-2-102.4, Conduct and record of hearing on proposal.
Section 10-2-102.6, Considerations in determining advisability and feasibility of
proposal.
Section 10-2-102.8, Decision on merits of proposal -- Election -- Publication of notice --
Order refusing election.
Section 10-2-102.10, Appeal of decision.
Section 10-2-102.12, Costs of incorporation proceeding.
Section 10-2-106.5, Petition prohibited for one year following election.
Section 10-2-106.8, Election of municipal officials.
Section 10-2-108.5, Alternative to filing articles -- Powers of officers-elect.
Section 10-2-423, Annexation deemed conclusive.
Section 10-2-424, Electric utility service in annexed area.
Section 17-27a-101, Petition for township status.
Section 17-27a-102, Certification of petition to county legislative body.
Section 17-27a-103, Incorporation proceedings suspended -- Removal of area under
annexation or municipal incorporation petition from proposed township -- Exclusion of area
under annexation petition.
Section 17-27a-104, Election to determine township status.
Section 17-27a-105, Township planning and zoning board.
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