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H.B. 363

1    

MUNICIPAL AND COUNTY LAW AMENDMENTS

2    
1997 GENERAL SESSION

3    
STATE OF UTAH

4    
Sponsor: Melvin R. Brown

5    AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; MODIFYING THE
6    PROCESS OF INCORPORATING A CITY; REQUIRING A FEASIBILITY STUDY;
7    REQUIRING THE COUNTY LEGISLATIVE BODY TO HOLD AN ELECTION;
8    PROVIDING FOR THE SELECTION OF THE FORM OF GOVERNMENT AND THE
9    ELECTION OF OFFICERS; MODIFYING THE PROCESS OF ANNEXING
10    UNINCORPORATED TERRITORY TO A MUNICIPALITY; REQUIRING A FEASIBILITY
11    STUDY IF A PROTEST IS FILED; REPEALING TOWNSHIP PROVISIONS; MODIFYING
12    PLANNING DISTRICT PROVISIONS; ALLOWING THE FORMATION OF A PLANNING
13    DISTRICT WITHIN THE BOUNDARIES OF A FORMER TOWNSHIP; AND MAKING
14    TECHNICAL CORRECTIONS.
15    This act affects sections of Utah Code Annotated 1953 as follows:
16    AMENDS:
17         17-27-200.5, as last amended by Chapter 157, Laws of Utah 1996
18         17-27-204, as last amended by Chapter 225, Laws of Utah 1995
19    ENACTS:
20         10-2-115, Utah Code Annotated 1953
21         10-2-116, Utah Code Annotated 1953
22         10-2-117, Utah Code Annotated 1953
23         10-2-118, Utah Code Annotated 1953
24         10-2-119, Utah Code Annotated 1953
25         10-2-120, Utah Code Annotated 1953
26         10-2-121, Utah Code Annotated 1953
27         10-2-122, Utah Code Annotated 1953


1         10-2-123, Utah Code Annotated 1953
2         10-2-124, Utah Code Annotated 1953
3         17-27-206, Utah Code Annotated 1953
4    REPEALS AND REENACTS:
5         10-2-101, as last amended by Chapter 27, Laws of Utah 1983
6         10-2-102, as last amended by Chapter 227, Laws of Utah 1993
7         10-2-103, as last amended by Chapter 51, Laws of Utah 1988
8         10-2-104, as last amended by Chapter 227, Laws of Utah 1993
9         10-2-105, as last amended by Chapter 227, Laws of Utah 1993
10         10-2-106, as enacted by Chapter 48, Laws of Utah 1977
11         10-2-107, as enacted by Chapter 48, Laws of Utah 1977
12         10-2-108, as last amended by Chapter 20, Laws of Utah 1995
13         10-2-109, as last amended by Chapter 227, Laws of Utah 1993
14         10-2-110, as last amended by Chapters 4 and 227, Laws of Utah 1993
15         10-2-111, as last amended by Chapter 68, Laws of Utah 1984
16         10-2-112, as last amended by Chapter 27, Laws of Utah 1983
17         10-2-113, as enacted by Chapter 48, Laws of Utah 1977
18         10-2-114, as enacted by Chapter 13, Laws of Utah 1980
19         10-2-401, as last amended by Chapter 125, Laws of Utah 1996
20         10-2-402, as last amended by Chapter 227, Laws of Utah 1993
21         10-2-403, as enacted by Chapter 25, Laws of Utah 1979
22         10-2-404, as enacted by Chapter 25, Laws of Utah 1979
23         10-2-405, as enacted by Chapter 25, Laws of Utah 1979
24         10-2-406, as enacted by Chapter 25, Laws of Utah 1979
25         10-2-407, as enacted by Chapter 25, Laws of Utah 1979
26         10-2-408, as last amended by Chapter 227, Laws of Utah 1993
27         10-2-409, as enacted by Chapter 25, Laws of Utah 1979
28         10-2-410, as enacted by Chapter 25, Laws of Utah 1979
29         10-2-411, as enacted by Chapter 25, Laws of Utah 1979
30         10-2-412, as enacted by Chapter 25, Laws of Utah 1979
31         10-2-413, as enacted by Chapter 25, Laws of Utah 1979

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1         10-2-414, as enacted by Chapter 25, Laws of Utah 1979
2         10-2-415, as last amended by Chapter 72, Laws of Utah 1996
3         10-2-416, as last amended by Chapter 308, Laws of Utah 1996
4         10-2-417, as last amended by Chapters 20 and 240, Laws of Utah 1995
5         10-2-418, as last amended by Chapter 20, Laws of Utah 1995
6         10-2-419, as last amended by Chapter 92, Laws of Utah 1989
7    REPEALS:
8         10-2-101.5, as last amended by Chapter 227, Laws of Utah 1993
9         10-2-102.1, as enacted by Chapter 308, Laws of Utah 1996
10         10-2-102.2, as last amended by Chapter 308, Laws of Utah 1996
11         10-2-102.3, as enacted by Chapter 308, Laws of Utah 1996
12         10-2-102.4, as last amended by Chapter 227, Laws of Utah 1993
13         10-2-102.6, as last amended by Chapter 308, Laws of Utah 1996
14         10-2-102.8, as last amended by Chapter 308, Laws of Utah 1996
15         10-2-102.10, as last amended by Chapter 227, Laws of Utah 1993
16         10-2-102.12, as enacted by Chapter 27, Laws of Utah 1983
17         10-2-106.5, as last amended by Chapter 227, Laws of Utah 1993
18         10-2-106.8, as enacted by Chapter 308, Laws of Utah 1996
19         10-2-108.5, as last amended by Chapter 27, Laws of Utah 1983
20         10-2-420, as enacted by Chapter 25, Laws of Utah 1979
21         10-2-421, as enacted by Chapter 25, Laws of Utah 1979
22         10-2-422, as last amended by Chapter 125, Laws of Utah 1996
23         10-2-423, as enacted by Chapter 25, Laws of Utah 1979
24         10-2-424, as last amended by Chapter 138, Laws of Utah 1985
25         17-27a-101, as enacted by Chapter 308, Laws of Utah 1996
26         17-27a-102, as enacted by Chapter 308, Laws of Utah 1996
27         17-27a-103, as enacted by Chapter 308, Laws of Utah 1996
28         17-27a-104, as enacted by Chapter 308, Laws of Utah 1996
29         17-27a-105, as enacted by Chapter 308, Laws of Utah 1996
30    Be it enacted by the Legislature of the state of Utah:
31        Section 1. Section 10-2-101 is repealed and reenacted to read:

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1         10-2-101. Incorporation of a contiguous area.
2        (1) A contiguous area of a county not within a municipality may incorporate as a
3    municipality as provided in this part.
4        (2) Incorporation as a city is governed by Sections 10-2-102 through 10-2-123.
5    Incorporation as a town is governed by Section 10-2-124.
6        Section 2. Section 10-2-102 is repealed and reenacted to read:
7         10-2-102. Request for feasibility study.
8        (1) The process to incorporate a contiguous area of a county as a city is initiated by a
9    request for a feasibility study filed with the clerk of the county in which the area is located.
10        (2) Each request under Subsection (1) shall:
11        (a) be signed by:
12        (i) 10% of the number of owners of real property within the area; and
13        (ii) the owners of at least 10% of the total private land area within the area;
14        (b) indicate the typed or printed name and current residence address of each owner signing
15    the request;
16        (c) describe the area proposed to be incorporated as a city;
17        (d) designate up to five signers of the request as sponsors, one of whom shall be
18    designated as the contact sponsor, with the mailing address and telephone number of each;
19        (e) be accompanied by and circulated with an accurate map or plat, prepared by a licensed
20    surveyor, showing the boundaries of the proposed city; and
21        (f) request the county legislative body to commission a study to determine the feasibility
22    of incorporating the area as a city.
23        Section 3. Section 10-2-103 is repealed and reenacted to read:
24         10-2-103. Processing of request for feasibility study -- Certification or rejection by
25     county clerk -- Processing priority.
26        (1) Within 45 days of the filing of a request under Section 10-2-102, the county clerk shall:
27        (a) with the assistance of other county officers from whom the clerk requests assistance,
28    determine whether the request meets the requirements of Section 10-2-102; and
29        (b) (i) if the clerk determines that the request meets those requirements, certify the request,
30    deliver it to the county legislative body, and notify in writing the contact sponsor of the
31    certification; or

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1        (ii) if the clerk determines that the request fails to meet any of those requirements, reject
2    the request and notify the contact sponsor in writing of the rejection and the reasons for the
3    rejection.
4        (2) The county clerk shall certify or reject requests under Subsection (1) in the order in
5    which they are filed.
6        (3) (a) If the county clerk rejects a request under Subsection (1)(b)(ii), the request may be
7    modified to correct the deficiencies for which it was rejected and then refiled with the county clerk.
8        (b) If a request is refiled under Subsection (3)(a) after having been rejected by the county
9    clerk under Subsection (1)(b)(ii), it shall be treated as a newly filed request, and its processing
10    priority is determined by the date on which it is refiled.
11        Section 4. Section 10-2-104 is repealed and reenacted to read:
12         10-2-104. Feasibility study -- Feasibility study consultant.
13        (1) Within 90 days of receipt of a certified request under Subsection 10-2-103(1)(b)(i), the
14    county legislative body shall engage the feasibility consultant chosen under Subsection (2) to
15    conduct a feasibility study.
16        (2) The feasibility consultant shall be:
17        (a) a person or firm with expertise in the processes and economics of local government;
18    and
19        (b) chosen by a majority vote of a selection committee consisting of:
20        (i) a person designated by the county legislative body;
21        (ii) a person designated by the sponsors of the request for a feasibility study; and
22        (iii) a person designated by the association of governments in which the proposed city is
23    located.
24        (3) The county legislative body shall require the feasibility consultant to:
25        (a) complete the feasibility study and submit the written results to the county legislative
26    body and the contact sponsor no later than 90 days after the feasibility consultant is engaged to
27    conduct the study;
28        (b) submit with the full written results of the feasibility study a summary of the results no
29    longer than one page in length; and
30        (c) attend the public hearings under Subsection 10-2-106(1) and present the feasibility
31    study results and respond to questions from the public at those hearings.

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1        (4) (a) The feasibility study shall consider:
2        (i) the population and population density within the area proposed for incorporation and
3    the surrounding area;
4        (ii) the history, geography, geology, and topography of and natural boundaries within the
5    area proposed to be incorporated and the surrounding area;
6        (iii) whether the proposed boundaries eliminate or create an unincorporated island or
7    peninsula;
8        (iv) whether the proposed incorporation will hinder or prevent a future and more logical
9    and beneficial incorporation or a future logical and beneficial annexation;
10        (v) the fiscal impact on unincorporated areas, other municipalities, special districts, and
11    other governmental entities in the county;
12        (vi) current and ten-year projections of demographics and economic base in the proposed
13    city and surrounding area, including household size and income, commercial and industrial
14    development, and public facilities;
15        (vii) projected growth in the proposed city and in adjacent areas during the next ten years;
16        (viii) the present and ten-year projections of the cost of governmental services in the
17    proposed city;
18        (ix) the present and ten-year projected revenue for the proposed city;
19        (x) the projected impact the incorporation will have over the following ten years on the
20    amount of taxes that property owners within the proposed city and in the remaining unincorporated
21    county will pay;
22        (xi) past expansion in terms of population and construction in the proposed city and the
23    surrounding area; and
24        (xii) the extension of the boundaries of other nearby municipalities during the past ten
25    years, the willingness of those municipalities to annex the area proposed for incorporation, and the
26    probability that those municipalities would annex territory within the area proposed for
27    incorporation within the next ten years except for the incorporation.
28        (b) For purposes of Subsection (4)(a)(ix), the feasibility consultant shall assume ad
29    valorem property tax rates on residential property within the proposed city at the same level at
30    which they would have been without the incorporation.
31        (5) If the results of the feasibility study do not meet the requirements of Subsection

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1    10-2-107(3), the feasibility consultant may, as part of the feasibility study, make recommendations
2    as to how the boundaries of the proposed city may be altered so that the requirements of
3    Subsection 10-2-107(3) may be met.
4        Section 5. Section 10-2-105 is repealed and reenacted to read:
5         10-2-105. Modified request for feasibility study -- Supplemental feasibility study.
6        (1) (a) If the results of the feasibility study do not meet the requirements of Subsection
7    10-2-107(3), the sponsors of the request may, within 90 days of the feasibility consultant's
8    submission of the results of the study, file with the county clerk a modified request altering the
9    boundaries of the proposed city.
10        (b) Each modified request under Subsection (1)(a) shall comply with the requirements of
11    Subsection 10-2-102(2).
12        (2) Within 20 days of the county clerk's receipt of the modified request, the county clerk
13    shall follow the same procedure for the modified request as provided under Subsection
14    10-2-103(1) for an original request.
15        (3) The filing of a modified request under Subsection (1) does not cause the original
16    request to lose its processing priority under Subsection 10-2-103(2).
17        (4) Within ten days of the county legislative body's receipt of the certified modified
18    request, the county legislative body shall commission the feasibility consultant chosen under
19    Subsection 10-2-104(2) to supplement the feasibility study to take into account the information
20    in the modified request that was not included in the original request.
21        (5) The county legislative body shall require the feasibility consultant to complete the
22    supplemental feasibility study and to submit written results of the supplemental study to the county
23    legislative body and to the contact sponsor no later than 30 days after the feasibility consultant is
24    commissioned to conduct the supplemental feasibility study.
25        Section 6. Section 10-2-106 is repealed and reenacted to read:
26         10-2-106. Public hearings on feasibility study results -- Notice of hearings.
27        (1) If the results of the feasibility study or supplemental feasibility study meet the
28    requirements of Subsection 10-2-107(3), the county legislative body shall, at its next regular
29    meeting after receipt of the results of the feasibility study or supplemental feasibility study,
30    schedule at least two public hearings to be held:
31        (a) within the following 60 days;

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1        (b) at least seven days apart;
2        (c) in geographically diverse locations within the proposed city; and
3        (d) for the purpose of allowing:
4        (i) the feasibility consultant to present the results of the study; and
5        (ii) the public to become informed about the feasibility study results and to ask questions
6    about those results of the feasibility consultant.
7        (2) The county legislative body may delegate to the county clerk the responsibility to
8    conduct or oversee the public hearings required under Subsection (1).
9        (3) (a) (i) The county clerk shall publish notice of the public hearings required under
10    Subsection (1) at least once a week for three successive weeks in a newspaper of general
11    circulation within the proposed city.
12        (ii) The last publication of notice required under Subsection (3)(a)(i) shall be at least three
13    days before the first public hearing required under Subsection (1).
14        (b) (i) If there is no newspaper of general circulation within the proposed city, the county
15    clerk shall post at least one notice of the hearings per 1,000 population in conspicuous places
16    within the proposed city that are most likely to give notice of the hearings to the residents of the
17    proposed city.
18        (ii) The clerk shall post the notices under Subsection (3)(b)(i) at least seven days before
19    the first hearing under Subsection (1).
20        (c) The notice under Subsections (3)(a) and (b) shall include the feasibility study summary
21    under Subsection 10-2-104(3)(b) and shall indicate that a full copy of the study is available for
22    inspection and copying at the office of the county clerk.
23        Section 7. Section 10-2-107 is repealed and reenacted to read:
24         10-2-107. Incorporation petition -- Requirements and form.
25        (1) At any time within 18 months after the completion of the public hearings required
26    under Subsection 10-2-106(1), a petition for incorporation of the area proposed to be incorporated
27    as a city may be filed in the office of the clerk of the county in which the area is located.
28        (2) Each petition under Subsection (1) shall:
29        (a) be signed by:
30        (i) a majority in number of all owners of real property within the area proposed to be
31    incorporated as a city; and

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1        (ii) the owners of a majority of the total private land area within the area;
2        (b) indicate the typed or printed name and current residence address of each owner signing
3    the petition;
4        (c) describe the area proposed to be incorporated as a city, as described in the request or
5    modified request for a feasibility study;
6        (d) state the proposed name for the proposed city;
7        (e) designate five signers of the petition as petition sponsors, one of whom shall be
8    designated as the contact sponsor, with the mailing address and telephone number of each;
9        (f) state that the signers of the petition appoint the sponsors, if the incorporation measure
10    passes, to represent the signers in the process of:
11        (i) selecting the number of commission or council members the new city should have; and
12        (ii) drawing district boundaries for the election of commission or council members, if the
13    voters decide to elect commission or council members by district;
14        (g) be accompanied by and circulated with an accurate plat or map showing the boundaries
15    of the proposed city; and
16        (h) substantially comply with and be circulated in the following form:
17        PETITION FOR INCORPORATION OF (insert the proposed name of the proposed city)
18        To the Honorable County Legislative Body of (insert the name of the county in which the
19    proposed city is located) County, Utah:
20        We, the undersigned owners of real property within the area described in this petition,
21    constituting a majority in number of all owners of real property within the area, respectfully
22    petition the county legislative body to submit to the registered voters residing within the area
23    described in this petition, at a special election held for that purpose, the question of whether the
24    area should incorporate as a city. Each of the undersigned affirms that each has personally signed
25    this petition and is an owner of real property within the described area, and that the current
26    residence address of each is correctly written after the signer's name. The area proposed to be
27    incorporated as a city is described as follows: (insert an accurate description of the area proposed
28    to be incorporated).
29        (3) A petition for incorporation under Subsection (1) may not be filed unless the results
30    of the feasibility study or supplemental feasibility study show that the average annual amount
31    under Subsection 10-2-104(4)(a)(ix) does not exceed the average annual amount under Subsection

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1    10-2-104(4)(a)(viii) by more than 5%.
2        (4) A signature on a request under Section 10-2-102 may be used toward the signature
3    requirement of Subsection (2)(a):
4        (a) if the request under Section 10-2-102 notified the signer in conspicuous language that
5    the signature, unless withdrawn, would also be used for purposes of a petition for incorporation
6    under this section; and
7        (b) unless the signer files with the county clerk a written withdrawal of the signature
8    before the petition under this section is filed with the clerk.
9        Section 8. Section 10-2-108 is repealed and reenacted to read:
10         10-2-108. Notice to owner of more than 1% of property -- Exclusion of property from
11     proposed boundaries.
12        (1) Within seven calendar days from the date on which the petition under Subsection
13    10-2-107(1) is filed, the county clerk shall notify of the proposed incorporation any property owner
14    owning more than 1% of the assessed value of all property in the proposed incorporation
15    boundaries.
16        (2) (a) A property owner within the boundaries of a proposed municipality, owning more
17    than 1% of the assessed value of all property in the proposed incorporation boundaries, may
18    exclude all or part of the property owner's property from the proposed boundaries by filing a
19    Notice of Exclusion within ten calendar days of receiving the clerk's notice under Subsection (1).
20        (b) The property identified in the Notice of Exclusion shall be excluded from the proposed
21    boundaries only if the property:
22        (i) is currently nonurban;
23        (ii) does not or will not require municipal provision of municipal-type services including:
24        (A) culinary or irrigation water;
25        (B) sewage collection or treatment;
26        (C) storm drainage or flood control;
27        (D) recreational facilities or parks;
28        (E) electric generation or transportation;
29        (F) construction or maintenance of local streets and roads;
30        (G) curb and gutter or sidewalk maintenance;
31        (H) garbage and refuse collection; and

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1        (I) street lighting; and
2        (iii) exclusion will not leave an unincorporated island within the proposed municipality.
3        (3) (a) This section shall apply to each incorporation petition filed before and still pending
4    at the effective date of this section.
5        (b) For any such petition, the period of seven calendar days provided in Subsection (1)
6    shall be seven calendar days after the effective date of this section.
7        (4) This section applies only to counties of the first class.
8        Section 9. Section 10-2-109 is repealed and reenacted to read:
9         10-2-109. Processing of petition by county clerk -- Certification or rejection --
10     Processing priority.
11        (1) Within 45 days of the filing of a petition under Section 10-2-107, the county clerk
12    shall:
13        (a) with the assistance of other county officers from whom the clerk requests assistance,
14    determine whether the petition meets the requirements of Section 10-2-107; and
15        (b) (i) if the clerk determines that the petition meets those requirements, certify the
16    petition, deliver it to the county legislative body, and notify in writing the contact sponsor of the
17    certification; or
18        (ii) if the clerk determines that the petition fails to meet any of those requirements, reject
19    the petition and notify the contact sponsor in writing of the rejection and the reasons for the
20    rejection.
21        (2) (a) The county clerk shall process petitions under Subsection (1) in the order in which
22    they are filed.
23        (b) If a petition that has been rejected by the county clerk under Subsection (1)(b)(ii) is
24    refiled, its processing priority is determined by the date on which it is refiled.
25        Section 10. Section 10-2-110 is repealed and reenacted to read:
26         10-2-110. Incorporation election.
27        (1) At the next special election date under Section 20A-1-204 more than 30 days after the
28    county legislative body's receipt of the certified petition under Subsection 10-2-109(1)(b)(i), the
29    county legislative body shall hold an election on the proposed incorporation.
30        (2) (a) The county clerk shall publish notice of the election in a newspaper of general
31    circulation within the area proposed to be incorporated at least once a week for three successive

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1    weeks.
2        (b) The notice required by Subsection (2)(a) shall contain:
3        (i) a statement of the contents of the petition;
4        (ii) a description of the area proposed to be incorporated as a city;
5        (iii) a statement of the date and time of the election and the location of polling places; and
6        (iv) the feasibility study summary under Subsection 10-2-104(3)(b) and a statement that
7    a full copy of the study is available for inspection and copying at the office of the county clerk.
8        (c) The last publication of notice required under Subsection (2)(a) shall occur at least one
9    day but no more than seven days before the election.
10        (d) (i) If there is no newspaper of general circulation within the proposed city, the county
11    clerk shall post at least one notice of the election per 1,000 population in conspicuous places
12    within the proposed city that are most likely to give notice of the election to the voters of the
13    proposed city.
14        (ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days before
15    the election under Subsection (1).
16        Section 11. Section 10-2-111 is repealed and reenacted to read:
17         10-2-111. Ballot used at the incorporation election.
18        (1) The ballot at the incorporation election under Subsection 10-2-110(1) shall pose the
19    incorporation question substantially as follows:
20        Shall the area described as (insert a description of the proposed city) be incorporated as the
21    city of (insert the proposed name of the proposed city)?
22        (2) The ballot shall provide a space for the voter to answer yes or no to the question in
23    Subsection (1).
24        (3) (a) The ballot at the incorporation election shall also pose the question relating to the
25    form of government substantially as follows:
26        If the above incorporation proposal passes, under what form of municipal government shall
27    (insert the name of the proposed city) operate? Vote for one:
28        City (insert "Commission" for a city of the first or second class or "Council" for a city of
29    the third class) form
30        Council-Mayor form
31        Council-Manager form.

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1        (b) The ballot shall provide a space for the voter to vote for one form of government.
2        (4) (a) The ballot at the incorporation election shall also pose the question of whether to
3    elect city commission or council members by district substantially as follows:
4        If the above incorporation proposal passes, shall members of the city (insert "commission"
5    or "council", as the case may be) of (insert the name of the proposed city) be elected by district?
6        (b) The ballot shall provide a space for the voter to answer yes or no to the question in
7    Subsection (4)(a).
8        Section 12. Section 10-2-112 is repealed and reenacted to read:
9         10-2-112. Notification to lieutenant governor of incorporation election results.
10        Within ten days of the canvass of the incorporation election, the county clerk shall send
11    written notice to the lieutenant governor of:
12        (1) the results of the election; and
13        (2) if the incorporation measure passes:
14        (a) the name of the city; and
15        (b) the class of the city as provided under Section 10-2-301.
16        Section 13. Section 10-2-113 is repealed and reenacted to read:
17         10-2-113. Determination of number of commission or council members --
18     Determination of election districts -- Hearings and notice.
19        (1) If the incorporation proposal passes, the petition sponsors shall, within 30 days of the
20    canvass of the election under Section 10-2-110:
21        (a) if the voters at the incorporation election choose either the council-mayor or the
22    council-manager form of government, determine the number of commission or council members
23    that will constitute the commission or council of the future city;
24        (b) if the voters at the incorporation election vote to elect commission or council members
25    by district, determine the number of commission or council members to be elected by district and
26    draw the boundaries of those districts, which shall be substantially equal in population;
27        (c) determine the initial terms of the mayor and members of the city commission or
28    council so that:
29        (i) the mayor and approximately half the members of the city commission or council are
30    elected to serve an initial term, of no less than one year, that allows their successors to serve a full
31    four-year term that coincides with the schedule established in Subsection 10-3-203(1) for a first

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1    class city, Subsection 10-3-204(1) for a second class city, and Subsection 10-3-205(1) for a third
2    class city; and
3        (ii) the remaining members of the city commission or council are elected to serve an initial
4    term, of no less than one year, that allows their successors to serve a full four-year term that
5    coincides with the schedule established in Subsection 10-3-203(2) for a first class city, Subsection
6    10-3-204(2) for a second class city, and Subsection 10-3-205(2) for a third class city; and
7        (d) submit in writing to the county legislative body the results of the sponsors'
8    determinations under Subsections (1)(a), (b), and (c).
9        (2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
10    sponsors shall hold a public hearing within the future city on the applicable issues under
11    Subsections (1)(a), (b), and (c).
12        (b) (i) The petition sponsors shall publish notice of the public hearing under Subsection
13    (2)(a) in a newspaper of general circulation within the future city at least once a week for two
14    successive weeks before the hearing.
15        (ii) The last publication of notice under Subsection (2)(b)(i) shall be at least three days
16    before the public hearing under Subsection (2)(a).
17        (c) (i) If there is no newspaper of general circulation within the future city, the petition
18    sponsors shall post at least one notice of the hearing per 1,000 population in conspicuous places
19    within the future city that are most likely to give notice of the hearing to the residents of the future
20    city.
21        (ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least seven
22    days before the hearing under Subsection (2)(a).
23        Section 14. Section 10-2-114 is repealed and reenacted to read:
24         10-2-114. Notice of number of commission or council members to be elected and of
25     district boundaries -- Declaration of candidacy for city office.
26        (1) (a) Within 20 days of the county legislative body's receipt of the information under
27    Subsection 10-2-113(1)(d), the county clerk shall publish in a newspaper of general circulation
28    within the future city a notice containing:
29        (i) the number of commission or council members to be elected for the new city;
30        (ii) if some or all of the commission or council members are to be elected by district, a
31    description of the boundaries of those districts as designated by the petition sponsors under

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1    Subsection 10-2-113(1)(b);
2        (iii) information about the deadline for filing a declaration of candidacy for those seeking
3    to become candidates for mayor or city commission or council; and
4        (iv) information about the length of the initial term of each of the city officers, as
5    determined by the petition sponsors under Subsection 10-2-113(1)(c).
6        (b) The notice under Subsection (1)(a) shall be published at least once a week for two
7    successive weeks.
8        (c) (i) If there is no newspaper of general circulation within the future city, the county
9    clerk shall post at least one notice per 1,000 population in conspicuous places within the future city
10    that are most likely to give notice to the residents of the future city.
11        (ii) The notice under Subsection (1)(c)(i) shall contain the information required under
12    Subsection (1)(a).
13        (iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least seven
14    days before the deadline for filing a declaration of candidacy under Subsection (2).
15        (2) Notwithstanding Subsection 20A-2-203(2)(a), each person seeking to become a
16    candidate for mayor or city commission or council of a city incorporating under this part shall,
17    within 60 days of the incorporation election under Section 10-2-110, file a declaration of
18    candidacy with the clerk of the county in which the future city is located.
19        Section 15. Section 10-2-115 is enacted to read:
20         10-2-115. Election of officers of new city.
21        (1) For the election of city officers, the county legislative body shall:
22        (a) unless a primary election is prohibited by Subsection 20A-9-404(2), hold a primary
23    election; and
24        (b) hold a final election.
25        (2) Each election under Subsection (1) shall be:
26        (a) appropriate to the form of government chosen by the voters at the incorporation
27    election;
28        (b) consistent with the voters' decision about whether to elect commission or council
29    members by district and, if applicable, consistent with the boundaries of those districts as
30    determined by the petition sponsors; and
31        (c) consistent with the sponsors' determination of the number of commission or council

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1    members to be elected and the length of their initial term.
2        (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), the primary
3    election under Subsection (1)(a) shall be held at the earliest of the next:
4        (i) regular general election under Section 20A-1-201;
5        (ii) municipal primary election under Section 20A-9-404;
6        (iii) municipal general election under Section 20A-1-202; or
7        (iv) special election under Section 20A-1-204.
8        (b) Notwithstanding Subsection (3)(a), the primary election under Subsection (1)(a) may
9    not be held until 75 days after the incorporation election under Section 10-2-110.
10        (4) Except as provided in Subsection (5), the final election under Subsection (1)(b) shall
11    be held at the next special election date under Section 20A-1-204:
12        (a) after the primary election; or
13        (b) if there is no primary election, more than 75 days after the incorporation election under
14    Section 10-2-110.
15        (5) Notwithstanding Subsections (3) and (4), the county legislative body may hold the
16    primary and final elections required under Subsection (1) on the dates provided for the next
17    municipal primary election under Section 20A-9-404 and the next municipal general election under
18    Section 20A-1-202, respectively, after the incorporation election, if:
19        (a) with the results under Subsection 10-2-113(1)(d), the petition sponsors submit to the
20    county legislative body a written request to that effect; and
21        (b) the incorporation election under Section 10-2-110 took place in February or May of
22    an odd-numbered year.
23        (6) (a) (i) The county clerk shall publish notice of an election under this section at least
24    once a week for two successive weeks in a newspaper of general circulation within the future city.
25        (ii) The later notice under Subsection (6)(a)(i) shall be at least one day but no more than
26    seven days before the election.
27        (b) (i) If there is no newspaper of general circulation within the future city, the county
28    clerk shall post at least one notice of the election per 1,000 population in conspicuous places
29    within the future city that are most likely to give notice of the election to the voters.
30        (ii) The county clerk shall post the notices under Subsection (6)(b)(i) at least seven days
31    before each election under Subsection (1).

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1        (7) Until the city is incorporated, the county clerk is the election officer for all purposes
2    in an election of officers of the city approved at an incorporation election.
3        Section 16. Section 10-2-116 is enacted to read:
4         10-2-116. Notification to lieutenant governor of election of city officers.
5        Within ten days of the canvass of the final election of city officers under Section 10-2-115,
6    the county clerk shall send written notice to the lieutenant governor of the name and position of
7    each officer elected and the term for which each has been elected.
8        Section 17. Section 10-2-117 is enacted to read:
9         10-2-117. Elections governed by the Election Code.
10        Except as otherwise provided in this part, each election under this part shall be governed
11    by the provisions of Title 20A, Election Code.
12        Section 18. Section 10-2-118 is enacted to read:
13         10-2-118. Filing of articles of incorporation -- Certification of articles by lieutenant
14     governor.
15        (1) At any time after the canvass of the final election of city officers under Section
16    10-2-115, the mayor-elect of the new city may file at least three copies of the articles of
17    incorporation with the lieutenant governor.
18        (2) The articles of incorporation shall:
19        (a) contain the name of the city;
20        (b) contain a geographical description of the city;
21        (c) contain the city's class according to population as defined in Section 10-2-301; and
22        (d) be signed and verified by the mayor-elect of the city.
23        (3) (a) Within ten days of receipt of the articles of incorporation of the new city, the
24    lieutenant governor shall:
25        (i) certify the articles of incorporation;
26        (ii) deliver one copy of the articles of incorporation to the clerk of the county in which the
27    new city is located; and
28        (iii) return one copy of the articles of incorporation to the mayor-elect of the new city.
29        (b) The lieutenant governor shall furnish a certified copy of the articles of incorporation
30    to any person on request and may charge a reasonable fee for the copy.
31        Section 19. Section 10-2-119 is enacted to read:

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1         10-2-119. Alternative to filing articles of incorporation -- Powers of officers-elect.
2        (1) (a) Before filing articles of incorporation, the mayor-elect of the future city may file
3    a verified notice of intention to file the articles of incorporation.
4        (b) The notice under Subsection (1)(a) shall contain:
5        (i) the name of the future city;
6        (ii) a geographical description of the new city;
7        (iii) the city's class according to population as defined in Section 10-2-301; and
8        (iv) the proposed date for filing the articles of incorporation.
9        (2) On receipt of the notice under Subsection (1), the lieutenant governor shall:
10        (a) certify the notice;
11        (b) deliver one copy of the notice to the clerk of the county in which the future city is
12    located; and
13        (c) return one copy of the notice to the mayor-elect.
14        (3) Upon the lieutenant governor's certification of the notice and until the future city
15    becomes legally incorporated, the officers of the future city may:
16        (a) prepare and adopt, under Chapter 6, Uniform Fiscal Procedures Act For Utah Cities,
17    a proposed budget and compilation of ordinances;
18        (b) negotiate and make personnel contracts and hirings;
19        (c) negotiate and make service contracts;
20        (d) file the notification required by Section 11-12-3;
21        (e) negotiate and make contracts to purchase equipment, materials, and supplies; and
22        (f) borrow funds from the county in which the future city is located under Subsection
23    10-2-120(3).
24        (4) The city's legislative body shall review and ratify each contract made by the
25    officers-elect under Subsection (3) within 30 days of the effective date of incorporation under
26    Section 10-2-121.
27        Section 20. Section 10-2-120 is enacted to read:
28         10-2-120. Division of municipal-type services revenues -- County may provide startup
29     funds -- Filing of plat or map.
30        (1) The county in which an area incorporating under this part is located shall, until the date
31    of the city's incorporation under Section 10-2-121, continue:

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1        (a) to levy and collect ad valorem property tax and other revenues from or pertaining to
2    the future city; and
3        (b) except as otherwise agreed by the county and the officers-elect of the city after the
4    filing of the notice under Subsection 10-2-119(1), to provide the same services to the future city
5    as the county provided before the commencement of the incorporation proceedings.
6        (2) The legislative body of the county in which a newly incorporated city is located shall
7    share pro rata with the new city, based on the date of incorporation, the taxes and service charges
8    or fees levied and collected by the county under Section 17-34-3 during the year of the new city's
9    incorporation if and to the extent that the new city provides, by itself or by contract, the same
10    services for which the county levied and collected the taxes and service charges or fees.
11        (3) (a) The legislative body of a county in which an area incorporating under this part is
12    located may appropriate county funds to:
13        (i) before incorporation but after a notice under Subsection 10-2-119(1) is filed, the
14    officers-elect of the future city to pay startup expenses of the future city; or
15        (ii) after incorporation, the new city.
16        (b) Funds appropriated under Subsection (3)(a) may be distributed in the form of a grant,
17    a loan, or as an advance against future distributions under Subsection (2).
18        (4) Within 30 days of incorporation, the legislative body of the new city shall file with the
19    recorder of the county in which the new city is located a plat or map, prepared by a licensed
20    surveyor, showing the boundaries of the new city.
21        Section 21. Section 10-2-121 is enacted to read:
22         10-2-121. When incorporation complete -- Incorporation presumed conclusive.
23        (1) A city is incorporated upon the lieutenant governor's certification of the city's articles
24    of incorporation under Subsection 10-2-118(3)(a).
25        (2) Notwithstanding any other provision of law, a city shall be conclusively presumed to
26    be lawfully incorporated and existing if for two or more years following the city's incorporation:
27        (a) the city has levied and collected a property tax; and
28        (b) no challenge to the existence or incorporation of the city has been filed in the district
29    court for the county in which the city is located.
30        Section 22. Section 10-2-122 is repealed and reenacted to read:
31         10-2-122. Costs of incorporation.

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1        All costs of the incorporation proceeding, including request certification, feasibility study,
2    petition certification, publication of notices, public hearings, and elections, shall be paid by the
3    county in which the proposed city is located.
4        Section 23. Section 10-2-123 is enacted to read:
5         10-2-123. Incorporation petitions before May 5, 1997.
6        (1) Except as provided in Subsection (2), a petition for incorporation filed before May 5,
7    1997, that fails to comply with Section 10-2-107 is invalid.
8        (2) Notwithstanding Subsection (1), a petition for incorporation filed before May 5, 1997,
9    that complies with Subsections 10-2-102(2)(a) through (e) shall be considered a valid request for
10    a feasibility study under Section 10-2-102 and shall be processed in accordance with the provisions
11    of this part.
12        Section 24. Section 10-2-124 is enacted to read:
13         10-2-124. Incorporation of a town.
14        (1) A contiguous area of a county not within a municipality, with a population of at least
15    100 but not more than 800, may incorporate as a town as provided in this section.
16        (2) (a) The process to incorporate an area as a town is initiated by filing a petition with the
17    clerk of the county in which the area is located.
18        (b) Each petition under Subsection (2)(a) shall:
19        (i) be signed by:
20        (A) a majority in number of the owners of real property within the area; and
21        (B) the owners of a majority of the total private land area within the area; and
22        (ii) state the legal description of the boundaries of the area proposed to be incorporated as
23    a town.
24        (c) The petitioners shall file a copy of the petition with the county recorder at the time the
25    petition is filed with the county clerk.
26        (3) Upon approval of the petition under Subsection (2), the legislative body of the county
27    in which the proposed town is located shall appoint a mayor and members of the town council who
28    shall hold office until the next regular municipal election and until their successors are elected and
29    qualified.
30        (4) (a) (i) The mayor appointed under Subsection (3) shall, within seven days of
31    appointment, file articles of incorporation of the new town with the lieutenant governor.

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1        (ii) The articles of incorporation shall meet the requirements of Subsection 10-2-118(2).
2        (b) Within ten days of receipt of the articles of incorporation, the lieutenant governor shall:
3        (i) certify the articles of incorporation;
4        (ii) return a copy of the articles of incorporation to the appointed mayor; and
5        (iii) send a copy of the articles of incorporation to the recorder of the county in which the
6    town is located.
7        (5) A town is incorporated upon the lieutenant governor's certification of the articles of
8    incorporation.
9        Section 25. Section 10-2-401 is repealed and reenacted to read:
10         10-2-401. Definitions.
11        As used in this part:
12        (1) "Annexation petition" means a petition under Section 10-2-403 proposing the
13    annexation to a municipality of a contiguous, unincorporated area that is contiguous to the
14    municipality.
15        (2) "Commission" means a boundary commission established under Section 10-2-408 for
16    the county in which the property that is proposed for annexation is located.
17        (3) "Contiguous" means:
18        (a) if used to describe an area, continuous, uninterrupted, and without an island not
19    included as a part of the area; and
20        (b) if used to describe an area's relationship with another area, sharing a common
21    boundary.
22        (4) "Feasibility consultant" means a person or firm with expertise in the processes and
23    economics of local government.
24        (5) "Municipal selection committee" means a committee in each county composed of the
25    mayor of each municipality within that county.
26        (6) "Unincorporated" means not within a municipality.
27        Section 26. Section 10-2-402 is repealed and reenacted to read:
28         10-2-402. Annexation -- Limitations.
29        (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
30    annexed to the municipality as provided in this part.
31        (b) An unincorporated area may not be annexed to a municipality unless:

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1        (i) it is a contiguous area;
2        (ii) it is contiguous to the municipality; and
3        (iii) annexation will not leave or create an unincorporated island or peninsula.
4        (2) Except as provided in Section 10-2-416, a municipality may not annex an
5    unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation.
6        Section 27. Section 10-2-403 is repealed and reenacted to read:
7         10-2-403. Annexation petition -- Requirements.
8        (1) Except as provided in Section 10-2-416, the process to annex an unincorporated area
9    to a municipality is initiated by a petition as provided in this section.
10        (2) Each petition under Subsection (1) shall:
11        (a) be filed with the city recorder or town clerk, as the case may be, of the proposed
12    annexing municipality;
13        (b) contain the signatures of:
14        (i) a majority in number of the owners of real property in the area proposed for annexation;
15    and
16        (ii) the owners of a majority of the private land area within the area proposed for
17    annexation;
18        (c) be accompanied by an accurate plat or map, prepared by a licensed surveyor, of the
19    area proposed for annexation; and
20        (d) designate up to five of the signers of the petition as sponsors, one of whom shall be
21    designated as the contact sponsor, and indicate the mailing address of each sponsor.
22        (3) A petition under Subsection (1) may not propose the annexation of all or part of an area
23    proposed for annexation to a municipality in a previously filed petition that has not been denied,
24    rejected, or granted.
25        (4) If practicable and feasible, the boundaries of an area proposed for annexation shall be
26    drawn along the boundaries of existing special districts for sewer, water, and other services and
27    along the boundaries of other taxing entities:
28        (a) to eliminate islands and peninsulas of territory that is not receiving municipal services;
29        (b) to facilitate the consolidation of overlapping functions of local government;
30        (c) to promote the efficient delivery of services; and
31        (d) to encourage the equitable distribution of community resources and obligations.

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1        (5) On the date of filing, the petition sponsors shall deliver or mail a copy of the petition
2    to the clerk of the county in which the area proposed for annexation is located.
3        Section 28. Section 10-2-404 is repealed and reenacted to read:
4         10-2-404. Acceptance or rejection of an annexation petition -- Modified petition.
5        (1) (a) A municipal legislative body may:
6        (i) deny a petition filed under Section 10-2-403; or
7        (ii) accept the petition for further consideration under this part.
8        (b) If a municipal legislative body denies a petition under Subsection (1)(a)(i), it shall,
9    within five days of the denial, mail written notice of the denial to the contact sponsor and the clerk
10    of the county in which the area proposed for annexation is located.
11        (2) If the municipal legislative body accepts a petition under Subsection (1)(a)(ii), the city
12    recorder or town clerk, as the case may be, shall, within 30 days of that acceptance:
13        (a) with the assistance of the municipal attorney and of the clerk, surveyor, and recorder
14    of the county in which the area proposed for annexation is located, determine whether the petition
15    meets the requirements of Subsections 10-2-403(2) and (3); and
16        (b) (i) if the city recorder or town clerk determines that the petition meets those
17    requirements, certify the petition and notify in writing the municipal legislative body and the
18    contact sponsor of the certification; or
19        (ii) if the city recorder or town clerk determines that the petition fails to meet any of those
20    requirements, reject the petition and notify in writing the municipal legislative body and the
21    contact sponsor of the rejection and the reasons for the rejection.
22        (3) (a) If the city recorder or town clerk rejects a petition under Subsection (2)(b)(ii), the
23    petition may be modified to correct the deficiencies for which it was rejected and then refiled with
24    the city recorder or town clerk, as the case may be.
25        (b) If a petition is refiled under Subsection (3)(a) after having been rejected by the city
26    recorder or town clerk under Subsection (2)(b)(ii), the refiled petition shall be treated as a newly
27    filed petition under Subsection 10-2-403(1).
28        (4) Each county clerk, surveyor, and recorder shall cooperate with and assist a city
29    recorder or town clerk in the determination under Subsection (2)(a).
30        Section 29. Section 10-2-405 is repealed and reenacted to read:
31         10-2-405. Notice of certification -- Publishing and providing notice of petition.

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1        (1) After receipt of the notice of certification from the city recorder or town clerk under
2    Subsection 10-2-404(2)(b)(i), the municipal legislative body shall:
3        (a) (i) publish a notice at least once a week for three successive weeks, beginning no later
4    than ten days after receipt of the notice of certification, in a newspaper of general circulation
5    within:
6        (A) the area proposed for annexation; and
7        (B) the unincorporated area within 1/2 mile of the area proposed for annexation; or
8        (ii) if there is no newspaper of general circulation within those areas, post written notices
9    in conspicuous places within those areas that are most likely to give notice to residents within
10    those areas; and
11        (b) within 20 days of receipt of the notice of certification under Subsection
12    10-2-404(2)(b)(i), mail written notice to:
13        (i) the legislative body of the county in which the area proposed for annexation is located;
14        (ii) the board of each special district under Title 17A, Chapter 2, Independent Special
15    Districts, whose boundaries include part or all of the area proposed for annexation; and
16        (iii) the legislative body of each municipality whose boundaries are within 1/2 mile of the
17    area proposed for annexation.
18        (2) (a) The notice under Subsections (1)(a) and (b) shall:
19        (i) state that a petition has been filed with the municipality proposing the annexation of
20    an area to the municipality;
21        (ii) state the date of the municipal legislative body's receipt of the notice of certification
22    under Subsection 10-2-404(2)(b)(i);
23        (iii) describe the area proposed for annexation in the annexation petition;
24        (iv) state that the complete annexation petition is available for inspection and copying at
25    the office of the city recorder or town clerk;
26        (v) state in conspicuous and plain terms that the municipality may grant the petition and
27    annex the area described in the petition unless, within the time required under Subsection
28    10-2-406(2)(a)(i)(A), a written protest to the annexation petition is filed with the commission and
29    a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
30    municipality; and
31        (vi) state the address of the commission or, if a commission has not yet been created in the

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1    county, the county clerk, where a protest to the annexation petition may be filed.
2        (b) The statement required by Subsection (2)(a)(v) shall state the deadline for filing a
3    written protest in terms of the actual date rather than by reference to the statutory citation.
4        (c) In addition to the requirements under Subsection (2)(a), a notice under Subsection
5    (1)(a) shall include a statement that a protest to the annexation petition may be filed with the
6    commission by property owners if it contains the signatures of:
7        (i) 10% of the number of owners of real property located in the unincorporated area within
8    1/2 mile of the area proposed for annexation; and
9        (ii) the owners of at least 10% of the private land area located in the unincorporated area
10    within 1/2 mile of the area proposed for annexation.
11        Section 30. Section 10-2-406 is repealed and reenacted to read:
12         10-2-406. Protest to annexation petition -- Requirements -- Disposition if no protest.
13        (1) A protest to an annexation petition under Section 10-2-403 may be filed by:
14        (a) the legislative body of the county in which the area proposed for annexation is located;
15        (b) the board of a special district whose boundaries include part or all of the area proposed
16    for annexation;
17        (c) the legislative body of a municipality whose boundaries are within 1/2 mile of the area
18    proposed for annexation; or
19        (d) (i) 10% of the number of owners of real property located in the unincorporated area
20    within 1/2 mile of the area proposed for annexation; and
21        (ii) the owners of at least 10% of the private land area located in the unincorporated area
22    within 1/2 mile of the area proposed for annexation.
23        (2) (a) Each protest under Subsection (1) shall:
24        (i) be filed:
25         (A) no later than 60 days after the municipal legislative body's receipt of the notice of
26    certification under Subsection 10-2-404(2)(b)(i); and
27        (B) (I) in a county that has already created a commission under Section 10-2-408, with the
28    commission; or
29        (II) in a county that has not yet created a commission under Section 10-2-408, with the
30    clerk of the county in which the area proposed for annexation is located; and
31        (ii) state each reason for the protest of the annexation petition.

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1        (b) The party filing a protest under this section shall on the same date deliver or mail a
2    copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
3        (c) Each protest under Subsection (1)(d) shall, in addition to the requirements of
4    Subsections (2)(a) and (b):
5        (i) indicate the typed or printed name and current residence address of each owner signing
6    the protest; and
7        (ii) designate one of the signers of the protest as the contact person and state the mailing
8    address of the contact person.
9        (3) (a) (i) If a protest is filed under this section:
10        (A) the municipal legislative body may, at its next regular meeting after expiration of the
11    deadline under Subsection (2)(a)(i)(A), deny the annexation petition; or
12        (B) if the municipal legislative body does not deny the annexation petition under
13    Subsection (3)(a)(i)(A), the municipal legislative body may take no further action on the
14    annexation petition until after receipt of the commission's notice of its decision on the protest
15    under Section 10-2-415.
16        (ii) If a municipal legislative body denies an annexation petition under Subsection
17    (3)(a)(i)(A), the municipal legislative body shall, within five days of the denial, send notice of the
18    denial in writing to:
19        (A) the contact sponsor of the annexation petition;
20        (B) the commission;
21        (C) each entity that filed a protest; and
22        (D) if a protest was filed under Subsection (1)(d), the contact person.
23        (b) (i) If no timely protest is filed under this section, the municipal legislative body may,
24    subject to Subsection (b)(ii), grant the petition and, by ordinance, annex the area that is the subject
25    of the annexation petition.
26        (ii) Before granting an annexation petition under Subsection (3)(b)(i), the municipal
27    legislative body shall:
28        (A) hold a public hearing; and
29        (B) at least seven days before the public hearing under Subsection (3)(b)(ii)(A):
30        (I) publish notice of the hearing in a newspaper of general circulation within the
31    municipality and the area proposed for annexation; or

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1        (II) if there is no newspaper of general circulation in those areas, post written notices of
2    the hearing in conspicuous places within those areas that are most likely to give notice to residents
3    within those areas.
4        Section 31. Section 10-2-407 is repealed and reenacted to read:
5         10-2-407. Denial of or granting the annexation petition -- Filing of plat or map.
6        (1) After receipt of the commission's decision on a protest under Subsection 10-2-415(2),
7    a municipal legislative body may:
8        (a) deny the annexation petition; or
9        (b) if the commission approves the annexation, grant the annexation petition and, by
10    ordinance and consistent with the commission's decision, annex the area that is the subject of the
11    annexation petition.
12        (2) Within 30 days after enacting an ordinance annexing an unincorporated area, the
13    municipal legislative body shall file with the recorder of the county in which the area is located
14    a plat or map, prepared by a licensed surveyor, showing the new boundaries of the municipality.
15        Section 32. Section 10-2-408 is repealed and reenacted to read:
16         10-2-408. Boundary commission -- Creation -- Members.
17        (1) The legislative body of each county:
18        (a) may create a boundary commission on its own initiative at any time; and
19        (b) shall create a boundary commission within 30 days of the filing of a protest under
20    Section 10-2-406.
21        (2) (a) Each commission shall be composed of:
22        (i) in a county with two or more municipalities:
23        (A) two members who are elected county officers, appointed by:
24        (I) in a county operating under a form of government in which the executive and
25    legislative functions are separated, the county executive with the advice and consent of the county
26    legislative body; or
27        (II) in a county operating under a form of government in which the executive and
28    legislative functions of the governing body are not separated, the county legislative body;
29        (B) two members who are elected municipal officers from separate municipalities within
30    the county, appointed by the municipal selection committee; and
31        (C) three members who are residents of the county, none of whom is a county or municipal

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1    officer, appointed by the four other members under Subsections (2)(a)(i)(A) and (B); and
2        (ii) in a county with only one municipality:
3        (A) two members who are county elected officers, appointed by:
4        (I) in a county operating under a form of government in which the executive and
5    legislative functions are separated, the county executive with the advice and consent of the county
6    legislative body; or
7        (II) in a county operating under a form of government in which the executive and
8    legislative functions of the governing body are not separated, the county legislative body;
9        (B) one member who is a municipal officer, appointed by the municipal legislative body;
10    and
11        (C) two members who are residents of the county, neither of whom is a county or
12    municipal officer, appointed by the other three members under Subsections (2)(a)(ii)(A) and (B).
13        (b) For purposes of Subsection (2)(a)(i)(B), a majority of the municipal selection
14    committee constitutes a quorum, and action of the municipal selection committee requires a
15    majority vote of a quorum.
16        (3) At the expiration of the term of each member appointed under this section, the
17    member's successor shall be appointed by the same body that appointed the member whose term
18    is expiring, as provided in this section.
19        (4) Each boundary commission created before May 5, 1997, under Chapter 25, Laws of
20    Utah 1979, shall continue in existence and thereafter be governed by the provisions of this part.
21        Section 33. Section 10-2-409 is repealed and reenacted to read:
22         10-2-409. Boundary commission member terms -- Staggered terms -- Chair --
23     Quorum -- Vacancy.
24        (1) Except as provided in Subsection (2), the term of each member of a boundary
25    commission is four years and begins and expires the first Monday in January of the applicable
26    year.
27        (2) Notwithstanding Subsection (1), the terms of the first members of a commission shall
28    be staggered by lot so that:
29        (a) on a seven-member commission, the term of one member is approximately one year,
30    the term of two members is approximately two years, the term of two members is approximately
31    three years, and the term of two members is approximately four years; and

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1        (b) on a five-member commission, the term of two members is approximately two years
2    and the term of the other three members is approximately four years.
3        (3) (a) The members of each boundary commission shall elect as chair a person from their
4    number whose term does not expire for at least two years.
5        (b) The term of a boundary commission chair is two years.
6        (4) A majority of the commission constitutes a quorum, and commission action requires
7    a majority vote of a quorum.
8        (5) Each vacancy on a commission of a member or an alternate member shall be filled for
9    the remaining unexpired term of the vacating member by the body that appointed the vacating
10    member under Section 10-2-408.
11        Section 34. Section 10-2-410 is repealed and reenacted to read:
12         10-2-410. Disqualification of commission member -- Alternate member.
13        (1) A member of the commission is disqualified with respect to a protest before the
14    commission if that member owns property:
15        (a) within the area proposed for annexation in a petition that is the subject of the protest;
16    or
17        (b) that is in the unincorporated area within 1/2 mile of the area proposed for annexation
18    in a petition that is the subject of a protest under Subsection 10-2-406(1)(d).
19        (2) If a member is disqualified under Subsection (1), the body that appointed the
20    disqualified member shall appoint an alternate member to serve on the commission for purposes
21    of the protest as to which the member is disqualified.
22        Section 35. Section 10-2-411 is repealed and reenacted to read:
23         10-2-411. Boundary commission authority -- Expenses -- Records.
24        (1) A boundary commission may:
25        (a) adopt and enforce rules of procedure for the orderly and fair conduct of its proceedings;
26        (b) authorize a member of the commission to administer oaths if necessary in the
27    performance of the commission's duties;
28        (c) employ staff personnel and professional or consulting services reasonably necessary
29    to enable the commission to carry out its duties; and
30        (d) incur reasonable and necessary expenses to enable the commission to carry out its
31    duties.

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1        (2) The legislative body of each county shall, with respect to the boundary commission
2    in that county:
3        (a) furnish the commission necessary quarters, equipment, and supplies;
4        (b) pay necessary operating expenses incurred by the commission; and
5        (c) reimburse the reasonable and necessary expenses incurred by each member appointed
6    under Subsection 10-2-408(2)(a)(i)(C) or (ii)(C), unless otherwise provided by interlocal
7    agreement.
8        (3) Each county or municipal legislative body shall reimburse the reasonable and
9    necessary expenses incurred by a commission member who is an elected county or municipal
10    officer, respectively.
11        (4) Records, information, and other relevant materials necessary to enable the commission
12    to carry out its duties shall, upon request by the commission, be furnished to the boundary
13    commission by the personnel, employees, and officers of:
14        (a) each county and special district whose boundaries include an area that is the subject
15    of a protest under the commission's consideration; and
16        (b) each municipality whose boundaries may be affected by action of the boundary
17    commission.
18        Section 36. Section 10-2-412 is repealed and reenacted to read:
19         10-2-412. Feasibility consultant -- Feasibility study -- Modifications to feasibility
20     study.
21        (1) Unless a proposed annexing municipality denies an annexation petition under
22    Subsection 10-2-406(3)(a)(i)(A), the commission shall choose and engage a feasibility consultant
23    within 45 days of:
24        (a) the commission's receipt of a protest under Section 10-2-406, if the commission had
25    been created before the filing of the protest; or
26        (b) the commission's creation, if the commission is created after the filing of a protest.
27        (2) The commission shall require the feasibility consultant to:
28        (a) complete a feasibility study on the proposed annexation and submit written results of
29    the study to the commission no later than 75 days after the feasibility consultant is engaged to
30    conduct the study;
31        (b) submit with the full written results of the feasibility study a summary of the results no

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1    longer than a page in length; and
2        (c) attend the public hearing under Subsection 10-2-414(1) and present the feasibility study
3    results and respond to questions at that hearing.
4        (3) (a) Subject to Subsection (4), the feasibility study shall consider:
5        (i) the population and population density within the area proposed for annexation, the
6    surrounding unincorporated area, and, if a protest was filed by a municipality with boundaries
7    within 1/2 mile of the area proposed for annexation, that municipality;
8        (ii) the geography, geology, and topography of and natural boundaries within the area
9    proposed for annexation, the surrounding unincorporated area, and, if a protest was filed by a
10    municipality with boundaries within 1/2 mile of the area proposed for annexation, that
11    municipality;
12        (iii) whether the proposed annexation eliminates or creates an unincorporated island or
13    peninsula;
14        (iv) whether the proposed annexation will hinder or prevent a future and more logical and
15    beneficial annexation or a future logical and beneficial incorporation;
16        (v) the fiscal impact of the proposed annexation on the remaining unincorporated area,
17    other municipalities, special districts, and other governmental entities;
18        (vi) current and ten-year projections of demographics and economic base in the area
19    proposed for annexation and surrounding unincorporated area, including household size and
20    income, commercial and industrial development, and public facilities;
21        (vii) projected growth in the area proposed for annexation and the surrounding
22    unincorporated area during the next ten years;
23        (viii) the present and ten-year projections of the cost of governmental services in the area
24    proposed for annexation;
25        (ix) the present and ten-year projected revenue to the proposed annexing municipality from
26    the area proposed for annexation;
27        (x) the projected impact the annexation will have over the following ten years on the
28    amount of taxes that property owners within the area proposed for annexation, the proposed
29    annexing municipality, and the remaining unincorporated county will pay;
30        (xi) past expansion in terms of population and construction in the area proposed for
31    annexation and the surrounding unincorporated area;

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1        (xii) the extension during the past ten years of the boundaries of each other municipality
2    near the area proposed for annexation, the willingness of the other municipality to annex the area
3    proposed for annexation, and the probability that another municipality would annex some or all
4    of the area proposed for annexation if the annexation did not occur;
5        (xiii) the history, culture, and social aspects of the area proposed for annexation and
6    surrounding area; and
7        (xiv) the method of providing and the entity that has provided municipal-type services in
8    the past to the area proposed for incorporation and the feasibility of municipal-type services being
9    provided by the proposed annexing municipality.
10        (b) For purposes of Subsection (3)(a)(ix), the feasibility consultant shall assume ad
11    valorem property tax rates on residential property within the area proposed for annexation at the
12    same level that residential property within the proposed annexing municipality would be without
13    the annexation.
14        (4) (a) Except as provided in Subsection (4)(b), the commission may modify the depth of
15    study of and detail given to the items listed in Subsection (3)(a) by the feasibility consultant in
16    conducting the feasibility study depending upon:
17        (i) the size of the area proposed for annexation;
18        (ii) the size of the proposed annexing municipality;
19        (iii) the extent to which the area proposed for annexation is developed;
20        (iv) the degree to which the area proposed for annexation is expected to develop and the
21    type of development expected; and
22        (v) the number and type of protests filed against the proposed annexation.
23        (b) Notwithstanding Subsection (4)(a), the commission may not modify the requirement
24    that the feasibility consultant provide a full and complete analysis of the items listed in
25    Subsections (3)(a)(viii) and (ix).
26        (5) If the results of the feasibility study do not meet the requirements of Subsection
27    10-2-415(3), the feasibility consultant may, as part of the feasibility study, make recommendations
28    as to how the boundaries of the area proposed for annexation may be altered so that the
29    requirements of Subsection 10-2-415(3) may be met.
30        (6) (a) Except as provided in Subsection (6)(b), the feasibility consultant fees and expenses
31    shall be shared equally by the proposed annexing municipality and each entity or group under

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1    Subsection 10-2-406(1) that files a protest.
2        (b) (i) Except as provided in Subsection (6)(b)(ii), if a protest is filed by property owners
3    under Subsection 10-2-406(1)(d), the county in which the area proposed for annexation shall pay
4    the owners' share of the feasibility consultant's fees and expenses.
5        (ii) Notwithstanding Subsection (6)(b)(i), if both the county and the property owners file
6    a protest, the county and the proposed annexing municipality shall share the property owners' share
7    of the feasibility consultant's fees and expenses.
8        Section 37. Section 10-2-413 is repealed and reenacted to read:
9         10-2-413. Modified annexation petition -- Supplemental feasibility study.
10        (1) (a) (i) If the results of the feasibility study do not meet the requirements of Subsection
11    10-2-415(3), the sponsors of the annexation petition may, within 45 days of the feasibility
12    consultant's submission of the results of the study, file with the city recorder or town clerk of the
13    proposed annexing municipality a modified annexation petition altering the boundaries of the
14    proposed annexation.
15        (ii) On the date of filing a modified annexation petition under Subsection (1)(a)(i), the
16    sponsors of the annexation petition shall deliver or mail a copy of the modified annexation petition
17    to the clerk of the county in which the area proposed for annexation is located.
18        (b) Each modified annexation petition under Subsection (1)(a) shall comply with the
19    requirements of Subsections 10-2-403(2), (3), and (4).
20        (2) (a) Within 20 days of the city recorder or town clerk's receipt of the modified
21    annexation petition, the city recorder or town clerk, as the case may be, shall follow the same
22    procedure for the modified annexation petition as provided under Subsections 10-2-404(2) and
23    (3)(a) for an original annexation petition.
24        (b) If the city recorder or town clerk certifies the modified annexation petition under
25    Subsection 10-2-404(2)(b)(i), the city recorder or town clerk, as the case may be, shall send written
26    notice of the certification to:
27        (i) the commission;
28        (ii) each entity that filed a protest to the annexation petition; and
29        (iii) if a protest was filed under Subsection 10-2-406(1)(d), the contact person.
30        (c) (i) If the modified annexation petition proposes the annexation of an area that includes
31    part or all of a special district that was not included in the area proposed for annexation in the

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1    original petition, the city recorder or town clerk, as the case may be, shall also send notice of the
2    certification of the modified annexation petition to the board of the special district.
3        (ii) If the area proposed for annexation in the modified annexation petition is within 1/2
4    mile of the boundaries of a municipality whose boundaries were not within 1/2 mile of the area
5    proposed for annexation in the original annexation petition, the city recorder or town clerk, as the
6    case may be, shall also send notice of the certification of the modified annexation petition to the
7    legislative body of that municipality.
8        (3) Within ten days of the commission's receipt of the notice under Subsection (2)(b), the
9    commission shall engage the feasibility consultant chosen under Subsection 10-2-412(1) to
10    supplement the feasibility study to take into account the information in the modified annexation
11    petition that was not included in the original annexation petition.
12        (4) The commission shall require the feasibility consultant to complete the supplemental
13    feasibility study and to submit written results of the supplemental study to the commission no later
14    than 30 days after the feasibility consultant is engaged to conduct the supplemental feasibility
15    study.
16        Section 38. Section 10-2-414 is repealed and reenacted to read:
17         10-2-414. Public hearing -- Notice.
18        (1) If the results of the feasibility study or supplemental feasibility study meet the
19    requirements of Subsection 10-2-415(3), the commission shall hold a public hearing within 30
20    days of receipt of the feasibility study or supplemental feasibility study results.
21        (2) At the hearing under Subsection (1), the commission shall:
22        (a) require the feasibility consultant to present the results of the feasibility study and, if
23    applicable, the supplemental feasibility study;
24        (b) allow those present to ask questions of the feasibility consultant regarding the study
25    results; and
26        (c) allow those present to speak to the issue of annexation.
27        (3) (a) The commission shall:
28        (i) publish notice of the hearing at least once a week for two successive weeks in a
29    newspaper of general circulation within the area proposed for annexation, the surrounding 1/2 mile
30    of unincorporated area, and the proposed annexing municipality; and
31        (ii) send written notice of the hearing to the municipal legislative body of the proposed

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1    annexing municipality, the contact sponsor on the annexation petition, each entity that filed a
2    protest, and, if a protest was filed under Subsection 10-2-406(1)(d), the contact person.
3        (b) If there is no newspaper of general circulation within the areas described in Subsection
4    (3)(a)(i), the commission shall give the notice required under that subsection by posting notices,
5    at least seven days before the hearing, in conspicuous places within those areas that are most likely
6    to give notice of the hearing to the residents of those areas.
7        (c) The notices under Subsections (3)(a) and (b) shall include the feasibility study
8    summary under Subsection 10-2-412(2)(b) and shall indicate that a full copy of the study is
9    available for inspection and copying at the office of the commission.
10        Section 39. Section 10-2-415 is repealed and reenacted to read:
11         10-2-415. Commission decision -- Written decision -- Limitation.
12        (1) Subject to Subsection (3), after the public hearing under Subsection 10-2-414(1) the
13    commission may:
14        (a) approve the proposed annexation, either with or without conditions;
15        (b) make minor modifications to the proposed annexation and approve it, either with or
16    without conditions; or
17        (c) disapprove the proposed annexation.
18        (2) The commission shall issue a written decision on the proposed annexation within 20
19    days of the conclusion of the hearing under Subsection 10-2-414(1) and send a copy of the
20    decision to:
21        (a) the legislative body of the county in which the area proposed for annexation is located;
22        (b) the legislative body of the proposed annexing municipality;
23        (c) the contact person on the annexation petition;
24        (d) each entity that filed a protest; and
25        (e) if a protest was filed under Subsection 10-2-406(1)(d), the contact person.
26        (3) The commission may not approve a proposed annexation unless the results of the
27    feasibility study under Section 10-2-412 show that the average annual amount under Subsection
28    10-2-412(3)(a)(ix) does not exceed the average annual amount under Subsection
29    10-2-412(3)(a)(viii) by more than 5%.
30        Section 40. Section 10-2-416 is repealed and reenacted to read:
31         10-2-416. Annexation of an island or peninsula without a petition -- Notice --

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1     Hearing.
2        (1) Notwithstanding Section 10-2-402, a municipality may annex an unincorporated area
3    under this section without an annexation petition if:
4        (a) the annexation is of an island within or a peninsula contiguous to the municipality;
5        (b) the majority of the area is urban in nature;
6        (c) the area proposed for annexation requires the delivery of municipal-type services; and
7        (d) the municipality has provided most or all of the municipal-type services to the area for
8    more than one year.
9        (2) (a) The municipal legislative body of a municipality intending to annex an area under
10    this section shall:
11        (i) adopt a resolution indicating the municipal legislative body's intent to annex the area,
12    describing the area proposed to be annexed;
13        (ii) (A) publish notice at least once a week for three successive weeks in a newspaper of
14    general circulation within the municipality and the area proposed for annexation; or
15        (B) if there is no newspaper of general circulation in the areas described in Subsection
16    (2)(a)(ii)(A), post at least one notice per 1,000 population in places within those areas that are most
17    likely to give notice to the residents of those areas;
18        (iii) send written notice to the board of each special district whose boundaries contain
19    some or all of the area proposed for annexation and to the legislative body of the county in which
20    the area proposed for annexation is located; and
21        (iv) hold a public hearing on the proposed annexation no earlier than 60 days after the
22    adoption of the resolution under Subsection (2)(a)(i).
23        (b) The notice under Subsections (2)(a)(ii) and (iii) shall:
24        (i) state that the municipal legislative body has adopted a resolution indicating its intent
25    to annex the area proposed for annexation;
26        (ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
27        (iii) describe the area proposed for annexation; and
28        (iv) state in conspicuous and plain terms that the municipal legislative body will annex the
29    area unless, at or before the public hearing under Subsection (2)(a)(iv), written protests to the
30    annexation are filed by:
31        (A) a majority in number of the owners of private real property within the area proposed

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1    for annexation; and
2        (B) the owners of a majority of the total private land area within the area proposed for
3    annexation.
4        (c) The first publication of the notice required under Subsection (2)(a)(ii)(A) shall be
5    within 14 days of the municipal legislative body's adoption of a resolution under Subsection
6    (2)(a)(i).
7        (3) Upon conclusion of the public hearing under Subsection (2)(a)(iv), the municipal
8    legislative body may adopt an ordinance annexing the area proposed for annexation under this
9    section unless, at or before the hearing, written protests to the annexation have been filed with the
10    city recorder or town clerk, as the case may be, by:
11        (a) a majority in number of the owners of private real property within the area proposed
12    for annexation; and
13        (b) the owners of a majority of the total private land area within the area proposed for
14    annexation.
15        (4) Within 30 days of the adoption of an ordinance of annexation under Subsection (3),
16    the municipal legislative body shall file with the recorder of the county in which the annexed area
17    is located a plat or map, prepared by a licensed surveyor, showing the new boundary.
18        Section 41. Section 10-2-417 is repealed and reenacted to read:
19         10-2-417. Boundary adjustments -- Policy declarations -- Resolution or ordinance
20     of annexation or disconnection.
21        (1) The legislative bodies of two or more municipalities having common boundaries may
22    adjust their common boundaries as provided in this section.
23        (2) (a) The legislative body of each municipality intending to adjust a boundary that is
24    common with another municipality shall:
25        (i) adopt a resolution indicating the intent of the municipal legislative body to adjust a
26    common boundary;
27        (ii) hold a public hearing on the proposed adjustment no less than 60 days after the
28    adoption of the resolution under Subsection (2)(a)(i); and
29        (iii) (A) publish notice at least once a week for three successive weeks in a newspaper of
30    general circulation within the municipality; or
31        (B) if there is no newspaper of general circulation within the municipality, post at least one

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1    notice per 1,000 population in places within the municipality that are most likely to give notice
2    to residents of the municipality.
3        (b) The notice required under Subsection (2)(a)(iii) shall:
4        (i) state that the municipal legislative body has adopted a resolution indicating the
5    municipal legislative body's intent to adjust a boundary that the municipality has in common with
6    another municipality;
7        (ii) describe the area proposed to be adjusted;
8        (iii) state the date, time, and place of the public hearing required under Subsection
9    (2)(a)(ii);
10        (iv) state in conspicuous and plain terms that the municipal legislative body will adjust the
11    area unless, at or before the public hearing under Subsection (2)(a)(ii), written protests to the
12    annexation are filed by:
13        (A) 10% in number of the owners of private real property within the area proposed for
14    adjustment; and
15        (B) the owners of 10% of the total private land area within the area proposed for
16    adjustment.
17        (c) The first publication of the notice required under Subsection (2)(a)(iii)(A) shall be
18    within 14 days of the municipal legislative body's adoption of a resolution under Subsection
19    (2)(a)(i).
20        (3) Upon conclusion of the public hearing under Subsection (2)(a)(ii), the municipal
21    legislative body may adopt an ordinance adjusting the common boundary unless, at or before the
22    hearing under Subsection (2)(a)(ii), written protests to the adjustment have been filed with the city
23    recorder or town clerk, as the case may be, by:
24        (a) 10% in number of the owners of private real property within the area proposed for
25    adjustment; and
26        (b) the owners of 10% of the total private land area within the area proposed for
27    adjustment.
28        (4) An ordinance adopted under Subsection (3) becomes effective when each municipality
29    involved in the boundary adjustment has adopted an ordinance under Subsection (3).
30        (5) Within 30 days of adjusting a boundary under this section, the municipalities shall file
31    with the recorder of the county in which the area of the boundary adjustment is located a plat or

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1    map, prepared by a licensed surveyor, showing the new common boundary.
2        Section 42. Section 10-2-418 is repealed and reenacted to read:
3         10-2-418. Bonds not affected by boundary adjustments or annexations -- Payment
4     of property taxes.
5        (1) A boundary adjustment or annexation under this part may not jeopardize or endanger
6    any general obligation or revenue bond.
7        (2) A bondholder may require the payment of property taxes from any area that:
8        (a) was included in the taxable value of the municipality issuing the bond at the time the
9    bond was issued; and
10        (b) is no longer within the boundaries of the municipality issuing the bond due to the
11    boundary adjustment or annexation.
12        Section 43. Section 10-2-419 is repealed and reenacted to read:
13         10-2-419. Electric utility service in annexed area.
14        (1) If the electric consumers of the area being annexed are receiving electric utility services
15    from sources other than the annexing municipality, the municipality may not, without the consent
16    of the electric utility, furnish its electric utility services to the electric consumers until the
17    municipality has reimbursed the electric utility company which previously provided the services
18    for the fair market value of those facilities dedicated to provide service to the annexed area.
19        (2) If the annexing municipality and the electric utility cannot agree on the fair market
20    value, it shall be determined by the state court having jurisdiction.
21        Section 44. Section 17-27-200.5 is amended to read:
22         17-27-200.5. Planning districts.
23        (1) (a) [Any] A county legislative body may enact an ordinance establishing a planning
24    district within the county or dividing the county into planning districts.
25        (b) If 25% of the private real property owners in a contiguous area of the county petition
26    the county legislative body to establish a planning district for that area and to appoint district
27    planning commissioners, the county legislative body shall:
28        (i) hold a public hearing to discuss the petition;
29        (ii) at least one week before the public hearing, publish notice of the petition and the time,
30    date, and place of the public hearing at least once in a newspaper of general circulation in the
31    county; and

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1        (iii) at the public hearing, consider oral and written testimony from the public and vote on
2    the question of whether or not to establish a planning district.
3        (c) If the county legislative body establishes a planning district pursuant to a petition, the
4    county legislative body shall appoint district planning commissioners to perform the duties
5    established in this part for the planning district.
6        (d) [In a county of the first or second class, the county legislative body shall ensure that]
7    Except as provided in Subsection (1)(e)(ii), each planning district [contains] shall contain:
8        (i) at least 20% but not more than 80% of:
9        (A) the county's total private land area; or
10        (B) the county's total locally assessed taxable property; or
11        (ii) at least 5% of the total population of the county that is not included within a
12    municipality.
13        (e) (i) A township created under Chapter 308, Laws of Utah 1996, before February 28,
14    1997, that meets the requirements of Subsection (1)(d) is reconstituted as a planning district under
15    this section with the same boundaries as the former township.
16        (ii) Notwithstanding Subsection (1)(d), a county legislative body may enact an ordinance
17    establishing a planning district with the same boundaries as a township that was formed before
18    February 28, 1997, under Chapter 308, Laws of Utah 1996.
19        (f) A county legislative body may enact an ordinance providing for the election of some
20    or all members of a planning district established under Subsection (1)(e).
21        (g) (i) After May 1, 1999, each legislative body of a county in which a planning district
22    established under Subsection (1)(e) is located shall review the planning district and determine
23    whether its continued existence is advisable.
24        (ii) In conducting the review required under Subsection (1)(g)(i), the county legislative
25    body shall hold a public hearing with reasonable, advance, published notice of the hearing and the
26    purpose of the hearing.
27        (iii) Each planning district established under Subsection (1)(e) and its planning
28    commission shall dissolve on July 1, 1999, unless, after conducting the review and public hearing
29    required under Subsections (1)(g)(i) and (ii), the county legislative body by ordinance authorizes
30    the continuation of the planning district.
31        (2) (a) If the county legislative body establishes planning districts without having received

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1    a petition, the county legislative body may:
2        (i) designate one countywide planning commission to perform the duties established in this
3    part for each planning district and for the county as a whole; or
4        (ii) designate a district planning commission for each planning district.
5        (b) (i) If the county legislative body fails to designate a district planning commission for
6    each planning district, 40% of the private real property owners in the area proposed to be included
7    in the planning district, as shown by the last county assessment roll, may petition the county
8    legislative body to designate and appoint a district planning commission for the planning district.
9        (ii) If the county legislative body determines that the petition is validly signed by 40%
10    of the private real property owners in the planning district as shown by the last county assessment
11    roll, it shall designate and appoint a district planning commission for the planning district.
12        (3) (a) A county legislative body may dissolve district planning commissions created under
13    the authority of this section only by following the procedures and requirements of this Subsection
14    (3).
15        (b) If 20% of the private real property owners in the county petition the county legislative
16    body to dissolve district planning commissions and to appoint a countywide planning commission,
17    the county legislative body shall:
18        (i) hold a public hearing to discuss the petition;
19        (ii) at least one week before the public hearing, publish notice of the petition and the time,
20    date, and place of the public hearing at least once in a newspaper of general circulation in the
21    county; and
22        (iii) at the public hearing, consider oral and written testimony from the public and vote on
23    the question of whether or not to dissolve district planning commissions and to appoint a
24    countywide planning commission.
25        (c) (i) If the county legislative body fails to dissolve district planning commissions and
26    to appoint a countywide planning commission when petitioned to do so by private real property
27    owners under this subsection, 40% of private real property owners in the county as shown by the
28    last county assessment roll may petition the county legislative body to dissolve the district
29    planning commissions and to appoint a countywide planning commission.
30        (ii) If the county legislative body determines that the petition is validly signed by 40%
31    of private real property owners in the planning district as shown by the last county assessment

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1    roll, it shall dissolve the district planning commissions and appoint a countywide planning
2    commission.
3        Section 45. Section 17-27-204 is amended to read:
4         17-27-204. Powers and duties.
5        [(1) A] Each countywide or district planning commission shall, with respect to the county
6    or district, as the case may be:
7        [(a)] (1) prepare and recommend a general plan and amendments to the general plan to the
8    county legislative body as provided in this chapter;
9        [(b)] (2) recommend zoning ordinances and maps, and amendments to zoning ordinances
10    and maps, to the county legislative body as provided in this chapter;
11        [(c)] (3) administer provisions of the zoning ordinance, [where] if specifically provided
12    for in the zoning ordinance adopted by the county legislative body;
13        [(d)] (4) recommend subdivision regulations and amendments to those regulations to the
14    county legislative body as provided in this chapter;
15        [(e)] (5) recommend approval or denial of subdivision applications as provided in this
16    chapter;
17        [(f)] (6) advise the county legislative body on matters as the county legislative body
18    directs;
19        [(g)] (7) hear or decide any matters that the county legislative body designates, including
20    the approval or denial of, or recommendations to approve or deny, conditional use permits;
21        [(h)] (8) exercise any other powers[: (i)] delegated to it by the county legislative body;
22    and
23        (9) exercise any other powers that are necessary to enable it to perform its [function; or
24    (ii) delegated to it by the legislative body] functions.
25        [(2) Each district planning commission shall:]
26        [(a) prepare and recommend a general plan for the planning district and amendments to
27    the general plan to the legislative body as provided in this chapter;]
28        [(b) recommend zoning ordinances and maps, and amendments to zoning ordinances and
29    maps, to the legislative body as provided in this chapter;]
30        [(c) administer provisions of the zoning ordinance, where specifically provided for in the
31    zoning ordinance adopted by the legislative body;]

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1        [(d) recommend subdivision regulations and amendments to those regulations to the
2    legislative body as provided in this chapter;]
3        [(e) recommend approval or denial of subdivision applications as provided in this chapter;]
4        [(f) advise the legislative body on matters as the legislative body directs;]
5        [(g) hear or decide any matters that the legislative body designates, including the approval
6    or denial of, or recommendations to approve or deny, conditional use permits;]
7        [(h) exercise any other powers:]
8        [(i) that are necessary to enable it to perform its function; or]
9        [(ii) delegated to it by the legislative body.]
10        Section 46. Section 17-27-206 is enacted to read:
11         17-27-206. Townships dissolved -- Planning and zoning board dissolved.
12        (1) Except as provided in Subsection 17-27-200.5(e), each township formed before May
13    5, 1997, under Chapter 308, Laws of Utah 1996, is dissolved.
14        (2) The planning and zoning board of each township formed before May 5, 1997, under
15    Chapter 308, Laws of Utah 1996, is dissolved.
16        Section 47. Repealer.
17        This act repeals:
18        Section 10-2-101.5, Form of petition.
19        Section 10-2-102.1, Notice to owner of more than 1% of property -- Exclusion of
20     property from proposed boundaries.
21        Section 10-2-102.2, Independent advisability and feasibility study -- Notice of hearing
22     on proposal.
23        Section 10-2-102.3, Exclusion of proposed annexation area.
24        Section 10-2-102.4, Conduct and record of hearing on proposal.
25        Section 10-2-102.6, Considerations in determining advisability and feasibility of
26     proposal.
27        Section 10-2-102.8, Decision on merits of proposal -- Election -- Publication of notice
28     -- Order refusing election.
29        Section 10-2-102.10, Appeal of decision.
30        Section 10-2-102.12, Costs of incorporation proceeding.
31        Section 10-2-106.5, Petition prohibited for one year following election.

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1        Section 10-2-106.8, Election of municipal officials.
2        Section 10-2-108.5, Alternative to filing articles -- Powers of officers-elect.
3        Section 10-2-420, Annexation across county lines -- Requirements.
4        Section 10-2-421, Boundary adjustments -- Policy declarations -- Resolution or
5     ordinance of annexation or disconnection.
6        Section 10-2-422, Bonds not affected by boundary adjustments or annexations --
7     Payment of property taxes.
8        Section 10-2-423, Annexation deemed conclusive.
9        Section 10-2-424, Electric utility service in annexed area.
10        Section 17-27a-101, Petition for township status.
11        Section 17-27a-102, Certification of petition to county legislative body.
12        Section 17-27a-103, Incorporation proceedings suspended -- Removal of area under
13     annexation or municipal incorporation petition from proposed township -- Exclusion of area
14     under annexation petition.
15        Section 17-27a-104, Election to determine township status.
16        Section 17-27a-105, Township planning and zoning board.




Legislative Review Note
    as of 2-19-97 1:22 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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