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