H.B. 226

1

COUNTY ANNEXATION AMENDMENTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bradley T. Johnson
5 AN ACT RELATING TO COUNTIES; AMENDING THE CRITERIA FOR COUNTY
6 ANNEXATIONS OF TERRITORY WITHIN A MUNICIPALITY THAT CROSSES COUNTY
7 BOUNDARIES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 17-2-6, as last amended by Chapter 263, Laws of Utah 1996
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 17-2-6 is amended to read:
13 17-2-6. Annexation of portion of county to adjoining county -- Petition -- Election
14 -- Ballots.
15 (1) (a) Except as provided in Subsection (2), whenever a majority of the legal voters of
16 any portion of any county, in number equal to a majority of the votes cast at the preceding regular
17 general election within that portion of the county, desire to have the territory within which they
18 reside included within the boundaries of an adjoining county they may petition the county
19 legislative body of the county in which they reside, which is hereafter referred to as the county
20 from which territory is to be taken, as well as the county legislative body of the county to which
21 they desire to be annexed, which is referred to as the annexing county.
22 (b) Such petition must be presented before the first Monday in June of a year during which
23 a regular general election is held, and the county legislative body must cause such proposition to
24 be submitted to the legal voters residing in the county from which territory is to be taken as well
25 as to the legal voters of the annexing county at the ensuing regular general election.
26 (2) (a) Notwithstanding Subsection (1), Subsection (2) applies to each petition seeking
27 annexation of a contiguous portion of one county to an adjoining county if the area proposed for

28 annexation is:
29 (i) located within an incorporated municipality that[: (A)] extends into the annexing
30 county; and
31 [(B) is divided by a county line that was originally defined by a stream, river, or body of
32 water; and]
33 (ii) contiguous to the portion of the municipality located within the annexing county.
34 (b) A petition seeking annexation as provided in Subsection (2)(a) shall:
35 (i) contain the legal signatures of registered voters within the area proposed for annexation
36 equal in number to over 50% of the votes cast at the preceding regular general election within that
37 area; and
38 (ii) be filed with the legislative body of the annexing county before the first Monday in
39 June of a year during which a regular general election is held.
40 (c) At the time of filing the petition, petitioners shall deliver a copy of it to the legislative
41 body of the county in which the area proposed for annexation is located.
42 (d) The legislative body of the county in which the area proposed for annexation is located
43 and the legislative body of the annexing county shall submit the question of annexation to the
44 voters of the area proposed for annexation and the voters of the annexing county, respectively, at
45 the next regular general election.
46 (e) If annexation occurs:
47 (i) the annexing county shall:
48 (A) pay all costs of the annexation election;
49 (B) with the cooperation and assistance of the legislative body and recorder's office of the
50 county in which the annexed area was located before annexation, establish and implement a
51 procedure for establishing in the recorder's office of the annexing county an appropriate record of
52 the real property located in the annexed area; and
53 (C) pay all costs associated with the establishment and implementation of the procedure
54 provided in Subsection (2)(e)(i)(B), including the reasonable costs incurred by the county in which
55 the annexed area was located before annexation in fulfilling its duties under Subsection
56 (2)(e)(ii)(A);
57 (ii) the legislative body and recorder's office of the county in which the annexed area was
58 located before annexation:

59 (A) shall cooperate with and assist the annexing county in establishing and implementing
60 the procedure as provided in Subsection (2)(e)(i)(B); and
61 (B) may not charge the annexing county, for documents or services the recorder's office
62 provides the annexing county in implementing the procedure provided in Subsection (2)(e)(i)(B),
63 more than the regular fee the recorder's office ordinarily charges the general public for similar
64 documents or services;
65 (iii) as tax revenues are collected from the annexed area, the annexing county shall pay to
66 the county in which the annexed area was located before annexation the amounts the latter would
67 have received without annexation from tax revenues from the annexed area for the area's
68 proportionate share of the liability for general obligation and revenue bonds issued before
69 annexation by the county in which the annexed area was located before annexation; and
70 (iv) any petition filed within 20 years thereafter proposing annexation of the same area to
71 the county in which the area was located before annexation is invalid.
72 (3) (a) Except as otherwise provided, the election provided in either Subsection (1) or (2)
73 shall be held, the results canvassed, and returns made under the provisions of the general election
74 laws of the state.
75 (b) The ballot to be used shall be:
76 For annexing a portion of ____ county to ____ county.
77 Against annexing a portion of ____ county to ____ county.




Legislative Review Note
as of 1-8-99 11:27 AM

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

Office of Legislative Research and General Counsel