S.B. 52

1

MUNICIPAL ANNEXATION IN COUNTIES OF
2 THE FIRST CLASS
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: R. Mont Evans
6 AN ACT RELATING TO CITIES AND TOWNS; MODIFYING THE RESTRICTIONS ON THE
7 CONTENTS OF A REQUEST FOR FEASIBILITY STUDY AND OF AN ANNEXATION
8 PETITION; MODIFYING MUNICIPAL ANNEXATION PROVISIONS; ALLOWING
9 MUNICIPAL ANNEXATIONS IN FIRST-CLASS COUNTIES BY AGREEMENT WITH THE
10 COUNTY, SUBJECT TO VOTER APPROVAL; PROVIDING A PROCESS FOR AN
11 ANNEXATION BY AGREEMENT; AND MAKING TECHNICAL CORRECTIONS.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 10-2-103, as last amended by Chapter 13, Laws of Utah 1998
15 10-2-402, as repealed and reenacted by Chapter 389, Laws of Utah 1997
16 10-2-403, as last amended by Chapter 3, Laws of Utah 1997, Second Special Session
17 17B-2-204, as enacted by Chapter 368, Laws of Utah 1998
18 ENACTS:
19 10-2-418.5, Utah Code Annotated 1953
20 10-2-418.6, Utah Code Annotated 1953
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 10-2-103 is amended to read:
23 10-2-103. Request for feasibility study -- Requirements -- Limitations.
24 (1) The process to incorporate a contiguous area of a county as a city is initiated by a
25 request for a feasibility study filed with the clerk of the county in which the area is located.
26 (2) Each request under Subsection (1) shall:
27 (a) be signed by the owners of private real property that:

28 (i) is located within the area proposed to be incorporated;
29 (ii) covers at least 10% of the total private land area within the area; and
30 (iii) is equal in value to at least 7% of the value of all private real property within the area;
31 (b) indicate the typed or printed name and current residence address of each owner signing
32 the request;
33 (c) describe the contiguous area proposed to be incorporated as a city;
34 (d) designate up to five signers of the request as sponsors, one of whom shall be designated
35 as the contact sponsor, with the mailing address and telephone number of each;
36 (e) be accompanied by and circulated with an accurate map or plat, prepared by a licensed
37 surveyor, showing the boundaries of the proposed city; and
38 (f) request the county legislative body to commission a study to determine the feasibility
39 of incorporating the area as a city.
40 (3) A request for a feasibility study under this section may not describe an area that
41 includes some or all of an area that is the subject of a completed feasibility study or supplemental
42 feasibility study whose results comply with Subsection 10-2-109 (3) unless:
43 (a) the proposed incorporation that is the subject of the completed feasibility study or
44 supplemental feasibility study has been defeated by the voters at an election under Section
45 10-2-111 ; or
46 (b) the time provided under Subsection 10-2-109 (1) for filing an incorporation petition
47 based on the completed feasibility study or supplemental feasibility study has elapsed without the
48 filing of a petition.
49 (4) A request under this section may not describe an area that includes some or all of an
50 area proposed for annexation:
51 (a) in an annexation petition under Section 10-2-403 that:
52 [(a)] (i) was filed before the filing of the request; and
53 [(b)] (ii) is still pending on the date the request is filed[.]; or
54 (b) in an agreement between the county and the proposed annexing municipality under
55 Subsection 10-2-418.5 (2)(a)(i) unless the proposed annexation is rejected by voters at an election
56 under Subsection 10-2-418.5 (2)(a)(ii).
57 (5) (a) At the time of filing the request for a feasibility study with the county clerk, the
58 sponsors of the request shall mail or deliver a copy of the request to the chair of the planning

59 commission of each township in which any part of the area proposed for incorporation is located.
60 (b) (i) Except as provided in Subsection (5)(b)(ii), the sponsors of each request for a
61 feasibility study filed under Subsection (1) before July 17, 1997, shall, no later than July 27, 1997,
62 deliver or mail a copy of the request to the planning commission of each township in which any
63 part of the area proposed for incorporation is located.
64 (ii) Subsection (5)(b)(i) does not apply if the feasibility consultant has completed the
65 feasibility study before July 17, 1997.
66 Section 2. Section 10-2-402 is amended to read:
67 10-2-402. Annexation -- Limitations.
68 (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
69 annexed to the municipality as provided in this part.
70 (b) An unincorporated area may not be annexed to a municipality unless:
71 (i) it is a contiguous area;
72 (ii) it is contiguous to the municipality; and
73 (iii) except as provided in Subsection 10-2-418 (1)(b), annexation will not leave or create
74 an unincorporated island or peninsula.
75 (2) Except as provided in [Section] Sections 10-2-418 and 10-2-418.5 , a municipality may
76 not annex an unincorporated area unless a petition under Section 10-2-403 is filed requesting
77 annexation.
78 Section 3. Section 10-2-403 is amended to read:
79 10-2-403. Annexation petition -- Requirements.
80 (1) Except as provided in [Section] Sections 10-2-418 and 10-2-418.5 , the process to
81 annex an unincorporated area to a municipality is initiated by a petition as provided in this section.
82 (2) Each petition under Subsection (1) shall:
83 (a) be filed with the city recorder or town clerk, as the case may be, of the proposed
84 annexing municipality;
85 (b) contain the signatures of the owners of private real property that:
86 (i) is located within the area proposed for annexation;
87 (ii) covers a majority of the private land area within the area proposed for annexation; and
88 (iii) is equal in value to at least 1/3 of the value of all private real property within the area
89 proposed for annexation;

90 (c) be accompanied by an accurate plat or map, prepared by a licensed surveyor, of the area
91 proposed for annexation; and
92 (d) designate up to five of the signers of the petition as sponsors, one of whom shall be
93 designated as the contact sponsor, and indicate the mailing address of each sponsor.
94 (3) A petition under Subsection (1) may not propose the annexation of all or part of an area
95 proposed for annexation to a municipality:
96 (a) in a previously filed petition that has not been denied, rejected, or granted; or
97 (b) in an agreement between the county and the proposed annexing municipality under
98 Subsection 10-2-418.5 (2)(a)(i) unless the proposed annexation is rejected by voters at an election
99 under Subsection 10-2-418.5 (2)(a)(ii).
100 (4) A petition under Subsection (1) may not propose the annexation of an area that
101 includes some or all of an area proposed to be incorporated in a request for a feasibility study under
102 Section 10-2-103 or a petition under Section 10-2-125 if:
103 (a) the request or petition was filed before the filing of the annexation petition; and
104 (b) the request, a petition under Section 10-2-109 based on that request, or a petition under
105 Section 10-2-125 is still pending on the date the annexation petition is filed.
106 (5) If practicable and feasible, the boundaries of an area proposed for annexation shall be
107 drawn along the boundaries of existing special districts for sewer, water, and other services, along
108 the boundaries of school districts whose boundaries follow city boundaries or school districts
109 adjacent to school districts whose boundaries follow city boundaries, and along the boundaries of
110 other taxing entities:
111 (a) to eliminate islands and peninsulas of territory that is not receiving municipal-type
112 services;
113 (b) to facilitate the consolidation of overlapping functions of local government;
114 (c) to promote the efficient delivery of services; and
115 (d) to encourage the equitable distribution of community resources and obligations.
116 (6) On the date of filing, the petition sponsors shall deliver or mail a copy of the petition
117 to:
118 (a) the clerk of the county in which the area proposed for annexation is located; and
119 (b) the chair of the planning commission of each township in which any part of the area
120 proposed for annexation is located.

121 Section 4. Section 10-2-418.5 is enacted to read:
122 10-2-418.5. Annexation by agreement -- Voter approval required -- No protest or
123 boundary commission review -- Multiple annexations in single agreement.
124 (1) For purposes of this section, "unincorporated" does not include an area of the county
125 that is the subject of a pending proceeding to incorporate as a municipality under:
126 (a) a request for feasibility study under Section 10-2-103 that has been certified under
127 Section 10-2-105 ; or
128 (b) an incorporation petition under Section 10-2-109 that has been certified under Section
129 10-2-110 .
130 (2) (a) Notwithstanding Subsection 10-2-402 (2), a municipality in a county of the first
131 class may, by ordinance, annex an unincorporated area within a county of the first class under this
132 section without an annexation petition if, prior to the adoption of the annexation ordinance:
133 (i) the county in which the area is located and the annexing municipality enter into an
134 agreement approving the annexation; and
135 (ii) the annexation is approved by voters of the area proposed to be annexed at an election
136 held after the adoption of the agreement.
137 (b) In the process of negotiating an agreement under Subsection (2)(a)(i), the county and
138 proposed annexing municipality shall consider and discuss:
139 (i) the proposed annexation's effect on county employees and the possibility of transferring
140 county employees to the municipality as the county's need for personnel to provide services
141 diminishes and as the municipality's need increases; and
142 (ii) the proposed annexation's impact on independent special districts that provide
143 municipal-type services to the area proposed to be annexed.
144 (c) Subsection 10-2-403 (5) applies to each agreement under Subsection (2)(a)(i).
145 (3) An annexation under this section is not subject to protest under Section 10-2-407 or
146 to boundary commission review.
147 (4) Each election under Subsection (2)(a)(ii) shall be held by the county legislative body
148 at a special election date under Section 20A-1-204 .
149 (5) Multiple annexations may be approved by a county and multiple municipalities within
150 the county in a single agreement under Subsection (2)(a)(i).
151 (6) All expenses of an election under Subsection (2)(a)(ii) shall be shared equally between

152 the county in which the area proposed to be annexed is located and the proposed annexing
153 municipality.
154 (7) An agreement under Subsection (2)(a)(i):
155 (a) may include provisions for:
156 (i) the orderly transfer of responsibility after annexation for providing municipal-type
157 services from the county to the annexing municipality;
158 (ii) the orderly transfer from the county to the annexing municipality of:
159 (A) with or without consideration, real and personal property and facilities; and
160 (B) personnel; and
161 (iii) any financial or administrative arrangements between the county and municipality to
162 facilitate the transfer of the area being annexed from the county to the municipality; and
163 (b) shall identify the municipal-type services in the area proposed to be annexed that will
164 continue to be provided by existing special districts.
165 Section 5. Section 10-2-418.6 is enacted to read:
166 10-2-418.6. Notice to owner of more than 1% of property -- Exclusion of property
167 from proposed annexation.
168 (1) Within seven calendar days of the date on which an agreement to annex is entered into
169 under Section 10-2-418.5 , the clerk of the county that entered into the agreement shall notify in
170 writing of the proposed annexation each owner of real property owning more than 1% of the
171 assessed value of all property in the proposed annexation boundaries.
172 (2) (a) A property owner within the boundaries of a proposed annexation owning more
173 than 1% of the assessed value of all property in the proposed annexation boundaries, may exclude
174 all or part of the property owner's property from the proposed annexation by filing a Notice of
175 Exclusion within ten calendar days after receiving the clerk's notice under Subsection (1).
176 (b) The county legislative body and the legislative body of the proposed annexing
177 municipality shall exclude the property identified in the Notice of Exclusion from the proposed
178 annexation only if:
179 (i) the property is currently nonurban;
180 (ii) the property does not or will not require municipal provision of municipal-type
181 services including:
182 (A) culinary or irrigation water;

183 (B) sewage collection or treatment;
184 (C) storm drainage or flood control;
185 (D) recreational facilities or parks;
186 (E) electric generation or transportation;
187 (F) construction or maintenance of local streets and roads;
188 (G) curb and gutter or sidewalk maintenance;
189 (H) garbage and refuse collection; and
190 (I) street lighting; and
191 (iii) exclusion will not leave an unincorporated island in the proposed annexing
192 municipality.
193 Section 6. Section 17B-2-204 is amended to read:
194 17B-2-204. Request for service required before filing of petition -- Request
195 requirements.
196 (1) A petition may not be filed until after:
197 (a) a request has been filed with:
198 (i) the clerk of each county in whose unincorporated area any part of the proposed local
199 district is located; and
200 (ii) the clerk or recorder of each municipality in which any part of the proposed local
201 district is located; and
202 (b) each county and municipality with which a request under Subsection (1)(a) is filed:
203 (i) has adopted a resolution under Subsection 17B-2-212 (1) indicating whether it will
204 provide the requested service; or
205 (ii) is considered to have declined to provide the requested service under Subsection
206 17B-2-212 (2) or (3).
207 (2) Each request under Subsection (1)(a) shall:
208 (a) ask the county or municipality to provide the service proposed to be provided by the
209 proposed local district within the applicable area; and
210 (b) be signed by:
211 (i) the owners of private real property that:
212 (A) is located within the proposed local district;
213 (B) covers at least 10% of the total private land area within the applicable area; and

214 (C) is equal in value to at least 7% of the value of all private real property within the
215 applicable area; or
216 (ii) registered voters residing within the applicable area equal in number to at least 10%
217 of the number of votes cast in the applicable area for the office of governor at the last general
218 election prior to the filing of the request.
219 (3) For purposes of Subsections (1) and (2), an area outside a municipality shall be
220 considered to be part of that municipality if the area is proposed to be annexed to [a] the
221 municipality in:
222 (a) a petition under Section 10-2-403 filed before and still pending at the time of filing of
223 a petition [shall be considered to be part of that municipality]; or
224 (b) an agreement under Subsection 10-2-418.5 (2)(a)(i):
225 (i) that was entered into no more than nine months before the filing of a petition; and
226 (ii) whose proposed annexation has not been the subject of an election under Subsection
227 10-2-418.5 (2)(a)(ii).




Legislative Review Note
as of 2-10-99 8:05 AM

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

Office of Legislative Research and General Counsel