First Substitute H.B. 49

Representative Bradley T. Johnson proposes to substitute the following bill:

1 COUNTY BOUNDARY CHANGES
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bradley T. Johnson
5 AN ACT RELATING TO COUNTIES; MODIFYING THE PROCEDURE FOR ANNEXING
6 PART OF A COUNTY TO AN ADJOINING COUNTY; PROVIDING AN ALTERNATE
7 PROCEDURE FOR ANNEXING PART OF A COUNTY TO AN ADJOINING COUNTY;
8 CLARIFYING THE VOTE REQUIRED TO APPROVE AN ANNEXATION; PROVIDING FOR
9 AN ECONOMIC ANALYSIS; MAKING TECHNICAL CHANGES; AND PROVIDING AN
10 EFFECTIVE DATE.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 17-2-6, as last amended by Chapter 263, Laws of Utah 1996
14 17-2-8, as last amended by Chapter 263, Laws of Utah 1996
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 17-2-6 is amended to read:
17 17-2-6. Annexation of portion of county to adjoining county -- Petition -- Alternate
18 annexation procedure -- Election -- Ballots.
19 (1) (a) Except as provided in Subsection (2), whenever a majority of the legal voters of
20 any portion of any county, in number equal to a majority of the votes cast at the preceding general
21 election within that portion of the county, desire to have the territory within which they reside
22 included within the boundaries of an adjoining county they may petition the county legislative
23 body of the county in which they reside, which is hereafter referred to as the county from which
24 territory is to be taken, as well as the county legislative body of the county to which they desire
25 to be annexed, which is referred to as the annexing county.

26 (b) Such petition must be presented before the first Monday in June of a year during which
27 a general election is held, and the county legislative body must cause such proposition to be
28 submitted to the legal voters residing in the county from which territory is to be taken as well as
29 to the legal voters of the annexing county at the ensuing general election.
30 [(2) (a) Notwithstanding Subsection (1), Subsection (2) applies to each petition seeking
31 annexation of a contiguous portion of one county to an adjoining county if the area proposed for
32 annexation is:]
33 [(i) located within an incorporated municipality that:]
34 [(A) extends into the annexing county; and]
35 [(B) is divided by a county line that was originally defined by a stream, river, or body of
36 water; and]
37 [(ii) contiguous to the portion of the municipality located within the annexing county.]
38 [(b) A petition seeking annexation as provided in Subsection (2)(a) shall:]
39 [(i) contain the legal signatures of registered voters within the area proposed for
40 annexation equal in number to over 50% of the votes cast at the preceding general election within
41 that area; and]
42 [(ii) be filed with the legislative body of the annexing county before the first Monday in
43 June of a year during which a regular general election is held.]
44 [(c) At the time of filing the petition, petitioners shall deliver a copy of it to the legislative
45 body of the county in which the area proposed for annexation is located. (d) The]
46 (2) (a) As an alternative to the procedure under Subsection (1), a portion of a county may
47 be annexed to an adjoining county with which the area proposed to be annexed shares a common
48 boundary if:
49 (i) the area proposed to be annexed:
50 (A) is located within a city or town whose boundaries extend into the proposed annexing
51 county;
52 (B) is contiguous to the portion of the city or town that is located within the proposed
53 annexing county; and
54 (C) includes all of the city or town that is within the county from which the area is
55 proposed to be taken;
56 (ii) by a two-thirds vote of each house, the Legislature passes a concurrent resolution:

57 (A) describing the area proposed to be annexed;
58 (B) identifying the county to which the area is proposed to be annexed; and
59 (C) approving the annexation;
60 (iii) the governor signs the concurrent resolution passed by the Legislature; and
61 (iv) after the completion of an economic analysis under Subsection (2)(b) that meets the
62 requirements of Subsection (2)(b)(iii)(C), the annexation is approved by:
63 (A) a majority of the voters living in the area proposed to be annexed; and
64 (B) a majority of the voters living in the proposed annexing county.
65 (b) (i) (A) If the Legislature passes and the governor signs a concurrent resolution as
66 provided in Subsection (2)(a), the legislative body of the county in which the area proposed to be
67 annexed is located and the legislative body of the proposed annexing county shall, within 30 days
68 after the governor signs the concurrent resolution, select and engage an independent consultant to
69 perform an economic analysis of the proposed annexation.
70 (B) If the county legislative bodies are unable to agree upon an independent consultant
71 within the required time under Subsection (2)(b)(i)(A), the Utah Association of Counties shall,
72 within ten days, select an independent consultant and the county legislative bodies shall, within
73 ten days after notification of the selection, engage the consultant selected by the Utah Association
74 of Counties.
75 (C) The county in which the area proposed for annexation is located and the proposed
76 annexing county shall equally share the fees and expenses of the independent consultant.
77 (ii) The legislative body of the county in which the area proposed to be annexed is located
78 and the legislative body of the proposed annexing county shall require the consultant selected and
79 engaged under Subsection (2)(b)(i) to:
80 (A) conduct an economic analysis of the proposed annexation that shall consider:
81 (I) the fiscal impact of the proposed annexation on the county from which the annexation
82 area is proposed to be taken;
83 (II) the present and five-year projections of the cost of county services in the area proposed
84 to be annexed;
85 (III) the present and five-year projected revenues to the proposed annexing county from
86 the area proposed to be annexed;
87 (IV) the projected impact the annexation will have during the five years after annexation

88 on the amount of taxes that will be paid by property owners within the area proposed to be
89 annexed, the proposed annexing county, and the remaining portion of the county from which the
90 annexation area is proposed to be taken; and
91 (V) the effect on each school district whose boundaries include part or all of the area
92 proposed to be annexed or the proposed annexing county;
93 (B) provide a written report setting forth the economic analysis; and
94 (C) complete the economic analysis and written report and provide a copy of the written
95 report to the county legislative bodies no later than 60 days after being engaged to perform the
96 economic analysis.
97 (iii) (A) If the results of the economic analysis show that the average annual amount of
98 revenues under Subsection (2)(b)(ii)(A)(III) exceeds the average annual amount of costs under
99 Subsection (2)(b)(ii)(A)(II) by more than 5%, an election on the annexation issue may not be held
100 under Subsection (2)(c) and the proposed annexation may not occur.
101 (B) (I) If the results of the economic analysis show that the average annual amount of costs
102 under Subsection (2)(b)(ii)(A)(II) exceeds the average annual amount of revenues under
103 Subsection (2)(b)(ii)(A)(III) by more than 5%, the legislative body of the proposed annexing
104 county may terminate the annexation proceedings by adopting a resolution to that effect and
105 delivering a copy of the resolution to the legislative body of the county in which the area proposed
106 to be annexed is located.
107 (II) A resolution terminating annexation proceedings under Subsection (2)(b)(iii)(B)(I)
108 may not be adopted more than 30 days after the consultant submits a written report of the
109 economic analysis under Subsection (2)(b)(ii)(C).
110 (C) (I) If the results of the economic analysis show that the average annual amount of
111 revenues under Subsection (2)(b)(ii)(A)(III) does not exceed the average annual amount of costs
112 under Subsection (2)(b)(ii)(A)(II) by more than 5% and a resolution terminating the annexation
113 proceedings under Subsection (2)(b)(iii)(B) has not been adopted, the legislative body of the
114 county in which the area proposed for annexation is located and the legislative body of the
115 annexing county shall submit the question of annexation to the voters of the area proposed for
116 annexation and the voters of the annexing county, respectively, at the next regular general election
117 that is more than 210 days after the governor signs the concurrent resolution.
118 (II) Before an election is held under Subsection (2)(b)(iii)(C)(I), the legislative body of the

119 county in which the area proposed to be annexed is located and the legislative body of the
120 proposed annexing county shall publicly distribute in their respective counties the results of the
121 economic analysis.
122 [(e)] (c) If annexation occurs:
123 (i) the annexing county shall:
124 (A) pay all costs of the annexation election;
125 (B) with the cooperation and assistance of the legislative body and recorder's office of the
126 county in which the annexed area was located before annexation, establish and implement a
127 procedure for establishing in the recorder's office of the annexing county an appropriate record of
128 the real property located in the annexed area; and
129 (C) pay all costs associated with the establishment and implementation of the procedure
130 provided in Subsection (2)[(e)](c)(i)(B), including the reasonable costs incurred by the county in
131 which the annexed area was located before annexation in fulfilling its duties under Subsection
132 (2)[(e)](c)(ii)(A);
133 (ii) the legislative body and recorder's office of the county in which the annexed area was
134 located before annexation:
135 (A) shall cooperate with and assist the annexing county in establishing and implementing
136 the procedure as provided in Subsection (2)[(e)](c)(i)(B); and
137 (B) may not charge the annexing county, for documents or services the recorder's office
138 provides the annexing county in implementing the procedure provided in Subsection
139 (2)[(e)](c)(i)(B), more than the regular fee the recorder's office ordinarily charges the general
140 public for similar documents or services;
141 (iii) as tax revenues are collected from the annexed area, the annexing county shall pay to
142 the county in which the annexed area was located before annexation the amounts the latter would
143 have received without annexation from tax revenues from the annexed area for the area's
144 proportionate share of the liability for general obligation and revenue bonds issued before
145 annexation by the county in which the annexed area was located before annexation; and
146 (iv) [any petition filed within 20 years thereafter proposing annexation of] the [same]
147 annexed area may not be annexed to the county in which the area was located before annexation
148 [is invalid] for a period of 20 years after annexation.
149 (3) (a) Except as otherwise provided, the election provided in either Subsection (1) or (2)

150 shall be held, the results canvassed, and returns made under the provisions of the general election
151 laws of the state.
152 (b) The ballot to be used shall be:
153 For annexing a portion of ____ county to ____ county.
154 Against annexing a portion of ____ county to ____ county.
155 Section 2. Section 17-2-8 is amended to read:
156 17-2-8. Certification of election result to governor.
157 (1) The certified abstract of such returns shall be filed in the office of the lieutenant
158 governor.
159 (2) (a) In an election held under Subsection 17-2-6 (1), if it appears from the certified
160 abstract that a majority of those voting in each county have voted in favor of such annexation, the
161 lieutenant governor shall certify the result of such vote to the governor.
162 (b) In an election held under Subsection 17-2-6 (2), the lieutenant governor shall certify
163 the result of that vote to the governor if it appears from the certified abstract that:
164 (i) a majority of [those voting] voters living in the area proposed for annexation have voted
165 in favor of annexation; and
166 (ii) a majority of [those voting] voters living in the county to which the area is proposed
167 to be annexed have voted in favor of annexation.
168 Section 3. Effective date.
169 If approved by two-thirds of all the members elected to each house, this act takes effect
170 upon approval by the governor, or the day following the constitutional time limit of Utah
171 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
172 date of veto override.