H.B. 93

1

MUNICIPAL ANNEXATION AMENDMENTS
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Darin G. Peterson
5 This act modifies the Utah Municipal Code by amending the time in which a municipality
6 must act on an annexation petition.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 10-2-405, as last amended by Chapter 206, Laws of Utah 2001
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 10-2-405 is amended to read:
12 10-2-405. Acceptance or rejection of an annexation petition -- Modified petition.
13 (1) (a) (i) (A) A municipal legislative body may:
14 (I) except as provided in Subsection (1)(b) and subject to Subsection (1)(a)(i)(B), deny a
15 petition filed under Section 10-2-403 ; or
16 (II) accept the petition for further consideration under this part.
17 (B) A [municipal legislative body's failure to act to deny or accept a] petition shall be
18 considered to have been accepted for further consideration under this part if a municipal legislative
19 body fails to act to deny or accept the petition under Subsection (1)(a)(i)(A):
20 (I) in the case of a city of the first or second class, within 14 days after the filing of the
21 petition [shall be considered to be an acceptance of the petition for further consideration under this
22 part]; or
23 (II) in the case of a city of the third class or a town, at the next regularly scheduled meeting
24 of the municipal legislative body that is at least 14 days after the date the petition was filed.
25 (ii) If a municipal legislative body denies a petition under Subsection (1)(a)(i)(A), it shall,
26 within five days of the denial, mail written notice of the denial to the contact sponsor, the clerk of
27 the county in which the area proposed for annexation is located, and the chair of the planning

28 commission of each township in which any part of the area proposed for annexation is located.
29 (b) A municipal legislative body may not deny a petition filed under Section 10-2-403
30 proposing to annex an area located in a county of the first class if:
31 (i) the petition contains the signatures of the owners of private real property that:
32 (A) is located within the area proposed for annexation;
33 (B) covers a majority of the private land area within the area proposed for annexation; and
34 (C) is equal in value to at least 1/2 of the value of all private real property within the area
35 proposed for annexation;
36 (ii) the population in the area proposed for annexation does not exceed 10% of the
37 population of the proposed annexing municipality;
38 (iii) the property tax rate for municipal services in the area proposed to be annexed is
39 higher than the property tax rate of the proposed annexing municipality; and
40 (iv) all annexations by the proposed annexing municipality during the year that the petition
41 was filed have not increased the municipality's population by more than 20%.
42 (2) If the municipal legislative body accepts a petition under Subsection (1)(a)(i) (A) or
43 is considered to have accepted the petition under Subsection (1)(a)(i)(B), the city recorder or town
44 clerk, as the case may be, shall, within 30 days of that acceptance:
45 (a) with the assistance of the municipal attorney and of the clerk, surveyor, and recorder
46 of the county in which the area proposed for annexation is located, determine whether the petition
47 meets the requirements of Subsections 10-2-403 (2), (3), and (4); and
48 (b) (i) if the city recorder or town clerk determines that the petition meets those
49 requirements, certify the petition and mail or deliver written notification of the certification to the
50 municipal legislative body, the contact sponsor, the county legislative body, and the chair of the
51 planning commission of each township in which any part of the area proposed for annexation is
52 located; or
53 (ii) if the city recorder or town clerk determines that the petition fails to meet any of those
54 requirements, reject the petition and mail or deliver written notification of the rejection and the
55 reasons for the rejection to the municipal legislative body, the contact sponsor, the county
56 legislative body, and the chair of the planning commission of each township in which any part of
57 the area proposed for annexation is located.
58 (3) (a) (i) If the city recorder or town clerk rejects a petition under Subsection (2)(b)(ii),

59 the petition may be modified to correct the deficiencies for which it was rejected and then refiled
60 with the city recorder or town clerk, as the case may be.
61 (ii) A signature on an annexation petition filed under Section 10-2-403 may be used
62 toward fulfilling the signature requirement of Subsection 10-2-403 (2)(b) for the petition as
63 modified under Subsection (3)(a)(i).
64 (b) If a petition is refiled under Subsection (3)(a) after having been rejected by the city
65 recorder or town clerk under Subsection (2)(b)(ii), the refiled petition shall be treated as a newly
66 filed petition under Subsection 10-2-403 (1).
67 (4) Each county clerk, surveyor, and recorder shall cooperate with and assist a city recorder
68 or town clerk in the determination under Subsection (2)(a).




Legislative Review Note
as of 12-17-01 9:51 AM

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

Office of Legislative Research and General Counsel