S.B. 97

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 11, 2003 at 11:07 AM by kholt. --> 1

COUNTY ANNEXATION AMENDMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Carlene M. Walker
5 This act modifies provisions relating to Counties. The act repeals an alternate procedure
6 for annexing part of one county to another and makes technical and conforming changes.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 17-2-6, as last amended by Chapter 294, Laws of Utah 2002
10 17-2-7, as last amended by Chapter 263, Laws of Utah 1996
11 17-2-8, as last amended by Chapter 14, Laws of Utah 2000
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 17-2-6 is amended to read:
14 17-2-6. Annexation of portion of county to adjoining county -- Petition --
15 Alternate annexation procedure -- Election -- Ballots.
16 (1) (a) Except as provided [in Subsection (2) and] in Section 17-2-13 , whenever a
17 majority of the legal voters of any portion of any county, in number equal to a majority of the
18 votes cast at the preceding general election within that portion of the county, desire to have the
19 territory within which they reside included within the boundaries of an adjoining county they
20 may petition the county legislative body of the county in which they reside, which is hereafter
21 referred to as the county from which territory is to be taken, as well as the county legislative
22 body of the county to which they desire to be annexed, which is referred to as the annexing
23 county.
24 (b) Such petition must be presented before the first Monday in June of a year during
25 which a general election is held, and the county legislative body must cause such proposition to
26 be submitted to the legal voters residing in the county from which territory is to be taken as
27 well as to the legal voters of the annexing county at the ensuing general election.

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- 2 - 28 [(2) (a) As an alternative to the procedure under Subsection (1), a portion of a county
29 may be annexed to an adjoining county with which the area proposed to be annexed shares a
30 common boundary if:]
31 [(i) the area proposed to be annexed:]
32 [(A) is located within a city or town whose boundaries extend into the proposed
33 annexing county;]
34 [(B) is contiguous to the portion of the city or town that is located within the proposed
35 annexing county; and]
36 [(C) includes all of the city or town that is within the county from which the area is
37 proposed to be taken;]
38 [(ii) by a two-thirds vote of each house, the Legislature passes a concurrent resolution:]
39 [(A) describing the area proposed to be annexed;]
40 [(B) identifying the county to which the area is proposed to be annexed; and]
41 [(C) approving the annexation;]
42 [(iii) the governor signs the concurrent resolution passed by the Legislature; and]
43 [(iv) after the completion of an economic analysis under Subsection (2)(b) that meets
44 the requirements of Subsection (2)(b)(iii)(C), the annexation is approved by:]
45 [(A) a majority of the voters living in the area proposed to be annexed; and]
46 [(B) a majority of the voters living in the proposed annexing county.]
47 [(b) (i) (A) If the Legislature passes and the governor signs a concurrent resolution as
48 provided in Subsection (2)(a), the legislative body of the county in which the area proposed to
49 be annexed is located and the legislative body of the proposed annexing county shall, within 30
50 days after the governor signs the concurrent resolution, select and engage an independent
51 consultant to perform an economic analysis of the proposed annexation.]
52 [(B) If the county legislative bodies are unable to agree upon an independent consultant
53 within the required time under Subsection (2)(b)(i)(A), the Utah Association of Counties shall,
54 within ten days, select an independent consultant and the county legislative bodies shall, within
55 ten days after notification of the selection, engage the consultant selected by the Utah
56 Association of Counties.]
57 [(C) The county in which the area proposed for annexation is located and the proposed
58 annexing county shall equally share the fees and expenses of the independent consultant.]

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- 3 - 59 [(ii) The legislative body of the county in which the area proposed to be annexed is
60 located and the legislative body of the proposed annexing county shall require the consultant
61 selected and engaged under Subsection (2)(b)(i) to:]
62 [(A) conduct an economic analysis of the proposed annexation that shall consider:]
63 [(I) the fiscal impact of the proposed annexation on the county from which the
64 annexation area is proposed to be taken;]
65 [(II) the present and five-year projections of the cost of county services in the area
66 proposed to be annexed;]
67 [(III) the present and five-year projected revenues to the proposed annexing county
68 from the area proposed to be annexed;]
69 [(IV) the projected impact the annexation will have during the five years after
70 annexation on the amount of taxes that will be paid by property owners within the area
71 proposed to be annexed, the proposed annexing county, and the remaining portion of the
72 county from which the annexation area is proposed to be taken; and]
73 [(V) the effect on each school district whose boundaries include part or all of the area
74 proposed to be annexed or the proposed annexing county;]
75 [(B) provide a written report setting forth the economic analysis; and]
76 [(C) complete the economic analysis and written report and provide a copy of the
77 written report to the county legislative bodies no later than 60 days after being engaged to
78 perform the economic analysis.]
79 [(iii) (A) If the results of the economic analysis show that the average annual amount of
80 revenues under Subsection (2)(b)(ii)(A)(III) exceeds the average annual amount of costs under
81 Subsection (2)(b)(ii)(A)(II) by more than 5%, an election on the annexation issue may not be
82 held under Subsection (2)(c) and the proposed annexation may not occur.]
83 [(B) (I) If the results of the economic analysis show that the average annual amount of
84 costs under Subsection (2)(b)(ii)(A)(II) exceeds the average annual amount of revenues under
85 Subsection (2)(b)(ii)(A)(III) by more than 5%, the legislative body of the proposed annexing
86 county may terminate the annexation proceedings by adopting a resolution to that effect and
87 delivering a copy of the resolution to the legislative body of the county in which the area
88 proposed to be annexed is located.]
89 [(II) A resolution terminating annexation proceedings under Subsection (2)(b)(iii)(B)(I)

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- 4 - 90 may not be adopted more than 30 days after the consultant submits a written report of the
91 economic analysis under Subsection (2)(b)(ii)(C).]
92 [(C) (I) If the results of the economic analysis show that the average annual amount of
93 revenues under Subsection (2)(b)(ii)(A)(III) does not exceed the average annual amount of
94 costs under Subsection (2)(b)(ii)(A)(II) by more than 5% and a resolution terminating the
95 annexation proceedings under Subsection (2)(b)(iii)(B) has not been adopted, the legislative
96 body of the county in which the area proposed for annexation is located and the legislative
97 body of the annexing county shall submit the question of annexation to the voters of the area
98 proposed for annexation and the voters of the annexing county, respectively, at the next regular
99 general election that is more than 210 days after the governor signs the concurrent resolution.]
100 [(II) Before an election is held under Subsection (2)(b)(iii)(C)(I), the legislative body of
101 the county in which the area proposed to be annexed is located and the legislative body of the
102 proposed annexing county shall publicly distribute in their respective counties the results of the
103 economic analysis.]
104 [(c) If annexation occurs:]
105 [(i) the annexing county shall:]
106 [(A) pay all costs of the annexation election;]
107 [(B) with the cooperation and assistance of the legislative body and recorder's office of
108 the county in which the annexed area was located before annexation, establish and implement a
109 procedure for establishing in the recorder's office of the annexing county an appropriate record
110 of the real property located in the annexed area; and]
111 [(C) pay all costs associated with the establishment and implementation of the
112 procedure provided in Subsection (2)(c)(i)(B), including the reasonable costs incurred by the
113 county in which the annexed area was located before annexation in fulfilling its duties under
114 Subsection (2)(c)(ii)(A);]
115 [(ii) the legislative body and recorder's office of the county in which the annexed area
116 was located before annexation:]
117 [(A) shall cooperate with and assist the annexing county in establishing and
118 implementing the procedure as provided in Subsection (2)(c)(i)(B); and]
119 [(B) may not charge the annexing county, for documents or services the recorder's
120 office provides the annexing county in implementing the procedure provided in Subsection

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House Committee Amendments 2-11-2003 kh/rhr 121

(2)(c)(i)(B), more than the regular fee the recorder's office ordinarily charges the general public
122 for similar documents or services;]
123 [(iii) as tax revenues are collected from the annexed area, the annexing county shall
124 pay to the county in which the annexed area was located before annexation the amounts the
125 latter would have received without annexation from tax revenues from the annexed area for the
126 area's proportionate share of the liability for general obligation and revenue bonds issued
127 before annexation by the county in which the annexed area was located before annexation; and]
128 [(iv) the annexed area may not be annexed to the county in which the area was located
129 before annexation for a period of 20 years after annexation.]
130 [(3)] (2) (a) Except as otherwise provided, the election provided in [either] Subsection
131 (1) [or (2)] shall be held, the results canvassed, and returns made under the provisions of the
132 general election laws of the state.
133 (b) The ballot to be used shall be:
134 For annexing a portion of ____ county to ____ county.
135 Against annexing a portion of ____ county to ____ county.
136 Section 2. Section 17-2-7 is amended to read:
137 17-2-7. Election returns transmitted to lieutenant governor.
138 As soon as the returns of the vote upon the proposition under [either] Subsection
139 17-2-6 (1) [or 17-2-6 (2)] have been canvassed by the county boards of canvassers, each county
140 clerk [must] shall make a certified abstract [thereof] of the returns, endorse it "election
141 returns," and without delay transmit it by registered mail to the lieutenant governor.
142 Section 3. Section 17-2-8 is amended to read:
143 17-2-8. Certification of election result to governor.
144 (1) The certified abstract [of such returns] under Section 17-2-7 shall be filed in the
145 office of the lieutenant governor.
146 (2) [(a)] In an election held under Subsection 17-2-6 (1), if it appears from the certified
147 h [ abstract ] ABSTRACTS h that a majority h IN EACH COUNTY h of those voting h [ in each county ] h 147a have voted in favor of such annexation,
148 the lieutenant governor shall certify the result of such vote to the governor.
149 [(b) In an election held under Subsection 17-2-6 (2), the lieutenant governor shall
150 certify the result of that vote to the governor if it appears from the certified abstract that:]
151 [(i) a majority of voters living in the area proposed for annexation have voted in favor

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- 6 - 152 of annexation; and]
153 [(ii) a majority of voters living in the county to which the area is proposed to be
154 annexed have voted in favor of annexation.]

Legislative Review Note
as of 11-25-02 11:39 AM

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

Office of Legislative Research and General Counsel