S.B. 97 Enrolled

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

common boundary if:]
[(i) the area proposed to be annexed:]
[(A) is located within a city or town whose boundaries extend into the proposed
annexing county;]
[(B) is contiguous to the portion of the city or town that is located within the proposed
annexing county; and]
[(C) includes all of the city or town that is within the county from which the area is
proposed to be taken;]
[(ii) by a two-thirds vote of each house, the Legislature passes a concurrent resolution:]
[(A) describing the area proposed to be annexed;]
[(B) identifying the county to which the area is proposed to be annexed; and]
[(C) approving the annexation;]
[(iii) the governor signs the concurrent resolution passed by the Legislature; and]
[(iv) after the completion of an economic analysis under Subsection (2)(b) that meets the
requirements of Subsection (2)(b)(iii)(C), the annexation is approved by:]
[(A) a majority of the voters living in the area proposed to be annexed; and]
[(B) a majority of the voters living in the proposed annexing county.]
[(b) (i) (A) If the Legislature passes and the governor signs a concurrent resolution as
provided in Subsection (2)(a), the legislative body of the county in which the area proposed to be
annexed is located and the legislative body of the proposed annexing county shall, within 30 days
after the governor signs the concurrent resolution, select and engage an independent consultant to
perform an economic analysis of the proposed annexation.]
[(B) If the county legislative bodies are unable to agree upon an independent consultant
within the required time under Subsection (2)(b)(i)(A), the Utah Association of Counties shall,
within ten days, select an independent consultant and the county legislative bodies shall, within
ten days after notification of the selection, engage the consultant selected by the Utah Association
of Counties.]
[(C) The county in which the area proposed for annexation is located and the proposed

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annexing county shall equally share the fees and expenses of the independent consultant.]
[(ii) The legislative body of the county in which the area proposed to be annexed is
located and the legislative body of the proposed annexing county shall require the consultant
selected and engaged under Subsection (2)(b)(i) to:]
[(A) conduct an economic analysis of the proposed annexation that shall consider:]
[(I) the fiscal impact of the proposed annexation on the county from which the
annexation area is proposed to be taken;]
[(II) the present and five-year projections of the cost of county services in the area
proposed to be annexed;]
[(III) the present and five-year projected revenues to the proposed annexing county from
the area proposed to be annexed;]
[(IV) the projected impact the annexation will have during the five years after annexation
on the amount of taxes that will be paid by property owners within the area proposed to be
annexed, the proposed annexing county, and the remaining portion of the county from which the
annexation area is proposed to be taken; and]
[(V) the effect on each school district whose boundaries include part or all of the area
proposed to be annexed or the proposed annexing county;]
[(B) provide a written report setting forth the economic analysis; and]
[(C) complete the economic analysis and written report and provide a copy of the written
report to the county legislative bodies no later than 60 days after being engaged to perform the
economic analysis.]
[(iii) (A) If the results of the economic analysis show that the average annual amount of
revenues under Subsection (2)(b)(ii)(A)(III) exceeds the average annual amount of costs under
Subsection (2)(b)(ii)(A)(II) by more than 5%, an election on the annexation issue may not be held
under Subsection (2)(c) and the proposed annexation may not occur.]
[(B) (I) If the results of the economic analysis show that the average annual amount of
costs under Subsection (2)(b)(ii)(A)(II) exceeds the average annual amount of revenues under
Subsection (2)(b)(ii)(A)(III) by more than 5%, the legislative body of the proposed annexing

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county may terminate the annexation proceedings by adopting a resolution to that effect and
delivering a copy of the resolution to the legislative body of the county in which the area
proposed to be annexed is located.]
[(II) A resolution terminating annexation proceedings under Subsection (2)(b)(iii)(B)(I)
may not be adopted more than 30 days after the consultant submits a written report of the
economic analysis under Subsection (2)(b)(ii)(C).]
[(C) (I) If the results of the economic analysis show that the average annual amount of
revenues under Subsection (2)(b)(ii)(A)(III) does not exceed the average annual amount of costs
under Subsection (2)(b)(ii)(A)(II) by more than 5% and a resolution terminating the annexation
proceedings under Subsection (2)(b)(iii)(B) has not been adopted, the legislative body of the
county in which the area proposed for annexation is located and the legislative body of the
annexing county shall submit the question of annexation to the voters of the area proposed for
annexation and the voters of the annexing county, respectively, at the next regular general
election that is more than 210 days after the governor signs the concurrent resolution.]
[(II) Before an election is held under Subsection (2)(b)(iii)(C)(I), the legislative body of
the county in which the area proposed to be annexed is located and the legislative body of the
proposed annexing county shall publicly distribute in their respective counties the results of the
economic analysis.]
[(c) If annexation occurs:]
[(i) the annexing county shall:]
[(A) pay all costs of the annexation election;]
[(B) with the cooperation and assistance of the legislative body and recorder's office of
the county in which the annexed area was located before annexation, establish and implement a
procedure for establishing in the recorder's office of the annexing county an appropriate record of
the real property located in the annexed area; and]
[(C) pay all costs associated with the establishment and implementation of the procedure
provided in Subsection (2)(c)(i)(B), including the reasonable costs incurred by the county in
which the annexed area was located before annexation in fulfilling its duties under Subsection

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(2)(c)(ii)(A);]
[(ii) the legislative body and recorder's office of the county in which the annexed area
was located before annexation:]
[(A) shall cooperate with and assist the annexing county in establishing and
implementing the procedure as provided in Subsection (2)(c)(i)(B); and]
[(B) may not charge the annexing county, for documents or services the recorder's office
provides the annexing county in implementing the procedure provided in Subsection (2)(c)(i)(B),
more than the regular fee the recorder's office ordinarily charges the general public for similar
documents or services;]
[(iii) as tax revenues are collected from the annexed area, the annexing county shall pay
to the county in which the annexed area was located before annexation the amounts the latter
would have received without annexation from tax revenues from the annexed area for the area's
proportionate share of the liability for general obligation and revenue bonds issued before
annexation by the county in which the annexed area was located before annexation; and]
[(iv) the annexed area may not be annexed to the county in which the area was located
before annexation for a period of 20 years after annexation.]
[(3)] (2) (a) Except as otherwise provided, the election provided in [either] Subsection
(1) [or (2)] shall be held, the results canvassed, and returns made under the provisions of the
general election laws of the state.
(b) The ballot to be used shall be:
For annexing a portion of ____ county to ____ county.
Against annexing a portion of ____ county to ____ county.
Section 2. Section 17-2-7 is amended to read:
17-2-7. Election returns transmitted to lieutenant governor.
As soon as the returns of the vote upon the proposition under [either] Subsection
17-2-6 (1) [or 17-2-6 (2)] have been canvassed by the county boards of canvassers, each county
clerk [must] shall make a certified abstract [thereof] of the returns, endorse it "election returns,"
and without delay transmit it by registered mail to the lieutenant governor.

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Section 3. Section 17-2-8 is amended to read:
17-2-8. Certification of election result to governor.
(1) The certified abstract [of such returns] under Section 17-2-7 shall be filed in the
office of the lieutenant governor.
(2) [(a)] In an election held under Subsection 17-2-6 (1), if it appears from the certified
[abstract] abstracts that a majority in each county of those voting [in each county] have voted in
favor of such annexation, the lieutenant governor shall certify the result of such vote to the
governor.
[(b) In an election held under Subsection 17-2-6 (2), the lieutenant governor shall certify
the result of that vote to the governor if it appears from the certified abstract that:]
[(i) a majority of voters living in the area proposed for annexation have voted in favor of
annexation; and]
[(ii) a majority of voters living in the county to which the area is proposed to be annexed
have voted in favor of annexation.]

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