S.B. 18

This document includes House Committee Amendments incorporated into the bill on Mon, Jan 26, 2004 at 11:19 AM by kholt. --> This document includes House Floor Amendments incorporated into the bill on Wed, Jan 28, 2004 at 12:18 PM by chopkin. --> 1

MUNICIPAL ANNEXATION PROVISIONS IN
2 FIRST CLASS COUNTIES
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Patrice M. Arent
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Utah Municipal Code relating to municipal
10 annexations in counties of the first class.
11 Highlighted Provisions:
12 This bill:
13 . requires proponents of a proposed annexation of an area in a county of the first class
14 to file with the proposed annexing municipality a notice of intent to file an
15 annexation petition;
16 . requires the county to mail notice of the proposed annexation to each owner of real
17 property within the area proposed for annexation and within 300 feet of the area
18 proposed for annexation for an annexation in a county of the first class;
19 . requires the person or persons who file a notice of intent to pay the cost of the
20 county's mailing notice to property owners;
21 . requires each annexation petition proposing to annex an area in a first class county
22 to include a notice to petition signers;
23 . authorizes a signer of an annexation petition in a first class county to withdraw the
24 signer's signature; and
25 . makes technical changes.
26 Monies Appropriated in this Bill:
27 None

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29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 10-2-403, as last amended by Chapter 294, Laws of Utah 2003
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 10-2-403 is amended to read:
36 10-2-403. Annexation petition -- Requirements -- Notice required before filing.
37 (1) Except as provided in Section 10-2-418 , the process to annex an unincorporated
38 area to a municipality is initiated by a petition as provided in this section.
39 (2) (a) (i) Before filing a petition under Subsection (1) with respect to the proposed
40 annexation of an area located in a county of the first class, the person or persons intending to
41 file a petition shall:
42 (A) file with the city recorder or town clerk of the proposed annexing municipality a
43 notice of intent to file a petition; and
44 (B) send a copy of the notice of intent to each affected entity.
45 (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
46 area that is proposed to be annexed.
47 (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
48 annexed is located shall:
49 (A) mail the notice described in Subsection (2)(b)(iii) to:
50 (I) each owner of real property located within the area proposed to be annexed; and
51 (II) each owner of real property located within 300 feet of the area proposed to be
52 annexed; and
53 (B) send to the proposed annexing municipality a copy of the notice and a certificate
54 indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).
55 (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
56 days after receiving from the person or persons who filed the notice of intent:
57 (A) a written request to mail the required notice; and
58 (B) payment of an amount equal to the county's expected actual cost of mailing the

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House Committee Amendments 1-26-2004 kh/rhr 59

notice.
60 (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
61 (A) be in writing;
62 (B) state, in bold and conspicuous terms, substantially the following:
63 "Attention: Your property may be affected by a proposed annexation.
64 Records show that you own property within an area that is intended to be included in a
65 proposed annexation to (state the name of the proposed annexing municipality) or that is within
66 300 feet of that area. If your property is within the area proposed for annexation, you may be
67 asked to sign a petition supporting the annexation. You may choose whether or not to sign the
68 petition. By signing the petition, you indicate your support of the proposed annexation. If you
69 sign the petition but later change your mind about supporting the annexation, you may
70 withdraw your signature by submitting a signed, h [h NOTARIZED, h] h written withdrawal with the
70a recorder or clerk
71 of (state the name of the proposed annexing municipality) within 30 days after (state the name
72 of the proposed annexing municipality) receives notice that the petition has been certified.
73 There will be no public election on the proposed annexation because Utah law does not
74 provide for an annexation to be approved by voters at a public election. Signing or not signing
75 the annexation petition is the method under Utah law for the owners of property within the area
76 proposed for annexation to demonstrate their support of or opposition to the proposed
77 annexation.
78 Under Utah law, the elected officials of (state the name of the proposed annexing
79 municipality) may have no choice but to grant the annexation petition if the county's property
80 tax rate for municipal services in the area proposed to be annexed is higher than the property
81 tax rate of (state the name of the proposed annexing municipality) and if other statutory
82 conditions are met.
83 You may obtain more information on the proposed annexation by contacting (state the
84 name, mailing address, telephone number, and email address of the official or employee of the
85 proposed annexing municipality designated to respond to questions about the proposed
86 annexation), (state the name, mailing address, telephone number, and email address of the
87 county official or employee designated to respond to questions about the proposed annexation),
88 or (state the name, mailing address, telephone number, and email address of the person who
89 filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the

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notice of intent, one of those persons). Once filed, the annexation petition will be available for
91 inspection and copying at the office of (state the name of the proposed annexing municipality)
92 located at (state the address of the municipal offices of the proposed annexing municipality).";
93 and
94 (C) be accompanied by an accurate map identifying the area proposed for annexation.
95 (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any
96 other information or materials related or unrelated to the proposed annexation.
97 (c) (i) After receiving the certificate from the county as provided in Subsection
98 (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
99 who filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition for
100 the annexation proposed in the notice of intent.
101 (ii) An annexation petition provided by the proposed annexing municipality may be
102 duplicated for circulation for signatures.
103 [(2)] (3) Each petition under Subsection (1) shall:
104 (a) (i) be filed with the city recorder or town clerk, as the case may be, of the proposed
105 annexing municipality;
106 (ii) when filed and if applicable, be accompanied by a written h [h , NOTARIZED h] h
106a1 statement,
106a signed by the
107 petition sponsors, certifying that signatures on a petition that does not comply with the
108 requirements of Subsection (3)(d) were gathered before the effective date of that subsection;
109 (b) contain the signatures of:
110 (i) the owners of private real property that:
111 (A) is located within the area proposed for annexation;
112 (B) (I) subject to Subsection [(2)] (3)(b)(i)(B)(II), covers a majority of the private land
113 area within the area proposed for annexation; and
114 (II) covers 100% of the private land area within the area proposed for annexation, if the
115 area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture
116 Protection Area; and
117 (C) is equal in value to at least 1/3 of the value of all private real property within the
118 area proposed for annexation; or
119 (ii) if all the real property within the area proposed for annexation is owned by a public
120 entity other than the federal government, the owner of all the publicly owned real property;

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(c) be accompanied by:
122 (i) an accurate and recordable map, prepared by a licensed surveyor, of the area
123 proposed for annexation; and
124 (ii) a copy of the notice sent to affected entities as required under Subsection [(6)]
125 (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
126 (d) if the area proposed to be annexed is located in a county of the first class, contain
127 on each signature page a notice in bold and conspicuous terms that states substantially the
128 following:
129 "Notice:
130 * Under Utah law, the elected officials of (state the name of the proposed annexing
131 municipality) may have no choice but to grant this annexation petition if the county's property
132 tax rate for municipal services in the area proposed to be annexed is higher than the property
133 tax rate of (state the name of the proposed annexing municipality) and if other statutory
134 conditions are met.
135 * There will be no public election on the annexation proposed by this petition because
136 Utah law does not provide for an annexation to be approved by voters at a public election.
137 * If you sign this petition and later decide that you do not support the petition, you may
138 withdraw your signature by submitting a signed, h [h NOTARIZED, h] h written withdrawal with the
138a recorder or clerk
139 of (state the name of the proposed annexing municipality). If you choose to withdraw your
140 signature, you must do so no later than 30 days after (state the name of the proposed annexing
141 municipality) receives notice that the petition has been certified.";
142 [(d)] (e) if the petition proposes the annexation of an area located in a county that is not
143 the county in which the proposed annexing municipality is located, be accompanied by a copy
144 of the resolution, required under Subsection 10-2-402 (6), of the legislative body of the county
145 in which the area is located; and
146 [(e)] (f) designate up to five of the signers of the petition as sponsors, one of whom
147 shall be designated as the contact sponsor, and indicate the mailing address of each sponsor.
148 [(3)] (4) A petition under Subsection (1) may not propose the annexation of all or part
149 of an area proposed for annexation to a municipality in a previously filed petition that has not
150 been denied, rejected, or granted.
151 [(4)] (5) A petition under Subsection (1) proposing the annexation of an area located in

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a county of the first class may not propose the annexation of an area that includes some or all
153 of an area proposed to be incorporated in a request for a feasibility study under Section
154 10-2-103 or a petition under Section 10-2-125 if:
155 (a) the request or petition was filed before the filing of the annexation petition; and
156 (b) the request, a petition under Section 10-2-109 based on that request, or a petition
157 under Section 10-2-125 is still pending on the date the annexation petition is filed.
158 [(5)] (6) If practicable and feasible, the boundaries of an area proposed for annexation
159 shall be drawn:
160 (a) along the boundaries of existing special districts for sewer, water, and other
161 services, along the boundaries of school districts whose boundaries follow city boundaries or
162 school districts adjacent to school districts whose boundaries follow city boundaries, and along
163 the boundaries of other taxing entities;
164 (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
165 services;
166 (c) to facilitate the consolidation of overlapping functions of local government;
167 (d) to promote the efficient delivery of services; and
168 (e) to encourage the equitable distribution of community resources and obligations.
169 [(6) Before filing a petition with the city recorder or town clerk, the petition sponsors
170 shall send written notice to each affected entity of their intent to file a petition.]
171 (7) On the date of filing, the petition sponsors shall deliver or mail a copy of the
172 petition to:
173 (a) the clerk of the county in which the area proposed for annexation is located; and
174 (b) the chair of the planning commission of each township in which any part of the area
175 proposed for annexation is located.
176 (8) A property owner who signs an annexation petition proposing to annex an area
177 located in a county of the first class may withdraw the owner's signature by filing a written h [ h ,
177a NOTARIZED h] h
178 withdrawal, signed by the property owner, with the city recorder or town clerk no later than 30
179 days after the municipal legislative body's receipt of the notice of certification under
180 Subsection 10-2-405 (2)(c)(i).

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Legislative Review Note
as of 10-15-03 12:54 PM

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

Office of Legislative Research and General Counsel

Interim Committee Note
as of 12-10-03 1:31 PM

The Political Subdivisions Interim Committee recommended this bill.