H.B. 1004

This document includes House Floor Amendments incorporated into the bill on Tue, Apr 19, 2005 at 7:17 PM by chopkin. --> 1

DISCONNECTING TERRITORY FROM A
2 MUNICIPALITY
3 2005 FIRST SPECIAL SESSION
4 STATE OF UTAH
5 Sponsor: Craig A. Frank
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to disconnecting territory from one municipality
10 and connecting it to another.
11 Highlighted Provisions:
12 This bill:
13 . amends a provision relating to the adjustment of a common boundary between
14 municipalities to add a provision that:
15 . authorizes a municipality seeking to adjust a common boundary with another
16 municipality in the same county to request the other municipality to adjust the
17 common boundary;
18 . requires the municipalities to negotiate in good faith;
19 . authorizes the requesting municipality to file a petition with the boundary
20 commission requesting the boundary adjustment; and
21 . authorizes the boundary commission to allow the boundary adjustment under
22 certain circumstances.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill provides an effective date.
27 Utah Code Sections Affected:

28 AMENDS:
29 10-2-409, as last amended by Chapter 206, Laws of Utah 2001
30 10-2-412, as last amended by Chapter 206, Laws of Utah 2001
31 10-2-419 (Effective 05/02/05), as last amended by Chapter 233, Laws of Utah 2005
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 10-2-409 is amended to read:
35 10-2-409. Boundary commission -- Creation -- Members.
36 (1) The legislative body of each county:
37 (a) may create a boundary commission on its own initiative at any time; and
38 (b) shall create a boundary commission within 30 days [of] after:
39 (i) the filing of a protest under Section 10-2-407 [.]; or
40 (ii) the filing of a petition for a boundary adjustment under Subsection 10-2-419 (6).
41 (2) Each commission shall be composed of:
42 (a) in a county with two or more municipalities:
43 (i) two members who are elected county officers, appointed by:
44 (A) (I) in a county of the first class operating under a form of government in which the
45 executive and legislative functions are separated, the county executive with the advice and
46 consent of the county legislative body; or
47 (II) in a county of the first class operating under a form of government in which the
48 executive and legislative functions of the governing body are not separated, the county
49 legislative body; or
50 (B) in a specified county, the county legislative body;
51 (ii) two members who are elected municipal officers from separate municipalities
52 within the county, appointed by the municipal selection committee; and
53 (iii) three members who are residents of the county, none of whom is a county or
54 municipal officer, appointed by the four other members of the boundary commission; and
55 (b) in a county with only one municipality:
56 (i) two members who are county elected officers, appointed by the county legislative
57 body;
58 (ii) one member who is a municipal officer, appointed by the governing body of the

59 municipality; and
60 (iii) two members who are residents of the county, neither of whom is a county or
61 municipal officer, appointed by the other three members of the boundary commission.
62 (3) At the expiration of the term of each member appointed under this section, the
63 member's successor shall be appointed by the same body that appointed the member whose
64 term is expiring, as provided in this section.
65 Section 2. Section 10-2-412 is amended to read:
66 10-2-412. Boundary commission authority -- Expenses -- Records.
67 (1) The boundary commission for each county shall hear and decide, according to the
68 provisions of this part[,]:
69 (a) each protest filed under Section 10-2-407 , with respect to an area that is located
70 within that county[.]; and
71 (b) each petition for a boundary adjustment under Subsection 10-2-419 (6), with respect
72 to an area that is located within that county.
73 (2) A boundary commission may:
74 (a) adopt and enforce rules of procedure for the orderly and fair conduct of its
75 proceedings;
76 (b) authorize a member of the commission to administer oaths if necessary in the
77 performance of the commission's duties;
78 (c) employ staff personnel and professional or consulting services reasonably necessary
79 to enable the commission to carry out its duties; and
80 (d) incur reasonable and necessary expenses to enable the commission to carry out its
81 duties.
82 (3) The legislative body of each county shall, with respect to the boundary commission
83 in that county:
84 (a) furnish the commission necessary quarters, equipment, and supplies;
85 (b) pay necessary operating expenses incurred by the commission; and
86 (c) reimburse the reasonable and necessary expenses incurred by each member
87 appointed under Subsection 10-2-409 (2)(a)(iii) or (b)(iii), unless otherwise provided by
88 interlocal agreement.
89 (4) Each county or municipal legislative body shall reimburse the reasonable and

90 necessary expenses incurred by a commission member who is an elected county or municipal
91 officer, respectively.
92 (5) Records, information, and other relevant materials necessary to enable the
93 commission to carry out its duties shall, upon request by the commission, be furnished to the
94 boundary commission by the personnel, employees, and officers of:
95 (a) for a proposed annexation of an area located in a county of the first class:
96 (i) each county and special district whose boundaries include an area that is the subject
97 of a protest under the commission's consideration; and
98 (ii) each municipality whose boundaries may be affected by action of the boundary
99 commission; or
100 (b) for a proposed annexation of an area located in a specified county, each affected
101 entity:
102 (i) whose boundaries include any part of the area proposed for annexation; or
103 (ii) that may be affected by action of the boundary commission.
104 Section 3. Section 10-2-419 (Effective 05/02/05) is amended to read:
105 10-2-419 (Effective 05/02/05). Boundary adjustment -- Notice and hearing --
106 Protest.
107 (1) The legislative bodies of two or more municipalities having common boundaries
108 may adjust their common boundaries only as provided in this section.
109 (2) (a) The legislative body of each municipality intending to adjust a boundary that is
110 common with another municipality shall:
111 (i) adopt a resolution indicating the intent of the municipal legislative body to adjust a
112 common boundary;
113 (ii) hold a public hearing on the proposed adjustment no less than 60 days after the
114 adoption of the resolution under Subsection (2)(a)(i); and
115 (iii) (A) publish notice at least once a week for three successive weeks in a newspaper
116 of general circulation within the municipality; or
117 (B) if there is no newspaper of general circulation within the municipality, post at least
118 one notice per 1,000 population in places within the municipality that are most likely to give
119 notice to residents of the municipality.
120 (b) The notice required under Subsection (2)(a)(iii) shall:

121 (i) state that the municipal legislative body has adopted a resolution indicating the
122 municipal legislative body's intent to adjust a boundary that the municipality has in common
123 with another municipality;
124 (ii) describe the area proposed to be adjusted;
125 (iii) state the date, time, and place of the public hearing required under Subsection
126 (2)(a)(ii);
127 (iv) state in conspicuous and plain terms that the municipal legislative body will adjust
128 the boundaries unless, at or before the public hearing under Subsection (2)(a)(ii), written
129 protests to the adjustment are filed by the owners of private real property that:
130 (A) is located within the area proposed for adjustment;
131 (B) covers at least 25% of the total private land area within the area proposed for
132 adjustment; and
133 (C) is equal in value to at least 15% of the value of all private real property within the
134 area proposed for adjustment; and
135 (v) state that the area that is the subject of the boundary adjustment will, because of the
136 boundary adjustment, be automatically annexed to a local district providing fire protection,
137 paramedic, and emergency services, as provided in Section 17B-2-515.5 , if:
138 (A) the municipality to which the area is being added because of the boundary
139 adjustment is entirely within the boundaries of a local district:
140 (I) that provides fire protection, paramedic, and emergency services; and
141 (II) in the creation of which an election was not required because of Subsection
142 17B-2-214 (3)(c); and
143 (B) the municipality from which the area is being taken because of the boundary
144 adjustment is not within the boundaries of the local district; and
145 (vi) state that the area proposed for annexation to the municipality will be
146 automatically withdrawn from a local district providing fire protection, paramedic, and
147 emergency services, as provided in Subsection 17B-2-601 (2), if:
148 (A) the municipality to which the area is being added because of the boundary
149 adjustment is not within the boundaries of a local district:
150 (I) that provides fire protection, paramedic, and emergency services; and
151 (II) in the creation of which an election was not required because of Subsection

152 17B-2-214 (3)(c); and
153 (B) the municipality from which the area is being taken because of the boundary
154 adjustment is entirely within the boundaries of the local district.
155 (c) The first publication of the notice required under Subsection (2)(a)(iii)(A) shall be
156 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
157 (2)(a)(i).
158 (3) Upon conclusion of the public hearing under Subsection (2)(a)(ii), the municipal
159 legislative body may adopt an ordinance adjusting the common boundary unless, at or before
160 the hearing under Subsection (2)(a)(ii), written protests to the adjustment have been filed with
161 the city recorder or town clerk, as the case may be, by the owners of private real property that:
162 (a) is located within the area proposed for adjustment;
163 (b) covers at least 25% of the total private land area within the area proposed for
164 adjustment; and
165 (c) is equal in value to at least 15% of the value of all private real property within the
166 area proposed for adjustment.
167 (4) The municipal legislative body shall comply with the requirements of Section
168 10-2-425 as if the boundary change were an annexation.
169 (5) An ordinance adopted under Subsection (3) becomes effective when each
170 municipality involved in the boundary adjustment has adopted an ordinance under Subsection
171 (3) and as determined under Subsection 10-2-425 (5) if the boundary change were an
172 annexation.
173 (6) (a) The legislative body of a municipality that has a common boundary with another
174 municipality located within the same county may request the legislative body of the other
175 municipality to adjust the municipalities' common boundary.
176 (b) Each municipality that receives a request under Subsection (6)(a) and each
177 municipality that makes a request shall negotiate together in good faith to reach a consensus on
178 acceptable terms and conditions of a mutually beneficial boundary adjustment.
179 (c) If, after the good faith negotiations, the municipalities do not reach a consensus on
180 the boundary adjustment, the legislative body of the requesting municipality may submit to the
181 legislative body of the other municipality a written request for a decision approving or denying
182 the requested boundary adjustment.

183 (d) (i) No sooner than 45 days after submitting a written request under Subsection
184 (6)(c), a requesting municipality may file a petition requesting the boundary commission of the
185 county in which the requesting municipality and the other municipality are located to adjust the
186 common boundary.
187 (ii) Each petition under Subsection (6)(d)(i) shall be filed with:
188 (A) H. [ in a ] the commission, if the .H county H. [ that ] .H has created a
188a commission under Section 10-2-409 H. [ , the
189 commission ] .H ; or
190 (B) H. [ in a county that has not created a commission, ] .H the clerk of the county in
190a which the
191 area that is the subject of the proposed boundary adjustment is located H. , if the county has not
191a created a commission .H .
192 (iii) Each county clerk who receives a petition filed under Subsection (6)(d)(ii)(B)
193 shall:
194 (A) immediately notify the county legislative body of the petition; and
195 (B) deliver a copy of the petition to the city recorder of the other municipality.
196 (e) The commission may grant a petition and adjust the common boundary as requested
197 if:
198 (i) the purposes of the boundary adjustment are consistent with the annexation policy
199 plan of the requesting municipality;
200 (ii) the land subject to the proposed boundary adjustment is entirely owned by the
201 requesting municipality; and
202 (iii) deed restrictions applicable to the land provide that, without the prior written
203 consent of the legislative body of the other municipality:
204 (A) the land will not be developed in a manner that is inconsistent with the valid land
205 use ordinances in effect on the date the requesting municipality adopts a resolution of intent or
206 takes other similar official action to adjust the common boundary; and
207 (B) if sold, the land will not be converted to a private use that is inconsistent with the
208 use of the land that exists at the time of the boundary adjustment.
209 Section 4. Effective date.
210 If approved by two-thirds of all the members elected to each house, this bill takes
211 effect:
212 (1) May 2, 2005, if the governor signs the bill before May 2, 2005; or
213 (2) if the governor does not sign the bill before May 2, upon approval by the governor,

214 or the day following the constitutional time limit of Utah Constitution Article VII, Section 8,
215 without the governor's signature, or in the case of veto, the date of veto override.




Legislative Review Note
as of 4-8-05 7:27 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel