2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to municipal annexation.
10 Highlighted Provisions:
11 This bill:
12 ▸ prohibits an annexation petition from including an area that is proposed for
13 incorporation in a certified request for a feasibility study; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 10-2-403, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 15
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 10-2-403 is amended to read:
25 10-2-403. Annexation petition -- Requirements -- Notice required before filing.
26 (1) Except as provided in Section 10-2-418, the process to annex an unincorporated
27 area to a municipality is initiated by a petition as provided in this section.
28 (2) (a) (i) Before filing a petition under Subsection (1) with respect to the proposed
29 annexation of an area located in a county of the first class, the person or persons intending to
30 file a petition shall:
31 (A) file with the city recorder or town clerk of the proposed annexing municipality a
32 notice of intent to file a petition; and
33 (B) send a copy of the notice of intent to each affected entity.
34 (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
35 area that is proposed to be annexed.
36 (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
37 annexed is located shall:
38 (A) mail the notice described in Subsection (2)(b)(iii) to:
39 (I) each owner of real property located within the area proposed to be annexed; and
40 (II) each owner of real property located within 300 feet of the area proposed to be
41 annexed; and
42 (B) send to the proposed annexing municipality a copy of the notice and a certificate
43 indicating that the county mailed the notice [
44 (2)(b)(i)(A).
45 (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
46 days after [
47 that filed the notice of intent:
48 (A) a written request to mail the required notice; and
49 (B) payment of an amount equal to the county's expected actual cost of mailing the
50 notice.
51 (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
52 (A) be in writing;
53 (B) state, in bold and conspicuous terms, substantially the following:
54 "Attention: Your property may be affected by a proposed annexation.
55 Records show that you own property within an area that is intended to be included in a
56 proposed annexation to (state the name of the proposed annexing municipality) or that is within
57 300 feet of that area. If your property is within the area proposed for annexation, you may be
58 asked to sign a petition supporting the annexation. You may choose whether to sign the
59 petition. By signing the petition, you indicate your support of the proposed annexation. If you
60 sign the petition but later change your mind about supporting the annexation, you may
61 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
62 of (state the name of the proposed annexing municipality) within 30 days after (state the name
63 of the proposed annexing municipality) receives notice that the petition has been certified.
64 There will be no public election on the proposed annexation because Utah law does not
65 provide for an annexation to be approved by voters at a public election. Signing or not signing
66 the annexation petition is the method under Utah law for the owners of property within the area
67 proposed for annexation to demonstrate their support of or opposition to the proposed
68 annexation.
69 You may obtain more information on the proposed annexation by contacting (state the
70 name, mailing address, telephone number, and email address of the official or employee of the
71 proposed annexing municipality designated to respond to questions about the proposed
72 annexation), (state the name, mailing address, telephone number, and email address of the
73 county official or employee designated to respond to questions about the proposed annexation),
74 or (state the name, mailing address, telephone number, and email address of the person who
75 filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the
76 notice of intent, one of those persons). Once filed, the annexation petition will be available for
77 inspection and copying at the office of (state the name of the proposed annexing municipality)
78 located at (state the address of the municipal offices of the proposed annexing municipality).";
79 and
80 (C) be accompanied by an accurate map identifying the area proposed for annexation.
81 (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any
82 other information or materials related or unrelated to the proposed annexation.
83 (c) (i) After receiving the certificate from the county as provided in Subsection
84 (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
85 [
86 petition for the annexation proposed in the notice of intent.
87 (ii) An annexation petition provided by the proposed annexing municipality may be
88 duplicated for circulation for signatures.
89 (3) Each petition under Subsection (1) shall:
90 (a) be filed with the applicable city recorder or town clerk of the proposed annexing
91 municipality;
92 (b) [
93 annexation is owned by a public entity other than the federal government, contain the
94 signatures of the owners of all the publicly owned real property[
95
96 (c) contain the signatures of the owners of private real property that:
97 (i) is located within the area proposed for annexation;
98 (ii) (A) subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area
99 within the area proposed for annexation;
100 (B) covers 100% of rural real property as that term is defined in Section 17B-2a-1107
101 within the area proposed for annexation; and
102 (C) covers 100% of the private land area within the area proposed for annexation, if the
103 area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture,
104 Industrial, or Critical Infrastructure Materials Protection Areas, or a migratory bird production
105 area created under Title 23, Chapter 28, Migratory Bird Production Area; and
106 (iii) is equal in value to at least 1/3 of the value of all private real property within the
107 area proposed for annexation;
108 [
109 (i) an accurate and recordable map, prepared by a licensed surveyor, of the area
110 proposed for annexation; and
111 (ii) a copy of the notice sent to affected entities as required under Subsection
112 (2)(a)(i)(B) and a list of the affected entities to which the person or persons intending to file a
113 petition sent notice [
114 [
115 contain on each signature page a notice in bold and conspicuous terms that states substantially
116 the following:
117 "Notice:
118 • There will be no public election on the annexation proposed by this petition because
119 Utah law does not provide for an annexation to be approved by voters at a public election.
120 • If you sign this petition and later decide that you do not support the petition, you may
121 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
122 of (state the name of the proposed annexing municipality). If you choose to withdraw your
123 signature, you shall do so no later than 30 days after (state the name of the proposed annexing
124 municipality) receives notice that the petition has been certified.";
125 [
126 the county in which the proposed annexing municipality is located, be accompanied by a copy
127 of the resolution, required under Subsection 10-2-402(6), of the legislative body of the county
128 in which the area is located; and
129 [
130 shall be designated as the contact sponsor, and indicate the mailing address of each sponsor.
131 (4) A petition under Subsection (1) may not propose the annexation of all or part of an
132 area that was proposed for annexation to a municipality in a previously filed petition that has
133 not been denied, rejected, or granted.
134 (5) [
135 Subsection (1) may not propose the annexation of an area that includes some or all of an area
136 proposed to be incorporated in a request for a feasibility study [
137 the lieutenant governor certified under Subsection 10-2a-204(1)(b)(i) if:
138 [
139 annexation petition; and
140 [
141 pending on the date the annexation petition is filed.
142 [
143 [
144
145 [
146 [
147 [
148 [
149
150
151
152 [
153
154 (6) If practicable and feasible, the boundaries of an area proposed for annexation shall
155 be drawn:
156 (a) along the boundaries of existing local districts and special service districts for
157 sewer, water, and other services, along the boundaries of school districts whose boundaries
158 follow city boundaries or school districts adjacent to school districts whose boundaries follow
159 city boundaries, and along the boundaries of other taxing entities;
160 (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
161 services;
162 (c) to facilitate the consolidation of overlapping functions of local government;
163 (d) to promote the efficient delivery of services; and
164 (e) to encourage the equitable distribution of community resources and obligations.
165 (7) On the date of filing, the petition sponsors shall deliver or mail a copy of the
166 petition to the clerk of the county in which the area proposed for annexation is located.
167 (8) A property owner who signs an annexation petition proposing to annex an area
168 located in a county of the first class may withdraw the owner's signature by filing a written
169 withdrawal, signed by the property owner, with the city recorder or town clerk no later than 30
170 days after the day on which the municipal legislative [
171 notice of certification under Subsection 10-2-405(2)(c)(i).