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H.B. 49
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COUNTY BOUNDARY CHANGES
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Bradley T. Johnson
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AN ACT RELATING TO COUNTIES; MODIFYING THE PROCEDURE FOR ANNEXING
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PART OF A COUNTY TO AN ADJOINING COUNTY; PROVIDING AN ALTERNATE
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PROCEDURE FOR ANNEXING PART OF A COUNTY TO AN ADJOINING COUNTY;
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h
CLARIFYING THE VOTE REQUIRED TO APPROVE ANNEXATION;
h
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MAKING TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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17-2-6, as last amended by Chapter 263, Laws of Utah 1996
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h
17-2-8, as last amended by Chapter 263, Laws of Utah 1996
h
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
17-2-6
is amended to read:
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17-2-6. Annexation of portion of county to adjoining county -- Petition -- Alternate
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annexation procedure -- Election -- Ballots.
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(1) (a) Except as provided in Subsection (2), whenever a majority of the legal voters of
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any portion of any county, in number equal to a majority of the votes cast at the preceding general
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election within that portion of the county, desire to have the territory within which they reside
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included within the boundaries of an adjoining county they may petition the county legislative
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body of the county in which they reside, which is hereafter referred to as the county from which
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territory is to be taken, as well as the county legislative body of the county to which they desire
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to be annexed, which is referred to as the annexing county.
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(b) Such petition must be presented before the first Monday in June of a year during which
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a general election is held, and the county legislative body must cause such proposition to be
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submitted to the legal voters residing in the county from which territory is to be taken as well as
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to the legal voters of the annexing county at the ensuing general election.
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[(2) (a) Notwithstanding Subsection (1), Subsection (2) applies to each petition seeking
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annexation of a contiguous portion of one county to an adjoining county if the area proposed for
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annexation is:]
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[(i) located within an incorporated municipality that:]
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[(A) extends into the annexing county; and]
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[(B) is divided by a county line that was originally defined by a stream, river, or body of
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water; and]
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[(ii) contiguous to the portion of the municipality located within the annexing county.]
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[(b) A petition seeking annexation as provided in Subsection (2)(a) shall:]
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[(i) contain the legal signatures of registered voters within the area proposed for
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annexation equal in number to over 50% of the votes cast at the preceding general election within
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that area; and]
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[(ii) be filed with the legislative body of the annexing county before the first Monday in
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June of a year during which a regular general election is held.]
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[(c) At the time of filing the petition, petitioners shall deliver a copy of it to the legislative
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body of the county in which the area proposed for annexation is located.]
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(2) (a) As an alternative to the procedure under Subsection (1), a portion of a county may
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be annexed to an adjoining county with which the area proposed to be annexed shares a common
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boundary if:
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(i) the Legislature passes h [
a joint
]
AND THE GOVERNOR SIGNS A CONCURRENT
h
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resolution:
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(A) describing the area proposed to be annexed;
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(B) identifying the county to which the area is proposed to be annexed; and
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(C) approving the annexation; and
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(ii) the annexation is approved by:
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(A) h
A MAJORITY OF h [
THE
h voters of
]
THOSE VOTING ON THE PROPOSED
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ANNEXATION IN
h the area proposed to be annexed; and
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(B) h
A MAJORITY OF h [
THE
h voters of
]
THOSE VOTING ON THE PROPOSED
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ANNEXATION IN
h the proposed annexing county.
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[(d) The] (b) If the Legislature adopts h [
a joint
]
AND THE GOVERNOR SIGNS A
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CONCURRENT
h resolution under Subsection (2)(a)(i), the
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legislative body of the county in which the area proposed for annexation is located and the
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legislative body of the annexing county shall submit the question of annexation to the voters of the
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area proposed for annexation and the voters of the annexing county, respectively, at the next
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regular general election that is more than 60 days after the h [
Legislature's adoption of the joint
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resolution
]
LAST DAY OF THE LEGISLATIVE SESSION IN WHICH THE
h
[
JOINT]
CONCURRENT
h
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RESOLUTION IS
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ADOPTED
h .
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[(e)] (c) If annexation occurs:
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(i) the annexing county shall:
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(A) pay all costs of the annexation election;
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(B) with the cooperation and assistance of the legislative body and recorder's office of the
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county in which the annexed area was located before annexation, establish and implement a
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procedure for establishing in the recorder's office of the annexing county an appropriate record of
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the real property located in the annexed area; and
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(C) pay all costs associated with the establishment and implementation of the procedure
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provided in Subsection (2)[(e)](c)(i)(B), including the reasonable costs incurred by the county in
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which the annexed area was located before annexation in fulfilling its duties under Subsection
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(2)[(e)](c)(ii)(A);
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(ii) the legislative body and recorder's office of the county in which the annexed area was
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located before annexation:
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(A) shall cooperate with and assist the annexing county in establishing and implementing
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the procedure as provided in Subsection (2)[(e)](c)(i)(B); and
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(B) may not charge the annexing county, for documents or services the recorder's office
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provides the annexing county in implementing the procedure provided in Subsection
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(2)[(e)](c)(i)(B), more than the regular fee the recorder's office ordinarily charges the general
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public for similar documents or services;
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(iii) as tax revenues are collected from the annexed area, the annexing county shall pay to
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the county in which the annexed area was located before annexation the amounts the latter would
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have received without annexation from tax revenues from the annexed area for the area's
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proportionate share of the liability for general obligation and revenue bonds issued before
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annexation by the county in which the annexed area was located before annexation; and
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(iv) [any petition filed within 20 years thereafter proposing annexation of] the [same]
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annexed area may not be annexed to the county in which the area was located before annexation
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[is invalid] for a period of 20 years after annexation.
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(3) (a) Except as otherwise provided, the election provided in either Subsection (1) or (2)
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shall be held, the results canvassed, and returns made under the provisions of the general election
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laws of the state.
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(b) The ballot to be used shall be:
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For annexing a portion of ____ county to ____ county.
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Against annexing a portion of ____ county to ____ county.
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h
Section 2. Section 17-2-8 is amended to read:
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17-2-8. Certification of election result to governor.
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(1) The certified abstract of such returns shall be filed in the office of the lieutenant governor.
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(2) (a) In an election held under Subsection 17-2-6(1), if it appears from the certified abstract
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that a majority of those voting in each county have voted in favor of such annexation, the lieutenant
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governor shall certify the result of such vote to the governor.
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(b) In an election held under Subsection 17-2-6(2), the lieutenant governor shall certify the
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result of that vote to the governor if it appears from the certified abstract that:
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(i) a majority of those voting ON THE ANNEXATION PROPOSAL in the area proposed for
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annexation have voted in favor of annexation; and
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(ii) a majority of those voting ON THE ANNEXATION PROPOSAL in the county to which the
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area is proposed to be annexed have voted in favor of annexation.
h
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Section h [
2.
]
3.
h Effective date.
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If approved by two-thirds of all the members elected to each house, this act takes effect
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upon approval by the governor, or the day following the constitutional time limit of Utah
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Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
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date of veto override.
Legislative Review Note
as of 1-12-00 2:08 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.