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First Substitute H.B. 49
Representative Bradley T. Johnson proposes to substitute the following bill:
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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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CLARIFYING THE VOTE REQUIRED TO APPROVE AN ANNEXATION; PROVIDING FOR
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AN ECONOMIC ANALYSIS; MAKING TECHNICAL CHANGES; AND PROVIDING AN
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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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17-2-8, as last amended by Chapter 263, Laws of Utah 1996
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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. (d) The]
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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 area proposed to be annexed:
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(A) is located within a city or town whose boundaries extend into the proposed annexing
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county;
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(B) is contiguous to the portion of the city or town that is located within the proposed
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annexing county; and
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(C) includes all of the city or town that is within the county from which the area is
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proposed to be taken;
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(ii) by a two-thirds vote of each house, the Legislature passes a concurrent 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;
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(iii) the governor signs the concurrent resolution passed by the Legislature; and
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(iv) after the completion of an economic analysis under Subsection (2)(b) that meets the
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requirements of Subsection (2)(b)(iii)(C), the annexation is approved by:
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(A) a majority of the voters living in the area proposed to be annexed; and
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(B) a majority of the voters living in the proposed annexing county.
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(b) (i) (A) If the Legislature passes and the governor signs a concurrent resolution as
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provided in Subsection (2)(a), the legislative body of the county in which the area proposed to be
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annexed is located and the legislative body of the proposed annexing county shall, within 30 days
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after the governor signs the concurrent resolution, select and engage an independent consultant to
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perform an economic analysis of the proposed annexation.
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(B) If the county legislative bodies are unable to agree upon an independent consultant
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within the required time under Subsection (2)(b)(i)(A), the Utah Association of Counties shall,
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within ten days, select an independent consultant and the county legislative bodies shall, within
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ten days after notification of the selection, engage the consultant selected by the Utah Association
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of Counties.
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(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.
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(ii) The legislative body of the county in which the area proposed to be annexed is located
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and the legislative body of the proposed annexing county shall require the consultant selected and
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engaged under Subsection (2)(b)(i) to:
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(A) conduct an economic analysis of the proposed annexation that shall consider:
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(I) the fiscal impact of the proposed annexation on the county from which the annexation
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area is proposed to be taken;
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(II) the present and five-year projections of the cost of county services in the area proposed
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to be annexed;
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(III) the present and five-year projected revenues to the proposed annexing county from
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the area proposed to be annexed;
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(IV) the projected impact the annexation will have during the five years after annexation
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on the amount of taxes that will be paid by property owners within the area proposed to be
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annexed, the proposed annexing county, and the remaining portion of the county from which the
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annexation area is proposed to be taken; and
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(V) the effect on each school district whose boundaries include part or all of the area
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proposed to be annexed or the proposed annexing county;
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(B) provide a written report setting forth the economic analysis; and
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(C) complete the economic analysis and written report and provide a copy of the written
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report to the county legislative bodies no later than 60 days after being engaged to perform the
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economic analysis.
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(iii) (A) If the results of the economic analysis show that the average annual amount of
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revenues under Subsection (2)(b)(ii)(A)(III) exceeds the average annual amount of costs under
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Subsection (2)(b)(ii)(A)(II) by more than 5%, an election on the annexation issue may not be held
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under Subsection (2)(c) and the proposed annexation may not occur.
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(B) (I) If the results of the economic analysis show that the average annual amount of costs
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under Subsection (2)(b)(ii)(A)(II) exceeds the average annual amount of revenues under
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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
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delivering a copy of the resolution to the legislative body of the county in which the area proposed
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to be annexed is located.
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(II) A resolution terminating annexation proceedings under Subsection (2)(b)(iii)(B)(I)
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may not be adopted more than 30 days after the consultant submits a written report of the
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economic analysis under Subsection (2)(b)(ii)(C).
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(C) (I) If the results of the economic analysis show that the average annual amount of
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revenues under Subsection (2)(b)(ii)(A)(III) does not exceed the average annual amount of costs
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under Subsection (2)(b)(ii)(A)(II) by more than 5% and a resolution terminating the annexation
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proceedings under Subsection (2)(b)(iii)(B) has not been adopted, the legislative body of the
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county in which the area proposed for annexation is located and the legislative body of the
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annexing county shall submit the question of annexation to the voters of the area proposed for
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annexation and the voters of the annexing county, respectively, at the next regular general election
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that is more than 210 days after the governor signs the concurrent resolution.
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(II) Before an election is held under Subsection (2)(b)(iii)(C)(I), the legislative body of the
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county in which the area proposed to be annexed is located and the legislative body of the
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proposed annexing county shall publicly distribute in their respective counties the results of the
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economic analysis.
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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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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
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governor.
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(2) (a) In an election held under Subsection
17-2-6
(1), if it appears from the certified
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abstract that a majority of those voting in each county have voted in favor of such annexation, the
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lieutenant 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
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the 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] voters living in the area proposed for annexation have voted
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in favor of annexation; and
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(ii) a majority of [those voting] voters living in the county to which the area is proposed
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to be annexed have voted in favor of annexation.
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Section 3. 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.
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