Utah Code 10-2-402.5. Cross-county annexation

10-2-402.5. Cross-county annexation — Requirements.

(1)

As used in this section:

Terms Used In Utah Code 10-2-402.5

Affected entity: means :

(i)	a county of the first or second class in whose unincorporated area the area proposed for annexation is located;

(ii)	a county of the third, fourth, fifth, or sixth class in whose unincorporated area the area proposed for annexation is located, if the area includes residents or commercial or industrial development;

(iii)

a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, whose boundary includes any part of an area proposed for annexation;

(iv)	a school district whose boundary includes any part of an area proposed for annexation, if the boundary is proposed to be adjusted as a result of the annexation; and

(v)

a municipality whose boundaries are within 1/2 mile of an area proposed for annexation. See Utah Code 10-2-401

Annexation petition: means a petition under Section 10-2-403 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality. See Utah Code 10-2-401

Expansion area: means the unincorporated area that is identified in an annexation policy plan under Section 10-2-401. See Utah Code 10-2-401

Feasibility consultant: means a person or firm with expertise in the processes and economics of local government. See Utah Code 10-2-401

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Municipality: means :

(a)	a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;

(b)	a town, as classified in Section 10-2-301; or

(c)

a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104

Peninsula: when used to describe an unincorporated area, means an area surrounded on more than 1/2 of its boundary distance, but not completely, by incorporated territory and situated so that the length of a line drawn across the unincorporated area from an incorporated area to an incorporated area on the opposite side shall be less than 25% of the total aggregate boundaries of the unincorporated area. See Utah Code 10-1-104

Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104

Property: includes both real and personal property. See Utah Code 68-3-12.5

Unincorporated: means not within a municipality. See Utah Code 10-1-104

(a)

“Affected county” means the county in which an area proposed for cross-county annexation is located.

(b)

“Affected municipality” means a municipality:

(i)	located in an affected county; and

(ii)	whose expansion area includes the area proposed for cross-county annexation.

(c)	“Applicant” means a person intending to file an annexation petition proposing a cross-county annexation.

(d)	“Cross-county annexation” means the annexation of an area located in a county that is not the county in which the proposed annexing municipality is located.

(e)	“Specified public utility” means the same as that term is defined in Section 10-9a-103.

(2)

An applicant may not file a petition under Section 10-2-403 proposing a cross-county annexation unless:

(a)

the applicant sends a written notice of intent to file a petition proposing a cross-county annexation to the legislative body of each affected municipality describing:

(i)	the area proposed for cross-county annexation; and

(ii)	the proposed annexing municipality;

(b)	the proposed annexing municipality adopts or amends the municipality’s annexation policy plan under Section 10-2-401.5 to include the area proposed for cross-county annexation within the proposed annexing municipality’s expansion area;

(c)

the applicant files a request to approve the proposed cross-county annexation with the legislative body of the affected county:

(i)	no sooner than 90 days after the day on which the applicant sends the written notice described in Subsection (2)(a) to each affected municipality; and

(ii)	no later than 180 days after the day on which the applicant sends the written notice described in Subsection (2)(a) to each affected municipality;

(d)	a feasibility consultant conducts a feasibility study in accordance with Subsection (3), unless the feasibility study is waived under Subsection (3)(b); and

(e)

the legislative body of the affected county:

(i)	holds a public hearing in accordance with Subsection (4); and

(ii)	adopts the resolution described in Subsection (4)(a)(iii)(A).

(3)

(a)

Within 60 days after the day on which a legislative body of an affected county receives the request described in Subsection (2)(c), or within a time period longer than 60 days if agreed to by the legislative body of the affected county and the applicant, the legislative body of the affected county and the applicant shall jointly select and engage a feasibility consultant to:

(i)	conduct a feasibility study on the proposed cross-county annexation; and

(ii)	submit written results of the feasibility study to the legislative body of the affected county and the applicant no later than 90 days after the day on which the feasibility consultant is engaged to conduct the feasibility study.

(b)	The legislative body of the affected county may waive the requirement for a feasibility study under Subsection (3)(a).

(c)

The feasibility study under Subsection (3)(a) shall determine:

(i)	whether the proposed cross-county annexation eliminates, leaves, or creates an unincorporated island or unincorporated peninsula;

(ii)

the fiscal impact of the proposed cross-county annexation on:

(A)	the affected county;

(B)	affected municipalities;

(C)	specified public utilities that serve the area proposed for cross-county annexation; and

(D)	affected entities;

(iii)

the estimated cost that the proposed annexing municipality would incur to provide governmental services in the area proposed for cross-county annexation during the current fiscal year;

(iv)	the estimated revenue that the proposed annexing municipality would receive from the area proposed for cross-county annexation during the current fiscal year; and

(v)

(A)	each entity that has provided municipal-type services in the area proposed for cross-county annexation;

(B)	the methods under which each entity described in Subsection (3)(c)(v)(A) has provided municipal-type services in the area proposed for cross-county annexation; and

(C)	the feasibility of the proposed annexing municipality providing municipal-type services in the area proposed for cross-county annexation.

(d)

For purposes of Subsection (3)(c)(iv), the feasibility consultant shall assume that the ad valorem property tax rate on property within the area proposed for cross-county annexation is the same property tax rate that the proposed annexing municipality currently imposes on property within the municipality.

(e)	The applicant and the affected county shall share equally the feasibility consultant fees and expenses.

(4)

(a)

A legislative body of an affected county shall hold, within 30 days after the day on which the legislative body receives the written results of the feasibility study under Subsection (3)(a) or waives the requirement for a feasibility study under Subsection (3)(b), a public hearing to:

(i)	determine whether the requirements described in Subsections (2)(a) and (b) have been met;

(ii)	consider the results of the feasibility study under Subsection (3)(a), unless the feasibility study is waived under Subsection (3)(b); and

(iii)

(A)	adopt a resolution approving the proposed cross-county annexation; or

(B)	adopt a resolution rejecting the proposed cross-county annexation.

(b)

The legislative body of the affected county shall send, at least 15 days before the day on which the public hearing described in Subsection (4)(a) occurs, written notice of the public hearing to:

(i)	the applicant;

(ii)

each residence within, and to each owner of real property located within:

(A)	the area proposed for cross-county annexation; and

(B)	300 feet of the area proposed for cross-county annexation;

(iii)

the legislative body of:

(A)	the proposed annexing municipality; and

(B)	the county in which the proposed annexing municipality is located;

(iv)	each specified public utility that serves the area proposed for cross-county annexation;

(v)	each affected municipality; and

(vi)	each affected entity.

(c)	At the public hearing described in Subsection (4)(a), the legislative body of the affected county shall allow the individuals present to speak to the proposed cross-county annexation.

(d)

A legislative body of an affected county may not adopt a resolution rejecting a proposed cross-county annexation under this section unless the legislative body determines that:

(i)	the requirements described in Subsections (2)(a) and (b) have not been met; or

(ii)

the results of the feasibility study under Subsection (3)(a) show that:

(A)	the proposed cross-county annexation would impose a substantial burden on the affected county;

(B)	the estimated revenue under Subsection (3)(c)(iv) exceeds the estimated cost to provide governmental services under Subsection (3)(c)(iii) by more than 5%; or

(C)	it would not be feasible for the proposed annexing municipality to provide municipal-type services in the area proposed for cross-county annexation.

(e)	A legislative body of an affected county that adopts a resolution rejecting a proposed cross-county annexation under this section shall provide to the applicant a written explanation of the legislative body’s decision.

(f)	A legislative body of an affected county may adopt a resolution approving a proposed cross-county annexation under this section regardless of the results of a feasibility study under Subsection (3)(a).

(5)

(a)

A party adversely affected by a legislative body of an affected county’s decision under Subsection (4)(a) may, within 30 days after the day on which the legislative body issues the legislative body’s decision, file a petition for review of the decision in the district court with jurisdiction in the affected county.

(b)	The district court shall defer to the legislative body of the affected county’s decision under Subsection (4)(a) unless the court determines that the decision is arbitrary, capricious, or unlawful.

(6)	Section 10-2-418 does not apply to a cross-county annexation.

Enacted by Chapter 112, 2021 General Session

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Utah Code 10-2-402.5. Cross-county annexation — Requirements

Terms Used In Utah Code 10-2-402.5