Except as provided in Section 10-2-418, the process to annex an unincorporated area to a municipality is initiated by a petition as provided in this section.
Terms Used In Utah Code 10-2-403
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;
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
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
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
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Before filing a petition under Subsection (1), the person or persons intending to file a petition shall:
(A)
file with the city recorder or town clerk of the proposed annexing municipality a notice of intent to file a petition; and
(B)
send a copy of the notice of intent to each affected entity.
(ii)
Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the area that is proposed to be annexed.
(b)
(i)
Subject to Subsection (2)(b)(ii), the county in which the area proposed to be annexed is located shall:
(A)
mail the notice described in Subsection (2)(b)(iii) to:
(I)
each owner of real property located within the area proposed to be annexed; and
(II)
each owner of real property located within 300 feet of the area proposed to be annexed; and
(B)
send to the proposed annexing municipality a copy of the notice and a certificate indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).
(ii)
The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20 days after receiving from the person or persons who filed the notice of intent:
(A)
a written request to mail the required notice; and
(B)
payment of an amount equal to the county’s expected actual cost of mailing the notice.
(iii)
Each notice required under Subsection (2)(b)(i)(A) shall:
(A)
be in writing;
(B)
state, in bold and conspicuous terms, substantially the following: “Attention: Your property may be affected by a proposed annexation. Records show that you own property within an area that is intended to be included in a proposed annexation to (state the name of the proposed annexing municipality) or that is within 300 feet of that area. If your property is within the area proposed for annexation, you may be asked to sign a petition supporting the annexation. You may choose whether to sign the petition. By signing the petition, you indicate your support of the proposed annexation. If you sign the petition but later change your mind about supporting the annexation, you may withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk of (state the name of the proposed annexing municipality) within 30 days after (state the name of the proposed annexing municipality) receives notice that the petition has been certified. There will be no public election on the proposed annexation because Utah law does not provide for an annexation to be approved by voters at a public election. Signing or not signing the annexation petition is the method under Utah law for the owners of property within the area proposed for annexation to demonstrate their support of or opposition to the proposed annexation. You may obtain more information on the proposed annexation by contacting (state the name, mailing address, telephone number, and email address of the official or employee of the proposed annexing municipality designated to respond to questions about the proposed annexation), (state the name, mailing address, telephone number, and email address of the county official or employee designated to respond to questions about the proposed annexation), or (state the name, mailing address, telephone number, and email address of the person who filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the notice of intent, one of those persons). Once filed, the annexation petition will be available for inspection and copying at the office of (state the name of the proposed annexing municipality) located at (state the address of the municipal offices of the proposed annexing municipality).”; and
(C)
be accompanied by an accurate map identifying the area proposed for annexation.
(iv)
A county may not mail with the notice required under Subsection (2)(b)(i)(A) any other information or materials related or unrelated to the proposed annexation.
(c)
(i)
After receiving the certificate from the county as provided in Subsection (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons who filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition for the annexation proposed in the notice of intent.
(ii)
An annexation petition provided by the proposed annexing municipality may be duplicated for circulation for signatures.
(3)
Each petition under Subsection (1) shall:
(a)
be filed with the applicable city recorder or town clerk of the proposed annexing municipality;
(b)
contain the signatures of, if all the real property within the area proposed for annexation is owned by a public entity other than the federal government, the owners of all the publicly owned real property, or the owners of private real property that:
(i)
is located within the area proposed for annexation;
(ii)
(A)
subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area within the area proposed for annexation;
(B)
covers 100% of all of the rural real property within the area proposed for annexation; and
(C)
covers 100% of all of the private land area within the area proposed for annexation or a migratory bird production area created under Title 23, Chapter 28, Migratory Bird Production Area; and
(iii)
is equal in value to at least 1/3 of the value of all private real property within the area proposed for annexation;
(c)
be accompanied by:
(i)
an accurate and recordable map, prepared by a licensed surveyor in accordance with Section 17-23-20, of the area proposed for annexation; and
(ii)
a copy of the notice sent to affected entities as required under Subsection (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
(d)
contain on each signature page a notice in bold and conspicuous terms that states substantially the following: “Notice: • There will be no public election on the annexation proposed by this petition because Utah law does not provide for an annexation to be approved by voters at a public election. • If you sign this petition and later decide that you do not support the petition, you may withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk of (state the name of the proposed annexing municipality). If you choose to withdraw your signature, you shall do so no later than 30 days after (state the name of the proposed annexing municipality) receives notice that the petition has been certified.”;
(e)
if the petition proposes a cross-county annexation, as defined in Section 10-2-402.5, be accompanied by a copy of the resolution described in Subsection 10-2-402.5(4)(a)(iii)(A); and
(f)
designate up to five of the signers of the petition as sponsors, one of whom shall be designated as the contact sponsor, and indicate the mailing address of each sponsor.
(4)
A petition under Subsection (1) may not propose the annexation of all or part of an area proposed for annexation to a municipality in a previously filed petition that has not been denied, rejected, or granted.
(5)
If practicable and feasible, the boundaries of an area proposed for annexation shall be drawn:
(a)
along the boundaries of existing special districts and special service districts for sewer, water, and other services, along the boundaries of school districts whose boundaries follow city boundaries or school districts adjacent to school districts whose boundaries follow city boundaries, and along the boundaries of other taxing entities;
(b)
to eliminate islands and peninsulas of territory that is not receiving municipal-type services;
(c)
to facilitate the consolidation of overlapping functions of local government;
(d)
to promote the efficient delivery of services; and
(e)
to encourage the equitable distribution of community resources and obligations.
(6)
On the date of filing, the petition sponsors shall deliver or mail a copy of the petition to the clerk of the county in which the area proposed for annexation is located.
(7)
A property owner who signs an annexation petition may withdraw the owner’s signature by filing a written withdrawal, signed by the property owner, with the city recorder or town clerk no later than 30 days after the municipal legislative body’s receipt of the notice of certification under Subsection 10-2-405(2)(c)(i).
Amended by Chapter 16, 2023 General Session Amended by Chapter 478, 2023 General Session
