17-2-203. Annexation of portion of county to adjoining county — Petition — Certification of petition signatures — Removal of signature — Election — Ballot.
(1)
Terms Used In Utah Code 17-2-203
Annexing county: means the county to which a portion of an adjoining county is annexed or proposed to be annexed as provided in this part. See Utah Code 17-2-202
Initiating county: means the county, from which a portion is annexed or proposed to be annexed to an adjoining county. See Utah Code 17-2-202
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(a)
the power and duty to enact ordinances, levy taxes, and establish budgets; and
(b)
those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
Except as provided in Section 17-2-209, if a majority of the legal voters of any portion of any county, in number equal to a majority of the votes cast at the preceding general election within that portion of the county, desire to have the territory within which they reside included within the boundaries of an adjoining county, they may petition the county legislative body of the county in which they reside and the county legislative body of the adjoining county.
(b)
Each petition under Subsection (1)(a) shall be presented before the first Monday in June of a year during which a general election is held.
(c)
If a petition is presented under Subsection (1)(a), at the ensuing regular general election:
(i)
the legislative body of the initiating county shall cause the proposition to be submitted to the legal voters residing in the initiating county; and
(ii)
the legislative body of the annexing county shall cause the proposition to be submitted to the legal voters of the annexing county.
(2)
(a)
Within three business days after the day on which a county legislative body receives a petition under Subsection (1), the county legislative body shall provide the petition to the county clerk.
(b)
Within 14 days after the day on which a county clerk receives a petition from the county legislative body under Subsection (2)(a), the county clerk shall:
(i)
use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (1);
(ii)
certify on the petition whether each name is that of a registered voter in the county; and
(iii)
deliver the certified petition to the county legislative body.
(3)
(a)
A voter who signs a petition under this section may have the voter’s signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the voter’s signature be removed.
(b)
A statement described in Subsection (3)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).
(c)
The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual’s signature from a petition after receiving a timely, valid statement requesting removal of the signature.
(4)
(a)
Except as otherwise provided, the election provided in Subsection (1) shall be held, the results canvassed, and returns made under the provisions of the general election laws of the state.
(b)
The ballot to be used shall be: For annexing a portion of ____ county to ____ county. Against annexing a portion of ____ county to ____ county.
