Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 140 (2017GS)

Sponsor

Sen. Buxton, D. G.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• clarifies provisions regarding municipal annexation of certain unincorporated islands;
• modifies annexation procedures to allow a municipality to annex certain unincorporated islands without allowing or considering protests under certain circumstances;
• provides for a recommendation of annexation from a county legislative body; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ANNEXATION OF ISLANDS WITHIN CITIES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: D. Gregg Buxton
House Sponsor: 
 Gage Froerer
LONG TITLE
General Description:
This bill addresses municipal annexation of unincorporated islands.
Highlighted Provisions:
This bill:
▸ clarifies provisions regarding municipal annexation of certain unincorporated
islands;
▸ modifies annexation procedures to allow a municipality to annex certain
unincorporated islands without allowing or considering protests under certain
circumstances;
▸ provides for a recommendation of annexation from a county legislative body; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-2-402
, as last amended by Laws of Utah 2015, Chapters 352 and 462
10-2-418
, as last amended by Laws of Utah 2015, Chapter 352
10-2a-402
, as enacted by Laws of Utah 2015, Chapter 352
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-2-402
 is amended to read:
10-2-402.
Annexation -- Limitations.
(1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
annexed to the municipality as provided in this part.
(b) An unincorporated area may not be annexed to a municipality unless:
(i) it is a contiguous area;
(ii) it is contiguous to the municipality;
(iii) annexation will not leave or create an unincorporated island or unincorporated
peninsula:
(A) except as provided in Subsection [
10-2-418
(2)(b);
] 
10-2-418
(3);
 or
(B) unless the county and municipality have otherwise agreed; and
(iv) for an area located in a specified county with respect to an annexation that occurs
after December 31, 2002, the area is within the proposed annexing municipality's expansion
area.
(2) Except as provided in Section 
10-2-418
, a municipality may not annex an
unincorporated area unless a petition under Section 
10-2-403
 is filed requesting annexation.
(3) (a) An annexation under this part may not include part of a parcel of real property
and exclude part of that same parcel unless the owner of that parcel has signed the annexation
petition under Section 
10-2-403
.
(b) A piece of real property that has more than one parcel number is considered to be a
single parcel for purposes of Subsection (3)(a) if owned by the same owner.
(4) A municipality may not annex an unincorporated area in a specified county for the
sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to
annex the same or a related area unless the municipality has the ability and intent to benefit the
annexed area by providing municipal services to the annexed area.
(5) The legislative body of a specified county may not approve urban development
within a municipality's expansion area unless:
(a) the county notifies the municipality of the proposed development; and
(b) (i) the municipality consents in writing to the development; or
(ii) (A) within 90 days after the county's notification of the proposed development, the
municipality submits to the county a written objection to the county's approval of the proposed
development; and
(B) the county responds in writing to the municipality's objections.
(6) (a) An annexation petition may not be filed under this part proposing the
annexation of an area located in a county that is not the county in which the proposed annexing
municipality is located unless the legislative body of the county in which the area is located has
adopted a resolution approving the proposed annexation.
(b) Each county legislative body that declines to adopt a resolution approving a
proposed annexation described in Subsection (6)(a) shall provide a written explanation of its
reasons for declining to approve the proposed annexation.
(7) (a) As used in this Subsection (7), "airport" means an area that the Federal Aviation
Administration has, by a record of decision, approved for the construction or operation of a
Class I, II, or III commercial service airport, as designated by the Federal Aviation
Administration in 14 C.F.R. Part 139.
(b) A municipality may not annex an unincorporated area within 5,000 feet of the
center line of any runway of an airport operated or to be constructed and operated by another
municipality unless the legislative body of the other municipality adopts a resolution
consenting to the annexation.
(c) A municipality that operates or intends to construct and operate an airport and does
not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b)
may not deny an annexation petition proposing the annexation of that same area to that
municipality.
(8) (a) A municipality may not annex an unincorporated area located within a project
area described in a project area plan adopted by the military installation development authority
under Title 63H, Chapter 1, Military Installation Development Authority Act, without the
authority's approval.
(b) (i) Except as provided in Subsection (8)(b)(ii), the Military Installation
Development Authority may petition for annexation of a project area and contiguous
surrounding land to a municipality as if it was the sole private property owner of the project
area and surrounding land, if the area to be annexed is entirely contained within the boundaries
of a military installation.
(ii) Before petitioning for annexation under Subsection (8)(b)(i), the Military
Installation Development Authority shall provide the military installation with a copy of the
petition for annexation. The military installation may object to the petition for annexation
within 14 days of receipt of the copy of the annexation petition. If the military installation
objects under this Subsection (8)(b)(ii), the Military Installation Development Authority may
not petition for the annexation as if it was the sole private property owner.
(iii) If any portion of an area annexed under a petition for annexation filed by a
Military Installation Development Authority is located in a specified county:
(A) the annexation process shall follow the requirements for a specified county; and
(B) the provisions of Subsection 
10-2-402
(6) do not apply.
Section 2. Section 
10-2-418
 is amended to read:
10-2-418.
Annexation of an island or peninsula without a petition -- Notice --
Hearing.
(1) [
For
] 
As used in Subsection (2)(b)(ii), for
 purposes of an annexation conducted in
accordance with this section of an area located within a county of the first class,
"municipal-type services" [
for purposes of Subsection (2)(a)(ii)(B)
] does not include a service
provided by a municipality pursuant to a contract that the municipality has with another
political subdivision as "political subdivision" is defined in Section 
17B-1-102
.
(2) [
(a)
] Notwithstanding Subsection 
10-2-402
(2), a municipality may annex an
unincorporated area under this section without an annexation petition if:
[
(i) (A) 
] 
(a) (i)
 the area to be annexed consists of one or more unincorporated islands
within or unincorporated peninsulas contiguous to the municipality;
[
(B)
] 
(ii)
 the majority of each island or peninsula consists of residential or commercial
development;
[
(C)
] 
(iii)
 the area proposed for annexation requires the delivery of municipal-type
services; and
[
(D)
] 
(iv)
 the municipality has provided most or all of the municipal-type services to
the area for more than one year;
[
(ii) (A) 
] 
(b) (i)
 the area to be annexed consists of one or more unincorporated islands
within or unincorporated peninsulas contiguous to the municipality, each of which has fewer
than 800 residents; and
[
(B)
] 
(ii)
 the municipality has provided one or more municipal-type services to the area
for at least one year; [
or
]
[
(iii) (A) 
] 
(c) (i)
 the area consists of:
[
(I)
] 
(A)
 an unincorporated island within or an unincorporated peninsula contiguous to
the municipality; and
[
(II)
] 
(B)
 for an area outside of the county of the first class proposed for annexation, no
more than 50 acres; and
[
(B)
] 
(ii)
 the county in which the area is located, subject to Subsection [
(3)(b)
] 
(4)(b)
,
and the municipality agree that the area should be included within the municipality[
.
]
; or
 (d) (i) the area to be annexed consists of one or more unincorporated islands in a
county of the second class;
(ii) the area to be annexed is located in the expansion area of a municipality; and
(iii) the county legislative body in which the municipality is located provides notice to
each property owner within the area to be annexed that:
(A) the county legislative body will hold a public hearing, no less than 15 days after the
day on which the county legislative body provides the notice; and
(B) after the public hearing the county legislative body may make a recommendation of
annexation to the municipality whose expansion area includes the area to be annexed.
[
(b)
] 
(3)
 Notwithstanding Subsection 
10-2-402
(1)(b)(iii), a municipality may annex a
portion of an unincorporated island or unincorporated peninsula under this section, leaving
unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
[
(i)
] 
(a)
 in adopting the resolution under Subsection [
(4)(a)(i),
] 
(5)(a)
 the municipal
legislative body determines that not annexing the entire unincorporated island or
unincorporated peninsula is in the municipality's best interest; and
[
(ii)
] 
(b)
 for an annexation of one or more unincorporated islands under Subsection
[
(2)(a)(ii)
] 
(2)(b)
, the entire island of unincorporated area, of which a portion is being annexed,
complies with the requirement of Subsection [
(2)(a)(ii)(A)
] 
(2)(b)(i)
 relating to the number of
residents.
[
(3)
] 
(4)
 (a) This Subsection [
(3)
] 
(4)
 applies only to an annexation within a county of
the first class.
(b) A county of the first class shall agree to [
the
] 
an
 annexation if the majority of
private property owners within the area to be annexed [
has indicated in writing, subject to
Subsection (3)(d), to the city or town recorder of the annexing city or town the private property
owners' consent to be annexed into the municipality.
] 
give written consent to the annexation, in
accordance with Subsection (4)(d), to the recorder of the annexing municipality.
(c) For purposes of Subsection [
(3)(b)
] 
(4)(b)
, the majority of private property owners
is property owners who own:
(i) the majority of the total private land area within the area proposed for annexation;
and
(ii) private real property equal to at least one half the value of private real property
within the area proposed for annexation.
(d) [
(i)
] A property owner consenting to annexation shall indicate the property owner's
consent on a form which includes language in substantially the following form:
"Notice: If this written consent is used to proceed with an annexation of your property
in accordance with Utah Code Section 
10-2-418
, no public election is required by law to
approve the annexation. If you sign this consent and later decide you do not want to support
the annexation of your property, you may withdraw your signature by submitting a signed,
written withdrawal with the recorder or clerk of [name of annexing municipality]. If you
choose to withdraw your signature, you must do so no later than the close of the public hearing
on the annexation conducted in accordance with Utah Code Subsection [
10-2-418
(4)(a)(iv)
]
10-2-418
(4)(d)
.".
(e) A private property owner may withdraw the property owner's signature indicating
consent by submitting a signed, written withdrawal with the recorder or clerk no later than the
close of the public hearing held in accordance with Subsection [
(4)(a)(iv)
] 
(5)(d)
.
[
(4) (a)
] 
(5)
 The legislative body of each municipality intending to annex an area under
this section shall:
[
(i)
] 
(a)
 adopt a resolution indicating the municipal legislative body's intent to annex
the area, describing the area proposed to be annexed;
[
(ii)
] 
(b)
 publish notice:
[
(A) (I)
] 
(i) (A)
 at least once a week for three successive weeks in a newspaper of
general circulation within the municipality and the area proposed for annexation; or
[
(II)
] 
(B)
 if there is no newspaper of general circulation in the areas described in
Subsection [
(4)(a)(ii)(A)
] 
(5)(b)(i)(A)
, post at least one notice per 1,000 population in places
within those areas that are most likely to give notice to the residents of those areas; and
[
(B)
] 
(ii)
 on the Utah Public Notice Website created in Section 
63F-1-701
, for three
weeks;
[
(iii)
] 
(c)
 send written notice to
:
 (i)
 the board of each local district and special service district whose boundaries
contain some or all of the area proposed for annexation
;
 and [
to
]
(ii)
 the legislative body of the county in which the area proposed for annexation is
located; and
[
(iv)
] 
(d)
 hold a public hearing on the proposed annexation no earlier than 30 days after
the adoption of the resolution under Subsection [
(4)(a)(i)
] 
(5)(a)
.
(6) The legislative body of the annexing municipality shall ensure that:
[
(b) Each
] 
(a) each
 notice under Subsections [
(4)(a)(ii) and (iii) shall
] 
(5)(b) and (c)
:
(i) [
state
] 
states
 that the municipal legislative body has adopted a resolution indicating
its intent to annex the area proposed for annexation;
(ii) [
state
] 
states
 the date, time, and place of the public hearing under Subsection
[
(4)(a)(iv)
] 
(5)(d)
;
(iii) [
describe
] 
describes
 the area proposed for annexation; and
(iv) except for an annexation that meets the property owner consent requirements of
Subsection [
(5)(b), state
] 
(7)(b) or the recommendation of annexation requirements of
Subsection (7)(c), states
 in conspicuous and plain terms that the municipal legislative body will
annex the area unless, at or before the public hearing under Subsection [
(4)(a)(iv)
] 
(5)(d)
,
written protests to the annexation are filed by the owners of private real property that:
(A) is located within the area proposed for annexation;
(B) covers a majority of the total private land area within the entire area proposed for
annexation; and
(C) is equal in value to at least 1/2 the value of all private real property within the
entire area proposed for annexation[
.
]
; and
[
(c) The
] 
(b) the
 first publication of the notice required under Subsection [
(4)(a)(ii)(A)
shall be
] 
(5)(b)(i) occurs
 within 14 days of the municipal legislative body's adoption of a
resolution under Subsection [
(4)(a)(i)
] 
(5)(a)
.
[
(5) (a) Upon
] 
(7) (a) Except as provided in Subsections (7)(b)(i) and (7)(c)(i), upon
conclusion of the public hearing under Subsection [
(4)(a)(iv)
] 
(5)(d)
, the municipal legislative
body may adopt an ordinance approving the annexation of the area proposed for annexation
under this section unless, at or before the hearing, written protests to the annexation have been
filed with the [
city recorder or town clerk, as the case may be,
] 
recorder or clerk of the
municipality
 by the owners of private real property that:
(i) is located within the area proposed for annexation;
(ii) covers a majority of the total private land area within the entire area proposed for
annexation; and
(iii) is equal in value to at least 1/2 the value of all private real property within the
entire area proposed for annexation.
(b) (i) [
Upon
] 
Notwithstanding Subsection (7)(a), upon
 conclusion of the public hearing
under Subsection [
(4)(a)(iv),
] 
(5)(d)
 a municipality may adopt an ordinance approving the
annexation of the area proposed for annexation under this section without allowing or
considering protests under Subsection [
(5)(a)
] 
(7)(a)
 if the owners of at least 75% of the total
private land area within the entire area proposed for annexation, representing at least 75% of
the value of the private real property within the entire area proposed for annexation, have
consented in writing to the annexation.
(ii) Upon the effective date under Section 
10-2-425
 of an annexation approved by an
ordinance adopted under Subsection [
(5)(b)(i)
] 
(7)(b)(i)
, the area annexed [
shall be
] 
is
conclusively presumed to be validly annexed.
 (c) (i) Notwithstanding Subsection (7)(a), upon conclusion of the public hearing under
Subsection (5)(d), a municipality may adopt an ordinance approving the annexation of an area
that the county legislative body proposes for annexation under this section without allowing or
considering protests under Subsection (7)(a) if the county legislative body has formally
recommended annexation to the annexing municipality and has made a formal finding that:
(A) the area to be annexed can be more efficiently served by the municipality than by
the county;
(B) the area to be annexed is not likely to be naturally annexed by the municipality in
the future as the result of urban development;
(C) annexation of the area is likely to facilitate the consolidation of overlapping
functions of local government; and
(D) annexation of the area is likely to result in an equitable distribution of community
resources and obligations.
(ii) The county legislative body may base the finding required in Subsection
(7)(c)(i)(B) on:
(A) existing development in the area;
(B) natural or other conditions that may limit the future development of the area; or
(C) other factors that the county legislative body considers relevant.
(iii) A county legislative body may make the recommendation for annexation required
in Subsection (7)(c)(i) for only a portion of an unincorporated island if, as a result of
information provided at the public hearing, the county legislative body makes a formal finding
that it would be equitable to leave a portion of the island unincorporated.
(iv) If a county legislative body has made a recommendation of annexation under
Subsection (7)(c)(i):
(A) the relevant municipality is not required to proceed with the recommended
annexation; and
(B) if the relevant municipality proceeds with annexation, the municipality shall annex
the entire area that the county legislative body recommended for annexation.
(v) Upon the effective date under Section 
10-2-425
 of an annexation approved by an
ordinance adopted under Subsection (7)(c)(i), the area annexed is conclusively presumed to be
validly annexed.
[
(6) (a) If
] 
(8) (a) Except as provided in Subsections (7)(b)(i) and (7)(c)(i), if
 protests
are timely filed that comply with Subsection [
(5)
] 
(7)(a)
, the municipal legislative body may
not adopt an ordinance approving the annexation of the area proposed for annexation, and the
annexation proceedings under this section shall be considered terminated.
(b) Subsection [
(6)(a) may not be construed to
] 
(8)(a) does not
 prohibit the municipal
legislative body from excluding from a proposed annexation under Subsection [
(2)(a)(ii)
]
(2)(b)
 the property within an unincorporated island regarding which protests have been filed
and proceeding under Subsection [
(2)(b)
] 
(3)
 to annex some or all of the remaining portion of
the unincorporated island.
Section 3. Section 
10-2a-402
 is amended to read:
10-2a-402.
Application.
(1) The provisions of this part:
[
(a) apply to the following located in a county of the first class:
]
[
(i)
] 
(a) apply to
 a planning township 
that is:
 (i) located in a county of the first class; and
 (ii)
 established before January 1, 2015; and
[
(ii) subject to Subsection (2), an unincorporated island located in a county of the first
class on or after May 12, 2015, and before November 4, 2015; and
]
(b) do not apply to a planning advisory area, as defined in Section 
17-27a-103
, or any
other unincorporated area located outside of a county of the first 
or second
 class.
(2) (a) The provisions of Part 2, Incorporation of a City, and Part 3, Incorporation of a
Town, apply to an unincorporated area described in Subsection (1) for an incorporation as a
city after November 3, 2015.
(b) The provisions of Chapter 2, Part 4, Annexation[
:
] 
apply to an unincorporated
island that is not annexed at an election under this part for purposes of annexation on or after
November 4, 2015.
[
(i) do not apply to an unincorporated island for purposes of annexation before
November 4, 2015, unless:
]
[
(A) otherwise indicated; or
]
[
(B) before July 1, 2015, an annexation petition is filed in accordance with Section
10-2-403
 or an intent to annex resolution is adopted in accordance with Subsection
10-2-418
(2)(a)(i); and
]
[
(ii) apply to an unincorporated island that is not annexed at an election under this part
for purposes of annexation on or after November 4, 2015.
]
Legislative Review Note
Office of Legislative Research and General Counsel