Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 5004 First Substitute (2020S5)

Sponsor

Sen. Buxton, D. G.

Final action

Governor Signed 6/29/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows a person to file a notice of intent to file a petition for annexation within a certain time period;
• clarifies the applicability of certain limitations regarding the annexation of an area proposed for incorporation; and
• makes technical changes.

Every vote on this bill

Bill text

MUNICIPAL ANNEXATION AMENDMENTS
FIFTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: David G. Buxton
House Sponsor: 
Steve Waldrip
LONG TITLE
General Description:
This bill amends provisions related to municipal annexation.
Highlighted Provisions:
This bill:
▸ allows a person to file a notice of intent to file a petition for annexation within a
certain time period;
▸ clarifies the applicability of certain limitations regarding the annexation of an area
proposed for incorporation; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-2-401.5
, as enacted by Laws of Utah 2001, Chapter 206
10-2-402
, as last amended by Laws of Utah 2020, Chapters 113 and 208
10-2-403
, as last amended by Laws of Utah 2020, Chapter 139
10-2-418
, as last amended by Laws of Utah 2020, Chapters 139 and 208
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-2-401.5
 is amended to read:
10-2-401.5.
Annexation policy plan.
(1) After December 31, 2002, no municipality may annex an unincorporated area
located within a specified county unless the municipality has adopted an annexation policy plan
as provided in this section.
(2) To adopt an annexation policy plan:
(a) the planning commission shall:
(i) prepare a proposed annexation policy plan that complies with Subsection (3);
(ii) hold a public meeting to allow affected entities to examine the proposed annexation
policy plan and to provide input on it;
(iii) provide notice of the public meeting under Subsection (2)(a)(ii) to each affected
entity at least 14 days before the meeting;
(iv) accept and consider any additional written comments from affected entities until
10 days after the public meeting under Subsection (2)(a)(ii);
(v) before holding the public hearing required under Subsection (2)(a)(vi), make any
modifications to the proposed annexation policy plan the planning commission considers
appropriate, based on input provided at or within 10 days after the public meeting under
Subsection (2)(a)(ii);
(vi) hold a public hearing on the proposed annexation policy plan;
(vii) provide reasonable public notice, including notice to each affected entity, of the
public hearing required under Subsection (2)(a)(vi) at least 14 days before the date of the
hearing;
(viii) make any modifications to the proposed annexation policy plan the planning
commission considers appropriate, based on public input provided at the public hearing; and
(ix) submit its recommended annexation policy plan to the municipal legislative body;
and
(b) the municipal legislative body shall:
(i) hold a public hearing on the annexation policy plan recommended by the planning
commission;
(ii) provide reasonable notice, including notice to each affected entity, of the public
hearing at least 14 days before the date of the hearing;
(iii) after the public hearing under Subsection (2)(b)(ii), make any modifications to the
recommended annexation policy plan that the legislative body considers appropriate; and
(iv) adopt the recommended annexation policy plan, with or without modifications.
(3) Each annexation policy plan shall include:
(a) a map of the expansion area which may include territory located outside the county
in which the municipality is located;
(b) a statement of the specific criteria that will guide the municipality's decision
whether or not to grant future annexation petitions, addressing matters relevant to those criteria
including:
(i) the character of the community;
(ii) the need for municipal services in developed and undeveloped unincorporated
areas;
(iii) the municipality's plans for extension of municipal services;
(iv) how the services will be financed;
(v) an estimate of the tax consequences to residents both currently within the municipal
boundaries and in the expansion area; and
(vi) the interests of all affected entities;
(c) justification for excluding from the expansion area any area containing urban
development within 1/2 mile of the municipality's boundary; and
(d) a statement addressing any comments made by affected entities at or within 10 days
after the public meeting under Subsection (2)(a)(ii).
(4) In developing, considering, and adopting an annexation policy plan, the planning
commission and municipal legislative body shall:
(a) attempt to avoid gaps between or overlaps with the expansion areas of other
municipalities;
(b) consider population growth projections for the municipality and adjoining areas for
the next 20 years;
(c) consider current and projected costs of infrastructure, urban services, and public
facilities necessary:
(i) to facilitate full development of the area within the municipality; and
(ii) to expand the infrastructure, services, and facilities into the area being considered
for inclusion in the expansion area;
(d) consider, in conjunction with the municipality's general plan, the need over the next
20 years for additional land suitable for residential, commercial, and industrial development;
(e) consider the reasons for including agricultural lands, forests, recreational areas, and
wildlife management areas in the municipality; and
(f) be guided by the principles set forth in Subsection 
10-2-403
[
(5)
]
(6)
.
(5) Within 30 days after adopting an annexation policy plan, the municipal legislative
body shall submit a copy of the plan to the legislative body of each county in which any of the
municipality's expansion area is located.
(6) Nothing in this chapter may be construed to prohibit or restrict two or more
municipalities in specified counties from negotiating and cooperating with respect to defining
each municipality's expansion area under an annexation policy plan.
Section 2. 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) Except as provided in Subsection (1)(c), 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
(3) or
 (4); 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.
(c) A municipality may annex an unincorporated area within a specified county that
does not meet the requirements of Subsection (1)(b), leaving or creating an unincorporated
island or unincorporated peninsula, if:
(i) the area is within the annexing municipality's expansion area;
(ii) the specified county in which the area is located and the annexing municipality
agree to the annexation;
(iii) the area is not within the area of another municipality's annexation policy plan,
unless the other municipality agrees to the annexation; and
(iv) the annexation is for the purpose of providing municipal services to the 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) (a) As used in this subsection, "expansion area urban development" means:
(i) for a specified county, urban development within a city or town's expansion area; or
(ii) for a county of the first class, urban development within a city or town's expansion
area that:
(A) consists of 50 or more acres;
(B) requires the county to change the zoning designation of the land on which the
urban development is located; and
(C) does not include commercial or industrial development that is located within a
mining protection area as defined in Section 
17-41-101
, regardless of whether the commercial
or industrial development is for a mining use as defined in Section 
17-41-101
.
(b) A county legislative body may not approve expansion area urban development
unless:
(i) the county notifies the city or town of the proposed development; and
(ii) (A) the city or town consents in writing to the development;
(B) within 90 days after the county's notification of the proposed development, the city
or town submits to the county a written objection to the county's approval of the proposed
development and the county responds in writing to the city or town's objection; or
(C) the city or town fails to respond to the county's notification of the proposed
development within 90 days after the day on which the county provides the notice.
(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) As used in this subsection, "project area" means a project area as defined in
Section 
63H-1-102
 that is in a project area plan as defined in Section 
63H-1-102
 adopted by
the Military Installation Development Authority under Title 63H, Chapter 1, Military
Installation Development Authority Act.
(b) A municipality may not annex an unincorporated area located within a project area
without the authority's approval.
(c) (i) Except as provided in Subsection (8)(c)(ii), the Military Installation
Development Authority may petition for annexation of the following areas to a municipality as
if it was the sole private property owner within the area:
(A) an area within a project area;
(B) an area that is contiguous to a project area and within the boundaries of a military
installation;
(C) an area owned by the Military Installation Development Authority; and
(D) an area that is contiguous to an area owned by the Military Installation
Development Authority that the Military Installation Development Authority plans to add to an
existing project area.
(ii) If any portion of an area annexed under a petition for annexation filed by the
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 3. Section 
10-2-403
 is amended to read:
10-2-403.
Annexation petition -- Requirements -- Notice required before filing.
(1) 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.
(2) (a) (i) Before filing a petition under Subsection (1) with respect to the proposed
annexation of an area located in a county of the first class, 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 rural real property as that term is defined in Section 
17B-2a-1107
within the area proposed for annexation; and
(C) covers 100% of the private land area within the area proposed for annexation, if the
area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture,
Industrial, or Critical Infrastructure Materials Protection Areas, 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, 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) if the area proposed to be annexed is located in a county of the first class, 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 the annexation of an area located in a county that is not the
county in which the proposed annexing municipality is located, be accompanied by a copy of
the resolution, required under Subsection 
10-2-402
(6), of the legislative body of the county in
which the area is located; 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) 
(a)
 [
A
] 
Except as provided in Subsection (5)(b), an annexation
 petition under
Subsection (1) may not propose the annexation of an area that includes some or all of an area
proposed to be incorporated in a request for a feasibility study under Section 
10-2a-202
 if:
[
(a)
] 
(i)
 the request was filed before the filing of the annexation petition; and
[
(b)
] 
(ii)
 the request, or a petition under Section 
10-2a-208
 based on that request, is still
pending on the date the annexation petition is filed.
(b) Subsection (5)(a) does not apply to an annexation petition if:
(i) the annexation petition proposes the annexation of an area included in a notice of
intent described in Subsection (5)(c); or
(ii) the annexation petition:
(A) is filed on or after November 15, 2020; and
(B) proposes the annexation of an area located in a county other than the first class.
(c) (i) A person intending to file a petition for annexation of an area located in a county
other than a first class county may, on or before August 5, 2020, file with the city recorder or
town clerk of the proposed annexing municipality a notice of intent to file a petition for
annexation.
(ii) The notice of intent described in Subsection (5)(c)(i) shall include an accurate map
of the area that is proposed to be annexed.
(6) If practicable and feasible, the boundaries of an area proposed for annexation shall
be drawn:
(a) along the boundaries of existing local 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.
(7) 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.
(8) A property owner who signs an annexation petition proposing to annex an area
located in a county of the first class 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).
Section 4. Section 
10-2-418
 is amended to read:
10-2-418.
Annexation of an island or peninsula without a petition -- Notice --
Hearing.
(1) 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" 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) Notwithstanding Subsection 
10-2-402
(2), a municipality may annex an
unincorporated area under this section without an annexation petition if:
(a) for an unincorporated area within the expansion area of more than one municipality,
each municipality agrees to the annexation; and
(b) (i) (A) the area to be annexed consists of one or more unincorporated islands within
or unincorporated peninsulas contiguous to the municipality;
(B) the majority of each island or peninsula consists of residential or commercial
development;
(C) the area proposed for annexation requires the delivery of municipal-type services;
and
(D) the municipality has provided most or all of the municipal-type services to the area
for more than one year;
(ii) (A) 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) the municipality has provided one or more municipal-type services to the area for
at least one year;
(iii) the area consists of:
(A) an unincorporated island within or an unincorporated peninsula contiguous to the
municipality; and
(B) for an area outside of the county of the first class proposed for annexation, no more
than 50 acres; or
(iv) (A) the area to be annexed consists only of one or more unincorporated islands in a
county of the second class;
(B) the area to be annexed is located in the expansion area of a municipality; and
(C) the county legislative body in which the municipality is located provides notice to
each property owner within the area to be annexed that 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 may make a recommendation of annexation to the municipality whose
expansion area includes the area to be annexed after the public hearing.
(3) Notwithstanding Subsection 
10-2-402
(1)(b)(iii),
 (2)
,
 or (6), a municipality may
annex an unincorporated area without an annexation petition or the consent of the county in
which the area proposed for annexation is located, if:
(a) the area proposed for annexation:
(i) is located within a specified county;
(ii) includes private real property that is located within a county that is not the county
in which the proposed annexing municipality is located;
(iii) includes real property that is:
(A) owned by a public entity; and
(B) located in the county in which the proposed annexing municipality is located; and
(iv) does not include urban development;
(b) any portion of the private real property described in Subsection (3)(a)(ii) is located
within two miles of the proposed annexing municipality's boundary; and
(c) each owner of private real property within the area proposed for annexation
consents in writing to the proposed annexation.
(4) 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:
(a) in adopting the resolution under Subsection (6)(a) the municipal legislative body
determines that not annexing the entire unincorporated island or unincorporated peninsula is in
the municipality's best interest; and
(b) for an annexation of one or more unincorporated islands under Subsection (2)(b),
the entire island of unincorporated area, of which a portion is being annexed, complies with the
requirement of Subsection (2)(b)(ii) relating to the number of residents.
(5) (a) This subsection applies only to an annexation within a county of the first class.
(b) A county of the first class shall agree to an annexation if the majority of private
property owners within the area to be annexed give written consent to the annexation, in
accordance with Subsection (5)(d), to the recorder of the annexing municipality.
(c) For purposes of Subsection (5)(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
] 
1/2
 the value of private real
property within the area proposed for annexation.
(d) 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
(5)(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 (6)(b).
(6) The legislative body of each municipality intending to annex an area under this
section shall:
(a) adopt a resolution indicating the municipal legislative body's intent to annex the
area, describing the area proposed to be annexed; and
(b) hold a public hearing on the proposed annexation no earlier than 30 days after the
adoption of the resolution described in Subsection (6)(a).
(7) A legislative body described in Subsection (6) shall publish notice of a public
hearing described in Subsection (6)(b):
(a) (i) at least once a week for three successive weeks before the public hearing in a
newspaper of general circulation within the municipality and the area proposed for annexation;
(ii) if there is no newspaper of general circulation in the combined area described in
Subsection (7)(a)(i), at least three weeks before the day of the public hearing, by posting one
notice, and at least one additional notice per 2,000 population in the combined area, in places
within the combined area that are most likely to give notice to the residents within, and the
owners of real property located within, the combined area; or
(iii) at least three weeks before the day of the public hearing, by mailing notice to each
residence within, and each owner of real property located within, the combined area described
in Subsection (7)(a)(i);
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for three weeks
before the day of the public hearing;
(c) in accordance with Section 
45-1-101
, for three weeks before the day of the public
hearing;
(d) by sending 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
(ii) the legislative body of the county in which the area proposed for annexation is
located; and
(e) if the municipality has a website, on the municipality's website for three weeks
before the day of the public hearing.
(8) The legislative body of the annexing municipality shall ensure that:
(a) each notice described in Subsection (7):
(i) states that the municipal legislative body has adopted a resolution indicating the
municipality's intent to annex the area proposed for annexation;
(ii) states the date, time, and place of the public hearing described in Subsection (6)(b);
(iii) describes the area proposed for annexation; and
(iv) except for an annexation that meets the requirements of Subsection (9)(b) or (c),
states in conspicuous and plain terms that the municipal legislative body will annex the area
unless, at or before the public hearing described in Subsection (6)(b), 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
(b) the first publication of the notice described in Subsection (7)(a) occurs within 14
days after the day on which the municipal legislative body adopts a resolution under Subsection
(6)(a).
(9) (a) Except as provided in Subsections (9)(b)(i) and (9)(c)(i), upon conclusion of the
public hearing described in Subsection (6)(b), 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
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) Notwithstanding Subsection (9)(a), upon conclusion of the public hearing
described in Subsection (6)(b), 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 (9)(a) if:
(A) 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; or
(B) the annexation meets the requirements of Subsection (3).
(ii) Upon the effective date under Section 
10-2-425
 of an annexation approved by an
ordinance adopted under Subsection (9)(b)(i), the area annexed is conclusively presumed to be
validly annexed.
(c) (i) Notwithstanding Subsection (9)(a), upon conclusion of the public hearing
described in Subsection (6)(b), 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 (9)(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
(9)(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 (9)(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 (9)(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 (9)(c)(i), the area annexed is conclusively presumed to be
validly annexed.
(10) (a) Except as provided in Subsections (9)(b)(i) and (9)(c)(i), if protests are timely
filed under Subsection (9)(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 (10)(a) does not prohibit the municipal legislative body from excluding
from a proposed annexation under Subsection (2)(b) the property within an unincorporated
island regarding which protests have been filed and proceeding under Subsection (4) to annex
some or all of the remaining portion of the unincorporated island.
Section 5. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.