United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2-805

Cross-county annexation -- Requirements. As used in this section: "Affected county" means the county in which an area proposed for cross-county annexation is located. "Affected municipality" means…

Source excerpt

annexationannexation noticeconsultant engagementcounty procedurecross-county annexationfeasibility consultant fees and expensesfeasibility studyfiscal impactfiscal yearjudicial reviewland uselocal government compliancemunicipal boundariesmunicipal proceduremunicipal resolutionsmunicipal servicesnotice requirementspublic hearingpublic hearing noticepublic noticepublic utilitiesresolution adoption

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“Cross-county annexation -- Requirements. As used in this section: "Affected county" means the county in which an area proposed for cross-county annexation is located. "Affected municipality" means a municipality: located in an affected”

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Cross-county annexation -- Requirements.

Section 10-2-805

Subsection 10-2-805(2)(e)

The legislative body of the affected county must hold a public hearing and adopt the resolution described in Subsection (4)(a)(iii)(A).

Section 10-2-805(2)(e)

Subsection 10-2-805(3)(c)(v)(A)

Applies to each entity that has provided municipal-type services in the area proposed for cross-county annexation.

Section 10-2-805(3)(c)(v)(A)

Subsection 10-2-805(4)(b)(iii)

Identifies the legislative body of the proposed annexing municipality and the county where that municipality is located.

Section 10-2-805(4)(b)(iii)

Subsection 10-2-805(6)

Section 10-2-812 does not apply to a cross-county annexation unless consented to by all affected counties.

Section 10-2-805(6)

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Showing 72 of 72 provisions

Provision 69Amendment 3

Part 10-2-8

part 10-2-8 Annexation

§ 10-2-805Cross-county annexation -- Requirements.Amendment

Source excerpt

Cross-county annexation -- Requirements. As used in this section: "Affected county" means the county in which an area proposed for cross-county annexation is located. "Affected municipality" means a municipality: located in an affected county; and whose expansion area includes the area proposed for cross-county annexation. "Applicant" means a person intending to file an annexation petition proposing a cross-county annexation. "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. "Specified public utility" means the same as that term is defined in Section 10-20-102 . An applicant may not file a petition under Section 10-2-806 that proposes a cross-county annexation unless: 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: the area proposed for cross-county annexation; and the proposed annexing municipality; the proposed annexing municipality adopts or amends the municipality's annexation policy plan under Section 10-2-803 to include the area proposed for cross-county annexation within the proposed annexing municipality's expansion area; the applicant files a request to approve the proposed cross-county annexation with the legislative body of the affected county: 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 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; a feasibility consultant conducts a feasibility study in accordance with Subsection (3) , unless the feasibility study is waived under Subsection (3)(b) ; and the legislative body of the affected county: holds a public hearing in accordance with Subsection (4) ; and adopts the resolution described in Subsection (4)(a)(iii)(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: conduct a feasibility study on the proposed cross-county annexation; and 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. The legislative body of the affected county may waive the requirement for a feasibility study under Subsection (3)(a) . The feasibility study under Subsection (3)(a) shall determine: whether the proposed cross-county annexation eliminates, leaves, or creates an unincorporated island or unincorporated peninsula; the fiscal impact of the proposed cross-county annexation on: the affected county; affected municipalities; specified public utilities that serve the area proposed for cross-county annexation; and affected entities; 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; the estimated revenue that the proposed annexing municipality would receive from the area proposed for cross-county annexation during the current fiscal year; and each entity that has provided municipal-type services in the area proposed for cross-county annexation; 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 the feasibility of the proposed annexing municipality providing municipal-type services in the area proposed for cross-county annexation. 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. The applicant and the affected county shall share equally the feasibility consultant fees and expenses. 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: determine whether the requirements described in Subsections (2)(a) and (b) have been met; consider the results of the feasibility study under Subsection (3)(a) , unless the feasibility study is waived under Subsection (3)(b) ; and adopt a resolution approving the proposed cross-county annexation; or adopt a resolution rejecting the proposed cross-county annexation. 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: the applicant; each residence within, and to each owner of real property located within: the area proposed for cross-county annexation; and 300 feet of the area proposed for cross-county annexation; the legislative body of: the proposed annexing municipality; and the county in which the proposed annexing municipality is located; each specified public utility that serves the area proposed for cross-county annexation; each affected municipality; and each affected entity. 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. 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: the requirements described in Subsections (2)(a) and (b) have not been met; or the results of the feasibility study under Subsection (3)(a) show that: the proposed cross-county annexation would impose a substantial burden on the affected county; 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 it would not be feasible for the proposed annexing municipality to provide municipal-type services in the area proposed for cross-county annexation. 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. 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) . 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 adopts a resolution approving or rejecting a cross-county annexation, file a petition for review of the decision in the district court with jurisdiction in the affected county. 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. Section 10-2-812 does not apply to a cross-county annexation unless consented to by all affected counties.

Section 10-2-805Verify source

§ 10-2-805(1)Subsection 10-2-805(1)Provision

Source excerpt

This subsection defines terms used in the section.

As used in this section: "Affected county" means the county in which an area proposed for cross-county annexation is located. "Affected municipality" means a municipality: located in an affected county; and whose expansion area includes the area proposed for cross-county annexation. "Applicant" means a person intending to file an annexation petition proposing a cross-county annexation. "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. "Specified public utility" means the same as that term is defined in Section 10-20-102 .

Section 10-2-805(1)Verify source

§ 10-2-805(1)(a)Subsection 10-2-805(1)(a)Provision

Source excerpt

“Affected county” means the county where the area proposed for cross-county annexation is located.

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

Section 10-2-805(1)(a)Verify source

§ 10-2-805(1)(b)Subsection 10-2-805(1)(b)Provision

Source excerpt

“Affected municipality” means a municipality in an affected county whose expansion area includes the area proposed for cross-county annexation.

"Affected municipality" means a municipality: located in an affected county; and whose expansion area includes the area proposed for cross-county annexation.

Section 10-2-805(1)(b)Verify source

§ 10-2-805(1)(b)(i)Subsection 10-2-805(1)(b)(i)Provision

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located in an affected county; and

Section 10-2-805(1)(b)(i)Verify source

§ 10-2-805(1)(b)(ii)Subsection 10-2-805(1)(b)(ii)Provision

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

Section 10-2-805(1)(b)(ii)Verify source

§ 10-2-805(1)(c)Subsection 10-2-805(1)(c)Provision

Source excerpt

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

"Applicant" means a person intending to file an annexation petition proposing a cross-county annexation.

Section 10-2-805(1)(c)Verify source

§ 10-2-805(1)(d)Subsection 10-2-805(1)(d)Provision

Source excerpt

‘Cross-county annexation’ means annexing an area in a different county than the proposed annexing municipality.

"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.

Section 10-2-805(1)(d)Verify source

§ 10-2-805(1)(e)Subsection 10-2-805(1)(e)Provision

Source excerpt

“Specified public utility” has the same meaning as in Section 10-20-102.

"Specified public utility" means the same as that term is defined in Section 10-20-102 .

Section 10-2-805(1)(e)Verify source

§ 10-2-805(2)Subsection 10-2-805(2)Amendment

Source excerpt

An applicant may not file a petition under Section 10-2-806 that proposes a cross-county annexation unless: 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: the area proposed for cross-county annexation; and the proposed annexing municipality; the proposed annexing municipality adopts or amends the municipality's annexation policy plan under Section 10-2-803 to include the area proposed for cross-county annexation within the proposed annexing municipality's expansion area; the applicant files a request to approve the proposed cross-county annexation with the legislative body of the affected county: 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 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; a feasibility consultant conducts a feasibility study in accordance with Subsection (3) , unless the feasibility study is waived under Subsection (3)(b) ; and the legislative body of the affected county: holds a public hearing in accordance with Subsection (4) ; and adopts the resolution described in Subsection (4)(a)(iii)(A) .

Section 10-2-805(2)Verify source

§ 10-2-805(2)(a)Subsection 10-2-805(2)(a)Provision

Source excerpt

The applicant must send written notice of intent to file a petition for a cross-county annexation to each affected municipality’s legislative body.

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: the area proposed for cross-county annexation; and the proposed annexing municipality;

Section 10-2-805(2)(a)Verify source

§ 10-2-805(2)(a)(i)Subsection 10-2-805(2)(a)(i)Provision

Source excerpt

the area proposed for cross-county annexation; and

Section 10-2-805(2)(a)(i)Verify source

§ 10-2-805(2)(a)(ii)Subsection 10-2-805(2)(a)(ii)Provision

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the proposed annexing municipality;

Section 10-2-805(2)(a)(ii)Verify source

§ 10-2-805(2)(b)Subsection 10-2-805(2)(b)Amendment

Source excerpt

the proposed annexing municipality adopts or amends the municipality's annexation policy plan under Section 10-2-803 to include the area proposed for cross-county annexation within the proposed annexing municipality's expansion area;

Section 10-2-805(2)(b)Verify source

§ 10-2-805(2)(c)Subsection 10-2-805(2)(c)Provision

Source excerpt

The applicant may file the annexation request only within a 90-day to 180-day window after sending the required written notices.

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

Section 10-2-805(2)(c)Verify source

§ 10-2-805(2)(c)(i)Subsection 10-2-805(2)(c)(i)Provision

Source excerpt

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

Section 10-2-805(2)(c)(i)Verify source

§ 10-2-805(2)(c)(ii)Subsection 10-2-805(2)(c)(ii)Provision

Source excerpt

A 180-day deadline runs from when the applicant sends the required written notice to each affected municipality.

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;

Section 10-2-805(2)(c)(ii)Verify source

§ 10-2-805(2)(d)Subsection 10-2-805(2)(d)Provision

Source excerpt

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

Section 10-2-805(2)(d)Verify source

§ 10-2-805(2)(e)Subsection 10-2-805(2)(e)Provision

Source excerpt

The legislative body of the affected county must hold a public hearing and adopt the resolution described in Subsection (4)(a)(iii)(A).

the legislative body of the affected county: holds a public hearing in accordance with Subsection (4) ; and adopts the resolution described in Subsection (4)(a)(iii)(A) .

Section 10-2-805(2)(e)Verify source

§ 10-2-805(2)(e)(i)Subsection 10-2-805(2)(e)(i)Provision

Source excerpt

An actor must hold a public hearing in accordance with Subsection (4).

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

Section 10-2-805(2)(e)(i)Verify source

§ 10-2-805(2)(e)(ii)Subsection 10-2-805(2)(e)(ii)Provision

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

Section 10-2-805(2)(e)(ii)Verify source

§ 10-2-805(3)Subsection 10-2-805(3)Provision

Source excerpt

The county legislative body and the applicant must jointly choose and hire a feasibility consultant within 60 days, unless they agree to a longer time. The consultant must complete a feasibility study, submit written results within 90 days after engagement, and the county legislative body may waive the study requirement.

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: conduct a feasibility study on the proposed cross-county annexation; and 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. The legislative body of the affected county may waive the requirement for a feasibility study under Subsection (3)(a) . The feasibility study under Subsection (3)(a) shall determine: whether the proposed cross-county annexation eliminates, leaves, or creates an unincorporated island or unincorporated peninsula; the fiscal impact of the proposed cross-county annexation on: the affected county; affected municipalities; specified public utilities that serve the area proposed for cross-county annexation; and affected entities; 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; the estimated revenue that the proposed annexing municipality would receive from the area proposed for cross-county annexation during the current fiscal year; and each entity that has provided municipal-type services in the area proposed for cross-county annexation; 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 the feasibility of the proposed annexing municipality providing municipal-type services in the area proposed for cross-county annexation. 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. The applicant and the affected county shall share equally the feasibility consultant fees and expenses.

Section 10-2-805(3)Verify source

§ 10-2-805(3)(a)Subsection 10-2-805(3)(a)Provision

Source excerpt

The county legislative body and the applicant must jointly choose and hire a feasibility consultant within 60 days after the relevant request is received, unless they agree to a longer period.

Section 10-2-805(3)(a)Verify source

§ 10-2-805(3)(a)(i)Subsection 10-2-805(3)(a)(i)Provision

Source excerpt

Conduct a feasibility study on the proposed cross-county annexation.

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

Section 10-2-805(3)(a)(i)Verify source

§ 10-2-805(3)(a)(ii)Subsection 10-2-805(3)(a)(ii)Provision

Source excerpt

The feasibility consultant must submit the written feasibility study results to the legislative body of the affected county and the applicant.

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.

Section 10-2-805(3)(a)(ii)Verify source

§ 10-2-805(3)(b)Subsection 10-2-805(3)(b)Provision

Source excerpt

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

Section 10-2-805(3)(b)Verify source

§ 10-2-805(3)(c)Subsection 10-2-805(3)(c)Provision

Source excerpt

The feasibility study must determine several effects of the proposed cross-county annexation, including island/peninsula impacts, fiscal impacts, costs, revenues, existing service providers, service methods, and whether the annexing municipality can provide municipal-type services.

The feasibility study under Subsection (3)(a) shall determine: whether the proposed cross-county annexation eliminates, leaves, or creates an unincorporated island or unincorporated peninsula; the fiscal impact of the proposed cross-county annexation on: the affected county; affected municipalities; specified public utilities that serve the area proposed for cross-county annexation; and affected entities; 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; the estimated revenue that the proposed annexing municipality would receive from the area proposed for cross-county annexation during the current fiscal year; and each entity that has provided municipal-type services in the area proposed for cross-county annexation; 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 the feasibility of the proposed annexing municipality providing municipal-type services in the area proposed for cross-county annexation.

Section 10-2-805(3)(c)Verify source

§ 10-2-805(3)(c)(i)Subsection 10-2-805(3)(c)(i)Provision

Source excerpt

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

Section 10-2-805(3)(c)(i)Verify source

§ 10-2-805(3)(c)(ii)Subsection 10-2-805(3)(c)(ii)Provision

Source excerpt

the fiscal impact of the proposed cross-county annexation on: the affected county; affected municipalities; specified public utilities that serve the area proposed for cross-county annexation; and affected entities;

Section 10-2-805(3)(c)(ii)Verify source

§ 10-2-805(3)(c)(ii)(A)Subsection 10-2-805(3)(c)(ii)(A)Provision

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the affected county;

Section 10-2-805(3)(c)(ii)(A)Verify source

§ 10-2-805(3)(c)(ii)(B)Subsection 10-2-805(3)(c)(ii)(B)Provision

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affected municipalities;

Section 10-2-805(3)(c)(ii)(B)Verify source

§ 10-2-805(3)(c)(ii)(C)Subsection 10-2-805(3)(c)(ii)(C)Provision

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

Section 10-2-805(3)(c)(ii)(C)Verify source

§ 10-2-805(3)(c)(ii)(D)Subsection 10-2-805(3)(c)(ii)(D)Provision

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affected entities;

Section 10-2-805(3)(c)(ii)(D)Verify source

§ 10-2-805(3)(c)(iii)Subsection 10-2-805(3)(c)(iii)Provision

Source excerpt

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;

Section 10-2-805(3)(c)(iii)Verify source

§ 10-2-805(3)(c)(iv)Subsection 10-2-805(3)(c)(iv)Provision

Source excerpt

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

Section 10-2-805(3)(c)(iv)Verify source

§ 10-2-805(3)(c)(v)Subsection 10-2-805(3)(c)(v)Provision

Source excerpt

The text identifies entities that have provided municipal-type services in the proposed cross-county annexation area, how those services were provided, and whether the proposed annexing municipality could feasibly provide those services.

each entity that has provided municipal-type services in the area proposed for cross-county annexation; 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 the feasibility of the proposed annexing municipality providing municipal-type services in the area proposed for cross-county annexation.

Section 10-2-805(3)(c)(v)Verify source

§ 10-2-805(3)(c)(v)(A)Subsection 10-2-805(3)(c)(v)(A)Provision

Source excerpt

Applies to each entity that has provided municipal-type services in the area proposed for cross-county annexation.

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

Section 10-2-805(3)(c)(v)(A)Verify source

§ 10-2-805(3)(c)(v)(B)Subsection 10-2-805(3)(c)(v)(B)Provision

Source excerpt

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

Section 10-2-805(3)(c)(v)(B)Verify source

§ 10-2-805(3)(c)(v)(C)Subsection 10-2-805(3)(c)(v)(C)Provision

Source excerpt

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

Section 10-2-805(3)(c)(v)(C)Verify source

§ 10-2-805(3)(d)Subsection 10-2-805(3)(d)Provision

Source excerpt

The feasibility consultant must assume the property tax rate in the annexation area matches the annexing municipality’s current rate.

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.

Section 10-2-805(3)(d)Verify source

§ 10-2-805(3)(e)Subsection 10-2-805(3)(e)Provision

Source excerpt

The applicant and the affected county must share the feasibility consultant fees and expenses equally.

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

Section 10-2-805(3)(e)Verify source

§ 10-2-805(4)Subsection 10-2-805(4)Provision

Source excerpt

An affected county legislative body must hold a public hearing within 30 days after receiving the feasibility-study results or waiving the study, give at least 15 days’ written notice, let people speak at the hearing, and may approve or reject the proposed cross-county annexation subject to the stated rejection limits.

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: determine whether the requirements described in Subsections (2)(a) and (b) have been met; consider the results of the feasibility study under Subsection (3)(a) , unless the feasibility study is waived under Subsection (3)(b) ; and adopt a resolution approving the proposed cross-county annexation; or adopt a resolution rejecting the proposed cross-county annexation. 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: the applicant; each residence within, and to each owner of real property located within: the area proposed for cross-county annexation; and 300 feet of the area proposed for cross-county annexation; the legislative body of: the proposed annexing municipality; and the county in which the proposed annexing municipality is located; each specified public utility that serves the area proposed for cross-county annexation; each affected municipality; and each affected entity. 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. 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: the requirements described in Subsections (2)(a) and (b) have not been met; or the results of the feasibility study under Subsection (3)(a) show that: the proposed cross-county annexation would impose a substantial burden on the affected county; 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 it would not be feasible for the proposed annexing municipality to provide municipal-type services in the area proposed for cross-county annexation. 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. 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) .

Section 10-2-805(4)Verify source

§ 10-2-805(4)(a)Subsection 10-2-805(4)(a)Provision

Source excerpt

An affected county’s legislative body must hold a public hearing within 30 days after receiving the feasibility study results or waiving the study requirement.

Section 10-2-805(4)(a)Verify source

§ 10-2-805(4)(a)(i)Subsection 10-2-805(4)(a)(i)Provision

Source excerpt

A person or office must determine whether the requirements in Subsections (2)(a) and (b) have been met.

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

Section 10-2-805(4)(a)(i)Verify source

§ 10-2-805(4)(a)(ii)Subsection 10-2-805(4)(a)(ii)Provision

Source excerpt

The provision requires consideration of the results of the feasibility study under Subsection (3)(a), unless that study is waived under Subsection (3)(b).

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

Section 10-2-805(4)(a)(ii)Verify source

§ 10-2-805(4)(a)(iii)Subsection 10-2-805(4)(a)(iii)Provision

Source excerpt

A resolution must be adopted either approving or rejecting the proposed cross-county annexation.

adopt a resolution approving the proposed cross-county annexation; or adopt a resolution rejecting the proposed cross-county annexation.

Section 10-2-805(4)(a)(iii)Verify source

§ 10-2-805(4)(a)(iii)(A)Subsection 10-2-805(4)(a)(iii)(A)Provision

Source excerpt

A resolution approving the proposed cross-county annexation must be adopted.

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

Section 10-2-805(4)(a)(iii)(A)Verify source

§ 10-2-805(4)(a)(iii)(B)Subsection 10-2-805(4)(a)(iii)(B)Provision

Source excerpt

Adopt a resolution rejecting the proposed cross-county annexation.

adopt a resolution rejecting the proposed cross-county annexation.

Section 10-2-805(4)(a)(iii)(B)Verify source

§ 10-2-805(4)(b)Subsection 10-2-805(4)(b)Provision

Source excerpt

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: the applicant; each residence within, and to each owner of real property located within: the area proposed for cross-county annexation; and 300 feet of the area proposed for cross-county annexation; the legislative body of: the proposed annexing municipality; and the county in which the proposed annexing municipality is located; each specified public utility that serves the area proposed for cross-county annexation; each affected municipality; and each affected entity.

Section 10-2-805(4)(b)Verify source

§ 10-2-805(4)(b)(i)Subsection 10-2-805(4)(b)(i)Provision

Source excerpt

the applicant;

Section 10-2-805(4)(b)(i)Verify source

§ 10-2-805(4)(b)(ii)Subsection 10-2-805(4)(b)(ii)Provision

Source excerpt

The provision applies to residences and owners of real property within the proposed cross-county annexation area, and within 300 feet of that area.

each residence within, and to each owner of real property located within: the area proposed for cross-county annexation; and 300 feet of the area proposed for cross-county annexation;

Section 10-2-805(4)(b)(ii)Verify source

§ 10-2-805(4)(b)(ii)(A)Subsection 10-2-805(4)(b)(ii)(A)Provision

Source excerpt

the area proposed for cross-county annexation; and

Section 10-2-805(4)(b)(ii)(A)Verify source

§ 10-2-805(4)(b)(ii)(B)Subsection 10-2-805(4)(b)(ii)(B)Provision

Source excerpt

A 300-foot area is referenced for a proposed cross-county annexation.

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

Section 10-2-805(4)(b)(ii)(B)Verify source

§ 10-2-805(4)(b)(iii)Subsection 10-2-805(4)(b)(iii)Provision

Source excerpt

Identifies the legislative body of the proposed annexing municipality and the county where that municipality is located.

the legislative body of: the proposed annexing municipality; and the county in which the proposed annexing municipality is located;

Section 10-2-805(4)(b)(iii)Verify source

§ 10-2-805(4)(b)(iii)(A)Subsection 10-2-805(4)(b)(iii)(A)Provision

Source excerpt

the proposed annexing municipality; and

Section 10-2-805(4)(b)(iii)(A)Verify source

§ 10-2-805(4)(b)(iii)(B)Subsection 10-2-805(4)(b)(iii)(B)Provision

Source excerpt

the county in which the proposed annexing municipality is located;

Section 10-2-805(4)(b)(iii)(B)Verify source

§ 10-2-805(4)(b)(iv)Subsection 10-2-805(4)(b)(iv)Provision

Source excerpt

Applies to each specified public utility serving the area proposed for cross-county annexation.

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

Section 10-2-805(4)(b)(iv)Verify source

§ 10-2-805(4)(b)(v)Subsection 10-2-805(4)(b)(v)Provision

Source excerpt

each affected municipality; and

Section 10-2-805(4)(b)(v)Verify source

§ 10-2-805(4)(b)(vi)Subsection 10-2-805(4)(b)(vi)Provision

Source excerpt

each affected entity.

Section 10-2-805(4)(b)(vi)Verify source

§ 10-2-805(4)(c)Subsection 10-2-805(4)(c)Provision

Source excerpt

At the public hearing, the affected county’s legislative body must let people present speak on the proposed cross-county annexation.

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.

Section 10-2-805(4)(c)Verify source

§ 10-2-805(4)(d)Subsection 10-2-805(4)(d)Provision

Source excerpt

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: the requirements described in Subsections (2)(a) and (b) have not been met; or the results of the feasibility study under Subsection (3)(a) show that: the proposed cross-county annexation would impose a substantial burden on the affected county; 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 it would not be feasible for the proposed annexing municipality to provide municipal-type services in the area proposed for cross-county annexation.

Section 10-2-805(4)(d)Verify source

§ 10-2-805(4)(d)(i)Subsection 10-2-805(4)(d)(i)Provision

Source excerpt

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

Section 10-2-805(4)(d)(i)Verify source

§ 10-2-805(4)(d)(ii)Subsection 10-2-805(4)(d)(ii)Provision

Source excerpt

The feasibility study must show one of three things for a proposed cross-county annexation: a substantial burden on the affected county, revenue exceeding service cost by more than 5%, or that the annexing municipality cannot feasibly provide municipal-type services.

the results of the feasibility study under Subsection (3)(a) show that: the proposed cross-county annexation would impose a substantial burden on the affected county; 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 it would not be feasible for the proposed annexing municipality to provide municipal-type services in the area proposed for cross-county annexation.

Section 10-2-805(4)(d)(ii)Verify source

§ 10-2-805(4)(d)(ii)(A)Subsection 10-2-805(4)(d)(ii)(A)Provision

Source excerpt

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

Section 10-2-805(4)(d)(ii)(A)Verify source

§ 10-2-805(4)(d)(ii)(B)Subsection 10-2-805(4)(d)(ii)(B)Provision

Source excerpt

The condition is met if estimated revenue under Subsection (3)(c)(iv) exceeds estimated service costs under Subsection (3)(c)(iii) by more than 5%.

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

Section 10-2-805(4)(d)(ii)(B)Verify source

§ 10-2-805(4)(d)(ii)(C)Subsection 10-2-805(4)(d)(ii)(C)Provision

Source excerpt

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

Section 10-2-805(4)(d)(ii)(C)Verify source

§ 10-2-805(4)(e)Subsection 10-2-805(4)(e)Provision

Source excerpt

If an affected county legislative body rejects a proposed cross-county annexation, it must give the applicant a written explanation.

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.

Section 10-2-805(4)(e)Verify source

§ 10-2-805(4)(f)Subsection 10-2-805(4)(f)Provision

Source excerpt

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) .

Section 10-2-805(4)(f)Verify source

§ 10-2-805(5)Subsection 10-2-805(5)Provision

Source excerpt

An adversely affected party may petition for review in the district court within 30 days, and the court must defer to the county legislative body unless the decision is arbitrary, capricious, or unlawful.

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 adopts a resolution approving or rejecting a cross-county annexation, file a petition for review of the decision in the district court with jurisdiction in the affected county. 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.

Section 10-2-805(5)Verify source

§ 10-2-805(5)(a)Subsection 10-2-805(5)(a)Provision

Source excerpt

An adversely affected party may file a petition for review in the district court for the affected county within 30 days after the resolution approving or rejecting the cross-county annexation is adopted.

Section 10-2-805(5)(a)Verify source

§ 10-2-805(5)(b)Subsection 10-2-805(5)(b)Provision

Source excerpt

The district court must defer to the affected county legislative body’s decision under Subsection (4)(a), unless the court finds the decision is arbitrary, capricious, or unlawful.

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.

Section 10-2-805(5)(b)Verify source

§ 10-2-805(6)Subsection 10-2-805(6)Provision

Source excerpt

Section 10-2-812 does not apply to a cross-county annexation unless consented to by all affected counties.

Section 10-2-805(6)Verify source

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Utah Code § 10-2-805

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