United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2-807

Source excerpt

annexation petition procedureannexation procedurecertification noticemunicipal noticemunicipal recordsnotice requirementspetition processingrecordkeeping

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

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“Acceptance or denial of an annexation petition -- Petition certification process -- Modified petition. A municipal legislative body may: subject to Subsection (1)(a)(ii), deny a petition filed under Section 10-2-806 ; or accept the”

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Acceptance or denial of an annexation petition -- Petition certification process -- Modified petition.

Section 10-2-807

Subsection 10-2-807(1)(a)(ii)(B)

in the case of a city of the third, fourth, or fifth class or a town, at the next regularly scheduled meeting of the municipal legislative body that is at least 14 days after the date the petition was filed.

Section 10-2-807(1)(a)(ii)(B)

Subsection 10-2-807(2)(c)(i)

If the municipal records officer determines the petition meets Subsection (2)(b)’s requirements, the officer must certify the petition and send written notice to the municipal legislative body, the contact sponsor, and the county legislative body.

Section 10-2-807(2)(c)(i)

Subsection 10-2-807(2)(c)(ii)(C)

the county legislative body.

Section 10-2-807(2)(c)(ii)(C)

Subsection 10-2-807(6)

County assessors, clerks, surveyors, and recorders must provide copies of records requested by a municipal records officer under Subsection (2)(a).

Section 10-2-807(6)

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Showing 32 of 32 provisions

Provision 32

Part 10-2-8

part 10-2-8 Annexation

§ 10-2-807Acceptance or denial of an annexation petition -- Petition certification process -- Modified petition.Provision

Source excerpt

Acceptance or denial of an annexation petition -- Petition certification process -- Modified petition. A municipal legislative body may: subject to Subsection (1)(a)(ii), deny a petition filed under Section 10-2-806 ; or accept the petition for further consideration under this part. A petition shall be considered to have been accepted for further consideration under this part if a municipal legislative body fails to deny or accept the petition under Subsection (1)(a)(i): in the case of a city of the first or second class, within 14 days after the petition is filed; or in the case of a city of the third, fourth, or fifth class or a town, at the next regularly scheduled meeting of the municipal legislative body that is at least 14 days after the date the petition was filed. If a municipal legislative body denies a petition under Subsection (1)(a)(i), it shall, within five days after the denial, mail written notice of the denial to: the contact sponsor; and the county clerk of the county in which the area proposed for annexation is located. If the municipal legislative body accepts a petition under Subsection (1)(a)(i)(B) or is considered to have accepted the petition under Subsection (1)(a)(ii), the municipal records officer shall, within 30 days after the day of acceptance: obtain from the assessor, clerk, surveyor, and recorder of the county in which the area proposed for annexation is located the records the municipal records officer needs to determine whether the petition meets the requirements of Subsections 10-2-806(3) and (4); with the assistance of the municipal attorney, determine whether the petition meets the requirements of Subsections 10-2-806(3) and (4); and if the municipal records officer determines that the petition meets the requirements described in Subsection (2)(b) , certify the petition and mail or deliver written notification to: the municipal legislative body; the contact sponsor; and the county legislative body; or if the municipal records officer determines that the petition fails to meet a requirement described in Subsection (2)(b), reject the petition and mail or deliver written notification of the rejection and the reasons for the rejection to: the municipal legislative body; the contact sponsor; and the county legislative body. The day the municipal records officer mails or delivers written notification of the certification, as described in Subsection (2)(c)(i) , is the day of certification. If the municipal records officer rejects a petition under Subsection (2)(c)(ii), the petition sponsor may modify the petition to correct the deficiencies for which it was rejected and refile the petition with the municipal records officer. A signature on an annexation petition filed under Section 10-2-806 may be used toward fulfilling the signature requirement of Subsection 10-2-806(2)(b) for the petition as modified under Subsection (4)(a)(i). If a petition is refiled under Subsection (4)(a) after having been rejected by the municipal records officer under Subsection (2)(c)(ii), the refiled petition shall be treated as a newly filed petition under Subsection 10-2-806(1) . Any vote by a municipal legislative body to deny a petition under this part may be recalled and set for reconsideration by a majority of the voting members of the municipal legislative body. Each county assessor, clerk, surveyor, and recorder shall provide copies of records that a municipal records officer requests under Subsection (2)(a).

Section 10-2-807Verify source

§ 10-2-807(1)Subsection 10-2-807(1)Provision

Source excerpt

A municipal legislative body may deny a petition or accept it for further consideration. If it does not act within the stated time, the petition is treated as accepted. If it denies the petition, it must mail written notice within five days to the contact sponsor and county clerk.

A municipal legislative body may: subject to Subsection (1)(a)(ii), deny a petition filed under Section 10-2-806 ; or accept the petition for further consideration under this part. A petition shall be considered to have been accepted for further consideration under this part if a municipal legislative body fails to deny or accept the petition under Subsection (1)(a)(i): in the case of a city of the first or second class, within 14 days after the petition is filed; or in the case of a city of the third, fourth, or fifth class or a town, at the next regularly scheduled meeting of the municipal legislative body that is at least 14 days after the date the petition was filed. If a municipal legislative body denies a petition under Subsection (1)(a)(i), it shall, within five days after the denial, mail written notice of the denial to: the contact sponsor; and the county clerk of the county in which the area proposed for annexation is located.

Section 10-2-807(1)Verify source

§ 10-2-807(1)(a)Subsection 10-2-807(1)(a)Provision

Source excerpt

A municipal legislative body may deny a petition under Section 10-2-806, subject to Subsection (1)(a)(ii), or accept it for further consideration.

Section 10-2-807(1)(a)Verify source

§ 10-2-807(1)(a)(i)Subsection 10-2-807(1)(a)(i)Provision

Source excerpt

A municipal legislative body may deny a petition filed under Section 10-2-806 or accept it for further consideration, subject to Subsection (1)(a)(ii).

A municipal legislative body may: subject to Subsection (1)(a)(ii), deny a petition filed under Section 10-2-806 ; or accept the petition for further consideration under this part.

Section 10-2-807(1)(a)(i)Verify source

§ 10-2-807(1)(a)(i)(A)Subsection 10-2-807(1)(a)(i)(A)Provision

Source excerpt

Subject to Subsection (1)(a)(ii), the decision-maker may deny a petition filed under Section 10-2-806.

subject to Subsection (1)(a)(ii), deny a petition filed under Section 10-2-806 ; or

Section 10-2-807(1)(a)(i)(A)Verify source

§ 10-2-807(1)(a)(i)(B)Subsection 10-2-807(1)(a)(i)(B)Provision

Source excerpt

accept the petition for further consideration under this part.

Section 10-2-807(1)(a)(i)(B)Verify source

§ 10-2-807(1)(a)(ii)Subsection 10-2-807(1)(a)(ii)Provision

Source excerpt

A petition is treated as accepted for further consideration if the municipal legislative body does not deny or accept it in time.

A petition shall be considered to have been accepted for further consideration under this part if a municipal legislative body fails to deny or accept the petition under Subsection (1)(a)(i): in the case of a city of the first or second class, within 14 days after the petition is filed; or in the case of a city of the third, fourth, or fifth class or a town, at the next regularly scheduled meeting of the municipal legislative body that is at least 14 days after the date the petition was filed.

Section 10-2-807(1)(a)(ii)Verify source

§ 10-2-807(1)(a)(ii)(A)Subsection 10-2-807(1)(a)(ii)(A)Provision

Source excerpt

In a city of the first or second class, the petition must be filed within 14 days after it is filed.

in the case of a city of the first or second class, within 14 days after the petition is filed; or

Section 10-2-807(1)(a)(ii)(A)Verify source

§ 10-2-807(1)(a)(ii)(B)Subsection 10-2-807(1)(a)(ii)(B)Provision

Source excerpt

Section 10-2-807(1)(a)(ii)(B)Verify source

§ 10-2-807(1)(b)Subsection 10-2-807(1)(b)Provision

Source excerpt

If a municipal legislative body denies a petition under Subsection (1)(a)(i), it must mail written notice of the denial within five days to the contact sponsor and the county clerk.

If a municipal legislative body denies a petition under Subsection (1)(a)(i), it shall, within five days after the denial, mail written notice of the denial to: the contact sponsor; and the county clerk of the county in which the area proposed for annexation is located.

Section 10-2-807(1)(b)Verify source

§ 10-2-807(1)(b)(i)Subsection 10-2-807(1)(b)(i)Provision

Source excerpt

the contact sponsor; and

Section 10-2-807(1)(b)(i)Verify source

§ 10-2-807(1)(b)(ii)Subsection 10-2-807(1)(b)(ii)Provision

Source excerpt

Refers to the county clerk of the county where the area proposed for annexation is located.

the county clerk of the county in which the area proposed for annexation is located.

Section 10-2-807(1)(b)(ii)Verify source

§ 10-2-807(2)Subsection 10-2-807(2)Provision

Source excerpt

If a petition is accepted, the municipal records officer must gather needed county records, determine whether the petition meets specified requirements, and then certify or reject it and notify the listed parties within 30 days after acceptance.

If the municipal legislative body accepts a petition under Subsection (1)(a)(i)(B) or is considered to have accepted the petition under Subsection (1)(a)(ii), the municipal records officer shall, within 30 days after the day of acceptance: obtain from the assessor, clerk, surveyor, and recorder of the county in which the area proposed for annexation is located the records the municipal records officer needs to determine whether the petition meets the requirements of Subsections 10-2-806(3) and (4); with the assistance of the municipal attorney, determine whether the petition meets the requirements of Subsections 10-2-806(3) and (4); and if the municipal records officer determines that the petition meets the requirements described in Subsection (2)(b) , certify the petition and mail or deliver written notification to: the municipal legislative body; the contact sponsor; and the county legislative body; or if the municipal records officer determines that the petition fails to meet a requirement described in Subsection (2)(b), reject the petition and mail or deliver written notification of the rejection and the reasons for the rejection to: the municipal legislative body; the contact sponsor; and the county legislative body.

Section 10-2-807(2)Verify source

§ 10-2-807(2)(a)Subsection 10-2-807(2)(a)Provision

Source excerpt

obtain from the assessor, clerk, surveyor, and recorder of the county in which the area proposed for annexation is located the records the municipal records officer needs to determine whether the petition meets the requirements of

Section 10-2-807(2)(a)Verify source

§ 10-2-807(2)(b)Subsection 10-2-807(2)(b)Provision

Source excerpt

The municipal attorney assists in determining whether the petition meets the requirements of Subsections 10-2-806(3) and (4).

with the assistance of the municipal attorney, determine whether the petition meets the requirements of Subsections 10-2-806(3) and (4); and

Section 10-2-807(2)(b)Verify source

§ 10-2-807(2)(c)Subsection 10-2-807(2)(c)Provision

Source excerpt

If the municipal records officer finds the petition meets the stated requirements, the officer must certify it and send written notice to three listed recipients. If the petition fails a stated requirement, the officer must reject it and send written notice of the rejection and reasons to the same recipients.

if the municipal records officer determines that the petition meets the requirements described in Subsection (2)(b) , certify the petition and mail or deliver written notification to: the municipal legislative body; the contact sponsor; and the county legislative body; or if the municipal records officer determines that the petition fails to meet a requirement described in Subsection (2)(b), reject the petition and mail or deliver written notification of the rejection and the reasons for the rejection to: the municipal legislative body; the contact sponsor; and the county legislative body.

Section 10-2-807(2)(c)Verify source

§ 10-2-807(2)(c)(i)Subsection 10-2-807(2)(c)(i)Provision

Source excerpt

Section 10-2-807(2)(c)(i)Verify source

§ 10-2-807(2)(c)(i)(A)Subsection 10-2-807(2)(c)(i)(A)Provision

Source excerpt

Refers to the municipal legislative body.

the municipal legislative body;

Section 10-2-807(2)(c)(i)(A)Verify source

§ 10-2-807(2)(c)(i)(B)Subsection 10-2-807(2)(c)(i)(B)Provision

Source excerpt

the contact sponsor; and

Section 10-2-807(2)(c)(i)(B)Verify source

§ 10-2-807(2)(c)(i)(C)Subsection 10-2-807(2)(c)(i)(C)Provision

Source excerpt

Refers to the county legislative body.

the county legislative body; or

Section 10-2-807(2)(c)(i)(C)Verify source

§ 10-2-807(2)(c)(ii)Subsection 10-2-807(2)(c)(ii)Provision

Source excerpt

If the municipal records officer finds the petition does not meet a requirement in Subsection (2)(b), the officer must reject it and send written notice of the rejection and reasons to the municipal legislative body, the contact sponsor, and the county legislative body.

if the municipal records officer determines that the petition fails to meet a requirement described in Subsection (2)(b), reject the petition and mail or deliver written notification of the rejection and the reasons for the rejection to: the municipal legislative body; the contact sponsor; and the county legislative body.

Section 10-2-807(2)(c)(ii)Verify source

§ 10-2-807(2)(c)(ii)(A)Subsection 10-2-807(2)(c)(ii)(A)Provision

Source excerpt

Refers to the municipal legislative body.

the municipal legislative body;

Section 10-2-807(2)(c)(ii)(A)Verify source

§ 10-2-807(2)(c)(ii)(B)Subsection 10-2-807(2)(c)(ii)(B)Provision

Source excerpt

the contact sponsor; and

Section 10-2-807(2)(c)(ii)(B)Verify source

§ 10-2-807(2)(c)(ii)(C)Subsection 10-2-807(2)(c)(ii)(C)Provision

Source excerpt

the county legislative body.

Section 10-2-807(2)(c)(ii)(C)Verify source

§ 10-2-807(3)Subsection 10-2-807(3)Provision

Source excerpt

Certification occurs on the day the municipal records officer mails or delivers the written notice of certification.

The day the municipal records officer mails or delivers written notification of the certification, as described in Subsection (2)(c)(i) , is the day of certification.

Section 10-2-807(3)Verify source

§ 10-2-807(4)Subsection 10-2-807(4)Provision

Source excerpt

If the municipal records officer rejects a petition, the petition sponsor may correct the deficiencies and refile it.

If the municipal records officer rejects a petition under Subsection (2)(c)(ii), the petition sponsor may modify the petition to correct the deficiencies for which it was rejected and refile the petition with the municipal records officer. A signature on an annexation petition filed under Section 10-2-806 may be used toward fulfilling the signature requirement of Subsection 10-2-806(2)(b) for the petition as modified under Subsection (4)(a)(i). If a petition is refiled under Subsection (4)(a) after having been rejected by the municipal records officer under Subsection (2)(c)(ii), the refiled petition shall be treated as a newly filed petition under Subsection 10-2-806(1) .

Section 10-2-807(4)Verify source

§ 10-2-807(4)(a)Subsection 10-2-807(4)(a)Provision

Source excerpt

If the municipal records officer rejects a petition, the petition sponsor may correct the deficiencies and refile it.

Section 10-2-807(4)(a)Verify source

§ 10-2-807(4)(a)(i)Subsection 10-2-807(4)(a)(i)Provision

Source excerpt

If the municipal records officer rejects a petition under Subsection (2)(c)(ii), the petition sponsor may fix the deficiencies and refile it with the municipal records officer.

Section 10-2-807(4)(a)(i)Verify source

§ 10-2-807(4)(a)(ii)Subsection 10-2-807(4)(a)(ii)Provision

Source excerpt

A signature on a qualifying annexation petition may count toward the signature requirement for the modified petition.

A signature on an annexation petition filed under Section 10-2-806 may be used toward fulfilling the signature requirement of Subsection 10-2-806(2)(b) for the petition as modified under Subsection (4)(a)(i).

Section 10-2-807(4)(a)(ii)Verify source

§ 10-2-807(4)(b)Subsection 10-2-807(4)(b)Provision

Source excerpt

If a petition is refiled after being rejected by the municipal records officer, it must be treated as a newly filed petition.

If a petition is refiled under Subsection (4)(a) after having been rejected by the municipal records officer under Subsection (2)(c)(ii), the refiled petition shall be treated as a newly filed petition under Subsection 10-2-806(1) .

Section 10-2-807(4)(b)Verify source

§ 10-2-807(5)Subsection 10-2-807(5)Provision

Source excerpt

Any vote by a municipal legislative body to deny a petition under this part may be recalled and set for reconsideration by a majority of the voting members of the municipal legislative body.

Section 10-2-807(5)Verify source

§ 10-2-807(6)Subsection 10-2-807(6)Provision

Source excerpt

County assessors, clerks, surveyors, and recorders must provide copies of records requested by a municipal records officer under Subsection (2)(a).

Each county assessor, clerk, surveyor, and recorder shall provide copies of records that a municipal records officer requests under Subsection (2)(a).

Section 10-2-807(6)Verify source

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Utah Code § 10-2-807

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