State Codes and Statutes
Statutes > Utah > Title-10 > Chapter-02 > 10-2-40510-2-405. Acceptance or denial of an annexation petition -- Petition certificationprocess -- Modified petition.
(1) (a) (i) A municipal legislative body may:
(A) subject to Subsection (1)(a)(ii), deny a petition filed under Section 10-2-403; or
(B) accept the petition for further consideration under this part.
(ii) A petition shall be considered to have been accepted for further consideration underthis part if a municipal legislative body fails to act to deny or accept the petition underSubsection (1)(a)(i):
(A) in the case of a city of the first or second class, within 14 days after the filing of thepetition; or
(B) in the case of a city of the third, fourth, or fifth class or a town, at the next regularlyscheduled meeting of the municipal legislative body that is at least 14 days after the date thepetition was filed.
(b) 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:
(i) the contact sponsor;
(ii) the clerk of the county in which the area proposed for annexation is located; and
(iii) if any of the area proposed for annexation is within a township:
(A) the legislative body of the county in which the township is located; and
(B) the chair of the planning commission.
(2) If the municipal legislative body accepts a petition under Subsection (1)(a)(i) or isconsidered to have accepted the petition under Subsection (1)(a)(ii), the city recorder or townclerk, as the case may be, shall, within 30 days after that acceptance:
(a) obtain from the assessor, clerk, surveyor, and recorder of the county in which the areaproposed for annexation is located the records the city recorder or town clerk needs to determinewhether the petition meets the requirements of Subsections 10-2-403(3), (4), and (5);
(b) with the assistance of the municipal attorney, determine whether the petition meetsthe requirements of Subsections 10-2-403(3), (4), and (5); and
(c) (i) if the city recorder or town clerk determines that the petition meets thoserequirements, certify the petition and mail or deliver written notification of the certification to themunicipal legislative body, the contact sponsor, the county legislative body, and the chair of theplanning commission of each township in which any part of the area proposed for annexation islocated; or
(ii) if the city recorder or town clerk determines that the petition fails to meet any ofthose requirements, reject the petition and mail or deliver written notification of the rejection andthe reasons for the rejection to the municipal legislative body, the contact sponsor, the countylegislative body, and the chair of the planning commission of each township in which any part ofthe area proposed for annexation is located.
(3) (a) (i) If the city recorder or town clerk rejects a petition under Subsection (2)(c)(ii),the petition may be modified to correct the deficiencies for which it was rejected and then refiledwith the city recorder or town clerk, as the case may be.
(ii) A signature on an annexation petition filed under Section 10-2-403 may be usedtoward fulfilling the signature requirement of Subsection 10-2-403(2)(b) for the petition asmodified under Subsection (3)(a)(i).
(b) If a petition is refiled under Subsection (3)(a) after having been rejected by the city
recorder or town clerk under Subsection (2)(c)(ii), the refiled petition shall be treated as a newlyfiled petition under Subsection 10-2-403(1).
(4) Each county assessor, clerk, surveyor, and recorder shall provide copies of recordsthat a city recorder or town clerk requests under Subsection (2)(a).
Amended by Chapter 205, 2009 General Session
