17B-1-403 - Initiation of annexation process -- Petition and resolution. - Utah Statutes

17B-1-403. Initiation of annexation process -- Petition and resolution.
(1) Except as provided in Sections 17B-1-415, 17B-1-416, and 17B-1-417, the process toannex an area to a local district may be initiated by:
(a) (i) for a district whose board of trustees is elected by electors based on the acre-feet ofwater allotted to the land owned by the elector and subject to Subsection (2), a petition signed bythe owners of all of the acre-feet of water allotted to the land proposed for annexation; or
(ii) for all other districts:
(A) a petition signed by:
(I) the owners of private real property that:
(Aa) is located within the area proposed to be annexed;
(Bb) covers at least 10% of the total private land area within the entire area proposed tobe annexed and within each applicable area; and
(Cc) is equal in assessed value to at least 10% of the assessed value of all private realproperty within the entire area proposed to be annexed and within each applicable area; or
(II) the owner of all the publicly owned real property, if all the real property within thearea proposed for annexation is owned by a public entity other than the federal government; or
(B) a petition signed by registered voters residing within the entire area proposed to beannexed and within each applicable area equal in number to at least 10% of the number of votescast within the entire area proposed to be annexed and within each applicable area, respectively,for the office of governor at the last regular general election before the filing of the petition;
(b) a resolution adopted by the legislative body of each county whose unincorporatedarea includes and each municipality whose boundaries include any of the area proposed to beannexed; or
(c) a resolution adopted by the board of trustees of the proposed annexing local district if,for at least 12 consecutive months immediately preceding adoption of the resolution, the localdistrict has provided:
(i) retail service to the area; or
(ii) a wholesale service to a provider of the same service that has provided that service ona retail basis to the area.
(2) If an association representing all acre-feet of water allotted to the land that isproposed to be annexed to a local district signs a petition under Subsection (1)(a)(i), pursuant to aproper exercise of authority as provided in the bylaws or other rules governing the association,the petition shall be considered to have been signed by the owners of all of the acre-feet of waterallotted to the land proposed for annexation, even though less than all of the owners within theassociation consented to the association signing the petition.
(3) Each petition and resolution under Subsection (1) shall:
(a) describe the area proposed to be annexed; and
(b) be accompanied by a map of the boundaries of the area proposed to be annexed.
(4) The legislative body of each county and municipality that adopts a resolution underSubsection (1)(b) shall, within five days after adopting the resolution, mail or deliver a copy ofthe resolution to the board of trustees of the proposed annexing local district.

Renumbered and Amended by Chapter 329, 2007 General Session