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[Utah Code Table of Contents]
[TITLE 17. Table of Contents]
17-2-1 County to county - Petition - Election - Ballots.
Whenever a majority of the legal voters of any county desire to have the territory included within the boundaries of such county annexed to an adjoining county they may petition the county legislative body of the county in which they reside, which is hereafter referred to as the county to be annexed, as well as the county legislative body of the county to which they desire to be annexed, which shall hereafter be referred to as the annexing county. Such petition must be presented before the first Monday in June of any year, and, if presented in a year during which a general election is held, the county legislative body must cause said proposition to be submitted to the legal voters of each of said counties at the ensuing general election. If the petition is presented during a year in which there is no general election, the county legislative body must call a special election to be held on the first Tuesday after the first Monday in November following the presentation of such petition, and must cause the proposition to be submitted to the legal voters of the respective counties on that day. Except as otherwise provided, such election shall be held, the results canvassed, and returns made under the provisions of the general election laws of the state. The ballot to be used shall be:
For annexing ____ county to ____ county.
Against annexing ____ county to ____ county.
1993
17-2-2 Election returns transmitted to lieutenant governor.
As soon as the returns of the vote upon such proposition
have been canvassed by the county boards of canvassers each
county clerk must make a certified abstract thereof, seal
up such abstract, endorse it "election returns," and without
delay transmit it by registered mail to the lieutenant governor.
1984
17-2-3 Certification of election result to governor.
The certified abstract of such returns must be filed in
the office of the lieutenant governor, and, if it appears
therefrom that a majority of the voters in each of the counties
have voted in favor of such annexation, the lieutenant governor
must certify the result of such vote to the governor.
1984
17-2-4 When annexation effective - Governor's proclamation - Notice to State Tax Commission.
(1) Upon receipt of the election result from the lieutenant governor under Section 17-2-3 , the governor shall issue a proclamation, stating the result of the vote in each of the counties, and that the annexation of the one county to the other will take effect as provided in Subsection (2).
(2) An annexation approved at an election under Section 17-2-1 takes effect on January 1 of the year immediately following issuance of the governor's proclamation.
(3) (a) Within 30 days after the issuance of the governor's proclamation under Subsection (1), the legislative body of the annexing county shall send a notice to the State Tax Commission.
(b) Each notice under Subsection (3)(a) shall include:
(i) a copy of the governor's proclamation;
(ii) a certification that all necessary legal requirements relating to the annexation have been completed; and
(iii) a map or plat that delineates an accurate metes
and bounds description of the annexing county following annexation.
2002
17-2-5 Conditions of annexation.
Whenever a majority of the legal voters of each of the counties to which the proposition is submitted vote in favor of annexing one county to another in the manner provided in this chapter such annexation shall be made under the following conditions:
(1) Such annexation shall be complete and take effect on the first Monday of January following the day of the election at which such proposition was submitted.
(2) All territory theretofore included within the boundaries of the county annexed shall become the territory of the annexing county.
(3) The precincts and school districts existing in the county annexed shall continue and become precincts and school districts in the annexing county and shall remain as then organized until changed in the manner provided by law, and the officers of such precincts and school districts shall hold their respective offices until the expiration of the terms thereof.
(4) All property, both real and personal, held and owned by the county annexed shall be vested in the annexing county.
(5) The terms of all county officers in the county annexed shall terminate and cease on the day the annexation takes effect, and it is made the duty of such officers to immediately deliver to the corresponding officers of the annexing county all books, records and papers of the annexed county.
(6) Any person who is confined under lawful commitment in the county jail of the county annexed, or otherwise lawfully held to answer for alleged violation of any of the criminal laws of this state, shall be immediately delivered to the sheriff of the annexing county, and such person shall be confined in its county jail for the unexpired term of the sentence or held as specified in the commitment.
(7) All criminal proceedings pending in the county annexed shall be prosecuted to judgment and execution in the annexing county; all offenses theretofore committed in the county annexed which shall not have been prosecuted shall be prosecuted in the annexing county.
(8) All actions, proceedings and matters pending in the district court of the county annexed may be proceeded with in the district court of the annexing county.
(9) All indebtedness of the county annexed shall be transferred
to and become the indebtedness of the annexing county with
the same effect as if it had been incurred by such county.
1953
17-2-6 Annexation of portion of county to adjoining county - Petition - Election - Ballots.
(1) (a) Except as provided in Section 17-2-13 , whenever a majority of the legal voters of any portion of any county, in number equal to a majority of the votes cast at the preceding general election within that portion of the county, desire to have the territory within which they reside included within the boundaries of an adjoining county they may petition the county legislative body of the county in which they reside, which is hereafter referred to as the county from which territory is to be taken, as well as the county legislative body of the county to which they desire to be annexed, which is referred to as the annexing county.
(b) Such petition must be presented before the first Monday in June of a year during which a general election is held, and the county legislative body must cause such proposition to be submitted to the legal voters residing in the county from which territory is to be taken as well as to the legal voters of the annexing county at the ensuing general election.
(2) (a) Except as otherwise provided, the election provided in Subsection (1) shall be held, the results canvassed, and returns made under the provisions of the general election laws of the state.
(b) The ballot to be used shall be:
For annexing a portion of ____ county to ____ county.
Against annexing a portion of ____ county to ____ county.
2003
17-2-7 Election returns transmitted to lieutenant governor.
As soon as the returns of the vote upon the proposition
under Subsection
17-2-6
(1) have been canvassed by the county boards
of canvassers, each county clerk shall make a certified abstract
of the returns, endorse it "election returns," and without
delay transmit it by registered mail to the lieutenant governor.
2003
17-2-8 Certification of election result to governor.
(1) The certified abstract under Section 17-2-7 shall be filed in the office of the lieutenant governor.
(2) In an election held under Subsection
17-2-6
(1), if it appears from the certified abstracts
that a majority in each county of those voting have voted
in favor of such annexation, the lieutenant governor shall
certify the result of such vote to the governor.
2003
17-2-9 When annexation effective - Governor's proclamation - Notice to State Tax Commission.
(1) Upon receipt of the lieutenant governor's certification under Section 17-2-8 , the governor shall issue a proclamation, stating the result of the vote in each county, and that the annexation of the territory to the annexing county will take effect as provided in Subsection (2).
(2) An annexation approved at an election under Section 17-2-6 takes effect on January 1 of the year immediately following issuance of the governor's proclamation.
(3) (a) Within 30 days after the issuance of the governor's proclamation under Subsection (1), the legislative body of the annexing county shall send a notice to the State Tax Commission.
(b) Each notice under Subsection (3)(a) shall include:
(i) a copy of the governor's proclamation;
(ii) a certification that all necessary legal requirements relating to the annexation have been completed; and
(iii) a map or plat that delineates an accurate metes
and bounds description of the area that was annexed.
2002
17-2-10 Territory becomes part of annexing county - Division of revenues.
(1) Upon the effective date of the annexation, all the area proposed to be annexed shall become part of the annexing county.
(2) (a) The legislative body of the county in which the area proposed to be annexed is located before annexation shall:
(i) until the date of annexation, continue:
(A) to levy and collect ad valorem property tax and other revenues from or pertaining to the area; and
(B) except as otherwise agreed with the annexing county, to provide the same services to the area proposed to be annexed as the county provided before the commencement of the annexation proceedings; and
(ii) after annexation, share pro rata with the annexing county the taxes and service charges or fees levied and collected by the county during the year of the annexation if and to the extent that the annexing county provides, by itself or by contract, the same services for which the county levied and collected the taxes and service charges or fees.
(b) The pro rata allocation of taxes under Subsection
(2)(a)(ii) shall be based on the date of annexation, and
the pro rata allocation of service charges and fees shall
be based on the proportion of services related to the service
charges and fees that remain to be rendered after annexation.
2002
17-2-11 Effect on precincts and school districts - Assumption of indebtedness.
The precincts and school districts in the annexed territory
shall continue, and shall become precincts and school districts
in the annexing county and shall remain as then organized
until changed in the manner provided by law, and the officers
of such precincts and school districts shall hold their respective
offices until the expiration of the terms thereof; provided,
that whenever pursuant to the provisions of this chapter
any precinct or school district shall be divided the same
shall become disorganized, and the property and territory
embraced therein shall be subject to the action of the county
legislative body of the respective counties; provided further,
that any bonded or other indebtedness of any such school
district shall attach to, and become the obligation of, the
district that shall be created out of the territory that
shall retain the buildings and other property of the original
district.
1993
17-2-12 Pending criminal proceedings.
All criminal proceedings and actions which shall be pending
in the annexed territory shall be prosecuted to judgment
and execution in such annexed territory as part of the annexing
county. All offenses theretofore committed in the annexed
territory which shall not have been prosecuted may be prosecuted
to judgment and execution in such annexed territory or any
part of the annexing county.
1953
17-2-13 Minor adjustments to county boundaries authorized - Public hearing - Joint resolution of county legislative bodies.
(1) Counties sharing a common boundary may, in accordance with the provisions of Subsection (2) and Article XI, Section 3, of the Utah Constitution, adjust all or part of the common boundary to move it up to 1,000 feet from its location before the adjustment.
(2) The legislative bodies of both counties desiring to adjust a common boundary in accordance with Subsection (1) shall:
(a) hold a joint public hearing on the proposed boundary adjustment;
(b) in addition to the regular notice required for public meetings of the county legislative bodies, mail written notice to all real property owners of record whose property may change counties as the result of the proposed adjustment; and
(c) adopt a joint resolution approved by both county legislative bodies which:
(i) approves the proposed boundary adjustment;
(ii) sets forth the legal description of the county boundary after the adjustment; and
(iii) provides an effective date for the boundary adjustment.
(3) Upon the effective date of the joint resolution under
Subsection (2)(c), all territory designated to be annexed
into another county shall become the territory of the annexing
county and the provisions of Sections
17-2-11
and
17-2-12
shall apply in the same manner as with any
other annexations under this chapter.
2002
