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2006 Utah Code - 10-2-408 — Denial of or granting the annexation petition.
10-2-408. Denial of or granting the annexation petition.
(1) After receipt of the commission's decision on a protest under Subsection 10-2-416(2), a municipal legislative body may:
(a) except as provided in Subsection (2) for a proposed annexation of an area located in a county of the first class, deny the annexation petition; or
(b) if the commission approves the annexation, grant the annexation petition and, by ordinance and consistent with the commission's decision, annex the area that is the subject of the annexation petition.
(2) A municipal legislative body may not deny an annexation petition proposing to annex an area located in a county of the first class if:
(a) the petition contains the signatures of the owners of private real property that:
(i) is located within the area proposed for annexation;
(ii) covers a majority of the private land area within the area proposed for annexation; and
(iii) is equal in value to at least 1/2 of the value of all private real property within the area proposed for annexation;
(b) the population in the area proposed for annexation does not exceed 10% of the population of the proposed annexing municipality;
(c) the property tax rate for municipal services in the area proposed to be annexed is higher than the property tax rate of the proposed annexing municipality; and
(d) all annexations by the proposed annexing municipality during the year that the petition was filed have not increased the municipality's population by more than 20%.
(1) After receipt of the commission's decision on a protest under Subsection 10-2-416(2), a municipal legislative body may:
(a) except as provided in Subsection (2) for a proposed annexation of an area located in a county of the first class, deny the annexation petition; or
(b) if the commission approves the annexation, grant the annexation petition and, by ordinance and consistent with the commission's decision, annex the area that is the subject of the annexation petition.
(2) A municipal legislative body may not deny an annexation petition proposing to annex an area located in a county of the first class if:
(a) the petition contains the signatures of the owners of private real property that:
(i) is located within the area proposed for annexation;
(ii) covers a majority of the private land area within the area proposed for annexation; and
(iii) is equal in value to at least 1/2 of the value of all private real property within the area proposed for annexation;
(b) the population in the area proposed for annexation does not exceed 10% of the population of the proposed annexing municipality;
(c) the property tax rate for municipal services in the area proposed to be annexed is higher than the property tax rate of the proposed annexing municipality; and
(d) all annexations by the proposed annexing municipality during the year that the petition was filed have not increased the municipality's population by more than 20%.
Amended by Chapter 206, 2001 General Session
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