ANNEXATIONFOR CLERKS AND RECORDERS

Why do we need laws or policies?

Planning Commission – public meeting and a public hearing

City Council – public hearing Must contain:

- a map of expansion area - a statement of the specific criteria for annexations including:◦ - character of the community;◦ - need for municipal services - plans to extend them (financing?)◦ - estimate of the tax consequences to residents (in and out) ◦ - interests of all affected entities◦ - justification for excluding urban development w/in 1/2 mile◦ - statement addressing any comments made by affected entities

w/in 10 days after public meeting

Annexation Policy Declaration

1st Class Counties – Notice of Intent 14 days or next regular meeting or deemed

accepted. Petition must contain:

◦ Proper signatures◦ Accurate map prepared by licensed surveyor◦ Foreign County Resolution (if applicable)◦ Can’t file if another petition or a feasibility study

is pending◦ Forward petition to city council◦ 1st Class Counties

PETITION

Annexation must begin with a petition.

GENERAL RULE

Boundary Adjustments between cities Annexation of Islands and Peninsulas Less than 50 acres of unimproved land with

county approval (not in 1st Class Cities)

EXCEPTIONS

Located in area proposed for annexation Covers majority of private land area 100% of private land within Rural Real

Property At least 1/3 value of all private property If all property is public, 100% of all publicly

owned property.

PROPER SIGNATURES

Zoned primarily for manufacturing, commercial or agricultural purposes (Section 17B-2a-1107)

No residential units > 1 unit per acre

1500 Acre plus Is in a mining protection area Is in an industrial protection area

Rural Real Property

Within 30 days:◦ Obtain information from assessor, surveyor, clerk

and recorder of county to verify requirements met◦ Check with City Attorney◦ Certify petition to city legislative body or◦ Reject petition – notify city legislative body and

sponsors◦ Within 20 days send notice of certification to each

affected entity

CERTIFICATION

Within 10 days after notice of certification is given to legislative body:

Publish notice of certification of petition containing:◦ Petition has been filed◦ Date of certification receipt from legislative body◦ Description of area to be annexed◦ Location where petition can be viewed◦ Define right to protest◦ Special district information

AFTER CERTIFICATION

Must be filed within 30 days of legislative body’s receipt of notice of certification

Must be filed with the commission if it exists or county clerk – also with the city recorder – same date

County clerk must notify county legislative body immediately and within 5 days from receipt of protest or establishment of a commission, deliver it to commission

PROTEST

City Council at the end of the 30 days for filing protest, can deny the petition – within 5 days, let everyone know

Wait until protest is completed, then act on commissions recommendations

IF THERE IS A PROTEST

Hold a public hearing Give notice of the hearing 7 day prior Approve the annexation

IF NO PROTEST IS FILED

Within 30 days:◦ Send notice to each affected entity◦ File with the Lt. Governor’s office a certified copy

of the ordinance together with a map◦ File map with County Surveyor◦ Notice all special districts◦ Within 45 days send notice to State Tax

Commission◦ File certified copy of ordinance and map with

State Bureau of Emergency Medical Services

AFTER ANNEXING

As of date Lt. Governor’s office issues certification (1st Class Cities additional requirements)

Presumption that you are annexed – if:◦ Paid property tax to annexing entity for 1 year or◦ No court challenge for 1 year

ANNEXATION IS FINAL

Annexation Timeline

First Month Annexation Petition submitted

1 2 3 4 5 6

7 8 9 10 11 12 13

14 Deadline for City Council to accept or deny petition. (Or at next regular meeting)

15 If City Council has failed to act, petition is accepted.

16 17 18 19 If petition was denied, deadline for Recorder to send notices.

20

21 22 23 24 25 26 27

28 29 30 31

Second Month 32 33 34 35 36 37 38

39 40 41 42 43 44 If petition was accepted, deadline for Recorder to certify and send notice.

45

46 47 City Council receives notice of certification.

48 49 50 51 52

53 54 55 56 57 Deadline for City to publish notice of proposed annexation.

58 59

60 61

Third Month 62 63 64 65 66 67 Deadline

for City to send notice to affected entities.

68

69 70 71 72 73 74 75

76 77 Deadline for affected entities to file protest.

78 If no protest, City may grant annexation after a public hearing. (7-day notice required)

79 If protest is pending, City may deny petition at next meeting.

80 81 82

83 84 85 86 87 88 89

90 91 92

Fourth Month 93 94 95 96 97 98 99

100 101 102 103 104 105 106

107 Deadline for Boundary Commission to hold hearing on protests.

108 109 110 111 112 113

114 115 116 117 118 119 120

121 122

Fifth Month 123 124 125 126 127 128 129

130 131 132 133 134 135 136

137 Deadline for Boundary Commission to send copies of written decision.

138 City may deny or grant annexation subject to Commission decision.

139 140 141 141 143

144 145 146 147 148 149 150

151 152 153