10-2-807. Acceptance or denial of an annexation petition -- Petition certification process -- Modified petition.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(i)A municipal legislative body may:

(A)subject to Subsection (1)(a)(ii), deny a petition filed under Section 10-2-806 ; or

(B)accept the petition for further consideration under this part.

(ii)A petition shall be considered to have been accepted for further consideration under this part if a municipal legislative body fails to deny or accept the petition under Subsection (1)(a)(i):

(A)in the case of a city of the first or second class, within 14 days after the petition is filed; or

(B)in the case of a city of the third, fourth, or fifth class or a town, at the next regularly scheduled meeting of the municipal legislative body that is at least 14 days after the date the petition 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; and

(ii)the county clerk of the county in which the area proposed for annexation is located.

(2)If the municipal legislative body accepts a petition under Subsection (1)(a)(i)(B) or is considered to have accepted the petition under Subsection (1)(a)(ii), the municipal records officer shall, within 30 days after the day of acceptance:

(a)obtain from the assessor, clerk, surveyor, and recorder of the county in which the area proposed for annexation is located the records the municipal records officer needs to determine whether the petition meets the requirements of Subsections 10-2-806(3) and (4);

(b)with the assistance of the municipal attorney, determine whether the petition meets the requirements of Subsections 10-2-806(3) and (4); and

(i)if the municipal records officer determines that the petition meets the requirements described in Subsection

(2)(b), certify the petition and mail or deliver written notification to:

(A)the municipal legislative body;

(B)the contact sponsor; and

(C)the county legislative body; or

(ii)if the municipal records officer determines that the petition fails to meet a requirement described in Subsection (2)(b), reject the petition and mail or deliver written notification of the rejection and the reasons for the rejection to:

(A)the municipal legislative body;

(B)the contact sponsor; and

(C)the county legislative body.

(3)The day the municipal records officer mails or delivers written notification of the certification, as described in Subsection (2)(c)(i) , is the day of certification.

(i)If the municipal records officer rejects a petition under Subsection (2)(c)(ii), the petition sponsor may modify the petition to correct the deficiencies for which it was rejected and refile the petition with the municipal records officer.

(ii)A signature on an annexation petition filed under Section 10-2-806 may be used toward fulfilling the signature requirement of Subsection 10-2-806(2)(b) for the petition as modified under Subsection (4)(a)(i).

(b)If a petition is refiled under Subsection (4)(a) after having been rejected by the municipal records officer under Subsection (2)(c)(ii), the refiled petition shall be treated as a newly filed petition under Subsection 10-2-806(1) .

(5)Any vote by a municipal legislative body to deny a petition under this part may be recalled and set for reconsideration by a majority of the voting members of the municipal legislative body.

(6)Each county assessor, clerk, surveyor, and recorder shall provide copies of records that a municipal records officer requests under Subsection (2)(a).

Renumbered and Amended by Chapter 399 , 2025 General Session