10-2-408.5 - Annexation of an area within a township -- Withdrawing the area from the township.
10-2-408.5. Annexation of an area within a township -- Withdrawing the area fromthe township.
(1) As used in this section:
(a) "Affected township" means a township some or all of which is proposed to beannexed to a municipality through an intra-township annexation.
(b) "Committee" means a committee appointed under Subsection (5)(a).
(c) "County legislative body" means the legislative body of the county in which anaffected township is located.
(d) "Intra-township annexation" means an annexation of an area that is partly or entirelywithin a township.
(e) "Municipal legislative body" means the legislative body of the municipality to whichan area within an affected township is proposed to be annexed through an intra-townshipannexation.
(f) "Township withdrawal" means:
(i) for an intra-township annexation that proposes the annexation of part of the township,the withdrawal of that area from the township; or
(ii) for an intra-township annexation that proposes the annexation of the entire township,the dissolution of the township.
(2) An intra-township annexation requires:
(a) the municipal legislative body's approval of the annexation, as provided in this part;and
(b) the approval of the township withdrawal by:
(i) the county legislative body; or
(ii) the committee as provided in Subsection (5), if the county legislative body does notapprove the township withdrawal.
(3) (a) No later than 30 days after receiving notice under Subsection 10-2-407(3)(b)(iii)or 10-2-408(2) of the municipal legislative body's approval of a proposed intra-townshipannexation, the county legislative body shall hold a public hearing on the proposed townshipwithdrawal that meets the requirements of Subsection 17-27a-306(3)(f)(ii).
(b) Before holding a public hearing under Subsection (3)(a), the county legislative bodyshall provide notice that meets the requirements of Subsection 17-27a-306(3)(f)(iii).
(c) (i) A public hearing required under Subsection (3)(a) may be combined with:
(A) the public hearing required under Subsection 10-2-407(3)(b)(ii), with the municipallegislative body's approval; or
(B) the public hearing required under Section 10-2-415, with the boundary commission'sapproval.
(ii) If public hearings are combined under Subsection (3)(c)(i), notice of the combinedpublic hearing shall be given as provided in Subsection (3)(b).
(4) (a) No later than 60 days after receiving notice under Subsection 10-2-407(3)(b)(iii)or 10-2-408(2) of the municipal legislative body's approval of a proposed intra-townshipannexation, the county legislative body shall make and issue a written decision approving ordisapproving the township withdrawal.
(b) In making its decision under Subsection (4)(a), the county legislative body shall, asapplicable, consider the factors listed in Subsection 17-27a-306(3)(g)(ii).
(5) (a) (i) If the county legislative body, in its written decision under Subsection (4)(a),
disapproves the township withdrawal, a committee shall be appointed consisting of:
(A) one elected official, other than a member of the municipal legislative body or themunicipality's mayor, appointed by the municipal legislative body;
(B) one elected official, other than a member of the county legislative body or the countyexecutive, appointed by the county legislative body; and
(C) one person who is:
(I) an elected official;
(II) a resident of the county in which the township is located; and
(III) appointed by the two committee members specified in Subsections (5)(a)(i)(A) and(B).
(ii) (A) The municipal legislative body and county legislative body shall each appoint itsrespective appointee within 10 business days after the county legislative body issues its writtendecision under Subsection (4)(a).
(B) The committee members under Subsections (5)(a)(i)(A) and (B) shall, within 20 daysafter their appointment, appoint the remaining member.
(b) Committee members shall serve without compensation.
(c) At the committee's request, the county shall provide the committee with necessarystaff assistance.
(d) The committee may, in its discretion and with reasonable advance public notice, holdone or more public hearings on the proposed township withdrawal.
(e) In making its decision to approve or disapprove the township withdrawal, thecommittee may consider the issue of township withdrawal anew without:
(i) considering the proceedings before the county legislative body; or
(ii) giving the county legislative body's decision any deference.
(f) Within 45 days after the appointment of the committee member under Subsection(5)(a)(i)(C), the committee shall make and issue a written decision approving or disapproving thetownship withdrawal.
(6) The municipal legislative body may adopt an ordinance approving the intra-townshipannexation if:
(a) the county legislative body, in its written decision under Subsection (4)(a), approvesthe township withdrawal; or
(b) the committee, in its written decision under Subsection (5)(e), approves the townshipwithdrawal.
Enacted by Chapter 205, 2009 General Session