2-13.6 ANNEXATION BY PETITION

A. each proposed annexation which does not meet the conditions of subsection 2-13.5(A) above, must be initiated by petition. Each such petition shall meet the following requirements: 1. each petition must be filed with the Cleveland Town Recorder; and 2. each petition must contain the signatures of the owners of private real property that: a. is located within the area proposed for annexation; b. (i) covers a majority of the private land area within the area proposed for annexation; or (ii) if the area is within an agriculture protection area created under State Law, UCA, covers 100 percent of the private land area within the area proposed for annexation; and c. is equal in value to at least 1/3 of the value of all private real property within the are proposed for annexation; 3. each petition must be accompanied by an accurate plat or map, prepared by a licensed surveyor, of the area proposed for annexation; and 4. each petition must be accompanied by proposed documents conveying required water rights to the Town for each new culinary or secondary water connection to be installed in the area to be annexed, as prescribed by Resolution ???? or any superseding resolution; and 5. each petition must designate at least one, but not more than five of the signers of the petition as sponsors, one of whom shall be designated as the contact sponsor, and indicate the mailing address of each sponsor. B. The following limitations shall also apply to each petition submitted pursuant to subsection (A) above: 1. A petition may not propose the annexation of all or any part of an area proposed for annexation to a municipality in a previously filed petition that has not been denied, rejected, or granted. 2. A petition may not propose the annexation of all or any part of an area that is included in a proposal of incorporation as a municipality in a request for a feasibility study under Section 10-2-125, UCA, provided that; a. the request or petition for incorporation of the area as a municipality was filed before the annexation petition was submitted for filing; and b. the request for feasibility study, or incorporation petition is still pending on the date the annexation petition is submitted for filing. 3. If practicable and feasible, the boundaries of an area proposed for annexation shall be drawn along the boundaries of existing special districts for sewer, water, and other services, along the boundaries of school districts whose boundaries follow Town boundaries or school districts adjacent to school districts whose boundaries follow Town boundaries, and along the boundaries of other taxing entities: a. to eliminate islands and peninsulas of territory that are not receiving municipal-type services; b. to facilitate the consolidation of overlapping functions of local government; c. to promote the efficient delivery of services; and d. to encourage the equitable distribution of community resources and obligations. C. On the date the petition is filed, the sponsors of the petition shall, deliver or mail a copy of the petition to: 1. the Emery County Clerk; and 2. The chairperson of the Emery County Planning Commission.