2-13.9 PROTEST TO ANNEXATION PETITION REQUIREMENTS

DISPOSITION IF NO PROTEST AND PLANNING COMMISSION RECOMMENDATION A. 1. 2. 3. A protest to an annexation petition may be filed in accordance with state law by: a. the Emery County Commission; or b. the board of a special district whose boundaries include part or all of the area proposed for annexation; or c. the legislative body of a municipality whose boundaries are within ½ mile of the area proposed for annexation; or d. the owners of private real property that: (i) is located in the unincorporated area within ½ mile of the area proposed for annexation; (ii) covers at least twenty five (25%) percent of the private land area located in the unincorporated area within ½ mile of the area proposed for annexation; and (iii) is equal in value to at least fifteen (15%) percent of all real property located in the unincorporated area with ½ mile of the area proposed for annexation. The Emery County Planning Commission may recommend to the Emery County Commission that the County Commission file a protest against a proposed annexation of an unincorporated area located within the County. The Emery County Planning Commission shall communicate each recommendation for protest in writing to the Emery County Commission, to the Cleveland Town Council, and to the contact sponsor of the petition within thirty (30) days of the Town Recorder’s certification of the annexation petition. B. Protests to annexation petitions shall meet Utah State law set forth in Sections 10-2-401 through 10-2-428, inclusive, (Utah Code Annotated, 1953 as amended). 1. Each protest shall state each reason for the protest of the annexation petition. 2. The party filing a protest under this section shall, on the same date, deliver or mail a copy of the protest to the Town Recorder. 3. Each protest shall be filed with the boundary commission, or if Emery County has not created a boundary commission, then with the Emery County Clerk; and 4. If Emery County has not established a boundary commission at the time of the submission of a protest, the Town Recorder shall immediately notify the Emery County Commission of the protest and shall deliver the protest to the boundary commission within five (5) days of its creation pursuant to 10-2-409(1)(b), UCA. 5. Each protest filed by owners of private real property, pursuant to subsection (A)(1)(d) above, shall: a. indicate the typed or printed name and current residence address of each owner signing the protest; and b. designate on of the signers of the protest as the contact person and state the mailing address of the contact person. C. 1. a. If a protest to the annexation petition is filed: (i) the Town Council may, at its next regular meeting after expiration of the deadline prescribed by subsection (B)(1) above, deny the annexation petition; or (ii) if the Town Council does not deny the annexation petition, the Town Council shall take no further action on the annexation petition until after receipt of the boundary commission’s notice of its decision on the protest under Section 2-13.13 below. b. If the Town Council denies an annexation petition, the Council shall, within five (5) days of the denial, send notice of the denial in writing to: (i) the contact sponsor of the annexation petition; and (ii) the boundary commission; and (iii) each entity that filed a protest; and (iv) if a protest was filed pursuant to subsection (A)(1)(d) above, the contact person indicated in the protest. 2. a. If no timely protest to the annexation petition is filed, the Town Council may grant the petition and, by ordinance, annex the area that is the subject of the annexation petition. b. Before granting the annexation petition, the Town Council shall: (i) hold a public hearing; and (ii) at least seven (7) days before the public hearing, publish notice of the hearing in a newspaper of general circulation within Cleveland Town and within the area proposed for annexation.