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City Attorney

Roger Baker
Tooele City Attorney

90 North Main Street
Tooele, UT 84074

Phone: 435.843.2120
Fax: 435.843.2129

Title 7. Chapter 24. Annexed Areas

7-24-1. Procedure for annexation.

(1) Whenever a majority of the real property owners and not less than one third (1/3) of the real property owners as determined by the value of all of the tracts taken together in the contiguous area to be annexed, according to the last assessment rolls, desire to have Tooele City annex the particular area to Tooele City, they shall proceed as follows:

(a) Prepare a written petition signed by the said majority, and by one third (1/3) of the real property owners by value, as determined by the last assessment rolls, of the real property to be annexed; which petition shall be directed to the Tooele City Planning and Zoning Board and the Tooele City Council, and shall petition said Board and Council for the annexation of a particular contiguous area to Tooele City, and shall set forth the legal description of the entire tract to be annexed.

(b) In addition, said property owners shall cause an accurate plat of such territory to be prepared under the supervision of the Tooele City Engineer or by a surveyor licensed by the State of Utah setting forth the metes and bounds description of the territory to be annexed and designating both limits to which it is contiguous. Said plat shall also include, in the margin, a proper certification with date, signature and seal by the Engineer or surveyor preparing the same, an Approval for Execution by the Planning and Zoning Board of Tooele City including the date of execution and lines for the signatures of each member approving the same, an Approval for Execution by the members of the City Council approving the plat, including the date and a signature line for each member executing the same, a marginal box for execution by the City Attorney approving the plat as to form, a marginal box for the Tooele City Recorder’s certification that the same was filed with the City Recorder’s Office and indicating the day and time of said filing as well as a separate certification by the City Recorder that said plat and Ordinance Number was approved by the City Council including the date of approval and certification by the City Council. In addition, a marginal box shall be provided for the County Recorder’s documentation as to the book, page, date and time of recordation as well as the signature and seal of the County Recorder. There shall be no other marginal notations upon the plat.

(c) After the plat has been prepared as set forth in Section 1(b) hereof and the petition has been executed by each real property owner signing the same, their signatures having been acknowledged by a Notary Public, said petition and plat shall be presented to the City Attorney for his or her approval as to form.

(d) Subsequent to the approval of the City Attorney as to the form of the plat, said petition and plat shall be presented to the Tooele City Planning and Zoning Board at either a general or special meeting, attended by a quorum or majority of said Board for approval of said body.

(e) Upon approval by the Planning and Zoning Board and the execution of Approval upon the plat by signatures of a majority of the members of said Board voting therefor, the plat and petition shall be filed with the City Recorder who shall present the same to the Tooele City Council at the next regular meeting thereof, for the approval by the City Council.

(f) If two thirds (2/3) of all of the members of the City Council vote at a regular meeting of said Council for the annexation as petitioned, they shall so declare said annexation by Ordinance passed by said two thirds (2/3) of all members of the Council. Those members declaring the annexation by Ordinance shall execute their approval by signature upon the plat in the place provided.

(g) Subsequent to the approval by the City Council, the City Recorder shall cause said plat and the Ordinance to be certified as to their authenticity indicating the day of approval by a two thirds (2/3) majority of the council and shall cause the same to be recorded in the office of the Tooele County Recorder.

(Ord. 84-01, 01-04-84; Ord. 75-12, 05-12-75)

7-24-2. Initial zoning classifications.

All new areas annexed to Tooele City as provided above shall be classified as the City Council shall ordain in the Ordinance of annexation. No portion of said territory shall be granted a variance or be re- classified to another zoning designation without the procedure provided by the Tooele City Code for such variances or reclassifications being adhered to.

(Ord. 84-01, 01-04-84; Ord. 75-12, 05-12-75)

7-24-3. Transfer of Water Shares.

(1) Annexation approval is conditioned upon all annexation petitioners executing an Annexation Agreement with the City. The Agreement shall provide, among other things, for the transfer of water rights to the City in compliance with Chapter 26 of this Title. Execution of the Agreement shall occur prior to a City Council vote on the proposed annexation. Refusal to execute the Agreement shall be grounds for refusing to annex the land subject to the petition.

(2) The City Recorder shall cause the Agreement to be recorded with the Tooele County Recorder as an encumbrance upon the title to the annexed property. A copy of the executed Agreement shall be attached to the Annexation Individual Policy Declaration approved by the City Council, and shall be recorded with the Policy Declaration.

(Ord. 98-31, 08-18-98); (Ord. 96-22, 11-6- 96); (Ord. 95-20, 12-15-95)

 

Click Here for a .pdf copy of Title7 Chapter24

Please Note:  Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted.  If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.

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