A. Submission Of Petition; Information Required: When annexation is initiated by petition, the property owner or owners shall submit to the city recorder a petition for annexation. The petition shall comply with all of the following requirements:
1. Contain the names and signatures of:
a. The owners of private real property that:
(1) Is located within the area proposed for annexation,
(2) Subject to subsection A1a(3) of this section, covers a majority of the private land area within the area proposed for annexation,
(3) Covers one hundred percent (100%) of the private land area within the area proposed for annexation, if the area is within an agriculture protection area created under title 4, chapter 7, "Agriculture Protection Area", of this code, and
(4) Is equal in value to at least one-third (1/3) of the value of all private real property within the area proposed for annexation; or
b. If all the real property within the area proposed for annexation is owned by a public entity other than the federal government, the owners of all the publicly owned real property.
2. Be accompanied by an accurate and recordable map of the property to be annexed, prepared by a licensed surveyor and intended to meet the requirements of section 17-23-17 Utah Code Annotated, as amended, accurately describing the existing city boundaries and providing an accurate legal description of the property to be annexed and the number of acres to be annexed.
3. Designate at least one of the signers of the petition as the contact sponsor, and indicate the mailing address and telephone number of the contact sponsor.
4. Be accompanied by the annexation fee covering the costs of processing an annexation petition.
5. Be accompanied by a recommendation from the Ogden City planning commission.
B. Complete Petition; Referral And Recommendation: If the petition appears to comply with the requirements of subsections A1 through A5 of this section, the city recorder shall refer the petition, and a copy of the map, to the Ogden City planning commission for review and recommendation, in accordance with section 1-6-7 of this chapter, as to whether the petition should be denied or accepted for further consideration. Upon the city recorder's receipt of the recommendation of the planning commission, the filing of the petition shall be considered complete and the city recorder shall immediately refer the petition to the city council, who may:
1. Deny the petition; or
2. Accept the petition for further consideration.
C. Failure To Deny: The city council's failure to deny the petition within fourteen (14) days after the city recorder's receipt of the recommendation from the planning commission shall be considered to be an acceptance of the petition for further consideration.
D. Denial By City Council; Notice: If the city council denies the petition, the city recorder shall, within five (5) days of the denial, mail written notice of the denial to the contact sponsor and the Weber County clerk.
E. Acceptance By City Council: If the petition is accepted for further consideration, the city recorder shall within thirty (30) days of that acceptance determine, with the assistance of the city attorney, and the clerk, surveyor and recorder of Weber County, whether the petition meets the requirements of Utah Code Annotated subsections 10-2-403(2), (3) and (4), as amended.
F. Certification: If the city recorder determines that the petition meets the requirements of state law, the city recorder shall:
1. Certify the petition and notify in writing the city council and the contact sponsor of the certification; and
2. Provide notice of certification as required under Utah Code Annotated section 10-2-406, as amended.
G. Failure To Meet State Requirements: If the city recorder determines that the petition fails to meet any of the requirements of state law, the city recorder shall reject the petition and notify in writing the city council, the contact sponsor, and the Weber County commission of the rejection and the reasons for the rejection. The petition may be modified by the petitioners to correct the deficiencies and be refiled as a newly filed petition, except that an additional filing fee shall not be required.
(1979 Code § 2.80.020; Ord. 98-32, 4-28-1998; amd. Ord. 2001-61, 10-23-2001; Ord. 2006-24, 5-16-2006)