DEC-16-'97 TUE 12:22 ID: TEL NO: 8018 p02 WEBER COUNTY ATTORNEY'S OFFICE 2380 Washington Boulevard, 2nd Floor Ogden, Utah 84401 Telephone: (801) 399-8377 24 Hour FAX: (801) 399-8304 Mark R. DeCaria Weber County Attorney Attorneys CHIEF- William F. Dane Les Darocal Richard A. Parmley Gary R. Heward David C. Wilson Margaret S. Naisbitt L. Dean Saunders Monette Hurtado Brenda B. Clifton David S. Kottler Administration Investigations ROO Carpenter Victim Assistance Sharl Vanderheide Berry Mueller Susan McNeeley December 4, 1997 Mayor Jimmie A. Papageorge Farr Wast City 2090 N 2000 W Farr West City UT 84404 RE: PETITION FOR ANNEXATION INTO FARR WEST CITY Dear Mayor Papageorge and Council Members: It has come to my attention that Farr West City (is planning to hold a public to consider the Frank S. Blair Family Ltd., Partnership petition for annexation. It is the position of Weber County that the petition in question cannot properly be certified, As discussed in Monette Hurtado's letter to you dated March 10, 1997, although petitioners submitted their written petition for annexation on October 2, 1996, the required plat was not submitted to Farr West City until November 20, 1996. Therefore the petitioners did not have a petition that met the necessary requirements until November 20, 1996. Moreover, prior to November 20, the Township laws changed, and on November 12, 1995 Utah Code S 17-27a-105(4) prohibited annexation petitions from being filed without prior approval of the township planning and zoning board. Because no such approval was obtained, the petition was never properly filed. Further, even assuming the petition was properly filed, it contains technical deficiencies which could only be overcome by refiling. See Utah Code S 10-2-405(3)(b), Utah Code 10-2-404(1), states: "Except as provided in Subsection (3), an annexation petition filed before and still pending on May 5, 1997, that fails to comply with the requirements of Subsections 10-2-403(2), (3), and (41 is invalid." Pursuant to S 10-2-406(2), determination of whether these requirements have been mat is to be made with the assistance of the County clerk, surveyor, and recorder. These offices have not yet been consulted, and It Is not clear whether the petition contains the required landowner signatures. However, the petition clearly has not designated a contact sponsor and mailing address as required by 10-2-403(2)(d). According to Utah Code 10-2-405(3)(b), a refiled petition shall be treated as a newly filed petition. However, 10-2-403(4) prohibits the filing of petitions for annexation of an area that includes some or all of an area proposed to be Incorporated in a request for feasibility study filed prior to the annexation petition, If the request is still pending. A request for feasibility study was filed on June 24, 1997 and Is now pending. printed on recycled paper 104