House of Representatives
State of Utah
Mr. Speaker:
The Political Subdivisions Committee reports a favorable recommendation on 4th Sub. H.B. 164,
TOWN INCORPORATION PROCESS AMENDMENTS, by Representative M. Brown, with the
following amendments:
(5)(a).
subsection.
Fred R Hunsaker
Voting: 9-0-2
1. Page
2, Lines 26 through 28
:
26
. allows a county legislative body
in a first or second class county
}
the
option whether
27
to commission a financial feasibility study with respect to a proposed incorporation
28
of a town and provides a process for commissioning a financial feasibility study;
2. Page
5, Line 136
:
136
certification under Subsection
(5)
}
(6)
of a petition filed under Subsection (4).
3. Page
8, Lines 227 through 229
:
227
(i) at any time until the county clerk certifies the petition under Subsection
(5)
}
(6)
; and
228
(ii) by filing a signed, written withdrawal or reinstatement with the county clerk.
(i) to each owner of private real property owning more than 1% of the assessed
value of all private real property within the area proposed to be incorporated as a
town; and
(ii) within seven calendar days after the date on which the petition is filed.
(b) A private real property owner described in Subsection (5)(a)(i) may exclude
all or part of the owner's property from the area proposed to be incorporated as a
town by filing a notice of exclusion:
(i) with the county clerk; and
(ii) within ten calendar days after receiving the clerk's notice under Subsection
(c) The county legislative body shall exclude from the area proposed to be
incorporated as a town the property identified in the notice of exclusion under
Subsection (5)(b) if exclusion will not leave an unincorporated island within the
proposed town.
(d) If the county legislative body excludes property from the area proposed to
be incorporated as a town, the county legislative body shall send written notice of
the exclusion to the contact sponsor within five days after the exclusion.
229
(5)
}
(6)
Within 20 days after the filing of a petition under Subsection (4),
the county clerk
4. Page
9, Line 245
:
245
(6)
}
(7)
(a) (i) A petition that is rejected under Subsection
{
(5)
}
(6)
(b)(ii) may be amended to
5. Page
9, Lines 249 through 251
:
249
under Subsection
(6)
}
(7)
(a)(i) and then refiled with the county clerk.
250
(b) If a petition is amended and refiled under Subsection
(6)
}
(7)
(a)(i)
after having been
251
rejected by the county clerk under Subsection
(5)
}
(6)
(b)(ii):
6. Page
9, Lines 255 through 260
:
255
[(5)]
(7)
}
(8)
(a) (i) The legislative body of [each] a county
{
of the
first or second class
}
with
256
which a [base] petition is filed under [this section shall] Subsection (4) may, at its option
and
257
upon the petition being certified under Subsection
(5)
}
(6)
, commission and
pay for a financial
258
feasibility study [as provided in Section
10-2-103
].
259
(ii) If the legislative body
of a county of the first or second class
}
chooses
to
260
commission a financial feasibility study, the county legislative body shall:
7. Page
9, Lines 266 through 273
:
266
[(ii) If ] (b) The county legislative body shall approve a petition proposing the
267
incorporation of a town and hold an election for town officers, as provided in Subsection
(8)
}
(9)
,
268
if:
269
(i) in a county of the first or second class:
}
270
(A)
}
(i)
the county clerk has certified the petition under Subsection
{
(5)
}
(4)
; and
271
(B) (I) (Aa)
}
(ii)(A)(I)
the county legislative body has commissioned a
financial feasibility study
272
under Subsection
(7)
}
(8)
(a); and
273
(Bb)
}
(II)
the results of the financial feasibility [study under Subsection
(5)(a)(i) meet the
8. Page
10, Lines 277 through 281
:
277
(II)
}
(B)
the county legislative body chooses not to commission a
feasibility study
{
; or
278
(ii) in a county of the third, fourth, fifth, or sixth class, the county clerk has
certified
279
the petition under Subsection (5)
}
.
280
[(iii) If] (c) (i) If the legislative body
of a county of the first or second
class
}
281
commissions a financial feasibility study under Subsection
(7)
}
(8)
(a) and the
results of the
9. Page
10, Line 286
:
286
(A) deny the petition, subject to Subsection
(7)
}
(8)
(c)(ii);
10. Page
10, Line 289
:
289
Subsection
(8)
}
(9)
; or
11. Page
10, Lines 298 through 299
:
298
provided in Subsection
(8)
}
(9)
.
299
(ii) A county legislative body intending to deny a petition under Subsection
(7)
}
(8)
(c)(i)(A)
12. Page
10, Line 304
:
304
(7)
}
(8)
(c)(i)(C)(I) shall comply with those conditions.
13. Page
11, Lines 308 through 318
:
308
(8)
}
(9)
(a) The legislative body of the county in which the proposed new
town is located
309
shall [appoint a mayor and members of the town council from a list of qualified
individuals
310
approved by the petition sponsors] hold the election for town officers provided for in
311
Subsection
(7)
}
(8)
within:
312
(i) 45 days after the petition is certified, for an election under Subsection
313
(7)
}
(8)
(b)(i)(B)
{
(II) or (7)(b)(ii)
}
;
314
(ii) 45 days after the feasibility consultant submits the written results of the financial
315
feasibility study, for an election under Subsection
(7)
}
(8)
(b)
{
(i)(B)(I)
}
(ii)(A)
; or
316
(iii) 60 days after the feasibility consultant submits the written results of the
financial
317
feasibility study, for an election under Subsection
(7)
}
(8)
(c).
318
(b) The officers elected at an election under Subsection
(8)
}
(9)
(a) shall
take office:
14. Page
11, Line 322
:
322
incorporation under Subsection
(11)
}
(12)
, if the election of officers is held on
any other date.
15. Page
11, Line 325
:
325
[(7)]
(9)
}
(10)
Each newly incorporated town shall operate under the
[six-member]
16. Page
11, Line 327
:
327
[(8)]
(10)
}
(11)
(a) [Each mayor appointed under Subsection (6) shall,
within] Within seven
17. Page
11, Line 329
:
329
(8)
}
(9)
, the mayor-elect of the new town shall file at least three copies of the
articles of
18. Page
12, Line 337
:
337
(11)
}
(12)
A new town is incorporated:
19. Page
12, Line 340
:
340
Subsection
(8)
}
(9)
is held on a regular general or municipal general election
date; or
20. Page
12, Lines 343 through 344
:
343
officers under Subsection
(8)
}
(9)
is held on any other date.
344
(12)
}
(13)
For each petition filed before the effective date of this section:
21. Page
13, Line 379
:
379
10-2-125
(8)
}
(9)
.
22. Page
13, Line 392
:
392
10-2-125
(8)
}
(9)
, on any date that complies with the requirements of that
23. Page
15, Lines 430 through 431
:
430
date of this section" in Subsection
10-2-125
(12)
}
(13)
of this bill with the
actual effective date of this
431
bill.
Respectfully,
Committee Chair
3 hb0164.hc1.wpd 2/21/08 10:22 am jwade/JTW RHR/JTW
Bill Number
*HB0164S04*
HB0164S04