H.B. 158 Enrolled

INCORPORATION OF CITIES
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Brad L. Dee
This act modifies the Utah Municipal Code to expand application of a provision allowing
an owner of property to exclude that property from a proposed municipal incorporation
so that the provision applies to proposed incorporations in counties of the second class.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-2-104, as repealed and reenacted by Chapter 389, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-2-104 is amended to read:
10-2-104. Notice to owner of more than 1% of property -- Exclusion of property
from proposed boundaries.
(1) Within seven calendar days of the date on which a request under Section 10-2-103
is filed, the county clerk shall notify of the proposed incorporation each owner of real property
owning more than 1% of the assessed value of all property in the proposed incorporation
boundaries.
(2) (a) A property owner within the boundaries of a proposed municipality, owning
more than 1% of the assessed value of all property in the proposed incorporation boundaries,
may exclude all or part of the property owner's property from the proposed boundaries by filing
a Notice of Exclusion within ten calendar days of receiving the clerk's notice under Subsection
(1).
(b) The county legislative body shall exclude the property identified in the Notice of
Exclusion from the proposed boundaries only if the property:
(i) is currently nonurban;
(ii) does not or will not require municipal provision of municipal-type services
including:
(A) culinary or irrigation water;

(B) sewage collection or treatment;
(C) storm drainage or flood control;
(D) recreational facilities or parks;
(E) electric generation or transportation;
(F) construction or maintenance of local streets and roads;
(G) curb and gutter or sidewalk maintenance;
(H) garbage and refuse collection; and
(I) street lighting; and
(iii) exclusion will not leave an unincorporated island within the proposed municipality.
(3) This section applies only to counties of the first or second class.
(4) If the county legislative body excludes property from the proposed boundaries under
Subsection (2)(b), the county legislative body shall, within five days of the exclusion, send
written notice of its action to the contact sponsor.

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