H.B. 158

1

INCORPORATION OF CITIES
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Brad L. Dee
5 This act modifies the Utah Municipal Code to expand application of a provision allowing
6 an owner of property to exclude that property from a proposed municipal incorporation
7 so that the provision applies to proposed incorporations in counties of the second class.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 10-2-104, as repealed and reenacted by Chapter 389, Laws of Utah 1997
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 10-2-104 is amended to read:
13 10-2-104. Notice to owner of more than 1% of property -- Exclusion of property
14 from proposed boundaries.
15 (1) Within seven calendar days of the date on which a request under Section 10-2-103
16 is filed, the county clerk shall notify of the proposed incorporation each owner of real property
17 owning more than 1% of the assessed value of all property in the proposed incorporation
18 boundaries.
19 (2) (a) A property owner within the boundaries of a proposed municipality, owning
20 more than 1% of the assessed value of all property in the proposed incorporation boundaries,
21 may exclude all or part of the property owner's property from the proposed boundaries by filing
22 a Notice of Exclusion within ten calendar days of receiving the clerk's notice under Subsection
23 (1).
24 (b) The county legislative body shall exclude the property identified in the Notice of
25 Exclusion from the proposed boundaries only if the property:
26 (i) is currently nonurban;
27 (ii) does not or will not require municipal provision of municipal-type services

28 including:
29 (A) culinary or irrigation water;
30 (B) sewage collection or treatment;
31 (C) storm drainage or flood control;
32 (D) recreational facilities or parks;
33 (E) electric generation or transportation;
34 (F) construction or maintenance of local streets and roads;
35 (G) curb and gutter or sidewalk maintenance;
36 (H) garbage and refuse collection; and
37 (I) street lighting; and
38 (iii) exclusion will not leave an unincorporated island within the proposed
39 municipality.
40 (3) This section applies only to counties of the first or second class.
41 (4) If the county legislative body excludes property from the proposed boundaries
42 under Subsection (2)(b), the county legislative body shall, within five days of the exclusion,
43 send written notice of its action to the contact sponsor.




Legislative Review Note
as of 1-29-03 1:34 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel