1     
MUNICIPALITY INCORPORATION AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Evan J. Vickers

5     
House Sponsor: A. Cory Maloy

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to incorporating a municipality.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     modifies the procedures and requirements for incorporating a municipality;
14          ▸     modifies the procedures and requirements to request exclusion from an area
15     proposed for incorporation;
16          ▸     establishes a procedure and requirements for requesting inclusion in an area
17     proposed for incorporation;
18          ▸     transfers many of the duties currently fulfilled by the lieutenant governor, in relation
19     to municipal incorporation, to the county of the area proposed for incorporation;
20          ▸     describes the duties of the lieutenant governor in relation to municipal
21     incorporation;
22          ▸     provides for transition to the new incorporation process for a municipality; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          This bill provides a coordination clause.
28          This bill provides revisor instructions.
29     Utah Code Sections Affected:

30     AMENDS:
31          10-2-402, as last amended by Laws of Utah 2021, Chapter 112
32          10-2a-102, as last amended by Laws of Utah 2019, Chapter 165
33          10-2a-103, as last amended by Laws of Utah 2015, Chapters 111, 157 and renumbered
34     and amended by Laws of Utah 2015, Chapter 352
35          10-2a-104, as renumbered and amended by Laws of Utah 2015, Chapter 352
36          10-2a-106, as last amended by Laws of Utah 2019, Chapter 165 and further amended
37     by Revisor Instructions, Laws of Utah 2019, Chapter 165
38          10-2a-201.5, as last amended by Laws of Utah 2021, Chapter 112
39          10-2a-202, as last amended by Laws of Utah 2019, Chapter 165
40          10-2a-204, as last amended by Laws of Utah 2019, Chapter 165
41          10-2a-205, as last amended by Laws of Utah 2019, Chapter 165
42          10-2a-206, as last amended by Laws of Utah 2021, Chapter 112
43          10-2a-207, as last amended by Laws of Utah 2021, Chapters 84, 112, 345, and 355
44          10-2a-208, as last amended by Laws of Utah 2019, Chapter 165
45          10-2a-209, as last amended by Laws of Utah 2019, Chapter 165
46          10-2a-210, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
47          10-2a-213, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
48          10-2a-214, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
49          10-2a-220, as last amended by Laws of Utah 2019, Chapter 165
50     ENACTS:
51          10-2a-204.3, Utah Code Annotated 1953
52     RENUMBERS AND AMENDS:
53          10-2a-204.5, (Renumbered from 10-2a-203, as last amended by Laws of Utah 2021,
54     Chapter 112)
55     REPEALS:
56          10-2a-101, as enacted by Laws of Utah 2015, Chapter 352
57          10-2a-201, as last amended by Laws of Utah 2019, Chapter 165

58     Utah Code Sections Affected by Revisor Instructions:
59          10-2a-106, as last amended by Laws of Utah 2019, Chapter 165 and further amended
60     by Revisor Instructions, Laws of Utah 2019, Chapter 165
61     Utah Code Sections Affected by Coordination Clause:
62          10-2a-207, as last amended by Laws of Utah 2021, Chapters 84, 112, 345, and 355
63          10-2a-213, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
64     

65     Be it enacted by the Legislature of the state of Utah:
66          Section 1. Section 10-2-402 is amended to read:
67          10-2-402. Annexation -- Limitations.
68          (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
69     annexed to the municipality as provided in this part.
70          (b) Except as provided in Subsection (1)(c), an unincorporated area may not be
71     annexed to a municipality unless:
72          (i) the unincorporated area is a contiguous area;
73          (ii) the unincorporated area is contiguous to the municipality;
74          (iii) annexation will not leave or create an unincorporated island or unincorporated
75     peninsula:
76          (A) except as provided in Subsection 10-2-418(3); or
77          (B) unless the county and municipality have otherwise agreed; and
78          (iv) for an area located in a specified county, the area is within the proposed annexing
79     municipality's expansion area.
80          (c) A municipality may annex an unincorporated area within a specified county that
81     does not meet the requirements of Subsection (1)(b), leaving or creating an unincorporated
82     island or unincorporated peninsula, if:
83          (i) the area is within the annexing municipality's expansion area;
84          (ii) the specified county in which the area is located and the annexing municipality
85     agree to the annexation;

86          (iii) the area is not within the area of another municipality's annexation policy plan,
87     unless the other municipality agrees to the annexation; and
88          (iv) the annexation is for the purpose of providing municipal services to the area.
89          (2) Except as provided in Section 10-2-418, a municipality may not annex an
90     unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation.
91          (3) (a) An annexation under this part may not include part of a parcel of real property
92     and exclude part of that same parcel unless the owner of that parcel has signed the annexation
93     petition under Section 10-2-403.
94          (b) A piece of real property that has more than one parcel number is considered to be a
95     single parcel for purposes of Subsection (3)(a) if owned by the same owner.
96          (4) A municipality may not annex an unincorporated area in a specified county for the
97     sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to
98     annex the same or a related area unless the municipality has the ability and intent to benefit the
99     annexed area by providing municipal services to the annexed area.
100          (5) (a) As used in this subsection, "expansion area urban development" means:
101          (i) for a specified county, urban development within a city or town's expansion area; or
102          (ii) for a county of the first class, urban development within a city or town's expansion
103     area that:
104          (A) consists of 50 or more acres;
105          (B) requires the county to change the zoning designation of the land on which the
106     urban development is located; and
107          (C) does not include commercial or industrial development that is located within a
108     mining protection area as defined in Section 17-41-101, regardless of whether the commercial
109     or industrial development is for a mining use as defined in Section 17-41-101.
110          (b) A county legislative body may not approve expansion area urban development
111     unless:
112          (i) the county notifies the city or town of the proposed development; and
113          (ii) (A) the city or town consents in writing to the development;

114          (B) within 90 days after the county's notification of the proposed development, the city
115     or town submits to the county a written objection to the county's approval of the proposed
116     development and the county responds in writing to the city or town's objection; or
117          (C) the city or town fails to respond to the county's notification of the proposed
118     development within 90 days after the day on which the county provides the notice.
119          (6) (a) As used in this Subsection (6), "airport" means an area that the Federal Aviation
120     Administration has, by a record of decision, approved for the construction or operation of a
121     Class I, II, or III commercial service airport, as designated by the Federal Aviation
122     Administration in 14 C.F.R. Part 139.
123          (b) A municipality may not annex an unincorporated area within 5,000 feet of the
124     center line of any runway of an airport operated or to be constructed and operated by another
125     municipality unless the legislative body of the other municipality adopts a resolution
126     consenting to the annexation.
127          (c) A municipality that operates or intends to construct and operate an airport and does
128     not adopt a resolution consenting to the annexation of an area described in Subsection (6)(b)
129     may not deny an annexation petition proposing the annexation of that same area to that
130     municipality.
131          (7) (a) As used in this Subsection (7), "project area" means a project area as defined in
132     Section 63H-1-102 that is in a project area plan as defined in Section 63H-1-102 adopted by
133     the Military Installation Development Authority under Title 63H, Chapter 1, Military
134     Installation Development Authority Act.
135          (b) A municipality may not annex an unincorporated area located within a project area
136     without the authority's approval.
137          (c) (i) Except as provided in Subsection (7)(c)(ii), the Military Installation
138     Development Authority may petition for annexation of the following areas to a municipality as
139     if the Military Installation Development Authority was the sole private property owner within
140     the area:
141          (A) an area within a project area;

142          (B) an area that is contiguous to a project area and within the boundaries of a military
143     installation;
144          (C) an area owned by the Military Installation Development Authority; and
145          (D) an area that is contiguous to an area owned by the Military Installation
146     Development Authority that the Military Installation Development Authority plans to add to an
147     existing project area.
148          (ii) If any portion of an area annexed under a petition for annexation filed by the
149     Military Installation Development Authority is located in a specified county:
150          (A) the annexation process shall follow the requirements for a specified county; and
151          (B) the provisions of Section 10-2-402.5 do not apply.
152          (8) A municipality may not annex an unincorporated area if:
153          (a) the area is proposed for incorporation in[: (i)] a feasibility study conducted under
154     Section 10-2a-205[; or (ii)] or a supplemental feasibility study conducted under Section
155     10-2a-206; and
156          (b) the [lieutenant governor] county clerk completes the [first] second public hearing
157     on the proposed incorporation under Subsection 10-2a-207(4)[; and].
158          [(c) the time period for a specified landowner, as defined in Section 10-2a-203, to
159     request that the lieutenant governor exclude the specified landowner's property from the
160     proposed incorporation under Subsection 10-2a-207(5)(a) has expired.]
161          Section 2. Section 10-2a-102 is amended to read:
162          10-2a-102. Definitions.
163          (1) As used in this part and Part 2, Incorporation of a Municipality:
164          (a) "Contact sponsor" means the person designated in the feasibility request as the
165     contact sponsor under Subsection 10-2a-202(2)(d).
166          (b) (i) "Contiguous" means, except as provided in Subsection (1)(b)(ii), the same as
167     that term is defined in Section 10-1-104.
168          (ii) "Contiguous" does not include a circumstance where:
169          (A) two areas of land are only connected by a strip of land between geographically

170     separate areas; and
171          (B) the distance between the geographically separate areas described in Subsection
172     (1)(b)(ii)(A) is greater than the average width of the strip of land connecting the geographically
173     separate areas.
174          [(a)] (c) "Feasibility consultant" means a person or firm:
175          (i) with expertise in the processes and economics of local government; and
176          (ii) who is independent of and not affiliated with a county or sponsor of a petition to
177     incorporate.
178          (d) "Feasibility request" means a request, described in Section 10-2a-202, for a
179     feasibility study for the proposed incorporation of a municipality.
180          [(b)] (e) (i) "Municipal service" means any of the following that are publicly provided:
181          (A) culinary water;
182          (B) secondary water;
183          (C) sewer service;
184          (D) storm drainage or flood control;
185          (E) recreational facilities or parks;
186          (F) electrical power generation or distribution;
187          (G) construction or maintenance of local streets and roads;
188          (H) street lighting;
189          (I) curb, gutter, and sidewalk maintenance;
190          (J) law or code enforcement service;
191          (K) fire protection service;
192          (L) animal services;
193          (M) planning and zoning;
194          (N) building permits and inspections;
195          (O) refuse collection; or
196          (P) weed control.
197          (ii) "Municipal service" includes the physical facilities required to provide a service

198     described in Subsection [(1)(b)(i)] (1)(e)(i).
199          [(c)] (f) "Private," with respect to real property, means taxable property.
200          (2) For purposes of this part:
201          (a) the owner of real property shall be the record title owner according to the records of
202     the county recorder on the date of the filing of the feasibility request or petition for
203     incorporation; and
204          (b) the assessed fair market value of private real property shall be determined
205     according to the last assessment roll for county taxes before the filing of the feasibility request
206     or petition for incorporation.
207          (3) For purposes of each provision of this part that requires the owners of private real
208     property covering a percentage or fraction of the total private land area within an area to sign a
209     feasibility request or a petition for incorporation:
210          (a) a parcel of real property may not be included in the calculation of the required
211     percentage or fraction unless the feasibility request or petition for incorporation is signed by:
212          (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
213     ownership interest in that parcel; or
214          (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
215     of owners of that parcel;
216          (b) the signature of a person signing a feasibility request or a petition for incorporation
217     in a representative capacity on behalf of an owner is invalid unless:
218          (i) the person's representative capacity and the name of the owner the person represents
219     are indicated on the feasibility request or petition for incorporation with the person's signature;
220     and
221          (ii) the person provides documentation accompanying the feasibility request or petition
222     for incorporation that substantiates the person's representative capacity; and
223          (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
224     feasibility request or a petition for incorporation on behalf of a deceased owner.
225          Section 3. Section 10-2a-103 is amended to read:

226          10-2a-103. Incorporation of a contiguous area -- Incorporation involving more
227     than one county.
228          (1) A contiguous area of a county not within a municipality may incorporate as a
229     municipality as provided in this chapter.
230          (2) If a proposed incorporation relates to an area in more than one county:
231          (a) the individual who files the feasibility request shall file the request with each
232     county containing a portion of the area proposed for incorporation; and
233          (b) the counties shall work together, in accordance with direction given by the
234     lieutenant governor, to complete the actions required by this chapter.
235          Section 4. Section 10-2a-104 is amended to read:
236          10-2a-104. Elections governed by the Election Code.
237          Except as otherwise provided in this chapter, each election under this chapter [shall be]
238     is governed by the provisions of Title 20A, Election Code.
239          Section 5. Section 10-2a-106 is amended to read:
240          10-2a-106. Feasibility request filed before changes to law take effect.
241          [(1) If a request for a feasibility study to incorporate a city is filed under Section
242     10-2a-202 before May 12, 2015, the request and a subsequent feasibility study, petition, public
243     hearing, election, and any other city incorporation action applicable to that request shall be
244     filed with and be acted upon, held, processed, or paid for by the county legislative body or
245     county clerk, as applicable, as designated, directed, or authorized before Laws of Utah 2015,
246     Chapter 157, takes effect.]
247          [(2) If a petition to incorporate a town is filed before May 12, 2015, the petition and a
248     subsequent feasibility study, petition, public hearing, election, and any other town
249     incorporation action applicable to that petition to incorporate shall be filed with and be acted
250     upon, held, processed, or paid for by the county legislative body or county clerk, as applicable,
251     as designated, directed, or authorized before Laws of Utah 2015, Chapter 157, takes effect.]
252          [(3)] (1) If an individual files a [request for a feasibility study for the incorporation of a
253     city, or an application for an incorporation petition for the incorporation of a] feasibility request

254     for incorporation of a city or town[,] before May 14, 2019, the process for incorporating [that]
255     the city or town [under that request or application] is not subject to Laws of Utah 2019,
256     Chapter 165 or this bill, and is instead subject to the municipal incorporation law in effect on
257     the day on which the individual files the feasibility request.
258          (2) If an individual files a feasibility request for incorporation of a city or town before
259     May 3, 2023, the process for incorporating the city or town is not subject to this bill, and is
260     subject to the municipal incorporation law in effect on the day on which the individual files the
261     feasibility request.
262          Section 6. Section 10-2a-201.5 is amended to read:
263          10-2a-201.5. Qualifications for incorporation.
264          (1) (a) An area may incorporate as a town in accordance with this part if the area:
265          (i) [subject to Subsection (1)(c),] is contiguous;
266          (ii) has a population of at least 100 people, but fewer than 1,000 people; and
267          (iii) is not already part of a municipality.
268          (b) An area may incorporate as a city in accordance with this part if the area:
269          (i) [subject to Subsection (1)(c),] is contiguous;
270          (ii) has a population of 1,000 people or more; and
271          (iii) is not already part of a municipality.
272          [(c) An area is not contiguous for purposes of Subsection (1)(a)(i) or (b)(i) if:]
273          [(i) the area includes a strip of land that connects geographically separate areas; and]
274          [(ii) the distance between the geographically separate areas is greater than the average
275     width of the strip of land connecting the geographically separate areas.]
276          (2) (a) An area may not incorporate under this part if:
277          (i) the area has a population of fewer than 100 people; or
278          (ii) except as provided in Subsection (2)(b), the area has an average population density
279     of fewer than seven people per square mile.
280          (b) [Subject to Subsection (1)(c), an area that does not comply with Subsection
281     (2)(a)(ii) may incorporate under this part if the] Subsection (2)(a)(ii) does not prohibit

282     incorporation of an area if:
283          (i) noncompliance with Subsection (2)(a)(ii) is necessary to connect separate areas that
284     share a demonstrable community interest[.]; and
285          (ii) the area is contiguous.
286          (3) [Subject to Subsection (1)(c), an] An area incorporating under this part may not
287     include land owned by the United States federal government unless:
288          (a) the area, including the land owned by the United States federal government, is
289     contiguous; and
290          (b) [(a)] (i) incorporating the land is necessary to connect separate areas that share a
291     demonstrable community interest; or
292          [(b)] (ii) excluding the land from the incorporating area would create an unincorporated
293     island within the proposed municipality.
294          (4) (a) Except as provided in Subsection (4)(b), an area incorporating under this part
295     may not include some or all of an area proposed for annexation in an annexation petition under
296     Section 10-2-403 that:
297          (i) was filed before the filing of the request for a feasibility study, described in Section
298     10-2a-202, relating to the incorporating area; and
299          (ii) is still pending on the date the request for the feasibility study described in
300     Subsection (4)(a)(i) is filed.
301          (b) A [request for a feasibility study] feasibility request may propose for incorporation
302     an area that includes some or all of an area proposed for annexation in an annexation petition
303     described in Subsection (4)(a) if:
304          (i) the proposed annexation area that is part of the area proposed for incorporation does
305     not exceed 20% of the area proposed for incorporation;
306          (ii) the feasibility request complies with Subsections 10-2a-202(1) [and (2)] through
307     (4) with respect to excluding the proposed annexation area from the area proposed for
308     incorporation; and
309          (iii) excluding the area proposed for annexation from the area proposed for

310     incorporation would not cause the area proposed for incorporation to not be contiguous [under
311     Subsection (1)(c)].
312          (c) Except as provided in Section 10-2a-206, the lieutenant governor shall consider
313     each feasibility request to which Subsection (4)(b) applies as not proposing the incorporation of
314     an area proposed for annexation.
315          (5) (a) An area incorporating under this part may not include part of a parcel of real
316     property and exclude part of that same parcel unless the owner of the parcel gives written
317     consent to exclude part of the parcel.
318          (b) A piece of real property that has more than one parcel number is considered to be a
319     single parcel for purposes of Subsection (5)(a) if owned by the same owner.
320          Section 7. Section 10-2a-202 is amended to read:
321          10-2a-202. Feasibility request -- Requirements -- Limitations.
322          (1) The process to incorporate a contiguous area of a county as a municipality is
323     initiated by an individual filing a [request for a feasibility study with the Office of the
324     Lieutenant Governor that:] feasibility request, with the county clerk of the county where the
325     area proposed to be incorporated is located, that includes:
326          (a) [is signed by] the signatures of the owners of private real property that:
327          (i) is located within the area proposed to be incorporated;
328          (ii) covers at least 10% of the total private land area within the area; and
329          (iii) is, as of January 1 of the current year, equal in assessed fair market value to at least
330     7% of the assessed fair market value of all private real property within the area; and
331          (b) [indicates] the typed or printed name and current residence address of each owner
332     signing the request[;].
333          (2) The feasibility request shall include:
334          [(c)] (a) [describes] a description of the contiguous area proposed to be incorporated as
335     a municipality;
336          [(d)] (b) [designates] a designation of up to five signers of the request as sponsors, one
337     of whom is designated as the contact sponsor, with the mailing address and telephone number

338     of each;
339          [(e)] (c) [is accompanied by and circulated with] an accurate map or plat, prepared by a
340     licensed surveyor, showing a legal description of the boundaries of the proposed municipality;
341     and
342          [(f)] (d) [requests the lieutenant governor to] a request that the lieutenant governor
343     commission a study to determine the feasibility of incorporating the area as a municipality.
344          (3) The individual described in Subsection (1) shall, on the day on which the individual
345     files the feasibility request with the county clerk, provide to the lieutenant governor:
346          (a) written notice that the individual filed the feasibility request that indicates the day
347     on which the individual filed the feasibility request; and
348          (b) a complete copy of the feasibility request.
349          [(2)] (4) A feasibility request [for a feasibility study under this section] may not
350     propose for incorporation an area that includes some or all of an area that is the subject of a
351     completed feasibility study or supplemental feasibility study whose results comply with
352     Subsection [10-2a-205(6)(a)] 10-2a-205(5)(a) unless:
353          (a) the proposed incorporation that is the subject of the completed feasibility study or
354     supplemental feasibility study has been defeated by the voters at an election under Section
355     10-2a-210; or
356          (b) the time described in Subsection 10-2a-208(1) for filing an incorporation petition
357     based on the completed feasibility study or supplemental feasibility study has elapsed without
358     the sponsors filing an incorporation petition under Section 10-2a-208.
359          [(3)] (5) Sponsors may not file a feasibility request [under this section regarding]
360     relating to the incorporation of a town if the cumulative private real property that the sponsors
361     own exceeds 40% of the total private land area within the boundaries of the proposed town.
362          Section 8. Section 10-2a-204 is amended to read:
363          10-2a-204. Processing a feasibility request -- Certification or rejection --
364     Processing priority -- Determination by the Utah Population Committee.
365          (1) Within 45 days after the day on which an individual files a feasibility request under

366     Section 10-2a-202, the [lieutenant governor] county clerk shall:
367          (a) [with the assistance of other county officers of the county in which the
368     incorporation is proposed from whom the lieutenant governor requests assistance,] determine
369     whether the feasibility request complies with Section 10-2a-202; and
370          (b) notify the lieutenant governor, in writing, of the determination made under
371     Subsection (1)(a) and the grounds for the determination.
372          (2) The county clerk:
373          (a) shall keep the lieutenant governor apprised of the county clerk's progress in making
374     the determination described in Subsection (1)(a); and
375          (b) may consult with the lieutenant governor in making the determination described in
376     Subsection (1)(a).
377          [(b)] (3) Within five days after the day on which the county clerk provides the
378     notification described in Subsection (1)(b), the lieutenant governor shall:
379          (a) review the determination and the grounds for the determination to evaluate whether
380     the feasibility request complies with Section 10-2a-202; and
381          (b) (i) uphold the determination;
382          (ii) reverse the determination; or
383          (iii) require the county clerk to provide additional information that the lieutenant
384     governor identifies as necessary for the lieutenant governor to uphold or reverse the county
385     clerk's determination.
386          (4) If the office requires the county clerk to provide additional information under
387     Subsection (3)(b)(iii):
388          (a) the county clerk shall provide the additional information to the office within five
389     days after the day on which the office notifies the county clerk that the additional information
390     is required; and
391          (b) the office shall, within five days after the day on which the county clerk provides
392     the additional information, uphold or reverse the determination of the county clerk described in
393     Subsection (1)(b).

394          [(i) if the lieutenant governor]
395          (5) If the lieutenant governor determines that the feasibility request complies with
396     Section 10-2a-202, the lieutenant governor shall:
397          [(A)] (a) certify the request;
398          [(B)] (b) transmit written notification of the certification to the contact sponsor; and
399          [(C)] (c) transmit written notification of the certification to the Utah Population
400     Committee[; or].
401          [(ii)] (6) [if the lieutenant governor] If the lieutenant governor determines that the
402     feasibility request fails to comply with Section 10-2a-202, the lieutenant governor shall reject
403     the feasibility request and notify the contact sponsor in writing of the rejection and the
404     [reasons] grounds for the rejection.
405          [(2)] (7) (a) Within 20 days after the day on which the lieutenant governor transmits
406     written notification under Subsection [(1)(b)(i)(C),] (5)(c), the Utah Population Committee
407     shall:
408          (i) determine whether, on the date the sponsors filed the feasibility request [under
409     Section 10-2a-202 for the proposed municipality], the proposed municipality complied with the
410     population, population density, and contiguity requirements described in Section 10-2a-201.5;
411     and
412          (ii) provide notice of the determination to the lieutenant governor and the county clerk.
413          (b) If the Utah Population Committee determines that a proposed municipality does not
414     comply with the population, population density, or contiguity requirements described in
415     Section 10-2a-201.5, the lieutenant governor shall rescind the certification described in
416     Subsection [(1)(b)(i)] (5)(a) and reject the [application in accordance with Subsection
417     (1)(b)(ii)] feasibility request.
418          [(3)] (8) The lieutenant governor shall certify or reject feasibility requests [under
419     Subsection (1)] in the order in which the requests are filed.
420          [(4)] (9) (a) [(i)] If the lieutenant governor [rejects a request under Subsection
421     (1)(b)(ii)] determines that the feasibility request fails to comply with Section 10-2a-202, or

422     rejects the feasibility request under Subsection (7)(b), the sponsors may, subject to Section
423     10-2a-206, amend the feasibility request to correct the deficiencies [for which the lieutenant
424     governor rejected the request] and refile the feasibility request with the [lieutenant governor]
425     county clerk.
426          [(ii)] (b) The sponsors shall submit any amended feasibility request within 90 days
427     after the day on which the lieutenant governor [rejects the request under Subsection (1)(b)(ii)]
428     makes the determination or rejection described in Subsection (9)(a).
429          [(iii)] (c) The sponsors may reuse a signature described in Subsection
430     [10-2a-202(1)(a)] 10-2a-202(2)(a) that is on a rejected feasibility request or on an amended
431     feasibility request described in Subsection [(4)(a)(i)] (9)(a).
432          [(b)] (d) The county clerk and the lieutenant governor shall consider a feasibility
433     request that is amended and refiled under Subsection [(4)(a)] (9)(a) as a newly filed feasibility
434     request and process the feasibility request in accordance with [Subsection (3)] this section.
435          Section 9. Section 10-2a-204.3 is enacted to read:
436          10-2a-204.3. Notice to property owners -- First public hearing.
437          (1) Unless the lieutenant governor rescinds the certification under Subsection
438     10-2a-204(7)(b), the county clerk shall:
439          (a) hold the first public hearing in relation to the proposed incorporation, at a location
440     approved by the lieutenant governor, no later than 30 days after the day on which the county
441     clerk receives the notice described in Subsection 10-2a-204(7)(a)(ii);
442          (b) publish notice of the hearing in accordance with Subsection 10-2a-207(7); and
443          (c) within seven calendar days after the day on which the county clerk receives the
444     notice described in Subsection 10-2a-204(7)(a)(ii), mail written notice of the proposed
445     incorporation and of the first public hearing described in this section to:
446          (i) each residence within, and each owner of real property located within:
447          (A) the proposed incorporation boundaries; and
448          (B) 300 feet of the proposed incorporation boundaries;
449          (ii) the contact sponsor; and

450          (iii) the lieutenant governor.
451          (2) The written notice provided by the county clerk under Subsections (1)(b) and (c)
452     shall include:
453          (a) the following statement:
454     
"NOTICE OF PROPOSED INCORPORATION AND FIRST PUBLIC HEARING

455          You have received this notice because you reside or own property within an area
456     proposed for incorporation, or an area within 300 feet of an area proposed for incorporation.
457     The first public hearing in relation to the proposed incorporation will be held on [insert date,
458     time, and location]. The purpose of the first public hearing is to provide information regarding
459     the proposed incorporation, the incorporation process, including the process for deciding
460     whether to incorporate, and certain rights you may have in relation to the proposed
461     incorporation. A specified landowner, as defined in Utah Code Section 10-2a-204.5, may,
462     within 30 days after the day of the public hearing, request that the county clerk exclude all or
463     part of the specified landowner's land from the area proposed for incorporation. A specified
464     landowner may not request exclusion after the end of the 30-day period. Any owner of land
465     within a county where the area proposed for incorporation is located may, within 30 days after
466     the day of the public hearing, request that the county clerk include all or part of that land in the
467     area proposed for incorporation. An owner of land may not request inclusion after the end of
468     the 30-day period."; and
469          (b) a clear description of the area proposed for incorporation.
470          (3) Notwithstanding that the county conducts the first public hearing, the lieutenant
471     governor, or a designee of the lieutenant governor, shall:
472          (a) direct the proceedings at the first public hearing, with the assistance of the county
473     clerk as needed;
474          (b) provide information regarding the proposed incorporation, the incorporation
475     process, including the process for deciding whether to incorporate, and the rights citizens may
476     have in relation to the proposed incorporation;
477          (c) describe the process by which a specified landowner may request that the county

478     clerk exclude all or part of the specified landowner's land from the area proposed for
479     incorporation;
480          (d) describe the process by which an owner of land described in Subsection
481     10-2a-204.5(2)(b) may request that the county clerk include all or part of that land in the area
482     proposed for incorporation;
483          (e) describe the criteria for granting a request for exclusion or inclusion of land; and
484          (f) answer questions from individuals who attend the first public hearing.
485          (4) The contact sponsor, or an agent of the contact sponsor, and the county clerk, or an
486     employee of the county clerk designated by the county clerk, shall attend the first public
487     hearing.
488          (5) The county clerk shall:
489          (a) provide the location and equipment for the public hearing, subject to approval by
490     the lieutenant governor; and
491          (b) ensure compliance with the requirements of Title 52, Chapter 4, Open and Public
492     Meetings Act, in relation to the public hearing.
493          Section 10. Section 10-2a-204.5, which is renumbered from Section 10-2a-203 is
494     renumbered and amended to read:
495          [10-2a-203].      10-2a-204.5. Notice to owner of property -- Exclusion or
496     inclusion of property from or in proposed municipality.
497          (1) As used in this section:
498          [(a) "Assessed value" with respect to property means the value at which the property
499     would be assessed without regard to a valuation for agricultural use under Section 59-2-503.]
500          [(b)] (a) "Owner" means a person having an interest in real property, including an
501     affiliate, subsidiary, or parent company.
502          [(c)] (b) "Specified landowner" means a record owner of real property:
503          (i) who owns more than:
504          (A) 1% of the assessed fair market value, as of January 1 of the current year, of all
505     property within the boundaries of a proposed incorporation; or

506          (B) 10% of the total private land area within the boundaries of a proposed
507     incorporation; or
508          (ii) located in a mining protection area as defined in Section 17-41-101.
509          [(2) Within seven calendar days after the day on which an individual files a request for
510     a feasibility study under Section 10-2a-202, the lieutenant governor shall mail written notice of
511     the proposed incorporation to each residence within, and each owner of real property located
512     within:]
513          [(a) the proposed incorporation boundaries; and]
514          [(b) 300 feet of the proposed incorporation boundaries.]
515          [(3)] (2) [A specified landowner may, within] Within 30 calendar days after the day [on
516     which the specified landowner receives notice under Subsection (2),] of the first public hearing
517     described in Section 10-2a-204.3:
518          (a) a specified landowner may request that the [lieutenant governor] county clerk
519     exclude all or part of the [property] land owned by the specified landowner from the area
520     proposed for incorporation by filing a [notice of] request for exclusion with the [Office of the
521     Lieutenant Governor] county clerk that describes the [property] land for which the specified
522     landowner requests exclusion; or
523          (b) any owner of land located within the county where the area proposed for
524     incorporation is located may file a request that all or part of that land be included in the area
525     proposed for incorporation by filing a request for inclusion with the county clerk that describes
526     the land that the landowner desires to include.
527          [(4)] (3) The [lieutenant governor] county clerk shall exclude the [property] land
528     identified by a specified landowner under Subsection [(3)] (2)(a) from the proposed
529     incorporation boundaries unless the [lieutenant governor] county clerk finds by clear and
530     convincing evidence that:
531          (a) the exclusion will leave an unincorporated island within the proposed municipality;
532     and
533          (b) the [property] land receives from the county a majority of currently provided

534     municipal services.
535          (4) The county clerk shall include land identified by a landowner under Subsection
536     (2)(b) in the area proposed for incorporation unless the county clerk finds by clear and
537     convincing evidence that:
538          (a) the land will not be contiguous with the area of the proposed municipality, taking
539     into account other requests for inclusion or requests for exclusion received before the deadline
540     described in Subsection (2); or
541          (b) the inclusion will cause the area proposed for incorporation to violate a requirement
542     for incorporation described in this part.
543          (5) The county clerk shall:
544          (a) no earlier than 30 days after, but no later than 44 days after, the day of the first
545     public hearing described in Section 10-2a-204.3, make a determination on all timely requests
546     for exclusion or inclusion;
547          (b) forward to the lieutenant governor for review:
548          (i) all timely requests for exclusion or inclusion;
549          (ii) the county clerk's determination on each of the requests described in Subsection
550     (5)(b)(i); and
551          (iii) the reasons, including the supporting data, for each determination described in
552     Subsection (5)(b)(ii); and
553          [(5)] [(a)] (c) [Within] within five days after the day on which the lieutenant governor
554     makes a final determination on whether to include or exclude [a property] land under
555     Subsection [(4), the lieutenant governor] (7), the county clerk shall mail or transmit written
556     notice of whether the [property] land is included or excluded from the proposed incorporation
557     boundaries to:
558          (i) for a request for exclusion, the specified landowner that requested the [property's]
559     exclusion; [and]
560          (ii) for a request for inclusion, the owner of land that requested the inclusion; and
561          [(ii)] (iii) the contact sponsor.

562          [(b)] (6) [If the lieutenant governor makes a determination to include a property under
563     Subsection (4), the lieutenant governor] For a request for exclusion or inclusion that is denied,
564     the county clerk shall include, in the written notice described in Subsection [(5)(a)] (5)(c), a
565     detailed explanation of the [lieutenant governor's determination] reason for the denial and the
566     facts supporting the denial.
567          (7) Within 14 days after the day on which the lieutenant governor receives the
568     information described in Subsection (5)(b) the lieutenant governor shall:
569          (a) review each determination;
570          (b) uphold or reverse each determination; and
571          (c) forward to the county clerk:
572          (i) the lieutenant governor's final determinations; and
573          (ii) if the lieutenant governor reverses a determination of the county clerk, the reason
574     for the reversal and the supporting facts.
575          Section 11. Section 10-2a-205 is amended to read:
576          10-2a-205. Feasibility study -- Feasibility study consultant -- Qualifications for
577     proceeding with incorporation.
578          [(1) Within 90 days after the day on which the lieutenant governor receives a request
579     that the lieutenant governor certifies under Subsection 10-2a-204(1)(b)(i), the lieutenant
580     governor shall engage a feasibility consultant selected, in accordance with Subsection (2), to
581     conduct a feasibility study.]
582          (1) Unless the lieutenant governor rescinds the certification under Subsection
583     10-2a-204(7)(b), the lieutenant governor shall, within 90 days after the day on which the
584     lieutenant governor certifies a feasibility request under Subsection 10-2a-204(5)(a), in
585     accordance with Subsection (2), engage a feasibility consultant to conduct a feasibility study.
586          (2) [(a)] The lieutenant governor shall:
587          (a) select a feasibility consultant in accordance with Title 63G, Chapter 6a, Utah
588     Procurement Code[.];
589          (b) [The lieutenant governor shall ensure that a feasibility consultant selected under

590     Subsection (2)(a)] ensure that the feasibility consultant:
591          (i) has expertise in the processes and economics of local government; and
592          (ii) is not affiliated with[: (A)] a sponsor of the feasibility [study] request [to which the
593     feasibility study relates; or (B)] or the county in which the proposed municipality is located[.];
594     and
595          [(3)] (c) [The lieutenant governor shall] require the feasibility consultant to:
596          [(a)] (i) submit a draft of the feasibility study to each applicable person with whom the
597     feasibility consultant is required to consult under Subsection [(4)(c)] (3)(c) within 90 days after
598     the day on which the lieutenant governor engages the feasibility consultant to conduct the
599     study;
600          [(b)] (ii) allow each person to whom the consultant provides a draft under Subsection
601     [(3)(a)] (2)(c)(i) to review and provide comment on the draft;
602          [(c)] (iii) submit a completed feasibility study, including a one-page summary of the
603     results, to the following within 120 days after the day on which the lieutenant governor engages
604     the feasibility consultant to conduct the feasibility study:
605          [(i)] (A) the lieutenant governor;
606          [(ii)] (B) the county legislative body of the county in which the incorporation is
607     proposed;
608          [(iii)] (C) the contact sponsor; and
609          [(iv)] (D) each person to whom the consultant provided a draft under Subsection
610     [(3)(a)] (2)(c)(i); and
611          [(d)] (iv) attend the public hearings described in Section 10-2a-207 to present the
612     feasibility study results and respond to questions from the public.
613          [(4)] (3) (a) The feasibility [consultant shall ensure that the feasibility study includes]
614     study shall include:
615          (i) an analysis of the population and population density within the area proposed for
616     incorporation and the surrounding area;
617          (ii) the current and projected five-year demographics and tax base within the

618     boundaries of the proposed municipality and surrounding area, including household size and
619     income, commercial and industrial development, and public facilities;
620          (iii) subject to Subsection [(4)(b)] (3)(b), the current and five-year projected cost of
621     providing municipal services to the proposed municipality, including administrative costs;
622          (iv) assuming the same tax categories and tax rates as currently imposed by the county
623     and all other current service providers, the present and five-year projected revenue for the
624     proposed municipality;
625          (v) an analysis of the risks and opportunities that might affect the actual costs described
626     in Subsection [(4)(a)(iii)] (3)(a)(iii) or revenues described in Subsection [(4)(a)(iv)] (3)(a)(iv)
627     of the newly incorporated municipality;
628          (vi) an analysis of new revenue sources that may be available to the newly incorporated
629     municipality that are not available before the area incorporates, including an analysis of the
630     amount of revenues the municipality might obtain from those revenue sources;
631          (vii) the projected tax burden per household of any new taxes that may be levied within
632     the proposed municipality within five years after incorporation;
633          (viii) the fiscal impact of the municipality's incorporation on unincorporated areas,
634     other municipalities, local districts, special service districts, and other governmental entities in
635     the county; and
636          (ix) if the [lieutenant governor] county clerk excludes property from, or includes
637     property in, the proposed municipality under Section [10-2a-203] 10-2a-204.5, an update to the
638     map and legal description described in Subsection [10-2a-202(1)(e)] 10-2a-202(2)(e).
639          (b) (i) [For purposes of Subsection (4)(a)(iii)] In calculating the projected costs under
640     Subsection (3)(a)(iii), the feasibility consultant shall assume the proposed municipality will
641     provide a level and quality of municipal services that fairly and reasonably approximate the
642     level and quality of municipal services that are provided to the area of the proposed
643     municipality at the time the feasibility consultant conducts the feasibility study.
644          (ii) In [determining the present] calculating the current cost of a municipal service
645     under Subsection (3)(a)(iii), the feasibility consultant shall consider:

646          (A) the amount it would cost the proposed municipality to provide the municipal
647     service for the first five years after the municipality's incorporation; and
648          (B) the current municipal service provider's present and five-year projected cost of
649     providing the municipal service.
650          (iii) In calculating costs under Subsection [(4)(a)(iii)] (3)(a)(iii), the feasibility
651     consultant shall account for inflation and anticipated growth.
652          (c) In conducting the feasibility study, the feasibility consultant shall consult with the
653     following before submitting a draft of the feasibility study under Subsection [(3)(a)] (2)(c)(i):
654          (i) if the proposed municipality will include lands owned by the United States federal
655     government, the entity within the United States federal government that has jurisdiction over
656     the land;
657          (ii) if the proposed municipality will include lands owned by the state, the entity within
658     state government that has jurisdiction over the land;
659          (iii) each entity that provides a municipal service to a portion of the proposed
660     municipality; and
661          (iv) [any] each other special service district that provides services to a portion of the
662     proposed municipality.
663          [(5)] (4) If the five-year projected revenues calculated under Subsection [(4)(a)(iv)]
664     (3)(a)(iv) exceed the five-year projected costs calculated under Subsection [(4)(a)(iii)]
665     (3)(a)(iii) by more than 5%, the feasibility consultant shall project and report the expected
666     annual revenue surplus to the contact sponsor and the lieutenant governor.
667          [(6)] (5) (a) Except as provided in Subsection [(6)(b)] (5)(b), if the results of the
668     feasibility study, or a supplemental feasibility study described in Section 10-2a-206, show that
669     the average annual amount of revenue calculated under Subsection [(4)(a)(iv)] (3)(a)(iv) does
670     not exceed the average annual cost calculated under Subsection [(4)(a)(iii)] (3)(a)(iii) by more
671     than 5%, the process to incorporate the area that is the subject of the feasibility study or
672     supplemental feasibility study may not proceed.
673          (b) The process to incorporate an area described in Subsection [(6)(a)] (5)(a) may

674     proceed if a subsequent supplemental feasibility study conducted under Section 10-2a-206 for
675     the proposed incorporation demonstrates compliance with Subsection [(6)(a)] (5)(a).
676          [(7)] (6) If the results of the feasibility study or revised feasibility study do not comply
677     with Subsection [(6)] (5), and if requested by the sponsors of the request, the feasibility
678     consultant shall, as part of the feasibility study or revised feasibility study, make
679     recommendations regarding how the boundaries of the proposed municipality may be altered to
680     comply with Subsection [(6)] (5).
681          [(8)] (7) The lieutenant governor shall post a copy of the feasibility study, and any
682     supplemental feasibility study described in Section 10-2a-206, on the lieutenant governor's
683     website and make a copy available for public review at the [Office of the Lieutenant Governor]
684     lieutenant governor's office.
685          Section 12. Section 10-2a-206 is amended to read:
686          10-2a-206. Modified feasibility request -- Supplemental feasibility study.
687          (1) (a) The sponsors of a feasibility [study] request may modify the request to alter the
688     boundaries of the proposed municipality and refile the modified feasibility request with the
689     [lieutenant governor] county clerk if:
690          (i) the results of the feasibility study do not comply with Subsection [10-2a-205(6)(a)]
691     10-2a-205(5)(a); or
692          (ii) (A) the feasibility request complies with Subsection 10-2a-201.5(4)(b);
693          (B) the annexation petition described in Subsection 10-2a-201.5(4)(b) that proposed
694     the annexation of an area that is part of the area proposed for incorporation has been denied;
695     and
696          (C) an incorporation petition based on the feasibility request has not been filed[;].
697          [(iii) (A) the lieutenant governor completes the first public hearing described in
698     Subsection 10-2a-207(4); and]
699          [(B) property is excluded from the proposed municipality in accordance with
700     Subsection 10-2a-207(5)(b); or]
701          [(iv) before the time period for a specified landowner, as defined in Section 10-2a-203,

702     to request that the lieutenant governor exclude the specified landowner's property from the
703     proposed incorporation under Subsection 10-2a-207(5)(a) has expired, a municipal legislative
704     body:]
705          [(A) approves an annexation petition proposing the annexation of an area that is part of
706     the area proposed for incorporation under Section 10-2-407 or 10-2-408; or]
707          [(B) adopts an ordinance approving the annexation of an area that is part of the area
708     proposed for incorporation under Section 10-2-418.]
709          (b) (i) The sponsors of a feasibility [study] request may not file a modified request
710     under Subsection (1)(a)(i) more than 90 days after the day on which the feasibility consultant
711     submits the final results of the feasibility study under Subsection [10-2a-205(3)(c)]
712     10-2a-205(2)(c)(iii).
713          (ii) The sponsors of a feasibility request may not file a modified request under
714     Subsection (1)(a)(ii) more than 18 months after filing the original feasibility request under
715     Section 10-2a-202.
716          [(iii) The sponsors of a request may not file a modified request under Subsection
717     (1)(a)(iii) more than 90 days after the day on which the lieutenant governor mails or transmits
718     written notice under Subsection 10-2a-207(4)(c).]
719          [(iv) The sponsors of a request may not file a modified request under Subsection
720     (1)(a)(iv) more than 90 days after the day on which the municipal legislative body:]
721          [(A) approves the annexation petition under Section 10-2-407 or 10-2-408; or]
722          [(B) adopts the ordinance approving the annexation under Section 10-2-418.]
723          (c) (i) Subject to Subsection (1)(c)(ii), each modified feasibility request under
724     Subsection (1)(a) shall comply with Subsections 10-2a-202(1) [and (2)] through (4) and
725     Subsection 10-2a-201.5(4).
726          (ii) Notwithstanding Subsection (1)(c)(i), a signature on a feasibility request filed under
727     Section 10-2a-202 may be used toward fulfilling the signature requirement of Subsection
728     [10-2a-202(1)(a)] 10-2a-202(2)(a) for the feasibility request as modified under Subsection
729     (1)(a), unless the modified feasibility request proposes the incorporation of an area that is more

730     than 20% larger or smaller than the area described by the original feasibility request in terms
731     of:
732          (A) private land area; or
733          (B) assessed fair market value of private real property, as of January 1 of the current
734     year.
735          [(2)] (d) Within 20 days after the [lieutenant governor's receipt of] day on which the
736     county clerk receives the modified request, the [lieutenant governor] county clerk and the
737     lieutenant governor shall follow the same procedure [under Subsection 10-2a-204(1)] described
738     in Subsections 10-2a-204(1) through (6) for the modified feasibility request as for an original
739     feasibility request.
740          [(3)] (2) The timely filing of a modified feasibility request under Subsection (1) gives
741     the modified feasibility request the same processing priority under Subsection [10-2a-204(3)]
742     10-2a-204(8) as the original feasibility request.
743          [(4)] (3) Within 10 days after the day on which the [lieutenant governor] county clerk
744     receives a modified feasibility request under Subsection (1)(a) that relates to a request for
745     which a feasibility study has already been completed, the lieutenant governor shall commission
746     the feasibility consultant who conducted the feasibility study to conduct a supplemental
747     feasibility study that accounts for the modified feasibility request.
748          [(5)] (4) The lieutenant governor shall require the feasibility consultant to:
749          (a) submit a draft of the supplemental feasibility study to each applicable person with
750     whom the feasibility consultant is required to consult under Subsection [10-2a-205(4)(c)]
751     10-2a-205(3)(c) within 30 days after the day on which the feasibility consultant is engaged to
752     conduct the supplemental study;
753          (b) allow each person to whom the consultant provided a draft under Subsection
754     [(5)(a)] (4)(a) to review and provide comment on the draft; and
755          (c) submit a completed supplemental feasibility study, to the following within 45 days
756     after the day on which the feasibility consultant is engaged to conduct the feasibility study:
757          (i) the lieutenant governor;

758          (ii) the county legislative body of the county in which the incorporation is proposed;
759          (iii) the contact sponsor; and
760          (iv) each person to whom the consultant provided a draft under Subsection [(5)(a)]
761     (4)(a).
762          [(6)] (5) (a) Subject to Subsection [(6)(b)] (5)(b), if the results of the supplemental
763     feasibility study do not comply with Subsection [10-2a-205(6)(a)] 10-2a-205(5)(a), the
764     sponsors may further modify the request in accordance with Subsection (1).
765          (b) Subsections [(2), (4), and (5)] (1)(d), (5), and (6) apply to a modified feasibility
766     request described in Subsection [(6)(a)] (5)(a).
767          (c) The [lieutenant governor] county clerk shall consider a modified feasibility request
768     described in Subsection [(6)(a)] (5)(a) as an original feasibility request [for a feasibility study]
769     for purposes of determining the modified feasibility request's processing priority under
770     Subsection [10-2a-204(3)] 10-2a-204(8).
771          Section 13. Section 10-2a-207 is amended to read:
772          10-2a-207. Additional public hearings on feasibility study results -- Notice of
773     hearings.
774          (1) As used in this section, "specified landowner" means the same as that term is
775     defined in Section [10-2a-203] 10-2a-204.5.
776          (2) If the results of the feasibility study or supplemental feasibility study comply with
777     Subsection [10-2a-205(6)(a)] 10-2a-205(5)(a), the [lieutenant governor] county clerk shall,
778     after receipt of the results of the feasibility study or supplemental feasibility study, conduct
779     [two] additional public hearings in accordance with this section.
780          (3) (a) If an area proposed for incorporation is approved for annexation after the
781     feasibility study or supplemental feasibility study is conducted but before the [lieutenant
782     governor] county clerk conducts the [first] second public hearing under Subsection (4), the
783     [lieutenant governor] county clerk may not conduct the [first] second public hearing under
784     Subsection (4) unless:
785          (i) the sponsors of the feasibility study file a modified feasibility request [for a

786     feasibility study] in accordance with Section 10-2a-206; and
787          (ii) the results of the supplemental feasibility study comply with Subsection
788     [10-2a-205(6)(a)] 10-2a-205(5)(a).
789          (b) For purposes of Subsection (3)(a), an area is approved for annexation if [a
790     condition described in Subsection 10-2a-206(1)(a)(iv) occurs] a municipal legislative body:
791          (i) approves an annexation petition proposing the annexation of an area that is part of
792     the area proposed for incorporation under Section 10-2-407 or 10-2-408; or
793          (ii) adopts an ordinance approving the annexation of an area that is part of the area
794     proposed for incorporation under Section 10-2-418.
795          (4) The [lieutenant governor] county clerk shall conduct the [first] second public
796     hearing:
797          (a) within 60 days after the day on which the [lieutenant governor] county clerk
798     receives the results under Subsection (2) or (3)(a)(ii);
799          (b) at a location approved by the lieutenant governor within or near the proposed
800     municipality; and
801          (c) to allow the feasibility consultant to present the results of the feasibility study[; and
802     (d) to] and inform the public about the results [of the feasibility study].
803          [(5) (a) Within 30 calendar days after the day on which the lieutenant governor
804     completes the first public hearing under Subsection (4), a specified landowner may request that
805     the lieutenant governor exclude all or part of the property owned by the specified landowner
806     from the proposed incorporation by filing a notice of exclusion with the Office of the
807     Lieutenant Governor that describes the property for which the specified landowner requests
808     exclusion.]
809          [(b) The lieutenant governor shall exclude the property identified by a specified
810     landowner under Subsection (5)(a) from the proposed incorporation boundaries unless the
811     lieutenant governor finds by clear and convincing evidence that:]
812          [(i) the exclusion will leave an unincorporated island within the proposed municipality;
813     and]

814          [(ii) the property receives from the county a majority of currently provided municipal
815     services.]
816          [(c) (i) Within five days after the day on which the lieutenant governor determines
817     whether to exclude property under Subsection (5)(b), the lieutenant governor shall mail or
818     transmit written notice of whether the property is included or excluded from the proposed
819     municipality to:]
820          [(A) the specified landowner that requested the property's exclusion; and]
821          [(B) the contact sponsor.]
822          [(ii) If the lieutenant governor makes a determination to include a property under
823     Subsection (5)(b), the lieutenant governor shall include, in the written notice described in
824     Subsection (5)(c)(i), a detailed explanation of the lieutenant governor's determination.]
825          [(d) (i) If the lieutenant governor excludes property from the proposed municipality
826     under Subsection (5)(b), or if an area proposed for incorporation is approved for annexation
827     within the time period for a specified landowner to request an exclusion under Subsection
828     (5)(a), the lieutenant governor may not conduct the second public hearing under Subsection (6),
829     unless:]
830          [(A) the sponsors of the feasibility study file a modified request for a feasibility study
831     in accordance with Section 10-2a-206; and]
832          [(B) the results of the supplemental feasibility study comply with Subsection
833     10-2a-205(6)(a).]
834          [(ii) For purposes of Subsection (5)(d)(i), an area is approved for annexation if a
835     condition described in Subsection 10-2a-206(1)(a)(iv) occurs.]
836          [(6) The lieutenant governor shall conduct the second public hearing:]
837          [(a) (i) within 30 days after the day on which the time period described in Subsection
838     (5)(a) expires, if Subsection (5)(d) does not apply; or]
839          [(ii) within 30 days after the day on which the lieutenant governor receives the results
840     of the supplemental feasibility study described in Subsection (5)(d)(i)(B), if Subsection (5)(d)
841     applies;]

842          [(b) within or near the proposed municipality; and]
843          [(c) to allow the feasibility consultant to present the results of and inform the public
844     about:]
845          [(i) the feasibility study presented to the public in the first public hearing under
846     Subsection (4), if Subsection (5)(d) does not apply; or]
847          [(ii) the supplemental feasibility study described in Subsection (5)(d)(i)(B), if
848     Subsection (5)(d) applies.]
849          (5) The county clerk shall:
850          (a) conduct an additional public hearing following each occasion when, after the day of
851     the second public hearing, the county clerk receives the results of a supplemental feasibility
852     study that comply with Subsection 10-2a-205(5); and
853          (b) hold the public hearing described in Subsection (5)(a):
854          (i) within 30 days after the day on which the county clerk receives the results of the
855     supplemental feasibility study;
856          (ii) at a location approved by the lieutenant governor within or near the proposed
857     municipality;
858          (iii) to inform the public that the feasibility presented to the public at the preceding
859     public hearing does not apply; and
860          (iv) to allow the feasibility consultant to present the results of the supplemental
861     feasibility study and inform the public about the results.
862          [(7)] (6) At each public hearing required under this section, the [lieutenant governor]
863     county clerk shall:
864          (a) provide a map or plat of the boundary of the proposed municipality;
865          (b) provide a copy of the applicable feasibility study for public review;
866          (c) allow members of the public to express views about the proposed incorporation,
867     including views about the proposed boundaries; and
868          (d) allow the public to ask the feasibility consultant questions about the applicable
869     feasibility study.

870          [(8)] (7) The [lieutenant governor] county clerk shall publish notice of each public
871     hearing required under this section and Section 10-2a-204.3:
872          (a) (i) at least three weeks before the day of the public hearing, by posting one notice,
873     and at least one additional notice per 2,000 population of the proposed municipality, in places
874     within the proposed municipality that are most likely to give notice to the residents within, and
875     the owners of real property located within, the proposed municipality; or
876          (ii) at least three weeks before the public hearing, by mailing notice to each residence
877     within, and each owner of real property located within, the proposed municipality;
878          (b) on the Utah Public Notice Website created in Section 63A-16-601, for three weeks
879     before the day of the public hearing; and
880          (c) on the [lieutenant governor's] county's website for three weeks before the day of the
881     public hearing.
882          [(9)] (8) (a) Except as provided in Subsection [(9)(b),] (8)(b), for a hearing described in
883     this section, the notice described in Subsection [(8)] (7) shall:
884          (i) include the feasibility study summary described in Subsection [10-2a-205(3)(c)]
885     10-2a-205(2)(c)(iii); and
886          (ii) indicate that a full copy of the feasibility study is available on the [lieutenant
887     governor's] county's website and for inspection at the [Office of the Lieutenant Governor; and]
888     county clerk's office.
889          [(iii) indicate that under no circumstances may property be excluded or annexed from
890     the proposed incorporation after the time period specified in Subsection (5)(a) has expired, if
891     the notice is for the first public hearing under Subsection (4).]
892          (b) Instead of publishing the feasibility summary under Subsection [(9)(a)(i), the
893     lieutenant governor] (8)(a)(i), the county clerk may publish a statement that specifies the
894     following sources where a resident within, or the owner of real property located within, the
895     proposed municipality, may view or obtain a copy of the feasibility study:
896          (i) the lieutenant governor's website;
897          (ii) the county's website;

898          [(ii)] (iii) the physical address of the [Office of the Lieutenant Governor] county clerk's
899     office; and
900          [(iii)] (iv) a mailing address and telephone number.
901          Section 14. Section 10-2a-208 is amended to read:
902          10-2a-208. Petition for incorporation -- Requirements and form.
903          (1) At any time within one year after the day on which the [lieutenant governor] county
904     clerk completes the public hearings [described in] required under Section 10-2a-207,
905     individuals within the proposed municipality may proceed with the incorporation process by
906     circulating, and submitting to the [lieutenant governor an incorporation] county clerk, a petition
907     for incorporation that, to be certified under Subsection 10-2a-209(1)(b)(i), is required to be
908     signed by:
909          (a) 10% of all registered voters within the area proposed to be incorporated as a
910     municipality, as of the [date] day on which the petition for incorporation is filed;
911          (b) if the petition for incorporation proposes the incorporation of a city, and subject to
912     Subsection (4), 10% of all registered voters within 90% of the voting precincts within the area
913     proposed to be incorporated as a city, as of the [date] day on which the petition for
914     incorporation is filed; and
915          (c) the owners of private real property that:
916          (i) is located within the proposed municipality;
917          (ii) covers at least 10% of the total private land area within the proposed municipality;
918     and
919          (iii) [is] on January 1 of the current year, was equal in assessed fair market value to at
920     least 7% of the assessed fair market value of all private real property within the proposed
921     municipality.
922          (2) The [petition sponsors shall ensure that the] petition for incorporation shall:
923          (a) [includes] include the typed or printed name and current residence address of each
924     voter [that] who signs the petition for incorporation;
925          (b) [describes] describe the area proposed to be incorporated as a municipality, as

926     described in the feasibility [study] request or the modified feasibility request that complies with
927     Subsection [10-2a-205(6)(a)] 10-2a-205(5)(a);
928          (c) [states] state the proposed name for the proposed municipality;
929          (d) [designates] designate five signers of the petition for incorporation as petition
930     sponsors, one of whom is designated as the contact sponsor, with the mailing address and
931     telephone number of each;
932          (e) if the sponsors propose the incorporation of a city, [states] state that the signers of
933     the petition for incorporation appoint the sponsors, if the incorporation measure passes, to
934     represent the signers in:
935          (i) selecting the number of commission or council members the new city will have; and
936          (ii) drawing district boundaries for the election of council members, if the voters
937     decide to elect council members by district;
938          (f) [is] be accompanied by and circulated with an accurate plat or map, prepared by a
939     licensed surveyor, showing the boundaries of the proposed municipality; and
940          (g) substantially [complies] comply with and [is] be circulated in the following form:
941          PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
942     municipality)
943          To the Honorable Lieutenant Governor and the [name of county legislative body]:
944          We, the undersigned registered voters within the area described in this petition for
945     incorporation, respectfully petition the lieutenant governor [to direct] and the county legislative
946     body to submit to the registered voters residing within the area described in this petition for
947     incorporation, at the next regular general election, the question of whether the area should
948     incorporate as a municipality. Each of the undersigned affirms that each has personally signed
949     this petition for incorporation and is a registered voter who resides within the described area,
950     and that the current residence address of each is correctly written after the signer's name. The
951     area proposed to be incorporated as a municipality is described as follows: [(][insert an
952     accurate description of the area proposed to be incorporated[)]].
953          (3) (a) [A] Except as provided in Subsection (3)(b), a valid signature on a feasibility

954     request described in Section 10-2a-202 or a modified feasibility request described in Section
955     10-2a-206 may [not] be used toward fulfilling the signature requirement described in
956     Subsection (1)[: (a)] if the feasibility request notified the signer in conspicuous language that
957     the signature, unless withdrawn, would also be used for a petition for incorporation under this
958     section[; and].
959          (b) [unless] A signature described in Subsection (3)(a) may not be used toward
960     fulfilling the signature requirement described in Subsection (1) if the signer files with the
961     [lieutenant governor] county clerk a written withdrawal of the signature before the petition for
962     incorporation is filed with the county clerk under this section [with the lieutenant governor].
963          (4) (a) A signature does not qualify under Subsection (1)(b) if the signature is gathered
964     from a voting precinct that:
965          (i) except in a proposed municipality that will be a city of the fifth class, is not located
966     entirely within the boundaries of a proposed city; or
967          (ii) includes less than 50 registered voters.
968          (b) A voting precinct that is not located entirely within the boundaries of the proposed
969     city does not qualify as a voting precinct under Subsection (1)(b).
970          Section 15. Section 10-2a-209 is amended to read:
971          10-2a-209. Processing of petition by county clerk -- Certification or rejection --
972     Petition modification.
973          (1) Within 45 days after the day on which [an incorporation] a petition for
974     incorporation is filed under Section 10-2a-208, the [lieutenant governor] county clerk shall:
975          (a) [with the assistance of other county officers of the county in which the
976     incorporation is proposed, and from whom the lieutenant governor requests assistance,]
977     determine whether the petition for incorporation complies with Section 10-2a-208; and
978          (b) (i) if the [lieutenant governor] county clerk determines that the petition for
979     incorporation complies with Section 10-2a-208, certify the petition for incorporation and notify
980     in writing the contact sponsor of the certification; or
981          (ii) if the [lieutenant governor] county clerk determines that the petition for

982     incorporation fails to comply with Section 10-2a-208, reject the petition for incorporation and
983     notify the contact sponsor in writing of the rejection and the reasons for the rejection.
984          (2) (a) If the [lieutenant governor] county clerk rejects a petition for incorporation
985     under Subsection (1)(b)(ii), the [petition] sponsors of the petition for incorporation may correct
986     the deficiencies for which the petition for incorporation was rejected and refile the petition for
987     incorporation with the [lieutenant governor] county clerk.
988          (b) Notwithstanding the deadline described in Subsection 10-2a-208(1), the [petition]
989     sponsors of the petition for incorporation may file a modified petition for incorporation under
990     Subsection (2)(a) no later than 30 days after the day on which the [lieutenant governor] county
991     clerk notifies the contact sponsor of rejection under Subsection (1)(b)(ii).
992          (c) A valid signature on [an incorporation] a petition for incorporation described in
993     Section 10-2a-208 may be used toward fulfilling the signature requirement described in
994     Subsection 10-2a-208(1) for a petition for incorporation that is modified under Subsection
995     (2)(a).
996          (3) (a) Within 20 days after the day on which the [lieutenant governor] county clerk
997     receives a modified petition for incorporation under Subsection (2)(a), the [lieutenant
998     governor] county clerk shall review the modified petition for incorporation in accordance with
999     Subsection (1).
1000          (b) The sponsors of [an incorporation] a petition for incorporation may not modify the
1001     petition for incorporation more than once.
1002          Section 16. Section 10-2a-210 is amended to read:
1003          10-2a-210. Incorporation election -- Notice of election -- Voter information
1004     pamphlet.
1005          (1) (a) If the [lieutenant governor] county clerk certifies a petition for incorporation
1006     under Subsection 10-2a-209(1)(b), the lieutenant governor shall schedule an incorporation
1007     election for the proposed municipality described in the petition for incorporation to be held on
1008     the date of the next regular general election described in Section 20A-1-201, or the next
1009     municipal general election described in Section 20A-1-202, that is at least 65 days after the day

1010     on which the [lieutenant governor] county clerk certifies the petition for incorporation.
1011          (b) (i) The lieutenant governor shall direct the county legislative body of the county in
1012     which the proposed municipality is located to hold the election on the date that the lieutenant
1013     governor schedules under Subsection (1)(a).
1014          (ii) The county legislative body shall hold the election as directed by the lieutenant
1015     governor under Subsection (1)(b)(i).
1016          (2) The county clerk shall provide notice of the election:
1017          (a) (i) by publishing notice in a newspaper of general circulation within the area
1018     proposed to be incorporated at least once a week for three successive weeks before the election;
1019          (ii) at least three weeks before the day of the election, by posting one notice, and at
1020     least one additional notice per 2,000 population of the area proposed to be incorporated, in
1021     places within the area proposed to be incorporated that are most likely to give notice to the
1022     voters within the area proposed to be incorporated, subject to a maximum of 10 notices; or
1023          (iii) at least three weeks before the day of the election, by mailing notice to each
1024     registered voter in the area proposed to be incorporated;
1025          (b) by posting notice on the Utah Public Notice Website, created in Section
1026     63A-16-601, for three weeks before the day of the election;
1027          (c) if the proposed municipality has a website, by posting notice on the proposed
1028     municipality's website for three weeks before the day of the election; and
1029          (d) by posting notice on the county's website for three weeks before the day of the
1030     election.
1031          (3) (a) The notice [required by] described in Subsection (2) shall [contain] include:
1032          (i) a statement of the contents of the petition for incorporation;
1033          (ii) a description of the area proposed to be incorporated as a municipality;
1034          (iii) a statement of the date and time of the election and the location of polling places;
1035     and
1036          (iv) except as provided in Subsection (3)(b), the feasibility study summary described in
1037     Subsection [10-2a-205(3)(c)] 10-2a-205(2)(c)(iii) and a statement that a full copy of the study

1038     is available on the [lieutenant governor's] county's website and for inspection at the [Office of
1039     the Lieutenant Governor] county offices.
1040          (b) Instead of including the feasibility summary under Subsection (3)(a)(iv), the notice
1041     may include a statement that specifies the following sources where a registered voter in the area
1042     proposed to be incorporated may view or obtain a copy of the feasibility study:
1043          (i) the [lieutenant governor's] county's website;
1044          (ii) the physical address of the [Office of the Lieutenant Governor] county clerk office;
1045     and
1046          (iii) a mailing address and telephone number.
1047          (4) (a) In addition to the notice [required under] described in Subsection (2), the county
1048     clerk shall publish and distribute, before the incorporation election is held, a voter information
1049     pamphlet:
1050          (i) in accordance with the procedures and requirements of Section 20A-7-402;
1051          (ii) in consultation with the lieutenant governor; and
1052          (iii) in a manner that the county clerk determines is adequate, subject to Subsections
1053     (4)(a)(i) and (ii).
1054          (b) The voter information pamphlet described in Subsection (4)(a):
1055          (i) shall inform the public of the proposed incorporation; and
1056          (ii) may include written statements, printed in the same font style and point size, from
1057     proponents and opponents of the proposed incorporation.
1058          (5) An individual may not vote in an incorporation election under this section unless
1059     the individual is a registered voter who resides, as defined in Section 20A-1-102, within the
1060     boundaries of the proposed municipality.
1061          (6) If a majority of those who vote in an incorporation election held under this section
1062     cast votes in favor of incorporation, the area shall incorporate.
1063          Section 17. Section 10-2a-213 is amended to read:
1064          10-2a-213. Determination of number of council members -- Determination of
1065     election districts -- Hearings and notice.

1066          (1) If the incorporation proposal passes, the [petition] sponsors of the petition for
1067     incorporation shall, within 60 days after the day on which the county conducts the canvass of
1068     the election under Section 10-2a-212:
1069          (a) for the incorporation of a city:
1070          (i) if the voters at the incorporation election choose the council-mayor form of
1071     government, determine the number of council members that will constitute the city council of
1072     the city; and
1073          (ii) if the voters at the incorporation election vote to elect council members by district,
1074     determine the number of council members to be elected by district and draw the boundaries of
1075     those districts, which shall be substantially equal in population; and
1076          (b) for the incorporation of any municipality:
1077          (i) determine the initial terms of the mayor and members of the municipal council so
1078     that:
1079          (A) the mayor and approximately half the members of the municipal council are
1080     elected to serve an initial term, of no less than one year, that allows the mayor's and members'
1081     successors to serve a full four-year term that coincides with the schedule established in
1082     Subsection 10-3-205(1); and
1083          (B) the remaining members of the municipal council are elected to serve an initial
1084     term, of no less than one year, that allows the members' successors to serve a full four-year
1085     term that coincides with the schedule established in Subsection 10-3-205(2); and
1086          (ii) submit in writing to the county legislative body the results of the determinations
1087     made by the sponsors under Subsections (1)(a) and (b)(i).
1088          (2) A newly incorporated town shall operate under the five-member council form of
1089     government as defined in Section 10-3b-102.
1090          (3) Before making a determination under Subsection (1)(a) or (b)(i), the [petition]
1091     sponsors of the petition for incorporation shall, under the direction of the county clerk, hold a
1092     public hearing within the future municipality on the applicable issues described in Subsections
1093     (1)(a) and (b)(i).

1094          (4) [The petition sponsors shall provide notice] Notice of the public hearing described
1095     in Subsection (3) shall be provided as follows:
1096          (a) the sponsors of the petition for incorporation shall:
1097          (i) at least two weeks before the day of the public hearing, [by posting] post one notice,
1098     and at least one additional notice per 2,000 population of the future municipality, in places
1099     within the future municipality that are most likely to give notice to the residents within, and the
1100     owners of real property located within, the future municipality, subject to a maximum of 10
1101     notices; or
1102          (ii) at least two weeks before the day of the public hearing, [by mailing] mail notice to
1103     each residence within, and each owner of real property located within, the future municipality;
1104          (b) [by posting] the county clerk shall post notice on the Utah Public Notice Website,
1105     created in Section 63A-16-601, for two weeks before the day of the public hearing;
1106          (c) if the future municipality has a website, [by posting] the sponsors of the petition for
1107     incorporation shall post notice on the future municipality's website for two weeks before the
1108     day of the public hearing; and
1109          (d) [by posting notice] the county clerk shall post notice on the county's website for
1110     two weeks before the day of the public hearing.
1111          Section 18. Section 10-2a-214 is amended to read:
1112          10-2a-214. Notice of number of commission or council members to be elected and
1113     of district boundaries -- Declaration of candidacy for municipal office.
1114          (1) Within 20 days after the day on which a county legislative body receives the
1115     [petition sponsors' determination under] determination described in Subsection
1116     10-2a-213(1)(b)(ii), the county clerk shall provide a notice, in accordance with Subsection (2),
1117     containing:
1118          (a) the number of municipal council members to be elected for the new municipality;
1119          (b) except as provided in Subsection (3), if some or all of the municipal council
1120     members are to be elected by district, a description of the boundaries of those districts;
1121          (c) information about the deadline for an individual to file a declaration of candidacy to

1122     become a candidate for mayor or municipal council; and
1123          (d) information about the length of the initial term of each of the municipal officers.
1124          (2) The county clerk shall provide the notice described in Subsection (1):
1125          (a) (i) by posting one notice, and at least one additional notice per 2,000 population of
1126     the future municipality, in places within the future municipality that are most likely to give
1127     notice to the residents in the future municipality, subject to a maximum of 10 notices; or
1128          (ii) by mailing notice to each residence in the future municipality;
1129          (b) by posting notice on the Utah Public Notice Website, created in Section
1130     63A-16-601, for two weeks;
1131          (c) if the future municipality has a website, by posting notice on the future
1132     municipality's website for two weeks; and
1133          (d) by posting notice on the county's website for two weeks.
1134          (3) Instead of including a description of the district boundaries under Subsection (1)(b),
1135     the notice may include a statement that specifies the following sources where a resident of the
1136     future municipality may view or obtain a copy of the district boundaries:
1137          (a) the county website;
1138          (b) the physical address of the county [offices] clerk's office; and
1139          (c) a mailing address and telephone number.
1140          (4) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to become a
1141     candidate for mayor or municipal council of a municipality incorporating under this part shall
1142     file a declaration of candidacy with the clerk of the county in which the future municipality is
1143     located and in accordance with:
1144          (a) for an incorporation held on the date of a regular general election, the deadlines for
1145     filing a declaration of candidacy under Section 20A-9-202; or
1146          (b) for an incorporation held on the date of a municipal general election, the deadlines
1147     for filing a declaration of candidacy under Section 20A-9-203.
1148          Section 19. Section 10-2a-220 is amended to read:
1149          10-2a-220. Costs of incorporation -- Fees established by lieutenant governor.

1150          (1) (a) There is created an expendable special revenue fund known as the "Municipal
1151     Incorporation Expendable Special Revenue Fund."
1152          (b) The fund shall consist of:
1153          (i) appropriations from the Legislature; and
1154          (ii) fees the [Office of the Lieutenant Governor] lieutenant governor collects and remits
1155     to the fund under this section.
1156          (c) The [Office of the Lieutenant Governor] lieutenant governor shall deposit all
1157     money collected under this section into the fund.
1158          (2) (a) The lieutenant governor shall establish a fee in accordance with Section
1159     63J-1-504 for a cost incurred by the lieutenant governor or the county for an incorporation
1160     proceeding, including:
1161          (i) a request certification;
1162          (ii) a feasibility study;
1163          (iii) a petition certification;
1164          (iv) publication of notices;
1165          (v) public hearings;
1166          (vi) all other incorporation activities occurring after the elections; and
1167          (vii) any other cost incurred by the lieutenant governor or county in relation to an
1168     incorporation proceeding.
1169          (b) A cost under Subsection (2)(a) does not include a cost incurred by a county for
1170     holding an election under Section 10-2a-210.
1171          (3) The lieutenant governor shall pay for a cost described in Subsection (2)(a) using
1172     funds from the Municipal Incorporation Expendable Special Revenue Fund.
1173          (4) (a) An area that incorporates as a municipality shall pay:
1174          (i) to the lieutenant governor each fee established under Subsection (2) for each cost
1175     described in Subsection (2)(a) incurred by the lieutenant governor or the county; and
1176          (ii) the county for a cost described in Subsection (2)(b).
1177          (b) The lieutenant governor shall execute a payback agreement with each new

1178     municipality for the new municipality to pay the fees described in Subsection (4)(a) over a
1179     period that, except as provided in Subsection (4)(c), may not exceed five years.
1180          (c) If necessary, the lieutenant governor may extend a fee payment deadline beyond the
1181     deadline described in Subsection (4)(b) by amending the payback agreement described in
1182     Subsection (4)(b).
1183          (d) The lieutenant governor shall deposit each fee the lieutenant governor collects
1184     under Subsection (4)(a)(i) into the Municipal Incorporation Expendable Special Revenue Fund.
1185          (5) If the lieutenant governor expends funds from the Municipal Incorporation
1186     Expendable Special Revenue Fund that are not repaid to the lieutenant governor under
1187     Subsection (4)(a)(i) because an area did not incorporate as a municipality, the Legislature shall
1188     appropriate money to the fund in an amount equal to the funds that are not repaid.
1189          Section 20. Repealer.
1190          This bill repeals:
1191          Section 10-2a-101, Title.
1192          Section 10-2a-201, Title.
1193          Section 21. Revisor instructions.
1194          The Legislature intends that the Office of Legislative Research and General Counsel, in
1195     preparing the Utah Code database for publication, replace the references in Subsections
1196     10-2a-106(1) and (2) in this bill from "this bill" to the citation to the bill in the Laws of Utah.
1197          Section 22. Coordinating S.B. 37 with S.B. 43 -- Substantive and technical
1198     amendments.
1199          If this S.B. 37 and S.B. 43, Public Notice Requirements, both pass and become law, it is
1200     the intent of the Legislature that the Office of Legislative Research and General Counsel shall
1201     prepare the Utah Code database for publication by:
1202          (1) amending Subsection 10-2a-207(8) as follows:
1203          "[(8)] (7) The [lieutenant governor] county clerk shall publish notice of each public
1204     hearing required under this section[:], and Section 10-2a-204.3, for the proposed municipality,
1205     as a class B notice under Section 63G-28-102, for at least three weeks before the day of the

1206     public hearing.
1207          [(a) (i) at least three weeks before the day of the public hearing, by posting one notice,
1208     and at least one additional notice per 2,000 population of the proposed municipality, in places
1209     within the proposed municipality that are most likely to give notice to the residents within, and
1210     the owners of real property located within, the proposed municipality; or]
1211          [(ii) at least three weeks before the public hearing, by mailing notice to each residence
1212     within, and each owner of real property located within, the proposed municipality;]
1213          [(b) on the Utah Public Notice Website created in Section 63A-16-601, for three weeks
1214     before the day of the public hearing; and]
1215          [(c) on the lieutenant governor's website for three weeks before the day of the public
1216     hearing.]"; and
1217          (2) amending Subsection 10-2a-213(4) as follows:
1218          "(4) [The petition sponsors shall provide notice] Notice of the public hearing described
1219     in Subsection (3) shall be provided as follows:
1220          [(a) (i) at least two weeks before the day of the public hearing, by posting one notice,
1221     and at least one additional notice per 2,000 population of the future municipality, in places
1222     within the future municipality that are most likely to give notice to the residents within, and the
1223     owners of real property located within, the future municipality, subject to a maximum of 10
1224     notices; or]
1225          [(ii) at least two weeks before the day of the public hearing, by mailing notice to each
1226     residence within, and each owner of real property located within, the future municipality;]
1227          [(b) by posting notice on the Utah Public Notice Website, created in Section
1228     63A-16-601, for two weeks before the day of the public hearing;]
1229          (a) the county clerk shall provide notice for the future municipality, as a class B notice
1230     under Section 63G-28-102, for at least two weeks before the day of the public hearing; and
1231          [(c)] (b) if the future municipality has a website, [by posting] the sponsors of the
1232     petition for incorporation shall post notice on the future municipality's website for at least two
1233     weeks before the day of the public hearing[; and].

1234          [(d) by posting notice on the county's website for two weeks before the day of the
1235     public hearing.]".