1
2
3
4
5
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 revisor instructions.
28 This bill coordinates provides a coordination clause.
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[
154 Section 10-2a-205[
155 10-2a-206; and
156 (b) the [
157 on the proposed incorporation under Subsection 10-2a-207(4)[
158 [
159
160
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 [
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 [
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 [
199 [
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 [
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 [
242
243
244
245
246
247 [
248
249
250
251
252 [
253
254 for incorporation of a city or town[
255 the city or town [
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) [
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) [
270 (ii) has a population of 1,000 people or more; and
271 (iii) is not already part of a municipality.
272 [
273 [
274 [
275
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) [
281
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[
285 (ii) the area is contiguous.
286 (3) [
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) [
291 demonstrable community interest; or
292 [
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 [
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) [
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 [
311
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 [
324
325 area proposed to be incorporated is located, that includes:
326 (a) [
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) [
332 signing the request[
333 (2) The feasibility request shall include:
334 [
335 a municipality;
336 [
337 of whom is designated as the contact sponsor, with the mailing address and telephone number
338 of each;
339 [
340 licensed surveyor, showing a legal description of the boundaries of the proposed municipality;
341 and
342 [
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 [
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 [
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 [
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 [
367 (a) [
368
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 [
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 [
395 (5) If the lieutenant governor determines that the feasibility request complies with
396 Section 10-2a-202, the lieutenant governor shall:
397 [
398 [
399 [
400 Committee[
401 [
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 [
405 [
406 written notification under Subsection [
407 shall:
408 (i) determine whether, on the date the sponsors filed the feasibility request [
409
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 [
417
418 [
419
420 [
421
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 [
424
425 county clerk.
426 [
427 after the day on which the lieutenant governor [
428 makes the determination or rejection described in Subsection (9)(a).
429 [
430 [
431 feasibility request described in Subsection [
432 [
433 request that is amended and refiled under Subsection [
434 request and process the feasibility request in accordance with [
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: "NOTICE OF PROPOSED INCORPORATION AND
454 FIRST PUBLIC HEARING You have received this notice because you reside or own property
455 within an area proposed for incorporation, or an area within 300 feet of an area proposed for
456 incorporation. The first public hearing in relation to the proposed incorporation will be held on
457 [insert date, time, and location]. The purpose of the first public hearing is to provide
458 information regarding the proposed incorporation, the incorporation process, including the
459 process for deciding whether to incorporate, and certain rights you may have in relation to the
460 proposed incorporation. A specified landowner, as defined in Utah Code Section 10-2a-204.5,
461 may, within 30 days after the day of the public hearing, request that the county clerk exclude all
462 or part of the specified landowner's land from the area proposed for incorporation. A specified
463 landowner may not request exclusion after the end of the 30-day period. Any owner of land
464 within a county where the area proposed for incorporation is located may, within 30 days after
465 the day of the public hearing, request that the county clerk include all or part of that land in the
466 area proposed for incorporation. An owner of land may not request inclusion after the end of
467 the 30-day period."; and
468 (b) a clear description of the area proposed for incorporation.
469 (3) Notwithstanding that the county conducts the first public hearing, the lieutenant
470 governor, or a designee of the lieutenant governor, shall:
471 (a) direct the proceedings at the first public hearing, with the assistance of the county
472 clerk as needed;
473 (b) provide information regarding the proposed incorporation, the incorporation
474 process, including the process for deciding whether to incorporate, and the rights citizens may
475 have in relation to the proposed incorporation;
476 (c) describe the process by which a specified landowner may request that the county
477 clerk exclude all or part of the specified landowner's land from the area proposed for
478 incorporation;
479 (d) describe the process by which an owner of land described in Subsection
480 10-2a-204.5(2)(b) may request that the county clerk include all or part of that land in the area
481 proposed for incorporation;
482 (e) describe the criteria for granting a request for exclusion or inclusion of land; and
483 (f) answer questions from individuals who attend the first public hearing.
484 (4) The contact sponsor, or an agent of the contact sponsor, and the county clerk, or an
485 employee of the county clerk designated by the county clerk, shall attend the first public
486 hearing.
487 (5) The county clerk shall:
488 (a) provide the location and equipment for the public hearing, subject to approval by
489 the lieutenant governor; and
490 (b) ensure compliance with the requirements of Title 52, Chapter 4, Open and Public
491 Meetings Act, in relation to the public hearing.
492 Section 10. Section 10-2a-204.5, which is renumbered from Section 10-2a-203 is
493 renumbered and amended to read:
494 [
495 inclusion of property from or in proposed municipality.
496 (1) As used in this section:
497 [
498
499 [
500 affiliate, subsidiary, or parent company.
501 [
502 (i) who owns more than:
503 (A) 1% of the assessed fair market value, as of January 1 of the current year, of all
504 property within the boundaries of a proposed incorporation; or
505 (B) 10% of the total private land area within the boundaries of a proposed
506 incorporation; or
507 (ii) located in a mining protection area as defined in Section 17-41-101.
508 [
509
510
511
512 [
513 [
514 [
515
516 described in Section 10-2a-204.3:
517 (a) a specified landowner may request that the [
518 exclude all or part of the [
519 proposed for incorporation by filing a [
520
521 landowner requests exclusion; or
522 (b) any owner of land located within the county where the area proposed for
523 incorporation is located may file a request that all or part of that land be included in the area
524 proposed for incorporation by filing a request for inclusion with the county clerk that describes
525 the land that the landowner desires to include.
526 [
527 identified by a specified landowner under Subsection [
528 incorporation boundaries unless the [
529 convincing evidence that:
530 (a) the exclusion will leave an unincorporated island within the proposed municipality;
531 and
532 (b) the [
533 municipal services.
534 (4) The county clerk shall include land identified by a landowner under Subsection
535 (2)(b) in the area proposed for incorporation unless the county clerk finds by clear and
536 convincing evidence that:
537 (a) the land will not be contiguous with the area of the proposed municipality, taking
538 into account other requests for inclusion or requests for exclusion received before the deadline
539 described in Subsection (2); or
540 (b) the inclusion will cause the area proposed for incorporation to violate a requirement
541 for incorporation described in this part.
542 (5) The county clerk shall:
543 (a) no earlier than 30 days after, but no later than 44 days after, the day of the first
544 public hearing described in Section 10-2a-204.3, make a determination on all timely requests
545 for exclusion or inclusion;
546 (b) forward to the lieutenant governor for review:
547 (i) all timely requests for exclusion or inclusion;
548 (ii) the county clerk's determination on each of the requests described in Subsection
549 (5)(b)(i); and
550 (iii) the reasons, including the supporting data, for each determination described in
551 Subsection (5)(b)(ii); and
552 [
553 makes a final determination on whether to include or exclude [
554 Subsection [
555 notice of whether the [
556 boundaries to:
557 (i) for a request for exclusion, the specified landowner that requested the [
558 exclusion; [
559 (ii) for a request for inclusion, the owner of land that requested the inclusion; and
560 [
561 [
562
563 the county clerk shall include, in the written notice described in Subsection [
564 detailed explanation of the [
565 facts supporting the denial.
566 (7) Within 14 days after the day on which the lieutenant governor receives the
567 information described in Subsection (5)(b) the lieutenant governor shall:
568 (a) review each determination;
569 (b) uphold or reverse each determination; and
570 (c) forward to the county clerk:
571 (i) the lieutenant governor's final determinations; and
572 (ii) if the lieutenant governor reverses a determination of the county clerk, the reason
573 for the reversal and the supporting facts.
574 Section 11. Section 10-2a-205 is amended to read:
575 10-2a-205. Feasibility study -- Feasibility study consultant -- Qualifications for
576 proceeding with incorporation.
577 [
578
579
580
581 (1) Unless the lieutenant governor rescinds the certification under Subsection
582 10-2a-204(7)(b), the lieutenant governor shall, within 90 days after the day on which the
583 lieutenant governor certifies a feasibility request under Subsection 10-2a-204(5)(a), in
584 accordance with Subsection (2), engage a feasibility consultant to conduct a feasibility study.
585 (2) [
586 (a) select a feasibility consultant in accordance with Title 63G, Chapter 6a, Utah
587 Procurement Code[
588 (b) [
589
590 (i) has expertise in the processes and economics of local government; and
591 (ii) is not affiliated with[
592
593 and
594 [
595 [
596 feasibility consultant is required to consult under Subsection [
597 the day on which the lieutenant governor engages the feasibility consultant to conduct the
598 study;
599 [
600 [
601 [
602 results, to the following within 120 days after the day on which the lieutenant governor engages
603 the feasibility consultant to conduct the feasibility study:
604 [
605 [
606 proposed;
607 [
608 [
609 [
610 [
611 feasibility study results and respond to questions from the public.
612 [
613 study shall include:
614 (i) an analysis of the population and population density within the area proposed for
615 incorporation and the surrounding area;
616 (ii) the current and projected five-year demographics and tax base within the
617 boundaries of the proposed municipality and surrounding area, including household size and
618 income, commercial and industrial development, and public facilities;
619 (iii) subject to Subsection [
620 providing municipal services to the proposed municipality, including administrative costs;
621 (iv) assuming the same tax categories and tax rates as currently imposed by the county
622 and all other current service providers, the present and five-year projected revenue for the
623 proposed municipality;
624 (v) an analysis of the risks and opportunities that might affect the actual costs described
625 in Subsection [
626 of the newly incorporated municipality;
627 (vi) an analysis of new revenue sources that may be available to the newly incorporated
628 municipality that are not available before the area incorporates, including an analysis of the
629 amount of revenues the municipality might obtain from those revenue sources;
630 (vii) the projected tax burden per household of any new taxes that may be levied within
631 the proposed municipality within five years after incorporation;
632 (viii) the fiscal impact of the municipality's incorporation on unincorporated areas,
633 other municipalities, local districts, special service districts, and other governmental entities in
634 the county; and
635 (ix) if the [
636 property in, the proposed municipality under Section [
637 map and legal description described in Subsection [
638 (b) (i) [
639 Subsection (3)(a)(iii), the feasibility consultant shall assume the proposed municipality will
640 provide a level and quality of municipal services that fairly and reasonably approximate the
641 level and quality of municipal services that are provided to the area of the proposed
642 municipality at the time the feasibility consultant conducts the feasibility study.
643 (ii) In [
644 under Subsection (3)(a)(iii), the feasibility consultant shall consider:
645 (A) the amount it would cost the proposed municipality to provide the municipal
646 service for the first five years after the municipality's incorporation; and
647 (B) the current municipal service provider's present and five-year projected cost of
648 providing the municipal service.
649 (iii) In calculating costs under Subsection [
650 consultant shall account for inflation and anticipated growth.
651 (c) In conducting the feasibility study, the feasibility consultant shall consult with the
652 following before submitting a draft of the feasibility study under Subsection [
653 (i) if the proposed municipality will include lands owned by the United States federal
654 government, the entity within the United States federal government that has jurisdiction over
655 the land;
656 (ii) if the proposed municipality will include lands owned by the state, the entity within
657 state government that has jurisdiction over the land;
658 (iii) each entity that provides a municipal service to a portion of the proposed
659 municipality; and
660 (iv) [
661 proposed municipality.
662 [
663 (3)(a)(iv) exceed the five-year projected costs calculated under Subsection [
664 (3)(a)(iii) by more than 5%, the feasibility consultant shall project and report the expected
665 annual revenue surplus to the contact sponsor and the lieutenant governor.
666 [
667 feasibility study, or a supplemental feasibility study described in Section 10-2a-206, show that
668 the average annual amount of revenue calculated under Subsection [
669 not exceed the average annual cost calculated under Subsection [
670 than 5%, the process to incorporate the area that is the subject of the feasibility study or
671 supplemental feasibility study may not proceed.
672 (b) The process to incorporate an area described in Subsection [
673 proceed if a subsequent supplemental feasibility study conducted under Section 10-2a-206 for
674 the proposed incorporation demonstrates compliance with Subsection [
675 [
676 with Subsection [
677 consultant shall, as part of the feasibility study or revised feasibility study, make
678 recommendations regarding how the boundaries of the proposed municipality may be altered to
679 comply with Subsection [
680 [
681 supplemental feasibility study described in Section 10-2a-206, on the lieutenant governor's
682 website and make a copy available for public review at the [
683 lieutenant governor's office.
684 Section 12. Section 10-2a-206 is amended to read:
685 10-2a-206. Modified feasibility request -- Supplemental feasibility study.
686 (1) (a) The sponsors of a feasibility [
687 boundaries of the proposed municipality and refile the modified feasibility request with the
688 [
689 (i) the results of the feasibility study do not comply with Subsection [
690 10-2a-205(5)(a); or
691 (ii) (A) the feasibility request complies with Subsection 10-2a-201.5(4)(b);
692 (B) the annexation petition described in Subsection 10-2a-201.5(4)(b) that proposed
693 the annexation of an area that is part of the area proposed for incorporation has been denied;
694 and
695 (C) an incorporation petition based on the feasibility request has not been filed[
696 [
697
698 [
699
700 [
701
702
703
704 [
705
706 [
707
708 (b) (i) The sponsors of a feasibility [
709 under Subsection (1)(a)(i) more than 90 days after the day on which the feasibility consultant
710 submits the final results of the feasibility study under Subsection [
711 10-2a-205(2)(c)(iii).
712 (ii) The sponsors of a feasibility request may not file a modified request under
713 Subsection (1)(a)(ii) more than 18 months after filing the original feasibility request under
714 Section 10-2a-202.
715 [
716
717
718 [
719
720 [
721 [
722 (c) (i) Subject to Subsection (1)(c)(ii), each modified feasibility request under
723 Subsection (1)(a) shall comply with Subsections 10-2a-202(1) [
724 Subsection 10-2a-201.5(4).
725 (ii) Notwithstanding Subsection (1)(c)(i), a signature on a feasibility request filed under
726 Section 10-2a-202 may be used toward fulfilling the signature requirement of Subsection
727 [
728 (1)(a), unless the modified feasibility request proposes the incorporation of an area that is more
729 than 20% larger or smaller than the area described by the original feasibility request in terms
730 of:
731 (A) private land area; or
732 (B) assessed fair market value of private real property, as of January 1 of the current
733 year.
734 [
735 county clerk receives the modified request, the [
736 lieutenant governor shall follow the same procedure [
737 in Subsections 10-2a-204(1) through (6) for the modified feasibility request as for an original
738 feasibility request.
739 [
740 the modified feasibility request the same processing priority under Subsection [
741 10-2a-204(8) as the original feasibility request.
742 [
743 receives a modified feasibility request under Subsection (1)(a) that relates to a request for
744 which a feasibility study has already been completed, the lieutenant governor shall commission
745 the feasibility consultant who conducted the feasibility study to conduct a supplemental
746 feasibility study that accounts for the modified feasibility request.
747 [
748 (a) submit a draft of the supplemental feasibility study to each applicable person with
749 whom the feasibility consultant is required to consult under Subsection [
750 10-2a-205(3)(c) within 30 days after the day on which the feasibility consultant is engaged to
751 conduct the supplemental study;
752 (b) allow each person to whom the consultant provided a draft under Subsection
753 [
754 (c) submit a completed supplemental feasibility study, to the following within 45 days
755 after the day on which the feasibility consultant is engaged to conduct the feasibility study:
756 (i) the lieutenant governor;
757 (ii) the county legislative body of the county in which the incorporation is proposed;
758 (iii) the contact sponsor; and
759 (iv) each person to whom the consultant provided a draft under Subsection [
760 (4)(a).
761 [
762 feasibility study do not comply with Subsection [
763 sponsors may further modify the request in accordance with Subsection (1).
764 (b) Subsections [
765 request described in Subsection [
766 (c) The [
767 described in Subsection [
768 for purposes of determining the modified feasibility request's processing priority under
769 Subsection [
770 Section 13. Section 10-2a-207 is amended to read:
771 10-2a-207. Additional public hearings on feasibility study results -- Notice of
772 hearings.
773 (1) As used in this section, "specified landowner" means the same as that term is
774 defined in Section [
775 (2) If the results of the feasibility study or supplemental feasibility study comply with
776 Subsection [
777 after receipt of the results of the feasibility study or supplemental feasibility study, conduct
778 [
779 (3) (a) If an area proposed for incorporation is approved for annexation after the
780 feasibility study or supplemental feasibility study is conducted but before the [
781
782 [
783 Subsection (4) unless:
784 (i) the sponsors of the feasibility study file a modified feasibility request [
785
786 (ii) the results of the supplemental feasibility study comply with Subsection
787 [
788 (b) For purposes of Subsection (3)(a), an area is approved for annexation if [
789
790 (i) approves an annexation petition proposing the annexation of an area that is part of
791 the area proposed for incorporation under Section 10-2-407 or 10-2-408; or
792 (ii) adopts an ordinance approving the annexation of an area that is part of the area
793 proposed for incorporation under Section 10-2-418.
794 (4) The [
795 hearing:
796 (a) within 60 days after the day on which the [
797 receives the results under Subsection (2) or (3)(a)(ii);
798 (b) at a location approved by the lieutenant governor within or near the proposed
799 municipality; and
800 (c) to allow the feasibility consultant to present the results of the feasibility study[
801
802 [
803
804
805
806
807
808 [
809
810
811 [
812
813 [
814
815 [
816
817
818
819 [
820 [
821 [
822
823
824 [
825
826
827
828
829 [
830
831 [
832
833 [
834
835 [
836 [
837
838 [
839
840
841 [
842 [
843
844 [
845
846 [
847
848 (5) The county clerk shall:
849 (a) conduct an additional public hearing following each occasion when, after the day of
850 the second public hearing, the county clerk receives the results of a supplemental feasibility
851 study that comply with Subsection 10-2a-205(5); and
852 (b) hold the public hearing described in Subsection (5)(a):
853 (i) within 30 days after the day on which the county clerk receives the results of the
854 supplemental feasibility study;
855 (ii) at a location approved by the lieutenant governor within or near the proposed
856 municipality;
857 (iii) to inform the public that the feasibility presented to the public at the preceding
858 public hearing does not apply; and
859 (iv) to allow the feasibility consultant to present the results of the supplemental
860 feasibility study and inform the public about the results.
861 [
862 county clerk shall:
863 (a) provide a map or plat of the boundary of the proposed municipality;
864 (b) provide a copy of the applicable feasibility study for public review;
865 (c) allow members of the public to express views about the proposed incorporation,
866 including views about the proposed boundaries; and
867 (d) allow the public to ask the feasibility consultant questions about the applicable
868 feasibility study.
869 [
870 hearing required under this section and Section 10-2a-204.3:
871 (a) (i) at least three weeks before the day of the public hearing, by posting one notice,
872 and at least one additional notice per 2,000 population of the proposed municipality, in places
873 within the proposed municipality that are most likely to give notice to the residents within, and
874 the owners of real property located within, the proposed municipality; or
875 (ii) at least three weeks before the public hearing, by mailing notice to each residence
876 within, and each owner of real property located within, the proposed municipality;
877 (b) on the Utah Public Notice Website created in Section 63A-16-601, for three weeks
878 before the day of the public hearing; and
879 (c) on the [
880 public hearing.
881 [
882 this section, the notice described in Subsection [
883 (i) include the feasibility study summary described in Subsection [
884 10-2a-205(2)(c)(iii); and
885 (ii) indicate that a full copy of the feasibility study is available on the [
886
887 county clerk's office.
888 [
889
890
891 (b) Instead of publishing the feasibility summary under Subsection [
892
893 following sources where a resident within, or the owner of real property located within, the
894 proposed municipality, may view or obtain a copy of the feasibility study:
895 (i) the lieutenant governor's website;
896 (ii) the county's website;
897 [
898 office; and
899 [
900 Section 14. Section 10-2a-208 is amended to read:
901 10-2a-208. Petition for incorporation -- Requirements and form.
902 (1) At any time within one year after the day on which the [
903 clerk completes the public hearings [
904 individuals within the proposed municipality may proceed with the incorporation process by
905 circulating, and submitting to the [
906 for incorporation that, to be certified under Subsection 10-2a-209(1)(b)(i), is required to be
907 signed by:
908 (a) 10% of all registered voters within the area proposed to be incorporated as a
909 municipality, as of the [
910 (b) if the petition for incorporation proposes the incorporation of a city, and subject to
911 Subsection (4), 10% of all registered voters within 90% of the voting precincts within the area
912 proposed to be incorporated as a city, as of the [
913 incorporation is filed; and
914 (c) the owners of private real property that:
915 (i) is located within the proposed municipality;
916 (ii) covers at least 10% of the total private land area within the proposed municipality;
917 and
918 (iii) [
919 least 7% of the assessed fair market value of all private real property within the proposed
920 municipality.
921 (2) The [
922 (a) [
923 voter [
924 (b) [
925 described in the feasibility [
926 Subsection [
927 (c) [
928 (d) [
929 sponsors, one of whom is designated as the contact sponsor, with the mailing address and
930 telephone number of each;
931 (e) if the sponsors propose the incorporation of a city, [
932 the petition for incorporation appoint the sponsors, if the incorporation measure passes, to
933 represent the signers in:
934 (i) selecting the number of commission or council members the new city will have; and
935 (ii) drawing district boundaries for the election of council members, if the voters
936 decide to elect council members by district;
937 (f) [
938 licensed surveyor, showing the boundaries of the proposed municipality; and
939 (g) substantially [
940 PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
941 municipality)
942 To the Honorable Lieutenant Governor and the [name of county legislative body]:
943 We, the undersigned registered voters within the area described in this petition for
944 incorporation, respectfully petition the lieutenant governor [
945 body to submit to the registered voters residing within the area described in this petition for
946 incorporation, at the next regular general election, the question of whether the area should
947 incorporate as a municipality. Each of the undersigned affirms that each has personally signed
948 this petition for incorporation and is a registered voter who resides within the described area,
949 and that the current residence address of each is correctly written after the signer's name. The
950 area proposed to be incorporated as a municipality is described as follows: [
951 accurate description of the area proposed to be incorporated[
952 (3) (a) [
953 request described in Section 10-2a-202 or a modified feasibility request described in Section
954 10-2a-206 may [
955 Subsection (1)[
956 the signature, unless withdrawn, would also be used for a petition for incorporation under this
957 section[
958 (b) [
959 fulfilling the signature requirement described in Subsection (1) if the signer files with the
960 [
961 incorporation is filed with the county clerk under this section [
962 (4) (a) A signature does not qualify under Subsection (1)(b) if the signature is gathered
963 from a voting precinct that:
964 (i) except in a proposed municipality that will be a city of the fifth class, is not located
965 entirely within the boundaries of a proposed city; or
966 (ii) includes less than 50 registered voters.
967 (b) A voting precinct that is not located entirely within the boundaries of the proposed
968 city does not qualify as a voting precinct under Subsection (1)(b).
969 Section 15. Section 10-2a-209 is amended to read:
970 10-2a-209. Processing of petition by county clerk -- Certification or rejection --
971 Petition modification.
972 (1) Within 45 days after the day on which [
973 incorporation is filed under Section 10-2a-208, the [
974 (a) [
975
976 determine whether the petition for incorporation complies with Section 10-2a-208; and
977 (b) (i) if the [
978 incorporation complies with Section 10-2a-208, certify the petition for incorporation and notify
979 in writing the contact sponsor of the certification; or
980 (ii) if the [
981 incorporation fails to comply with Section 10-2a-208, reject the petition for incorporation and
982 notify the contact sponsor in writing of the rejection and the reasons for the rejection.
983 (2) (a) If the [
984 under Subsection (1)(b)(ii), the [
985 the deficiencies for which the petition for incorporation was rejected and refile the petition for
986 incorporation with the [
987 (b) Notwithstanding the deadline described in Subsection 10-2a-208(1), the [
988 sponsors of the petition for incorporation may file a modified petition for incorporation under
989 Subsection (2)(a) no later than 30 days after the day on which the [
990 clerk notifies the contact sponsor of rejection under Subsection (1)(b)(ii).
991 (c) A valid signature on [
992 Section 10-2a-208 may be used toward fulfilling the signature requirement described in
993 Subsection 10-2a-208(1) for a petition for incorporation that is modified under Subsection
994 (2)(a).
995 (3) (a) Within 20 days after the day on which the [
996 receives a modified petition for incorporation under Subsection (2)(a), the [
997
998 Subsection (1).
999 (b) The sponsors of [
1000 petition for incorporation more than once.
1001 Section 16. Section 10-2a-210 is amended to read:
1002 10-2a-210. Incorporation election -- Notice of election -- Voter information
1003 pamphlet.
1004 (1) (a) If the [
1005 under Subsection 10-2a-209(1)(b), the lieutenant governor shall schedule an incorporation
1006 election for the proposed municipality described in the petition for incorporation to be held on
1007 the date of the next regular general election described in Section 20A-1-201, or the next
1008 municipal general election described in Section 20A-1-202, that is at least 65 days after the day
1009 on which the [
1010 (b) (i) The lieutenant governor shall direct the county legislative body of the county in
1011 which the proposed municipality is located to hold the election on the date that the lieutenant
1012 governor schedules under Subsection (1)(a).
1013 (ii) The county legislative body shall hold the election as directed by the lieutenant
1014 governor under Subsection (1)(b)(i).
1015 (2) The county clerk shall provide notice of the election:
1016 (a) (i) by publishing notice in a newspaper of general circulation within the area
1017 proposed to be incorporated at least once a week for three successive weeks before the election;
1018 (ii) at least three weeks before the day of the election, by posting one notice, and at
1019 least one additional notice per 2,000 population of the area proposed to be incorporated, in
1020 places within the area proposed to be incorporated that are most likely to give notice to the
1021 voters within the area proposed to be incorporated, subject to a maximum of 10 notices; or
1022 (iii) at least three weeks before the day of the election, by mailing notice to each
1023 registered voter in the area proposed to be incorporated;
1024 (b) by posting notice on the Utah Public Notice Website, created in Section
1025 63A-16-601, for three weeks before the day of the election;
1026 (c) if the proposed municipality has a website, by posting notice on the proposed
1027 municipality's website for three weeks before the day of the election; and
1028 (d) by posting notice on the county's website for three weeks before the day of the
1029 election.
1030 (3) (a) The notice [
1031 (i) a statement of the contents of the petition for incorporation;
1032 (ii) a description of the area proposed to be incorporated as a municipality;
1033 (iii) a statement of the date and time of the election and the location of polling places;
1034 and
1035 (iv) except as provided in Subsection (3)(b), the feasibility study summary described in
1036 Subsection [
1037 is available on the [
1038
1039 (b) Instead of including the feasibility summary under Subsection (3)(a)(iv), the notice
1040 may include a statement that specifies the following sources where a registered voter in the area
1041 proposed to be incorporated may view or obtain a copy of the feasibility study:
1042 (i) the [
1043 (ii) the physical address of the [
1044 and
1045 (iii) a mailing address and telephone number.
1046 (4) (a) In addition to the notice [
1047 clerk shall publish and distribute, before the incorporation election is held, a voter information
1048 pamphlet:
1049 (i) in accordance with the procedures and requirements of Section 20A-7-402;
1050 (ii) in consultation with the lieutenant governor; and
1051 (iii) in a manner that the county clerk determines is adequate, subject to Subsections
1052 (4)(a)(i) and (ii).
1053 (b) The voter information pamphlet described in Subsection (4)(a):
1054 (i) shall inform the public of the proposed incorporation; and
1055 (ii) may include written statements, printed in the same font style and point size, from
1056 proponents and opponents of the proposed incorporation.
1057 (5) An individual may not vote in an incorporation election under this section unless
1058 the individual is a registered voter who resides, as defined in Section 20A-1-102, within the
1059 boundaries of the proposed municipality.
1060 (6) If a majority of those who vote in an incorporation election held under this section
1061 cast votes in favor of incorporation, the area shall incorporate.
1062 Section 17. Section 10-2a-213 is amended to read:
1063 10-2a-213. Determination of number of council members -- Determination of
1064 election districts -- Hearings and notice.
1065 (1) If the incorporation proposal passes, the [
1066 incorporation shall, within 60 days after the day on which the county conducts the canvass of
1067 the election under Section 10-2a-212:
1068 (a) for the incorporation of a city:
1069 (i) if the voters at the incorporation election choose the council-mayor form of
1070 government, determine the number of council members that will constitute the city council of
1071 the city; and
1072 (ii) if the voters at the incorporation election vote to elect council members by district,
1073 determine the number of council members to be elected by district and draw the boundaries of
1074 those districts, which shall be substantially equal in population; and
1075 (b) for the incorporation of any municipality:
1076 (i) determine the initial terms of the mayor and members of the municipal council so
1077 that:
1078 (A) the mayor and approximately half the members of the municipal council are
1079 elected to serve an initial term, of no less than one year, that allows the mayor's and members'
1080 successors to serve a full four-year term that coincides with the schedule established in
1081 Subsection 10-3-205(1); and
1082 (B) the remaining members of the municipal council are elected to serve an initial
1083 term, of no less than one year, that allows the members' successors to serve a full four-year
1084 term that coincides with the schedule established in Subsection 10-3-205(2); and
1085 (ii) submit in writing to the county legislative body the results of the determinations
1086 made by the sponsors under Subsections (1)(a) and (b)(i).
1087 (2) A newly incorporated town shall operate under the five-member council form of
1088 government as defined in Section 10-3b-102.
1089 (3) Before making a determination under Subsection (1)(a) or (b)(i), the [
1090 sponsors of the petition for incorporation shall, under the direction of the county clerk, hold a
1091 public hearing within the future municipality on the applicable issues described in Subsections
1092 (1)(a) and (b)(i).
1093 (4) [
1094 in Subsection (3) shall be provided as follows:
1095 (a) the sponsors of the petition for incorporation shall:
1096 (i) at least two weeks before the day of the public hearing, [
1097 and at least one additional notice per 2,000 population of the future municipality, in places
1098 within the future municipality that are most likely to give notice to the residents within, and the
1099 owners of real property located within, the future municipality, subject to a maximum of 10
1100 notices; or
1101 (ii) at least two weeks before the day of the public hearing, [
1102 each residence within, and each owner of real property located within, the future municipality;
1103 (b) [
1104 created in Section 63A-16-601, for two weeks before the day of the public hearing;
1105 (c) if the future municipality has a website, [
1106 incorporation shall post notice on the future municipality's website for two weeks before the
1107 day of the public hearing; and
1108 (d) [
1109 two weeks before the day of the public hearing.
1110 Section 18. Section 10-2a-214 is amended to read:
1111 10-2a-214. Notice of number of commission or council members to be elected and
1112 of district boundaries -- Declaration of candidacy for municipal office.
1113 (1) Within 20 days after the day on which a county legislative body receives the
1114 [
1115 10-2a-213(1)(b)(ii), the county clerk shall provide a notice, in accordance with Subsection (2),
1116 containing:
1117 (a) the number of municipal council members to be elected for the new municipality;
1118 (b) except as provided in Subsection (3), if some or all of the municipal council
1119 members are to be elected by district, a description of the boundaries of those districts;
1120 (c) information about the deadline for an individual to file a declaration of candidacy to
1121 become a candidate for mayor or municipal council; and
1122 (d) information about the length of the initial term of each of the municipal officers.
1123 (2) The county clerk shall provide the notice described in Subsection (1):
1124 (a) (i) by posting one notice, and at least one additional notice per 2,000 population of
1125 the future municipality, in places within the future municipality that are most likely to give
1126 notice to the residents in the future municipality, subject to a maximum of 10 notices; or
1127 (ii) by mailing notice to each residence in the future municipality;
1128 (b) by posting notice on the Utah Public Notice Website, created in Section
1129 63A-16-601, for two weeks;
1130 (c) if the future municipality has a website, by posting notice on the future
1131 municipality's website for two weeks; and
1132 (d) by posting notice on the county's website for two weeks.
1133 (3) Instead of including a description of the district boundaries under Subsection (1)(b),
1134 the notice may include a statement that specifies the following sources where a resident of the
1135 future municipality may view or obtain a copy of the district boundaries:
1136 (a) the county website;
1137 (b) the physical address of the county [
1138 (c) a mailing address and telephone number.
1139 (4) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to become a
1140 candidate for mayor or municipal council of a municipality incorporating under this part shall
1141 file a declaration of candidacy with the clerk of the county in which the future municipality is
1142 located and in accordance with:
1143 (a) for an incorporation held on the date of a regular general election, the deadlines for
1144 filing a declaration of candidacy under Section 20A-9-202; or
1145 (b) for an incorporation held on the date of a municipal general election, the deadlines
1146 for filing a declaration of candidacy under Section 20A-9-203.
1147 Section 19. Section 10-2a-220 is amended to read:
1148 10-2a-220. Costs of incorporation -- Fees established by lieutenant governor.
1149 (1) (a) There is created an expendable special revenue fund known as the "Municipal
1150 Incorporation Expendable Special Revenue Fund."
1151 (b) The fund shall consist of:
1152 (i) appropriations from the Legislature; and
1153 (ii) fees the [
1154 to the fund under this section.
1155 (c) The [
1156 money collected under this section into the fund.
1157 (2) (a) The lieutenant governor shall establish a fee in accordance with Section
1158 63J-1-504 for a cost incurred by the lieutenant governor or the county for an incorporation
1159 proceeding, including:
1160 (i) a request certification;
1161 (ii) a feasibility study;
1162 (iii) a petition certification;
1163 (iv) publication of notices;
1164 (v) public hearings;
1165 (vi) all other incorporation activities occurring after the elections; and
1166 (vii) any other cost incurred by the lieutenant governor or county in relation to an
1167 incorporation proceeding.
1168 (b) A cost under Subsection (2)(a) does not include a cost incurred by a county for
1169 holding an election under Section 10-2a-210.
1170 (3) The lieutenant governor shall pay for a cost described in Subsection (2)(a) using
1171 funds from the Municipal Incorporation Expendable Special Revenue Fund.
1172 (4) (a) An area that incorporates as a municipality shall pay:
1173 (i) to the lieutenant governor each fee established under Subsection (2) for each cost
1174 described in Subsection (2)(a) incurred by the lieutenant governor or the county; and
1175 (ii) the county for a cost described in Subsection (2)(b).
1176 (b) The lieutenant governor shall execute a payback agreement with each new
1177 municipality for the new municipality to pay the fees described in Subsection (4)(a) over a
1178 period that, except as provided in Subsection (4)(c), may not exceed five years.
1179 (c) If necessary, the lieutenant governor may extend a fee payment deadline beyond the
1180 deadline described in Subsection (4)(b) by amending the payback agreement described in
1181 Subsection (4)(b).
1182 (d) The lieutenant governor shall deposit each fee the lieutenant governor collects
1183 under Subsection (4)(a)(i) into the Municipal Incorporation Expendable Special Revenue Fund.
1184 (5) If the lieutenant governor expends funds from the Municipal Incorporation
1185 Expendable Special Revenue Fund that are not repaid to the lieutenant governor under
1186 Subsection (4)(a)(i) because an area did not incorporate as a municipality, the Legislature shall
1187 appropriate money to the fund in an amount equal to the funds that are not repaid.
1188 Section 20. Repealer.
1189 This bill repeals:
1190 Section 10-2a-101, Title.
1191 Section 10-2a-201, Title.
1192 Section 21. Revisor instructions.
1193 The Legislature intends that the Office of Legislative Research and General Counsel, in
1194 preparing the Utah Code database for publication, replace the references in Subsections
1195 10-2a-106(1) and (2) in this bill from "this bill" to the citation to the bill in the Laws of Utah.
1196 Section 22. Coordinating S.B. 37 with S.B. 43 -- Substantive and technical
1197 amendments.
1198 If this S.B. 37 and S.B. 43, Public Notice Requirements, both pass and become law, it is
1199 the intent of the Legislature that the Office of Legislative Research and General Counsel shall
1200 prepare the Utah Code database for publication by:
1201 (1) amending Subsection 10-2a-207(8) as follows:
1202 "[
1203 hearing required under this section[
1204 as a class B notice under Section 63G-28-102, for at least three weeks before the day of the
1205 public hearing.
1206 [
1207
1208
1209
1210 [
1211
1212 [
1213
1214 [
1215
1216 (2) amending Subsection 10-2a-213(4) as follows:
1217 "(4) [
1218 in Subsection (3) shall be provided as follows:
1219 [
1220
1221
1222
1223
1224 [
1225
1226 [
1227
1228 (a) the county clerk shall provide notice for the future municipality, as a class B notice
1229 under Section 63G-28-102, for at least two weeks before the day of the public hearing; and
1230 [
1231 petition for incorporation shall post notice on the future municipality's website for at least two
1232 weeks before the day of the public hearing[
1233 [
1234