Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 245 (2015GS)

Sponsor

Rep. Brown, M.

Final action

Governor Signed 3/25/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the lieutenant governor, rather than a county, to facilitate proceedings for and pay for the expenses incurred from the incorporation of a city or town;
• removes obsolete language;
• requires a newly incorporated city or town to reimburse the lieutenant governor for incorporation expenses; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

INCORPORATION PROCESS FOR CITIES AND TOWNS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melvin R. Brown
Senate Sponsor: 
 Kevin T. Van Tassell
LONG TITLE
General Description:
This bill amends provisions in the city and town incorporation code.
Highlighted Provisions:
This bill:
▸ requires the lieutenant governor, rather than a county, to facilitate proceedings for
and pay for the expenses incurred from the incorporation of a city or town;
▸ removes obsolete language;
▸ requires a newly incorporated city or town to reimburse the lieutenant governor for
incorporation expenses; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
10-2-102
, as last amended by Laws of Utah 2012, Chapter 359
10-2-103
, as last amended by Laws of Utah 2000, Chapter 184
10-2-104
, as last amended by Laws of Utah 2012, Chapter 359
10-2-105
, as last amended by Laws of Utah 2012, Chapter 359
10-2-106
, as last amended by Laws of Utah 2012, Chapter 359
10-2-107
, as last amended by Laws of Utah 2000, Chapter 184
10-2-108
, as last amended by Laws of Utah 2012, Chapter 359
10-2-109
, as last amended by Laws of Utah 2012, Chapter 359
10-2-110
, as last amended by Laws of Utah 1997, Second Special Session, Chapter 3
10-2-111
, as last amended by Laws of Utah 2014, Chapter 158
10-2-123
, as enacted by Laws of Utah 1997, Chapter 389
10-2-125
, as last amended by Laws of Utah 2014, Chapter 189
10-2-126
, as last amended by Laws of Utah 2014, Chapter 189
10-2-127
, as last amended by Laws of Utah 2014, Chapter 158
63I-2-210
, as last amended by Laws of Utah 2014, Chapter 405
ENACTS:
10-2-102.13
, Utah Code Annotated 1953
10-2-131
, Utah Code Annotated 1953
Utah Code Sections Affected by Revisor Instructions:
10-2-102.13
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-2-102
 is amended to read:
10-2-102.
Incorporation of a contiguous area -- Governing provisions of city or
town incorporation.
(1) A contiguous area of a county not within a municipality may incorporate as a
municipality as provided in this part.
(2) (a) Incorporation as a city is governed by Sections 
10-2-103
 through 
10-2-124
.
(b) Incorporation as a town is governed by Sections 
10-2-125
 through [
10-2-129
]
10-2-131
.
Section 2. Section 
10-2-102.13
 is enacted to read:
 10-2-102.13.
Feasibility study or petition to incorporate filed before May 12, 2015.
(1) If a request for a feasibility study to incorporate a city is filed under Section
10-2-103
 before May 12, 2015, the request and a subsequent feasibility study, petition, public
hearing, election, and any other city incorporation action applicable to that request shall be
filed with and be acted upon, held, processed, or paid for by the county legislative body or
county clerk, as applicable, as designated, directed, or authorized before this bill takes effect.
(2) If a petition to incorporate a town is filed under Section 
10-2-125
 before May 12,
2015, the petition and a subsequent feasibility study, petition, public hearing, election, and any
other town incorporation action applicable to that petition to incorporate, including a township
incorporation procedure as defined in Section 
10-2-130
, shall be filed with and be acted upon,
held, processed, or paid for by the county legislative body or county clerk, as applicable, as
designated, directed, or authorized before this bill takes effect.
Section 3. Section 
10-2-103
 is amended to read:
10-2-103.
Request for feasibility study -- Requirements -- Limitations.
(1) The process to incorporate a contiguous area of a county as a city is initiated by a
request for a feasibility study filed with the [
clerk of the county in which the area is located
]
Office of the Lieutenant Governor
.
(2) Each request under Subsection (1) shall:
(a) be signed by the owners of private real property that:
(i) is located within the area proposed to be incorporated;
(ii) covers at least 10% of the total private land area within the area; and
(iii) is equal in value to at least 7% of the value of all private real property within the
area;
(b) indicate the typed or printed name and current residence address of each owner
signing the request;
(c) describe the contiguous area proposed to be incorporated as a city;
(d) designate up to five signers of the request as sponsors, one of whom shall be
designated as the contact sponsor, with the mailing address and telephone number of each;
(e) be accompanied by and circulated with an accurate map or plat, prepared by a
licensed surveyor, showing the boundaries of the proposed city; and
(f) request the [
county legislative body
] 
lieutenant governor
 to commission a study to
determine the feasibility of incorporating the area as a city.
(3) A request for a feasibility study under this section may not propose for
incorporation an area that includes some or all of an area that is the subject of a completed
feasibility study or supplemental feasibility study whose results comply with Subsection
10-2-109
(3) unless:
(a) the proposed incorporation that is the subject of the completed feasibility study or
supplemental feasibility study has been defeated by the voters at an election under Section
10-2-111
; or
(b) the time provided under Subsection 
10-2-109
(1) for filing an incorporation petition
based on the completed feasibility study or supplemental feasibility study has elapsed without
the filing of a petition.
(4) (a) Except as provided in Subsection (4)(b), a request under this section may not
propose for incorporation an area that includes some or all of an area proposed for annexation
in an annexation petition under Section 
10-2-403
 that:
(i) was filed before the filing of the request; and
(ii) is still pending on the date the request is filed.
(b) Notwithstanding Subsection (4)(a), a request may propose for incorporation an area
that includes some or all of an area proposed for annexation in an annexation petition described
in Subsection (4)(a) if:
(i) the proposed annexation area that is part of the area proposed for incorporation does
not exceed 20% of the area proposed for incorporation;
(ii) the request complies with Subsections (2) and (3) with respect to the area proposed
for incorporation excluding the proposed annexation area; and
(iii) excluding the area proposed for annexation from the area proposed for
incorporation would not cause the area proposed for incorporation to lose its contiguousness.
(c) Except as provided in Section 
10-2-107
, each request to which Subsection (4)(b)
applies shall be considered as not proposing the incorporation of the area proposed for
annexation.
(5) At the time of filing the request for a feasibility study with the [
county clerk
] 
Office
of the Lieutenant Governor
, the sponsors of the request shall mail or deliver a copy of the
request to the chair of the planning commission of each township in which any part of the area
proposed for incorporation is located.
Section 4. Section 
10-2-104
 is amended to read:
10-2-104.
Notice to owner of property -- Exclusion of property from proposed
boundaries.
(1) As used in this section:
(a) "Assessed value" with respect to property means the value at which the property
would be assessed without regard to a valuation for agricultural use under Section 
59-2-503
.
(b) "Owner" means a person having an interest in real property, including an affiliate,
subsidiary, or parent company.
(c) "Urban" means an area with a residential density of greater than one unit per acre.
(2) Within seven calendar days of the date on which a request under Section 
10-2-103
is filed, the [
county clerk
] 
lieutenant governor
 shall send written notice of the proposed
incorporation to each record owner of real property owning more than:
(a) 1% of the assessed value of all property in the proposed incorporation boundaries;
or
(b) 10% of the total private land area within the proposed incorporation boundaries.
(3) If an owner owns, controls, or manages more than 1% of the assessed value of all
property in the proposed incorporation boundaries, or owns, controls, or manages 10% or more
of the total private land area in the proposed incorporation boundaries, the owner may exclude
all or part of the property owned, controlled, or managed by the owner from the proposed
boundaries by filing a Notice of Exclusion with the [
county legislative body
] 
Office of the
Lieutenant Governor
 within 15 calendar days of receiving the clerk's notice under Subsection
(2).
(4) The [
county legislative body
] 
lieutenant governor
 shall exclude the property
identified by an owner in the Notice of Exclusion from the proposed incorporation boundaries
unless the [
county legislative body
] 
lieutenant governor
 finds by clear and convincing evidence
in the record that:
(a) the exclusion will leave an unincorporated island within the proposed municipality;
and
(b) the property to be excluded:
(i) is urban; and
(ii) currently receives from the county a majority of municipal-type services including:
(A) culinary or irrigation water;
(B) sewage collection or treatment;
(C) storm drainage or flood control;
(D) recreational facilities or parks;
(E) electric generation or transportation;
(F) construction or maintenance of local streets and roads;
(G) curb and gutter or sidewalk maintenance;
(H) garbage and refuse collection; and
(I) street lighting.
(5) This section applies only to counties of the first or second class.
(6) If the [
county legislative body
] 
lieutenant governor
 excludes property from the
proposed boundaries under Subsection (4), the [
county legislative body
] 
lieutenant governor
shall, within five days of the exclusion, send written notice of the exclusion to the contact
sponsor.
Section 5. Section 
10-2-105
 is amended to read:
10-2-105.
Processing a request for incorporation -- Certification or rejection by
lieutenant governor -- Processing priority -- Limitations -- Township planning
commission recommendation.
(1) Within 45 days of the filing of a request under Section 
10-2-103
, the [
county clerk
]
lieutenant governor
 shall:
(a) with the assistance of other county officers 
of the county in which the incorporation
is proposed
 from whom the [
clerk
] 
lieutenant governor
 requests assistance, determine whether
the request complies with Section 
10-2-103
; and
(b) (i) if the [
clerk
] 
lieutenant governor
 determines that the request complies with
Section 
10-2-103
:
(A) certify the request [
and deliver the certified request to the county legislative body
];
and
(B) mail or deliver written notification of the certification to:
(I) the contact sponsor; and
(II) the chair of the planning commission of each township in which any part of the
area proposed for incorporation is located; or
(ii) if the [
clerk
] 
lieutenant governor
 determines that the request fails to comply with
Section 
10-2-103
 requirements, reject the request and notify the contact sponsor in writing of
the rejection and the reasons for the rejection.
(2) The [
county clerk
] 
lieutenant governor
 shall certify or reject requests under
Subsection (1) in the order in which they are filed.
(3) (a) (i) If the [
county clerk
] 
lieutenant governor
 rejects a request under Subsection
(1)(b)(ii), the request may be amended to correct the deficiencies for which it was rejected and
then refiled with the [
county clerk
] 
lieutenant governor
.
(ii) A signature on a request under Section 
10-2-103
 may be used toward fulfilling the
signature requirement of Subsection 
10-2-103
(2)(a) for the request as modified under
Subsection (3)(a)(i).
(b) If a request is amended and refiled under Subsection (3)(a) after having been
rejected by the [
county clerk
] 
lieutenant governor
 under Subsection (1)(b)(ii), it shall be
considered as a newly filed request, and its processing priority is determined by the date on
which it is refiled.
Section 6. Section 
10-2-106
 is amended to read:
10-2-106.
Feasibility study -- Feasibility study consultant.
(1) Within [
] 
 days of receipt of a certified request under Subsection
10-2-105
(1)(b)(i), the [
county legislative body
] 
lieutenant governor
 shall engage the feasibility
consultant chosen under Subsection (2) to conduct a feasibility study.
(2) The feasibility consultant shall be chosen:
(a) (i) by the contact sponsor of the incorporation petition with the consent of the
[
county
] 
lieutenant governor
; or
(ii) by the [
county
] 
lieutenant governor
 if the designated sponsors state, in writing, that
the contact sponsor defers selection of the feasibility consultant to the [
county
] 
lieutenant
governor
; and
(b) in accordance with applicable [
county
] procurement procedures.
(3) The [
county legislative body
] 
lieutenant governor
 shall require the feasibility
consultant to:
(a) complete the feasibility study and submit the written results to the 
lieutenant
governor, the
 county legislative body 
of the county in which the incorporation is proposed,
 and
the contact sponsor no later than 90 days after the feasibility consultant is engaged to conduct
the study;
(b) submit with the full written results of the feasibility study a summary of the results
no longer than one page in length; and
(c) attend the public hearings under Subsection 
10-2-108
(1) and present the feasibility
study results and respond to questions from the public at those hearings.
(4) (a) The feasibility study shall consider:
(i) population and population density within the area proposed for incorporation and
the surrounding area;
(ii) current and five-year projections of demographics and economic base in the
proposed city and surrounding area, including household size and income, commercial and
industrial development, and public facilities;
(iii) projected growth in the proposed city and in adjacent areas during the next five
years;
(iv) subject to Subsection (4)(b), the present and five-year projections of the cost,
including overhead, of governmental services in the proposed city, including:
(A) culinary water;
(B) secondary water;
(C) sewer;
(D) law enforcement;
(E) fire protection;
(F) roads and public works;
(G) garbage;
(H) weeds; and
(I) government offices;
(v) assuming the same tax categories and tax rates as currently imposed by the county
and all other current service providers, the present and five-year projected revenue for the
proposed city;
(vi) a projection of any new taxes per household that may be levied within the
incorporated area within five years of incorporation; and
(vii) the fiscal impact on unincorporated areas, other municipalities, local districts,
special service districts, and other governmental entities in the county.
(b) (i) For purposes of Subsection (4)(a)(iv), the feasibility consultant shall assume a
level and quality of governmental services to be provided to the proposed city in the future that
fairly and reasonably approximate the level and quality of governmental services being
provided to the proposed city at the time of the feasibility study.
(ii) In determining the present cost of a governmental service, the feasibility consultant
shall consider:
(A) the amount it would cost the proposed city to provide governmental service for the
first five years after incorporation; and
(B) the county's present and five-year projected cost of providing governmental
service.
(iii) The costs calculated under Subsection (4)(a)(iv), shall take into account inflation
and anticipated growth.
(5) If the five year projected revenues under Subsection (4)(a)(v) exceed the five year
projected costs under Subsection (4)(a)(iv) by more than 5%, the feasibility consultant shall
project and report the expected annual revenue surplus to the contact sponsor and the lieutenant
governor.
(6) If the results of the feasibility study or revised feasibility study do not meet the
requirements of Subsection 
10-2-109
(3), the feasibility consultant shall, as part of the
feasibility study or revised feasibility study and if requested by the sponsors of the request,
make recommendations as to how the boundaries of the proposed city may be altered so that
the requirements of Subsection 
10-2-109
(3) may be met.
[
(7) (a) For purposes of this Subsection (7), "pending" means that the process to
incorporate an unincorporated area has been initiated by the filing of a request for feasibility
study under Section 
10-2-103
 but that, as of May 8, 2012, a petition under Section 
10-2-109
has not yet been filed.
]
[
(b) The amendments to Subsection (4) that become effective upon the effective date of
this Subsection (7):
]
[
(i) apply to each pending proceeding proposing the incorporation of an unincorporated
area; and
]
[
(ii) do not apply to a municipal incorporation proceeding under this part in which a
petition under Section 
10-2-109
 has been filed.
]
[
(c) (i) If, in a pending incorporation proceeding, the feasibility consultant has, as of
May 8, 2012, already completed the feasibility study, the county legislative body shall, within
days after the effective date of this Subsection (7) and except as provided in Subsection
(7)(c)(iii), engage the feasibility consultant to revise the feasibility study to take into account
the amendments to Subsection (4) that became effective on the effective date of this Subsection
(7).
]
[
(ii) Except as provided in Subsection (7)(c)(iii), the county legislative body shall
require the feasibility consultant to complete the revised feasibility study under Subsection
(7)(c)(i) within 20 days after being engaged to do so.
]
[
(iii) Notwithstanding Subsections (7)(c)(i) and (ii), a county legislative body is not
required to engage the feasibility consultant to revise the feasibility study if, within 15 days
after the effective date of this Subsection (7), the request sponsors file with the county clerk a
written withdrawal of the request signed by all the request sponsors.
]
[
(d) All provisions of this part that set forth the incorporation process following the
completion of a feasibility study shall apply with equal force following the completion of a
revised feasibility study under this Subsection (7), except that, if a petition under Section
10-2-109
 has already been filed based on the feasibility study that is revised under this
Subsection (7):
]
[
(i) the notice required by Section 
10-2-108
 for the revised feasibility study shall
include a statement informing signers of the petition of their right to withdraw their signatures
from the petition and of the process and deadline for withdrawing a signature from the
petition;
]
[
(ii) a signer of the petition may withdraw the signer's signature by filing with the
county clerk a written withdrawal within 30 days after the final notice under Subsection
10-2-108
(3) has been given with respect to the revised feasibility study; and
]
[
(iii) unless withdrawn, a signature on the petition may be used toward fulfilling the
signature requirements under Subsection 
10-2-109
(2)(a) for a petition based on the revised
feasibility study.
]
Section 7. Section 
10-2-107
 is amended to read:
10-2-107.
Modified request for feasibility study -- Supplemental feasibility study.
(1) (a) (i) The sponsors of a request may modify the request to alter the boundaries of
the proposed city and then refile the request, as modified, with the [
county clerk
] 
lieutenant
governor
 if:
(A) the results of the feasibility study do not meet the requirements of Subsection
10-2-109
(3); or
(B) (I) the request meets the conditions of Subsection 
10-2-103
(4)(b);
(II) the annexation petition that proposed the annexation of an area that is part of the
area proposed for incorporation has been denied; and
(III) an incorporation petition based on the request has not been filed.
(ii) (A) A modified request under Subsection (1)(a)(i)(A) may not be filed more than
90 days after the feasibility consultant's submission of the results of the study.
(B) A modified request under Subsection (1)(a)(i)(B) may not be filed more than 18
months after the filing of the original request under Section 
10-2-103
.
(b) (i) Subject to Subsection (1)(b)(ii), each modified request under Subsection (1)(a)
shall comply with the requirements of Subsections 
10-2-103
(2), (3), (4), and (5).
(ii) Notwithstanding Subsection (1)(b)(i), a signature on a request filed under Section
10-2-103
 may be used toward fulfilling the signature requirement of Subsection 
10-2-103
(2)(a)
for the request as modified under Subsection (1)(a), unless the modified request proposes the
incorporation of an area that is more than 20% greater or smaller than the area described by the
original request in terms of:
(A) private land area; or
(B) value of private real property.
(2) Within 20 days after the [
county clerk's
] 
lieutenant governor's
 receipt of the
modified request, the [
county clerk
] 
lieutenant governor
 shall follow the same procedure for
the modified request as provided under Subsection 
10-2-105
(1) for an original request.
(3) The timely filing of a modified request under Subsection (1) gives the modified
request the same processing priority under Subsection 
10-2-105
(2) as the original request.
(4) Within 10 days after the [
county legislative body's
] 
lieutenant governor's
 receipt of
a certified modified request under Subsection (1)(a)(i)(A) or a certified modified request under
Subsection (1)(a)(i)(B) that was filed after the completion of a feasibility study on the original
request, the [
county legislative body
] 
lieutenant governor
 shall commission the feasibility
consultant who conducted the feasibility study to supplement the feasibility study to take into
account the information in the modified request that was not included in the original request.
(5) The [
county legislative body
] 
lieutenant governor
 shall require the feasibility
consultant to complete the supplemental feasibility study and to submit written results of the
supplemental study to the [
county legislative body
] 
lieutenant governor
 and to the contact
sponsor no later than 30 days after the feasibility consultant is commissioned to conduct the
supplemental feasibility study.
(6) (a) Subject to Subsection (6)(b), if the results of the supplemental feasibility study
do not meet the requirements of Subsection 
10-2-109
(3):
(i) the sponsors may file a further modified request as provided in Subsection (1); and
(ii) Subsections (2), (4), and (5) apply to a further modified request under Subsection
(6)(a)(i).
(b) A further modified request under Subsection (6)(a) shall, for purposes of its
processing priority, be considered as an original request for a feasibility study under Section
10-2-103
.
Section 8. Section 
10-2-108
 is amended to read:
10-2-108.
Public hearings on feasibility study results -- Notice of hearings.
(1) If the results of the feasibility study or supplemental feasibility study meet the
requirements of Subsection 
10-2-109
(3), the [
county legislative body
] 
lieutenant governor
shall, [
at its next regular meeting
] after receipt of the results of the feasibility study or
supplemental feasibility study, schedule at least two public hearings to be held:
(a) within the following 60 days 
after receipt of the results
;
(b) at least seven days apart;
(c) in geographically diverse locations within the proposed city; and
(d) for the purpose of allowing:
(i) the feasibility consultant to present the results of the study; and
(ii) the public to become informed about the feasibility study results and to ask
questions about those results of the feasibility consultant.
(2) At a public hearing described in Subsection (1), the [
county legislative body
]
lieutenant governor
 shall:
(a) provide a map or plat of the boundary of the proposed city;
(b) provide a copy of the feasibility study for public review; and
(c) allow the public to express its views about the proposed incorporation, including its
view about the proposed boundary.
(3) (a) (i) The [
county clerk
] 
lieutenant governor
 shall publish notice of the public
hearings required under Subsection (1):
(A) at least once a week for three successive weeks in a newspaper of general
circulation within the proposed city; and
(B) on the Utah Public Notice Website created in Section 
63F-1-701
, for three weeks.
(ii) The last publication of notice required under Subsection (3)(a)(i)(A) shall be at
least three days before the first public hearing required under Subsection (1).
(b) (i) If, under Subsection (3)(a)(i)(A), there is no newspaper of general circulation
within the proposed city, the [
county clerk
] 
lieutenant governor
 shall post at least one notice of
the hearings per 1,000 population in conspicuous places within the proposed city that are most
likely to give notice of the hearings to the residents of the proposed city.
(ii) The [
clerk
] 
lieutenant governor
 shall post the notices under Subsection (3)(b)(i) at
least seven days before the first hearing under Subsection (1).
(c) The notice under Subsections (3)(a) and (b) shall include the feasibility study
summary under Subsection 
10-2-106
(3)(b) and shall indicate that a full copy of the study is
available for inspection and copying at the [
office of the county clerk
] 
Office of the Lieutenant
Governor
.
(d) The lieutenant governor shall post a copy of the feasibility study on the lieutenant
governor's website and make a copy available for public review at the Office of the Lieutenant
Governor.
Section 9. Section 
10-2-109
 is amended to read:
10-2-109.
Incorporation petition -- Requirements and form.
(1) At any time within one year of the completion of the public hearings required under
Subsection 
10-2-108
(1), a petition for incorporation of the area proposed to be incorporated as
a city may be filed in the [
office of the clerk of the county in which the area is located
] 
Office
of the Lieutenant Governor
.
(2) Each petition under Subsection (1) shall:
(a) be signed by:
(i) 10% of all registered voters within the area proposed to be incorporated as a city,
according to the official voter registration list maintained by the county on the date the petition
is filed; and
(ii) 10% of all registered voters within, subject to Subsection (5), 90% of the voting
precincts within the area proposed to be incorporated as a city, according to the official voter
registration list maintained by the county on the date the petition is filed;
(b) indicate the typed or printed name and current residence address of each owner
signing the petition;
(c) describe the area proposed to be incorporated as a city, as described in the
feasibility study request or modified request that meets the requirements of Subsection (3);
(d) state the proposed name for the proposed city;
(e) designate five signers of the petition as petition sponsors, one of whom shall be
designated as the contact sponsor, with the mailing address and telephone number of each;
(f) state that the signers of the petition appoint the sponsors, if the incorporation
measure passes, to represent the signers in the process of:
(i) selecting the number of commission or council members the new city will have; and
(ii) drawing district boundaries for the election of commission or council members, if
the voters decide to elect commission or council members by district;
(g) be accompanied by and circulated with an accurate plat or map, prepared by a
licensed surveyor, showing the boundaries of the proposed city; and
(h) substantially comply with and be circulated in the following form:
PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
city)
To the Honorable [
County Legislative Body of (insert the name of the county in which
the proposed city is located) County, Utah
] 
Lieutenant Governor
:
We, the undersigned owners of real property within the area described in this petition,
respectfully petition the 
lieutenant governor to direct the
 county legislative body to submit to
the registered voters residing within the area described in this petition, at the next regular
general election, the question of whether the area should incorporate as a city. Each of the
undersigned affirms that each has personally signed this petition and is an owner of real
property within the described area, and that the current residence address of each is correctly
written after the signer's name. The area proposed to be incorporated as a city is described as
follows: (insert an accurate description of the area proposed to be incorporated).
(3) A petition for incorporation of a city under Subsection (1) may not be filed unless
the results of the feasibility study or supplemental feasibility study show that the average
annual amount of revenue under Subsection 
10-2-106
(4)(a)(v) does not exceed the average
annual amount of cost under Subsection 
10-2-106
(4)(a)(iv) by more than 5%.
(4) A signature on a request under Section 
10-2-103
 or a modified request under
Section 
10-2-107
 may be used toward fulfilling the signature requirement of Subsection (2)(a):
(a) if the request under Section 
10-2-103
 or modified request under Section 
10-2-107
notified the signer in conspicuous language that the signature, unless withdrawn, would also be
used for purposes of a petition for incorporation under this section; and
(b) unless the signer files with the [
county clerk
] 
lieutenant governor
 a written
withdrawal of the signature before the petition under this section is filed with the [
clerk
]
lieutenant governor
.
(5) (a) A signature does not qualify as a signature to meet the requirement described in
Subsection (2)(a)(ii) if the signature is gathered from a voting precinct that:
(i) is not located entirely within the boundaries of the proposed city; or
(ii) includes less than 50 registered voters.
(b) A voting precinct that is not located entirely within the boundaries of the proposed
city does not qualify as a voting precinct to meet the precinct requirements of Subsection
(2)(a)(ii).
Section 10. Section 
10-2-110
 is amended to read:
10-2-110.
 Processing of petition by lieutenant governor -- Certification or
rejection -- Processing priority.
(1) Within 45 days of the filing of a petition under Section 
10-2-109
, the [
county clerk
]
lieutenant governor
 shall:
(a) with the assistance of other county officers 
of the county in which the incorporation
is proposed
 from whom the [
clerk
] 
lieutenant governor
 requests assistance, determine whether
the petition meets the requirements of Section 
10-2-109
; and
(b) (i) if the [
clerk
] 
lieutenant governor
 determines that the petition meets those
requirements, certify the petition[
, deliver it to the county legislative body,
] and notify in
writing the contact sponsor of the certification; or
(ii) if the [
clerk
] 
lieutenant governor
 determines that the petition fails to meet any of
those requirements, reject the petition and notify the contact sponsor in writing of the rejection
and the reasons for the rejection.
(2) (a) If the [
county clerk
] 
lieutenant governor
 rejects a petition under Subsection
(1)(b)(ii), the petition may be modified to correct the deficiencies for which it was rejected and
then refiled with the [
county clerk
] 
lieutenant governor
.
(b) A modified petition under Subsection (2)(a) may be filed at any time until 30 days
after the [
county clerk
] 
lieutenant governor
 notifies the contact sponsor under Subsection
(1)(b)(ii), even though the modified petition is filed after the expiration of the deadline
provided in Subsection 
10-2-109
(1).
(c) A signature on an incorporation petition under Section 
10-2-109
 may be used
toward fulfilling the signature requirement of Subsection 
10-2-109
(2)(a) for the petition as
modified under Subsection (2)(a).
(3) (a) Within 20 days of the [
county clerk's
] 
lieutenant governor's
 receipt of a
modified petition under Subsection (2)(a), the [
county clerk
] 
lieutenant governor
 shall follow
the same procedure for the modified petition as provided under Subsection (1) for an original
petition.
(b) If [
a county clerk
] 
the lieutenant governor
 rejects a modified petition under
Subsection (1)(b)(ii), no further modification of that petition may be filed.
Section 11. Section 
10-2-111
 is amended to read:
10-2-111.
Incorporation election.
(1) (a) Upon receipt of a certified petition under Subsection 
10-2-110
(1)(b)(i) or a
certified modified petition under Subsection 
10-2-110
(3), the [
county legislative body
]
lieutenant governor
 shall
:
(i)
 determine and set an election date for the incorporation election that is:
[
(i)
] (A) on a general election date under Section 
20A-1-201
[
;
] or [
(B)
] on a local
special election date under Section 
20A-1-203
; and
[
(ii)
] 
(B)
 at least 65 days after the day that the [
legislative body
] 
lieutenant governor
receives the certified petition[
.
]
; and
(ii) direct the county legislative body of the county in which the incorporation is
proposed to hold the election on the date determined by the lieutenant governor in accordance
with Subsection (1)(a)(i).
(b) The county shall hold the election as directed by the lieutenant governor in
accordance with Subsection (1)(a)(ii).
[
(b)
] 
(c)
 Unless a person is a registered voter who resides, as defined in Section
20A-1-102
, within the boundaries of the proposed city, the person may not vote on the
proposed incorporation.
(2) (a) The county clerk shall publish notice of the election:
(i) in a newspaper of general circulation within the area proposed to be incorporated at
least once a week for three successive weeks; and
(ii) in accordance with Section 
45-1-101
 for three weeks.
(b) The notice required by Subsection (2)(a) shall contain:
(i) a statement of the contents of the petition;
(ii) a description of the area proposed to be incorporated as a city;
(iii) a statement of the date and time of the election and the location of polling places;
and
(iv) the feasibility study summary under Subsection 
10-2-106
(3)(b) and a statement
that a full copy of the study is available for inspection and copying at the [
office of the county
clerk
] 
Office of the Lieutenant Governor
.
(c) The last publication of notice required under Subsection (2)(a) shall occur at least
one day but no more than seven days before the election.
(d) (i) In accordance with Subsection (2)(a)(i), if there is no newspaper of general
circulation within the proposed city, the county clerk shall post at least one notice of the
election per 1,000 population in conspicuous places within the proposed city that are most
likely to give notice of the election to the voters of the proposed city.
(ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days before
the election under Subsection (1).
(3) If a majority of those casting votes within the area boundaries of the proposed city
vote to incorporate as a city, the area shall incorporate.
Section 12. Section 
10-2-123
 is amended to read:
10-2-123.
Costs of city incorporation -- Fees established by lieutenant governor.
(1) [
Subject to Subsection (2), all costs of the
] 
(a) The lieutenant governor shall
establish a fee in accordance with Section 
63J-1-504
 for a cost incurred by the lieutenant
governor for an
 incorporation proceeding, including
:
(i) a
 request certification[
,
]
;
(ii) a
 feasibility study[
,
]
;
(iii) a
 petition certification[
,
]
;
(iv)
 publication of notices[
,
]
;
(v)
 public hearings[
, and elections, shall be paid by the county in which the proposed
city is located.
]
;
[
(2) If incorporation occurs, the new municipality shall reimburse the county for the
costs of the notices and hearing under Section 
10-2-114
, the notices and elections under
Section 
10-2-116
, and
]
(vi)
 all other incorporation activities occurring after the elections [
under Section
10-2-116
.
]
; and
(vii) any other cost incurred by the lieutenant governor in relation to an incorporation
proceeding.
(b) A cost under Subsection (1)(a) does not include a cost incurred by a county for
holding an election under Section 
10-2-111
.
(2) Subject to Subsection (3)(a), the lieutenant governor shall, by supplemental
appropriations, pay for a cost described in Subsections (1)(a)(i) through (vii).
(3) If incorporation occurs, the new city shall pay:
(a) to the lieutenant governor each fee established under Subsection (1) for each
incurred cost described in Subsections (1)(a)(i) through (vii); and
(b) the county for a cost described in Subsection (1)(b).
Section 13. Section 
10-2-125
 is amended to read:
10-2-125.
Incorporation of a town -- Petition.
(1) As used in this section:
(a) "Assessed value," with respect to agricultural land, means the value at which the
land would be assessed without regard to a valuation for agricultural use under Section
59-2-503
.
[
(c)
] 
(b)
 "Feasibility consultant" means a person or firm:
[
(b)
] 
(c)
 "Financial feasibility study" means a study described in Subsection (7).
(i) with expertise in the processes and economics of local government; and
(ii) who is independent of and not affiliated with a county or sponsor of a petition to
incorporate.
(d) "Municipal service" means a publicly provided service that is not provided on a
countywide basis.
(e) "Nonurban" means having a residential density of less than one unit per acre.
(2) (a) (i) A contiguous area of a county not within a municipality, with a population of
at least 100 but less than 1,000, may incorporate as a town as provided in this section.
(ii) An area within a county of the first class is not contiguous for purposes of
Subsection (2)(a)(i) if:
(A) the area includes a strip of land that connects geographically separate areas; and
(B) the distance between the geographically separate areas is greater than the average
width of the strip of land connecting the geographically separate areas.
(b) The population figure under Subsection (2)(a) shall be determined:
(i) as of the date the incorporation petition is filed; and
(ii) by the Utah Population Estimates Committee within 20 days after the county clerk's
certification under Subsection (6) of a petition filed under Subsection (4).
(3) (a) The process to incorporate an area as a town is initiated by filing a petition to
incorporate the area as a town with the [
clerk of the county in which the area is located
] 
Office
of the Lieutenant Governor
.
(b) A petition under Subsection (3)(a) shall:
(i) be signed by:
(A) the owners of private real property that:
(I) is located within the area proposed to be incorporated; and
(II) is equal in assessed value to more than 1/5 of the assessed value of all private real
property within the area; and
(B) 1/5 of all registered voters within the area proposed to be incorporated as a town,
according to the official voter registration list maintained by the county on the date the petition
is filed;
(ii) designate as sponsors at least five of the property owners who have signed the
petition, one of whom shall be designated as the contact sponsor, with the mailing address of
each owner signing as a sponsor;
(iii) be accompanied by and circulated with an accurate map or plat, prepared by a
licensed surveyor, showing a legal description of the boundary of the proposed town; and
(iv) substantially comply with and be circulated in the following form:
PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
town)
To the Honorable [
County Legislative Body of (insert the name of the county in which
the proposed town is located) County, Utah
] 
Lieutenant Governor
:
We, the undersigned owners of real property and registered voters within the area
described in this petition, respectfully petition the 
lieutenant governor to direct the
 county
legislative body to submit to the registered voters residing within the area described in this
petition, at the next regular general election, the question of whether the area should
incorporate as a town. Each of the undersigned affirms that each has personally signed this
petition and is an owner of real property or a registered voter residing within the described area,
and that the current residence address of each is correctly written after the signer's name. The
area proposed to be incorporated as a town is described as follows: (insert an accurate
description of the area proposed to be incorporated).
(c) A petition under this Subsection (3) may not describe an area that includes some or
all of an area proposed for annexation in an annexation petition under Section 
10-2-403
 that:
(i) was filed before the filing of the petition; and
(ii) is still pending on the date the petition is filed.
(d) A petition may not be filed under this section if the private real property owned by
the petition sponsors, designated under Subsection (3)(b)(ii), cumulatively exceeds 40% of the
total private land area within the area proposed to be incorporated as a town.
(e) A signer of a petition under this Subsection (3) may withdraw or, after withdrawn,
reinstate the signer's signature on the petition:
(i) at any time until the [
county clerk
] 
lieutenant governor
 certifies the petition under
Subsection (5); and
(ii) by filing a signed, written withdrawal or reinstatement with the [
county clerk
]
lieutenant governor
.
(4) (a) If a petition is filed under Subsection (3)(a) proposing to incorporate as a town
an area located within a county of the first class, the [
county clerk
] 
lieutenant governor
 shall
deliver written notice of the proposed incorporation:
(i) to each owner of private real property owning more than 1% of the assessed value
of all private real property within the area proposed to be incorporated as a town; and
(ii) within seven calendar days after the date on which the petition is filed.
(b) A private real property owner described in Subsection (4)(a)(i) may exclude all or
part of the owner's property from the area proposed to be incorporated as a town by filing a
notice of exclusion:
(i) with the [
county clerk
] 
lieutenant governor
; and
(ii) within 10 calendar days after receiving the clerk's notice under Subsection (4)(a).
(c) The [
county legislative body
] 
lieutenant governor
 shall exclude from the area
proposed to be incorporated as a town the property identified in the notice of exclusion under
Subsection (4)(b) if:
(i) the property:
(A) is nonurban; and
(B) does not and will not require a municipal service; and
(ii) exclusion will not leave an unincorporated island within the proposed town.
(d) If the [
county legislative body
] 
lieutenant governor
 excludes property from the area
proposed to be incorporated as a town, the [
county legislative body
] 
lieutenant governor
 shall
send written notice of the exclusion to the contact sponsor within five days after the exclusion.
(5) No later than 20 days after the filing of a petition under Subsection (3), the [
county
clerk
] 
lieutenant governor
 shall:
(a) with the assistance of other county officers 
of the county in which the incorporation
is proposed
 from whom the [
clerk
] 
lieutenant governor
 requests assistance, determine whether
the petition complies with the requirements of Subsection (3); and
(b) (i) if the [
clerk
] 
lieutenant governor
 determines that the petition complies with
those requirements:
(A) certify the petition [
and deliver the certified petition to the county legislative
body
]; and
(B) mail or deliver written notification of the certification to:
(I) the contact sponsor;
(II) if applicable, the chair of the planning commission of each township in which any
part of the area proposed for incorporation is located; and
(III) the Utah Population Estimates Committee; or
(ii) if the [
clerk
] 
lieutenant governor
 determines that the petition fails to comply with
any of those requirements, reject the petition and notify the contact sponsor in writing of the
rejection and the reasons for the rejection.
(6) (a) (i) A petition that is rejected under Subsection (5)(b)(ii) may be amended to
correct a deficiency for which it was rejected and then refiled with the [
county clerk
] 
lieutenant
governor
.
(ii) A valid signature on a petition filed under Subsection (3)(a) may be used toward
fulfilling the signature requirement of Subsection (3)(b) for the same petition that is amended
under Subsection (6)(a)(i) and then refiled with the [
county clerk
] 
lieutenant governor
.
(b) If a petition is amended and refiled under Subsection (6)(a)(i) after having been
rejected by the [
county clerk
] 
lieutenant governor
 under Subsection (5)(b)(ii):
(i) the amended petition shall be considered as a newly filed petition; and
(ii) the amended petition's processing priority is determined by the date on which it is
refiled.
(7) (a) (i) [
The legislative body of a county with which
] 
If
 a petition is filed under
Subsection (4) and certified under Subsection (6)
, the lieutenant governor
 shall commission
and pay for a financial feasibility study.
(ii) The feasibility consultant shall be chosen:
(A) (I) by the contact sponsor of the incorporation petition, as described in Subsection
(3)(b)(ii), with the consent of the [
county
] 
lieutenant governor
; or
(II) by the [
county
] 
lieutenant governor
 if the contact sponsor states, in writing, that the
sponsor defers selection of the feasibility consultant to the [
county
] 
lieutenant governor
; and
(B) in accordance with applicable [
county
] procurement procedure.
(iii) The [
county legislative body
] 
lieutenant governor
 shall require the feasibility
consultant to complete the financial feasibility study and submit written results of the study to
the [
county legislative body
] 
lieutenant governor
 no later than 30 days after the feasibility
consultant is engaged to conduct the financial feasibility study.
(b) The financial feasibility study shall consider the:
(i) population and population density within the area proposed for incorporation and
the surrounding area;
(ii) current and five-year projections of demographics and economic base in the
proposed town and surrounding area, including household size and income, commercial and
industrial development, and public facilities;
(iii) projected growth in the proposed town and in adjacent areas during the next five
years;
(iv) subject to Subsection (7)(c), the present and five-year projections of the cost,
including overhead, of governmental services in the proposed town, including:
(A) culinary water;
(B) secondary water;
(C) sewer;
(D) law enforcement;
(E) fire protection;
(F) roads and public works;
(G) garbage;
(H) weeds; and
(I) government offices;
(v) assuming the same tax categories and tax rates as currently imposed by the county
and all other current service providers, the present and five-year projected revenue for the
proposed town; and
(vi) a projection of any new taxes per household that may be levied within the
incorporated area within five years of incorporation.
(c) (i) For purposes of Subsection (7)(b)(iv), the feasibility consultant shall assume a
level and quality of governmental services to be provided to the proposed town in the future
that fairly and reasonably approximate the level and quality of governmental services being
provided to the proposed town at the time of the feasibility study.
(ii) In determining the present cost of a governmental service, the feasibility consultant
shall consider:
(A) the amount it would cost the proposed town to provide governmental service for
the first five years after incorporation; and
(B) the county's present and five-year projected cost of providing governmental
service.
(iii) The costs calculated under Subsection (7)(b)(iv), shall take into account inflation
and anticipated growth.
(d) If the five year projected revenues under Subsection (7)(b)(v) exceed the five-year
projected costs under Subsection (7)(b)(iv) by more than 10%, the feasibility consultant shall
project and report the expected annual revenue surplus to the contact sponsor and the lieutenant
governor.
(e) The lieutenant governor shall post a copy of the feasibility study on the lieutenant
governor's website and make a copy available for public review at the Office of the Lieutenant
Governor.
[
(e)
] 
(f)
 The [
county legislative body
] 
lieutenant governor
 shall approve a certified
petition proposing the incorporation of a town and hold a public hearing as provided in Section
10-2-126
.
Section 14. Section 
10-2-126
 is amended to read:
10-2-126.
Incorporation of town -- Public hearing on feasibility.
(1) If, in accordance with Section 
10-2-125
, the [
county clerk
] 
lieutenant governor
certifies a petition for incorporation or an amended petition for incorporation, the [
county
legislative body
] 
lieutenant governor
 shall, [
at its next regular meeting
] after completion of the
feasibility study, schedule a public hearing to:
(a) be held no later than 60 days after the day on which the feasibility study is
completed; and
(b) consider, in accordance with Subsection (3)(b), the feasibility of incorporation for
the proposed town.
(2) 
(a)
 The [
county legislative body
] 
lieutenant governor
 shall give notice of the public
hearing on the proposed incorporation by:
[
(a) posting notice of the public hearing on the county's Internet website, if the county
has an Internet website;
]
[
(b)
] (i) 
(A)
 publishing notice of the public hearing at least once a week for two
consecutive weeks in a newspaper of general circulation within the proposed town; or
[
(ii)
] 
(B)
 if there is no newspaper of general circulation within the proposed town,
posting notice of the public hearing in at least five conspicuous public places within the
proposed town; and
[
(c)
] 
(ii)
 publishing notice of the public hearing on the Utah Public Notice Website
created in Section 
63F-1-701
.
(b) The county in which the incorporation is proposed shall post the notice described in
Subsection (2)(a)(ii) on the county's website, if the county has an website, for at least two
consecutive weeks before the day of the public hearing.
(3) At the public hearing scheduled in accordance with Subsection (1), the [
county
legislative body
] 
lieutenant governor
 shall:
(a) (i) provide a copy of the feasibility study; and
(ii) present the results of the feasibility study to the public; and
(b) allow the public to:
(i) review the map or plat of the boundary of the proposed town;
(ii) ask questions and become informed about the proposed incorporation; and
(iii) express its views about the proposed incorporation, including their views about the
boundary of the area proposed to be incorporated.
(4) A county 
under the direction of the lieutenant governor
 may not hold an election on
the incorporation of a town in accordance with Section 
10-2-127
 if the results of the feasibility
study show that the five-year projected revenues under Subsection 
10-2-125
(7)(b)(v) exceed
the five-year projected costs under Subsection 
10-2-125
(7)(b)(iv) by more than 10%.
Section 15. Section 
10-2-127
 is amended to read:
10-2-127.
Incorporation of town -- Election to incorporate -- Ballot form.
(1) (a) Upon receipt of a certified petition [
under Subsection 
10-2-110
(1)(b)(i)
] or a
certified [
modified
] 
amended
 petition under [
Subsection 
10-2-110
(3)
] 
Section 
10-2-125
, the
[
county legislative body
] 
lieutenant governor
 shall
:
(i)
 determine and set an election date for the incorporation election that is:
[
(i)
] (A) on a general election date under Section 
20A-1-201
[
;
] or [
(B)
] on a local
special election date under Section 
20A-1-203
; and
[
(ii)
] 
(B)
 at least 65 days after the day that the legislative body receives the certified
petition[
.
]
; and
(ii) direct the county legislative body of the county in which the incorporation is
proposed to hold the election on the date determined by the lieutenant governor in accordance
with Subsection (1)(a)(i).
(b) The county shall hold the election as directed by the lieutenant governor in
accordance with Subsection (1)(a)(ii).
[
(b)
] 
(c)
 Unless a person is a registered voter who resides, as defined in Section
20A-1-102
, within the boundaries of the proposed town, the person may not vote on the
proposed incorporation.
(2) (a) The county clerk shall publish notice of the election:
(i) in a newspaper of general circulation, within the area proposed to be incorporated,
at least once a week for three successive weeks; and
(ii) in accordance with Section 
45-1-101
 for three weeks.
(b) The notice required by Subsection (2)(a) shall contain:
(i) a statement of the contents of the petition;
(ii) a description of the area proposed to be incorporated as a town;
(iii) a statement of the date and time of the election and the location of polling places;
and
(iv) the [
county
] 
lieutenant governor's
 Internet website address, if applicable, and the
address of the [
county office
] 
Office of the Lieutenant Governor
 where the feasibility study is
available for review.
(c) The last publication of notice required under Subsection (2)(a) shall occur at least
one day but no more than seven days before the election.
(d) (i) In accordance with Subsection (2)(a)(i), if there is no newspaper of general
circulation within the proposed town, the county clerk shall post at least one notice of the
election per 100 population in conspicuous places within the proposed town that are most
likely to give notice of the election to the voters of the proposed town.
(ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days before
the election under Subsection (1)(a).
(3) The ballot at the incorporation election shall pose the incorporation question
substantially as follows:
Shall the area described as (insert a description of the proposed town) be incorporated
as the town of (insert the proposed name of the proposed town)?
(4) The ballot shall provide a space for the voter to answer yes or no to the question in
Subsection (3).
(5) If a majority of those casting votes within the area boundaries of the proposed town
vote to incorporate as a town, the area shall incorporate.
Section 16. Section 
10-2-131
 is enacted to read:
 10-2-131.
Costs of town incorporation -- Fees established by lieutenant governor.
(1) (a) The lieutenant governor shall establish a fee in accordance with Section
63J-1-504
 for a cost of an incorporation proceeding, including:
(i) a request certification;
(ii) a feasibility study;
(iii) a petition certification;
(iv) publication of notices;
(v) public hearings;
(vi) all other incorporation activities occurring after the elections; and
(vii) any other cost incurred by the lieutenant govern or in relation to an incorporation
proceeding.
(b) A cost under Subsection (1)(a) does not include a cost incurred by a county for
holding an election under Section 
10-2-127
.
(2) Subject to Subsection (3)(a), the lieutenant governor shall, by supplemental
appropriations, pay for a cost described in Subsections (1)(a)(i) through (vii).
(3) If incorporation occurs, the new town shall pay:
(a) to the lieutenant governor each fee established under Subsection (1) for each
incurred cost described in Subsections (1)(a)(i) through (vii); and
(b) the county for a cost described in Subsection (1)(b).
Section 17. Section 
63I-2-210
 is amended to read:
63I-2-210.
Repeal dates -- Title 10.
(1) Subsection 
10-2-102.13
(2), the language that states ", including a township
incorporation procedure as defined in Section 
10-2-130
," is repealed July 1, 2016.
[
(1)
] 
(2)
 Section 
10-2-130
 is repealed July 1, 2016.
[
(2)
] 
(3)
 Subsection 
10-9a-305
(2) is repealed July 1, 2013.
Section 18. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, replace the references in Subsections
10-2-102.13
(1) and (2) from "this bill" to the bill's designated chapter number in the Laws of
Utah.
Legislative Review Note
 as of 1-16-15 12:56 PM
Office of Legislative Research and General Counsel