Section 201 – Title.
Effective 5/14/2019 10-2a-201. Title. This part is known as “Incorporation of a Municipality.” Amended by Chapter 165, 2019 General Session
Section 201.5 – Qualifications for incorporation.
Effective 3/16/2021 10-2a-201.5. Qualifications for incorporation. (1) (a) An area may incorporate as a town in accordance with this part if the area: (i) subject to Subsection (1)(c), is contiguous; (ii) has a population of at least 100 people, but fewer than 1,000 people; and (iii) is not already part of a municipality. (b) An […]
Section 202 – Request for feasibility study — Requirements — Limitations.
Effective 5/14/2019 10-2a-202. Request for feasibility study — Requirements — Limitations. (1) The process to incorporate a contiguous area of a county as a municipality is initiated by an individual filing a request for a feasibility study with the Office of the Lieutenant Governor that: (a) is signed by the owners of private real property […]
Section 203 – Notice to owner of property — Exclusion of property from proposed municipality.
Effective 3/16/2021 10-2a-203. Notice to owner of property — Exclusion of property from proposed municipality. (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 […]
Section 204 – Processing a request for incorporation — Certification or rejection by lieutenant governor — Processing priority — Determination by the Utah Population Committee.
Effective 5/14/2019 10-2a-204. Processing a request for incorporation — Certification or rejection by lieutenant governor — Processing priority — Determination by the Utah Population Committee. (1) Within 45 days after the day on which an individual files a request under Section 10-2a-202, the lieutenant governor shall: (a) with the assistance of other county officers of […]
Section 205 – Feasibility study — Feasibility study consultant — Qualifications for proceeding with incorporation.
Effective 5/14/2019 10-2a-205. Feasibility study — Feasibility study consultant — Qualifications for proceeding with incorporation. (1) Within 90 days after the day on which the lieutenant governor receives a request that the lieutenant governor certifies under Subsection 10-2a-204(1)(b)(i), the lieutenant governor shall engage a feasibility consultant selected, in accordance with Subsection (2), to conduct a […]
Section 206 – Modified request for feasibility study — Supplemental feasibility study.
Effective 3/16/2021 10-2a-206. Modified request for feasibility study — Supplemental feasibility study. (1) (a) The sponsors of a feasibility study request may modify the request to alter the boundaries of the proposed municipality and refile the modified request with the lieutenant governor if: (i) the results of the feasibility study do not comply with Subsection […]
Section 207 – Public hearings on feasibility study results — Exclusions of property from proposed municipality — Notice of hearings.
Effective 7/1/2021 10-2a-207. Public hearings on feasibility study results — Exclusions of property from proposed municipality — Notice of hearings. (1) As used in this section, “specified landowner” means the same as that term is defined in Section 10-2a-203. (2) If the results of the feasibility study or supplemental feasibility study comply with Subsection 10-2a-205(6)(a), […]
Section 208 – Incorporation petition — Requirements and form.
Effective 5/14/2019 10-2a-208. Incorporation petition — Requirements and form. (1) At any time within one year after the day on which the lieutenant governor completes the public hearings described in Section 10-2a-207, individuals within the proposed municipality may proceed with the incorporation process by circulating and submitting to the lieutenant governor an incorporation petition that, […]
Section 209 – Processing of petition by lieutenant governor — Certification or rejection — Petition modification.
Effective 5/14/2019 10-2a-209. Processing of petition by lieutenant governor — Certification or rejection — Petition modification. (1) Within 45 days after the day on which an incorporation petition is filed under Section 10-2a-208, the lieutenant governor shall: (a) with the assistance of other county officers of the county in which the incorporation is proposed, and […]
Section 210 – Incorporation election — Notice of election — Voter information pamphlet.
Effective 7/1/2021 10-2a-210. Incorporation election — Notice of election — Voter information pamphlet. (1) (a) If the lieutenant governor certifies a petition under Subsection 10-2a-209(1)(b), the lieutenant governor shall schedule an incorporation election for the proposed municipality described in the petition to be held on the date of the next regular general election described in […]
Section 211 – Ballot used in incorporation election.
Effective 5/14/2019 10-2a-211. Ballot used in incorporation election. (1) (a) The ballot used in an incorporation election described in Section 10-2a-210 shall pose the incorporation question substantially as follows: “Shall the area described as (insert a description of the proposed municipality) be incorporated as (insert the proposed name of the proposed municipality)?” (b) The ballot […]
Section 212 – Notification to lieutenant governor of incorporation election results.
Effective 5/14/2019 10-2a-212. Notification to lieutenant governor of incorporation election results. Within 10 days after the day on which the county conducts a canvass of the incorporation election, the county clerk shall send written notice to the lieutenant governor of: (1) the results of the election; and (2) if the incorporation measure passes, the name […]
Section 213 – Determination of number of council members — Determination of election districts — Hearings and notice.
Effective 7/1/2021 10-2a-213. Determination of number of council members — Determination of election districts — Hearings and notice. (1) If the incorporation proposal passes, the petition sponsors shall, within 60 days after the day on which the county conducts the canvass of the election under Section 10-2a-212: (a) for the incorporation of a city: (i) […]
Section 214 – Notice of number of commission or council members to be elected and of district boundaries — Declaration of candidacy for municipal office.
Effective 7/1/2021 10-2a-214. Notice of number of commission or council members to be elected and of district boundaries — Declaration of candidacy for municipal office. (1) Within 20 days after the day on which a county legislative body receives the petition sponsors’ determination under Subsection 10-2a-213(1)(b)(ii), the county clerk shall provide a notice, in accordance […]
Section 215 – Election of officers of new municipality — Primary and final election dates — County clerk duties — Candidate duties — Occupation of office.
Effective 7/1/2021 10-2a-215. Election of officers of new municipality — Primary and final election dates — County clerk duties — Candidate duties — Occupation of office. (1) For the election of municipal officers, the county legislative body shall: (a) unless a primary election is prohibited under Subsection 20A-9-404(2), hold a primary election; and (b) unless […]
Section 216 – Notification to lieutenant governor of election of municipal officers.
Effective 5/14/2019 10-2a-216. Notification to lieutenant governor of election of municipal officers. Within 10 days after the day on which the county conducts the canvass of the final election of municipal officers under Section 10-2a-215, the county clerk shall send written notice to the lieutenant governor of the name and position of each officer elected […]
Section 217 – Filing of notice and approved final local entity plat with lieutenant governor — Effective date of incorporation — Necessity of recording documents and effect of not recording.
Effective 5/14/2019 10-2a-217. Filing of notice and approved final local entity plat with lieutenant governor — Effective date of incorporation — Necessity of recording documents and effect of not recording. (1) The mayor of the future municipality shall: (a) within 30 days after the day of the canvass of the final election of municipal officers […]
Section 218 – Powers of officers-elect.
Effective 5/14/2019 10-2a-218. Powers of officers-elect. (1) After the county conducts the canvass of the final election of municipal officers under Section 10-2a-215, and until the future municipality becomes legally incorporated, the officers of the future municipality may: (a) prepare and adopt, under Chapter 6, Uniform Fiscal Procedures Act for Utah Cities, a proposed budget […]
Section 219 – Division of municipal service revenues — County may provide startup funds.
Effective 5/14/2019 10-2a-219. Division of municipal service revenues — County may provide startup funds. (1) The county in which an area incorporating under this part is located shall, until the day on which the municipality’s incorporation is effective under Section 10-2a-217, continue to: (a) levy and collect ad valorem property tax and other revenues from […]