United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-102

This section defines terms used in the chapter, including community council area, community council municipality, contact sponsor, contiguous, feasibility consultant, feasibility request, municipal service, municipal…

Source excerpt

constructioncounty taxesfeasibility requestsfeasibility studyincorporation procedureland boundariesland uselocal governmentlocal streets and roadsmaintenancemunicipal incorporationmunicipal servicespetition signaturespropertyproperty valuationreal propertyreal property ownershiprepresentative signingtaxationweed control

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“This section defines terms used in the chapter, including community council area, community council municipality, contact sponsor, contiguous, feasibility consultant, feasibility request, municipal service, municipal services district, and private real property.”

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Definitions.

Section 10-2a-102

Subsection 10-2a-102(1)(f)

“Feasibility request” means a request for a feasibility study for the proposed incorporation of a municipality, as described in Section 10-2a-202.

Section 10-2a-102(1)(f)

Subsection 10-2a-102(1)(g)(i)(I)

curb, gutter, and sidewalk maintenance;

Section 10-2a-102(1)(g)(i)(I)

Subsection 10-2a-102(1)(i)

For real property, “private” means taxable property.

Section 10-2a-102(1)(i)

Subsection 10-2a-102(3)(c)

Subject to Subsection (3)(b), a duly appointed personal representative may sign a feasibility request or a petition for incorporation for a deceased owner.

Section 10-2a-102(3)(c)

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Showing 44 of 44 provisions

Provision 43Interpretation

Part 10-2a-1

part 10-2a-1 General Provisions

§ 10-2a-102Definitions.Interpretation

Source excerpt

Definitions. As used in this chapter: "Community council area" means the cumulative areas within the geographic boundary of a community council that is formally recognized by a county of the first class pursuant to county ordinance. "Community council municipality" means a municipality that results from the incorporation of unincorporated islands within a community council area. "Contact sponsor" means the person designated in the feasibility request as the contact sponsor under Subsection 10-2a-202(3)(b) . "Contiguous" means, except as provided in Subsection (1)(d)(ii), the same as that term is defined in Section 10-1-104 . "Contiguous" does not include a circumstance where: two areas of land are only connected by a strip of land between geographically separate areas; and the distance between the geographically separate areas described in Subsection (1)(d)(ii)(A) is greater than the average width of the strip of land connecting the geographically separate areas. "Feasibility consultant" means a person or firm with the qualifications and expertise described in Subsection 10-2a-205(2)(b) . "Feasibility request" means a request, described in Section 10-2a-202 , for a feasibility study for the proposed incorporation of a municipality. "Municipal service" means any of the following that are publicly provided: culinary water; secondary water; sewer service; storm drainage or flood control; recreational facilities or parks; electrical power generation or distribution; construction or maintenance of local streets and roads; street lighting; curb, gutter, and sidewalk maintenance; law or code enforcement service; fire protection service; animal services; planning and zoning; building permits and inspections; refuse collection; or weed control. "Municipal service" includes the physical facilities required to provide a service described in Subsection (1)(g)(i). "Municipal services district" means a special district created under Title 17B, Chapter 2a, Part 11, Municipal Services District Act. "Private," with respect to real property, means taxable property. For purposes of this part: the owner of real property shall be the record title owner according to the records of the county recorder on the date of the filing of the feasibility request or petition for incorporation; and the assessed fair market value of private real property shall be determined according to the last assessment roll for county taxes before the filing of the feasibility request or petition for incorporation. For purposes of each provision of this part that requires the owners of private real property covering a percentage or fraction of the total private land area within an area to sign a feasibility request or a petition for incorporation: a parcel of real property may not be included in the calculation of the required percentage or fraction unless the feasibility request or petition for incorporation is signed by: except as provided in Subsection (3)(a)(ii), owners representing a majority ownership interest in that parcel; or if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that parcel; the signature of a person signing a feasibility request or a petition for incorporation in a representative capacity on behalf of an owner is invalid unless: the person's representative capacity and the name of the owner the person represents are indicated on the feasibility request or petition for incorporation with the person's signature; and the person provides documentation accompanying the feasibility request or petition for incorporation that substantiates the person's representative capacity; and subject to Subsection (3)(b), a duly appointed personal representative may sign a feasibility request or a petition for incorporation on behalf of a deceased owner.

Section 10-2a-102Verify source

§ 10-2a-102(1)Subsection 10-2a-102(1)Provision

Source excerpt

This subsection defines several terms used in the chapter, including community council area, community council municipality, contact sponsor, contiguous, feasibility consultant, feasibility request, municipal service, municipal services district, and private.

As used in this chapter: "Community council area" means the cumulative areas within the geographic boundary of a community council that is formally recognized by a county of the first class pursuant to county ordinance. "Community council municipality" means a municipality that results from the incorporation of unincorporated islands within a community council area. "Contact sponsor" means the person designated in the feasibility request as the contact sponsor under Subsection 10-2a-202(3)(b) . "Contiguous" means, except as provided in Subsection (1)(d)(ii), the same as that term is defined in Section 10-1-104 . "Contiguous" does not include a circumstance where: two areas of land are only connected by a strip of land between geographically separate areas; and the distance between the geographically separate areas described in Subsection (1)(d)(ii)(A) is greater than the average width of the strip of land connecting the geographically separate areas. "Feasibility consultant" means a person or firm with the qualifications and expertise described in Subsection 10-2a-205(2)(b) . "Feasibility request" means a request, described in Section 10-2a-202 , for a feasibility study for the proposed incorporation of a municipality. "Municipal service" means any of the following that are publicly provided: culinary water; secondary water; sewer service; storm drainage or flood control; recreational facilities or parks; electrical power generation or distribution; construction or maintenance of local streets and roads; street lighting; curb, gutter, and sidewalk maintenance; law or code enforcement service; fire protection service; animal services; planning and zoning; building permits and inspections; refuse collection; or weed control. "Municipal service" includes the physical facilities required to provide a service described in Subsection (1)(g)(i). "Municipal services district" means a special district created under Title 17B, Chapter 2a, Part 11, Municipal Services District Act. "Private," with respect to real property, means taxable property.

Section 10-2a-102(1)Verify source

§ 10-2a-102(1)(a)Subsection 10-2a-102(1)(a)Provision

Source excerpt

“Community council area” means the cumulative areas within the boundary of a community council recognized by a county of the first class under county ordinance.

"Community council area" means the cumulative areas within the geographic boundary of a community council that is formally recognized by a county of the first class pursuant to county ordinance.

Section 10-2a-102(1)(a)Verify source

§ 10-2a-102(1)(b)Subsection 10-2a-102(1)(b)Provision

Source excerpt

“Community council municipality” means a municipality formed by incorporating unincorporated islands within a community council area.

"Community council municipality" means a municipality that results from the incorporation of unincorporated islands within a community council area.

Section 10-2a-102(1)(b)Verify source

§ 10-2a-102(1)(c)Subsection 10-2a-102(1)(c)Provision

Source excerpt

“Contact sponsor” means the person designated in the feasibility request as the contact sponsor under Subsection 10-2a-202(3)(b).

"Contact sponsor" means the person designated in the feasibility request as the contact sponsor under Subsection 10-2a-202(3)(b) .

Section 10-2a-102(1)(c)Verify source

§ 10-2a-102(1)(d)Subsection 10-2a-102(1)(d)Provision

Source excerpt

Defines “contiguous” and excludes a specific narrow land-connection situation.

"Contiguous" means, except as provided in Subsection (1)(d)(ii), the same as that term is defined in Section 10-1-104 . "Contiguous" does not include a circumstance where: two areas of land are only connected by a strip of land between geographically separate areas; and the distance between the geographically separate areas described in Subsection (1)(d)(ii)(A) is greater than the average width of the strip of land connecting the geographically separate areas.

Section 10-2a-102(1)(d)Verify source

§ 10-2a-102(1)(d)(i)Subsection 10-2a-102(1)(d)(i)Provision

Source excerpt

“Contiguous” is defined by cross-reference to Section 10-1-104, except as provided in Subsection (1)(d)(ii).

"Contiguous" means, except as provided in Subsection (1)(d)(ii), the same as that term is defined in Section 10-1-104 .

Section 10-2a-102(1)(d)(i)Verify source

§ 10-2a-102(1)(d)(ii)Subsection 10-2a-102(1)(d)(ii)Provision

Source excerpt

"Contiguous" does not include land parcels connected only by a strip of land when the separated areas are farther apart than the strip is wide on average.

"Contiguous" does not include a circumstance where: two areas of land are only connected by a strip of land between geographically separate areas; and the distance between the geographically separate areas described in Subsection (1)(d)(ii)(A) is greater than the average width of the strip of land connecting the geographically separate areas.

Section 10-2a-102(1)(d)(ii)Verify source

§ 10-2a-102(1)(d)(ii)(A)Subsection 10-2a-102(1)(d)(ii)(A)Provision

Source excerpt

two areas of land are only connected by a strip of land between geographically separate areas; and

Section 10-2a-102(1)(d)(ii)(A)Verify source

§ 10-2a-102(1)(d)(ii)(B)Subsection 10-2a-102(1)(d)(ii)(B)Provision

Source excerpt

The distance between the separately located areas must be greater than the average width of the connecting strip of land.

the distance between the geographically separate areas described in Subsection (1)(d)(ii)(A) is greater than the average width of the strip of land connecting the geographically separate areas.

Section 10-2a-102(1)(d)(ii)(B)Verify source

§ 10-2a-102(1)(e)Subsection 10-2a-102(1)(e)Provision

Source excerpt

"Feasibility consultant" means a person or firm with the qualifications and expertise described in Subsection 10-2a-205(2)(b) .

Section 10-2a-102(1)(e)Verify source

§ 10-2a-102(1)(f)Subsection 10-2a-102(1)(f)Provision

Source excerpt

“Feasibility request” means a request for a feasibility study for the proposed incorporation of a municipality, as described in Section 10-2a-202.

"Feasibility request" means a request, described in Section 10-2a-202 , for a feasibility study for the proposed incorporation of a municipality.

Section 10-2a-102(1)(f)Verify source

§ 10-2a-102(1)(g)Subsection 10-2a-102(1)(g)Provision

Source excerpt

"Municipal service" means certain publicly provided services, and also includes the facilities needed to provide those services.

"Municipal service" means any of the following that are publicly provided: culinary water; secondary water; sewer service; storm drainage or flood control; recreational facilities or parks; electrical power generation or distribution; construction or maintenance of local streets and roads; street lighting; curb, gutter, and sidewalk maintenance; law or code enforcement service; fire protection service; animal services; planning and zoning; building permits and inspections; refuse collection; or weed control. "Municipal service" includes the physical facilities required to provide a service described in Subsection (1)(g)(i).

Section 10-2a-102(1)(g)Verify source

§ 10-2a-102(1)(g)(i)Subsection 10-2a-102(1)(g)(i)Provision

Source excerpt

"Municipal service" means publicly provided services such as water, sewer, roads, lighting, code enforcement, fire protection, planning and zoning, permits and inspections, refuse collection, and weed control.

Section 10-2a-102(1)(g)(i)Verify source

§ 10-2a-102(1)(g)(i)(A)Subsection 10-2a-102(1)(g)(i)(A)Provision

Source excerpt

culinary water;

Section 10-2a-102(1)(g)(i)(A)Verify source

§ 10-2a-102(1)(g)(i)(B)Subsection 10-2a-102(1)(g)(i)(B)Provision

Source excerpt

secondary water;

Section 10-2a-102(1)(g)(i)(B)Verify source

§ 10-2a-102(1)(g)(i)(C)Subsection 10-2a-102(1)(g)(i)(C)Provision

Source excerpt

sewer service;

Section 10-2a-102(1)(g)(i)(C)Verify source

§ 10-2a-102(1)(g)(i)(D)Subsection 10-2a-102(1)(g)(i)(D)Provision

Source excerpt

storm drainage or flood control;

Section 10-2a-102(1)(g)(i)(D)Verify source

§ 10-2a-102(1)(g)(i)(E)Subsection 10-2a-102(1)(g)(i)(E)Provision

Source excerpt

recreational facilities or parks;

Section 10-2a-102(1)(g)(i)(E)Verify source

§ 10-2a-102(1)(g)(i)(F)Subsection 10-2a-102(1)(g)(i)(F)Provision

Source excerpt

electrical power generation or distribution;

Section 10-2a-102(1)(g)(i)(F)Verify source

§ 10-2a-102(1)(g)(i)(G)Subsection 10-2a-102(1)(g)(i)(G)Provision

Source excerpt

construction or maintenance of local streets and roads;

Section 10-2a-102(1)(g)(i)(G)Verify source

§ 10-2a-102(1)(g)(i)(H)Subsection 10-2a-102(1)(g)(i)(H)Provision

Source excerpt

street lighting;

Section 10-2a-102(1)(g)(i)(H)Verify source

§ 10-2a-102(1)(g)(i)(I)Subsection 10-2a-102(1)(g)(i)(I)Provision

Source excerpt

curb, gutter, and sidewalk maintenance;

Section 10-2a-102(1)(g)(i)(I)Verify source

§ 10-2a-102(1)(g)(i)(J)Subsection 10-2a-102(1)(g)(i)(J)Provision

Source excerpt

Refers to a law or code enforcement service.

law or code enforcement service;

Section 10-2a-102(1)(g)(i)(J)Verify source

§ 10-2a-102(1)(g)(i)(K)Subsection 10-2a-102(1)(g)(i)(K)Provision

Source excerpt

fire protection service;

Section 10-2a-102(1)(g)(i)(K)Verify source

§ 10-2a-102(1)(g)(i)(L)Subsection 10-2a-102(1)(g)(i)(L)Provision

Source excerpt

animal services;

Section 10-2a-102(1)(g)(i)(L)Verify source

§ 10-2a-102(1)(g)(i)(M)Subsection 10-2a-102(1)(g)(i)(M)Provision

Source excerpt

planning and zoning;

Section 10-2a-102(1)(g)(i)(M)Verify source

§ 10-2a-102(1)(g)(i)(N)Subsection 10-2a-102(1)(g)(i)(N)Provision

Source excerpt

building permits and inspections;

Section 10-2a-102(1)(g)(i)(N)Verify source

§ 10-2a-102(1)(g)(i)(O)Subsection 10-2a-102(1)(g)(i)(O)Provision

Source excerpt

refuse collection; or

Section 10-2a-102(1)(g)(i)(O)Verify source

§ 10-2a-102(1)(g)(i)(P)Subsection 10-2a-102(1)(g)(i)(P)Provision

Source excerpt

weed control.

Section 10-2a-102(1)(g)(i)(P)Verify source

§ 10-2a-102(1)(g)(ii)Subsection 10-2a-102(1)(g)(ii)Provision

Source excerpt

"Municipal service" includes the physical facilities required to provide a service described in Subsection (1)(g)(i).

Section 10-2a-102(1)(g)(ii)Verify source

§ 10-2a-102(1)(h)Subsection 10-2a-102(1)(h)Provision

Source excerpt

“Municipal services district” means a special district created under the Municipal Services District Act.

"Municipal services district" means a special district created under Title 17B, Chapter 2a, Part 11, Municipal Services District Act.

Section 10-2a-102(1)(h)Verify source

§ 10-2a-102(1)(i)Subsection 10-2a-102(1)(i)Provision

Source excerpt

For real property, “private” means taxable property.

"Private," with respect to real property, means taxable property.

Section 10-2a-102(1)(i)Verify source

§ 10-2a-102(2)Subsection 10-2a-102(2)Provision

Source excerpt

For this part, the owner of real property is the county recorder’s record title owner as of the filing date, and assessed fair market value is determined from the last county tax assessment roll before filing.

For purposes of this part: the owner of real property shall be the record title owner according to the records of the county recorder on the date of the filing of the feasibility request or petition for incorporation; and the assessed fair market value of private real property shall be determined according to the last assessment roll for county taxes before the filing of the feasibility request or petition for incorporation.

Section 10-2a-102(2)Verify source

§ 10-2a-102(2)(a)Subsection 10-2a-102(2)(a)Provision

Source excerpt

The owner of real property is treated as the record title owner, based on county recorder records, on the filing date of a feasibility request or incorporation petition.

the owner of real property shall be the record title owner according to the records of the county recorder on the date of the filing of the feasibility request or petition for incorporation; and

Section 10-2a-102(2)(a)Verify source

§ 10-2a-102(2)(b)Subsection 10-2a-102(2)(b)Provision

Source excerpt

the assessed fair market value of private real property shall be determined according to the last assessment roll for county taxes before the filing of the feasibility request or petition for incorporation.

Section 10-2a-102(2)(b)Verify source

§ 10-2a-102(3)Subsection 10-2a-102(3)Provision

Source excerpt

For certain incorporation-related requests, a parcel counts only if the required owners sign; representative signatures are invalid unless the signer’s authority and the owner’s name are shown and supporting documentation is attached.

For purposes of each provision of this part that requires the owners of private real property covering a percentage or fraction of the total private land area within an area to sign a feasibility request or a petition for incorporation: a parcel of real property may not be included in the calculation of the required percentage or fraction unless the feasibility request or petition for incorporation is signed by: except as provided in Subsection (3)(a)(ii), owners representing a majority ownership interest in that parcel; or if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that parcel; the signature of a person signing a feasibility request or a petition for incorporation in a representative capacity on behalf of an owner is invalid unless: the person's representative capacity and the name of the owner the person represents are indicated on the feasibility request or petition for incorporation with the person's signature; and the person provides documentation accompanying the feasibility request or petition for incorporation that substantiates the person's representative capacity; and subject to Subsection (3)(b), a duly appointed personal representative may sign a feasibility request or a petition for incorporation on behalf of a deceased owner.

Section 10-2a-102(3)Verify source

§ 10-2a-102(3)(a)Subsection 10-2a-102(3)(a)Provision

Source excerpt

A parcel of real property may not be counted unless the required signature condition is met.

a parcel of real property may not be included in the calculation of the required percentage or fraction unless the feasibility request or petition for incorporation is signed by: except as provided in Subsection (3)(a)(ii), owners representing a majority ownership interest in that parcel; or if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that parcel;

Section 10-2a-102(3)(a)Verify source

§ 10-2a-102(3)(a)(i)Subsection 10-2a-102(3)(a)(i)Provision

Source excerpt

Except as provided in Subsection (3)(a)(ii), the relevant group is owners representing a majority ownership interest in the parcel.

except as provided in Subsection (3)(a)(ii), owners representing a majority ownership interest in that parcel; or

Section 10-2a-102(3)(a)(i)Verify source

§ 10-2a-102(3)(a)(ii)Subsection 10-2a-102(3)(a)(ii)Provision

Source excerpt

If the parcel is owned by joint tenants or tenants by the entirety, the amount is 50% of the number of owners of that parcel.

if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that parcel;

Section 10-2a-102(3)(a)(ii)Verify source

§ 10-2a-102(3)(b)Subsection 10-2a-102(3)(b)Provision

Source excerpt

the signature of a person signing a feasibility request or a petition for incorporation in a representative capacity on behalf of an owner is invalid unless: the person's representative capacity and the name of the owner the person represents are indicated on the feasibility request or petition for incorporation with the person's signature; and the person provides documentation accompanying the feasibility request or petition for incorporation that substantiates the person's representative capacity; and

Section 10-2a-102(3)(b)Verify source

§ 10-2a-102(3)(b)(i)Subsection 10-2a-102(3)(b)(i)Provision

Source excerpt

The person's representative capacity and the owner’s name must be indicated on the feasibility request or incorporation petition, with the person's signature.

the person's representative capacity and the name of the owner the person represents are indicated on the feasibility request or petition for incorporation with the person's signature; and

Section 10-2a-102(3)(b)(i)Verify source

§ 10-2a-102(3)(b)(ii)Subsection 10-2a-102(3)(b)(ii)Provision

Source excerpt

The person must provide documentation with the feasibility request or petition for incorporation that shows the person's representative capacity.

the person provides documentation accompanying the feasibility request or petition for incorporation that substantiates the person's representative capacity; and

Section 10-2a-102(3)(b)(ii)Verify source

§ 10-2a-102(3)(c)Subsection 10-2a-102(3)(c)Provision

Source excerpt

Subject to Subsection (3)(b), a duly appointed personal representative may sign a feasibility request or a petition for incorporation for a deceased owner.

subject to Subsection (3)(b), a duly appointed personal representative may sign a feasibility request or a petition for incorporation on behalf of a deceased owner.

Section 10-2a-102(3)(c)Verify source

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Utah Code § 10-2a-102

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