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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-204.3

The county clerk must hold and notice the first public hearing for the proposed incorporation, and certain landowners may request exclusion or inclusion only within 30 days after the hearing.

Source excerpt

county clerk dutiesincorporation processlandowner petitionslocal governmentmunicipal incorporationnoticepublic hearing
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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“The county clerk must hold and notice the first public hearing for the proposed incorporation, and certain landowners may request exclusion or inclusion only within 30 days after the hearing.”

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Notice to property owners -- First public hearing.

The county clerk must hold and notice the first public hearing for the proposed incorporation, and certain landowners may request exclusion or inclusion only within 30 days after the hearing.

Section 10-2a-204.3

Subsection 10-2a-204.3(3)(d)

An owner of certain land may request that the county clerk include all or part of the land in the proposed incorporation area.

Section 10-2a-204.3(3)(d)

Subsection 10-2a-204.3(5)(b)

ensure compliance with the requirements of Title 52, Chapter 4, Open and Public Meetings Act, in relation to the public hearing.

Section 10-2a-204.3(5)(b)

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Source record from le.utah.gov · Legal dates not recorded

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Showing 24 of 24 provisions

Provision 24

Part 10-2a-2

part 10-2a-2 Incorporation of a Municipality

§ 10-2a-204.3Notice to property owners -- First public hearing.Provision

Source excerpt

The county clerk must hold and notice the first public hearing for the proposed incorporation, and certain landowners may request exclusion or inclusion only within 30 days after the hearing.

Notice to property owners -- First public hearing. The county clerk shall: hold the first public hearing in relation to the proposed incorporation, at a location approved by the lieutenant governor, no later than 30 days after the day on which the lieutenant governor certifies the feasibility request under Subsection 10-2a-204(5) ; publish notice of the hearing in accordance with Subsection 10-2a-207(7) ; and within seven calendar days after the day on which the lieutenant governor certifies the feasibility request under Subsection 10-2a-204(5) , mail written notice of the proposed incorporation and of the first public hearing described in this section to: each residence within, and each owner of real property located within: the proposed incorporation boundaries; and 300 feet of the proposed incorporation boundaries; the contact sponsor; and the lieutenant governor. The written notice provided by the county clerk under Subsections (1)(b) and (c) shall include: the following statement: "NOTICE OF PROPOSED INCORPORATION AND FIRST PUBLIC HEARING You have received this notice because you reside or own property within an area proposed for incorporation, or an area within 300 feet of an area proposed for incorporation. The first public hearing in relation to the proposed incorporation will be held on [insert date, time, and location]. The purpose of the first public hearing is to provide information regarding the proposed incorporation, the incorporation process, including the process for deciding whether to incorporate, and certain rights you may have in relation to the proposed incorporation. A specified landowner, as defined in Utah Code Section 10-2a-204.5 , may, within 30 days after the day of the public hearing, request that the county clerk exclude all or part of the specified landowner's land from the area proposed for incorporation. A specified landowner may not request exclusion after the end of the 30-day period. Any owner of land within a county where the area proposed for incorporation is located may, within 30 days after the day of the public hearing, request that the county clerk include all or part of that land in the area proposed for incorporation. An owner of land may not request inclusion after the end of the 30-day period."; and a clear description of the area proposed for incorporation. Notwithstanding that the county conducts the first public hearing, the lieutenant governor, or a designee of the lieutenant governor, shall: direct the proceedings at the first public hearing, with the assistance of the county clerk as needed; provide information regarding the proposed incorporation, the incorporation process, including the process for deciding whether to incorporate, and the rights citizens may have in relation to the proposed incorporation; describe the process by which a specified landowner may request that the county clerk exclude all or part of the specified landowner's land from the area proposed for incorporation; describe the process by which an owner of land described in Subsection 10-2a-204.5(2)(b) may request that the county clerk include all or part of that land in the area proposed for incorporation; describe the criteria for granting a request for exclusion or inclusion of land; and answer questions from individuals who attend the first public hearing. The contact sponsor, or an agent of the contact sponsor, and the county clerk, or an employee of the county clerk designated by the county clerk, shall attend the first public hearing. The county clerk shall: provide the location and equipment for the public hearing, subject to approval by the lieutenant governor; and ensure compliance with the requirements of Title 52, Chapter 4, Open and Public Meetings Act, in relation to the public hearing.
Section 10-2a-204.3Verify source
§ 10-2a-204.3(1)Subsection 10-2a-204.3(1)Provision

Source excerpt

The county clerk must hold a first public hearing on the proposed incorporation, publish notice of it, and mail written notice to specified recipients within stated time limits.

The county clerk shall: hold the first public hearing in relation to the proposed incorporation, at a location approved by the lieutenant governor, no later than 30 days after the day on which the lieutenant governor certifies the feasibility request under Subsection 10-2a-204(5) ; publish notice of the hearing in accordance with Subsection 10-2a-207(7) ; and within seven calendar days after the day on which the lieutenant governor certifies the feasibility request under Subsection 10-2a-204(5) , mail written notice of the proposed incorporation and of the first public hearing described in this section to: each residence within, and each owner of real property located within: the proposed incorporation boundaries; and 300 feet of the proposed incorporation boundaries; the contact sponsor; and the lieutenant governor.
Section 10-2a-204.3(1)Verify source
§ 10-2a-204.3(1)(a)Subsection 10-2a-204.3(1)(a)Provision

Source excerpt

The lieutenant governor must hold the first public hearing on the proposed incorporation at a location the lieutenant governor approves, no later than 30 days after certifying the feasibility request.

hold the first public hearing in relation to the proposed incorporation, at a location approved by the lieutenant governor, no later than 30 days after the day on which the lieutenant governor certifies the feasibility request under Subsection 10-2a-204(5) ;
Section 10-2a-204.3(1)(a)Verify source
§ 10-2a-204.3(1)(b)Subsection 10-2a-204.3(1)(b)Provision

Source excerpt

A person must publish notice of the hearing according to Subsection 10-2a-207(7).

publish notice of the hearing in accordance with Subsection 10-2a-207(7) ; and
Section 10-2a-204.3(1)(b)Verify source
§ 10-2a-204.3(1)(c)Subsection 10-2a-204.3(1)(c)Provision

Source excerpt

A notice must be mailed within seven calendar days after the lieutenant governor certifies the feasibility request.

within seven calendar days after the day on which the lieutenant governor certifies the feasibility request under Subsection 10-2a-204(5) , mail written notice of the proposed incorporation and of the first public hearing described in this section to: each residence within, and each owner of real property located within: the proposed incorporation boundaries; and 300 feet of the proposed incorporation boundaries; the contact sponsor; and the lieutenant governor.
Section 10-2a-204.3(1)(c)Verify source
§ 10-2a-204.3(1)(c)(i)Subsection 10-2a-204.3(1)(c)(i)Provision

Source excerpt

Applies to each residence within, each owner of real property within, the proposed incorporation boundaries, and within 300 feet of those boundaries.

each residence within, and each owner of real property located within: the proposed incorporation boundaries; and 300 feet of the proposed incorporation boundaries;
Section 10-2a-204.3(1)(c)(i)Verify source
§ 10-2a-204.3(1)(c)(i)(A)Subsection 10-2a-204.3(1)(c)(i)(A)Provision

Source excerpt

the proposed incorporation boundaries; and

the proposed incorporation boundaries; and
Section 10-2a-204.3(1)(c)(i)(A)Verify source
§ 10-2a-204.3(1)(c)(i)(B)Subsection 10-2a-204.3(1)(c)(i)(B)Provision

Source excerpt

This text states a distance of 300 feet from the proposed incorporation boundaries.

300 feet of the proposed incorporation boundaries;
Section 10-2a-204.3(1)(c)(i)(B)Verify source
§ 10-2a-204.3(1)(c)(ii)Subsection 10-2a-204.3(1)(c)(ii)Provision

Source excerpt

Refers to “the contact sponsor.”

the contact sponsor; and
Section 10-2a-204.3(1)(c)(ii)Verify source
§ 10-2a-204.3(1)(c)(iii)Subsection 10-2a-204.3(1)(c)(iii)Provision

Source excerpt

the lieutenant governor.

the lieutenant governor.
Section 10-2a-204.3(1)(c)(iii)Verify source
§ 10-2a-204.3(2)Subsection 10-2a-204.3(2)Provision

Source excerpt

The written notice provided by the county clerk under Subsections (1)(b) and (c) shall include: the following statement: "NOTICE OF PROPOSED INCORPORATION AND FIRST PUBLIC HEARING You have received this notice because you reside or own

The written notice provided by the county clerk under Subsections (1)(b) and (c) shall include: the following statement: "NOTICE OF PROPOSED INCORPORATION AND FIRST PUBLIC HEARING You have received this notice because you reside or own property within an area proposed for incorporation, or an area within 300 feet of an area proposed for incorporation. The first public hearing in relation to the proposed incorporation will be held on [insert date, time, and location]. The purpose of the first public hearing is to provide information regarding the proposed incorporation, the incorporation process, including the process for deciding whether to incorporate, and certain rights you may have in relation to the proposed incorporation. A specified landowner, as defined in Utah Code Section 10-2a-204.5 , may, within 30 days after the day of the public hearing, request that the county clerk exclude all or part of the specified landowner's land from the area proposed for incorporation. A specified landowner may not request exclusion after the end of the 30-day period. Any owner of land within a county where the area proposed for incorporation is located may, within 30 days after the day of the public hearing, request that the county clerk include all or part of that land in the area proposed for incorporation. An owner of land may not request inclusion after the end of the 30-day period."; and a clear description of the area proposed for incorporation.
Section 10-2a-204.3(2)Verify source
§ 10-2a-204.3(2)(a)Subsection 10-2a-204.3(2)(a)Provision

Source excerpt

The notice says certain landowners may, within 30 days after the public hearing, ask the county clerk to exclude or include land in the proposed incorporation area.

the following statement: "NOTICE OF PROPOSED INCORPORATION AND FIRST PUBLIC HEARING You have received this notice because you reside or own property within an area proposed for incorporation, or an area within 300 feet of an area proposed for incorporation. The first public hearing in relation to the proposed incorporation will be held on [insert date, time, and location]. The purpose of the first public hearing is to provide information regarding the proposed incorporation, the incorporation process, including the process for deciding whether to incorporate, and certain rights you may have in relation to the proposed incorporation. A specified landowner, as defined in Utah Code Section 10-2a-204.5 , may, within 30 days after the day of the public hearing, request that the county clerk exclude all or part of the specified landowner's land from the area proposed for incorporation. A specified landowner may not request exclusion after the end of the 30-day period. Any owner of land within a county where the area proposed for incorporation is located may, within 30 days after the day of the public hearing, request that the county clerk include all or part of that land in the area proposed for incorporation. An owner of land may not request inclusion after the end of the 30-day period."; and
Section 10-2a-204.3(2)(a)Verify source
§ 10-2a-204.3(2)(b)Subsection 10-2a-204.3(2)(b)Provision

Source excerpt

a clear description of the area proposed for incorporation.

a clear description of the area proposed for incorporation.
Section 10-2a-204.3(2)(b)Verify source
§ 10-2a-204.3(3)Subsection 10-2a-204.3(3)Provision

Source excerpt

The lieutenant governor, or a designee, must run the first public hearing on proposed incorporation and explain the process, land-request procedures, and criteria, and answer attendees’ questions.

Notwithstanding that the county conducts the first public hearing, the lieutenant governor, or a designee of the lieutenant governor, shall: direct the proceedings at the first public hearing, with the assistance of the county clerk as needed; provide information regarding the proposed incorporation, the incorporation process, including the process for deciding whether to incorporate, and the rights citizens may have in relation to the proposed incorporation; describe the process by which a specified landowner may request that the county clerk exclude all or part of the specified landowner's land from the area proposed for incorporation; describe the process by which an owner of land described in Subsection 10-2a-204.5(2)(b) may request that the county clerk include all or part of that land in the area proposed for incorporation; describe the criteria for granting a request for exclusion or inclusion of land; and answer questions from individuals who attend the first public hearing.
Section 10-2a-204.3(3)Verify source
§ 10-2a-204.3(3)(a)Subsection 10-2a-204.3(3)(a)Provision

Source excerpt

An office-holder must direct the proceedings at the first public hearing, with help from the county clerk if needed.

direct the proceedings at the first public hearing, with the assistance of the county clerk as needed;
Section 10-2a-204.3(3)(a)Verify source
§ 10-2a-204.3(3)(b)Subsection 10-2a-204.3(3)(b)Provision

Source excerpt

provide information regarding the proposed incorporation, the incorporation process, including the process for deciding whether to incorporate, and the rights citizens may have in relation to the proposed incorporation;

provide information regarding the proposed incorporation, the incorporation process, including the process for deciding whether to incorporate, and the rights citizens may have in relation to the proposed incorporation;
Section 10-2a-204.3(3)(b)Verify source
§ 10-2a-204.3(3)(c)Subsection 10-2a-204.3(3)(c)Provision

Source excerpt

A specified landowner may request that the county clerk exclude all or part of the landowner’s land from the area proposed for incorporation.

describe the process by which a specified landowner may request that the county clerk exclude all or part of the specified landowner's land from the area proposed for incorporation;
Section 10-2a-204.3(3)(c)Verify source
§ 10-2a-204.3(3)(d)Subsection 10-2a-204.3(3)(d)Provision

Source excerpt

An owner of certain land may request that the county clerk include all or part of the land in the proposed incorporation area.

describe the process by which an owner of land described in Subsection 10-2a-204.5(2)(b) may request that the county clerk include all or part of that land in the area proposed for incorporation;
Section 10-2a-204.3(3)(d)Verify source
§ 10-2a-204.3(3)(e)Subsection 10-2a-204.3(3)(e)Provision

Source excerpt

describe the criteria for granting a request for exclusion or inclusion of land; and

describe the criteria for granting a request for exclusion or inclusion of land; and
Section 10-2a-204.3(3)(e)Verify source
§ 10-2a-204.3(3)(f)Subsection 10-2a-204.3(3)(f)Provision

Source excerpt

answer questions from individuals who attend the first public hearing.

answer questions from individuals who attend the first public hearing.
Section 10-2a-204.3(3)(f)Verify source
§ 10-2a-204.3(4)Subsection 10-2a-204.3(4)Provision

Source excerpt

The contact sponsor (or an agent) and the county clerk (or a designated employee) must attend the first public hearing.

The contact sponsor, or an agent of the contact sponsor, and the county clerk, or an employee of the county clerk designated by the county clerk, shall attend the first public hearing.
Section 10-2a-204.3(4)Verify source
§ 10-2a-204.3(5)Subsection 10-2a-204.3(5)Provision

Source excerpt

The county clerk must provide the location and equipment for the public hearing, subject to lieutenant governor approval, and must comply with the Open and Public Meetings Act for that hearing.

The county clerk shall: provide the location and equipment for the public hearing, subject to approval by the lieutenant governor; and ensure compliance with the requirements of Title 52, Chapter 4, Open and Public Meetings Act, in relation to the public hearing.
Section 10-2a-204.3(5)Verify source
§ 10-2a-204.3(5)(a)Subsection 10-2a-204.3(5)(a)Provision

Source excerpt

Someone must provide the location and equipment for the public hearing, but only if the lieutenant governor approves.

provide the location and equipment for the public hearing, subject to approval by the lieutenant governor; and
Section 10-2a-204.3(5)(a)Verify source
§ 10-2a-204.3(5)(b)Subsection 10-2a-204.3(5)(b)Provision

Source excerpt

ensure compliance with the requirements of Title 52, Chapter 4, Open and Public Meetings Act, in relation to the public hearing.

ensure compliance with the requirements of Title 52, Chapter 4, Open and Public Meetings Act, in relation to the public hearing.
Section 10-2a-204.3(5)(b)Verify source

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