The lieutenant governor must estimate and share the feasibility study cost, hire a qualified consultant after payment, and post the study; the process cannot continue if projected revenue does not…
“The lieutenant governor must estimate and share the feasibility study cost, hire a qualified consultant after payment, and post the study; the process cannot continue if projected revenue does not exceed projected cost by more than 5%.”
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The lieutenant governor must estimate and share the feasibility study cost, hire a qualified consultant after payment, and post the study; the process cannot continue if projected revenue does not exceed projected cost by more than 5%.
for a feasibility study for the proposed incorporation of a community council area, has expertise in the processes and economics of a municipal services district providing municipal services to an unincorporated island, as defined in
the current and projected five-year demographics and tax base within the boundaries of the proposed municipality and surrounding area, including household size and income, commercial and industrial development, and public facilities;
The lieutenant governor must post the feasibility study, and any supplemental feasibility study described in Section 10-2a-206, on the lieutenant governor’s website and make a copy available for public review at the lieutenant governor’s office.
Section 10-2a-205(7)
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Showing 50 of 50 provisions
Provision 50
Part 10-2a-2
part 10-2a-2 Incorporation of a Municipality
§ 10-2a-205Feasibility study -- Feasibility study consultant -- Qualifications for proceeding with incorporation.Provision
Source excerpt
The lieutenant governor must estimate and share the feasibility study cost, hire a qualified consultant after payment, and post the study; the process cannot continue if projected revenue does not exceed projected cost by more than 5%.
Feasibility study -- Feasibility study consultant -- Qualifications for proceeding with incorporation.
The lieutenant governor shall, within 10 days after the day on which the lieutenant governor certifies a feasibility request under Subsection 10-2a-204(5)(a) : estimate the cost of a feasibility study under this section; and provide the estimated cost to the feasibility request sponsors. The feasibility request sponsors shall pay to the lieutenant governor the amount of the estimated cost under Subsection (1)(a) of a feasibility study conducted on or after May 1, 2024. Within 90 days after the feasibility request sponsors pay the estimated feasibility study cost under Subsection (1)(a), the lieutenant governor shall, in accordance with Subsection (2), engage a feasibility consultant to conduct a feasibility study. The lieutenant governor shall: select a feasibility consultant in accordance with Title 63G, Chapter 6a, Utah Procurement Code; ensure that the feasibility consultant: has expertise in the processes and economics of local government; is independent of and not affiliated with a sponsor of the feasibility request or the county in which the proposed municipality is located; and for a feasibility study for the proposed incorporation of a community council area, has expertise in the processes and economics of a municipal services district providing municipal services to an unincorporated island, as defined in Section 10-2-814 ; and require the feasibility consultant to: submit a draft of the feasibility study to each applicable person with whom the feasibility consultant is required to consult under Subsection (3)(c) within 90 days after the day on which the lieutenant governor engages the feasibility consultant to conduct the study; allow each person to whom the consultant provides a draft under Subsection (2)(c)(i) to review and provide comment on the draft; submit a completed feasibility study, including a one-page summary of the results, to the following within 120 days after the day on which the lieutenant governor engages the feasibility consultant to conduct the feasibility study: the lieutenant governor; the county legislative body of the county in which the incorporation is proposed; the contact sponsor; and each person to whom the consultant provided a draft under Subsection (2)(c)(i); and attend the public hearings described in Section 10-2a-207 to present the feasibility study results and respond to questions from the public. The feasibility study shall include: an analysis of the population and population density within the area proposed for incorporation and the surrounding area; the current and projected five-year demographics and tax base within the boundaries of the proposed municipality and surrounding area, including household size and income, commercial and industrial development, and public facilities; subject to Subsection (3)(b), the current and five-year projected cost of providing municipal services to the proposed municipality, including administrative costs; 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 municipality; an analysis of the risks and opportunities that might affect the actual costs described in Subsection (3)(a)(iii) or revenues described in Subsection (3)(a)(iv) of the newly incorporated municipality; an analysis of new revenue sources that may be available to the newly incorporated municipality that are not available before the area incorporates, including an analysis of the amount of revenues the municipality might obtain from those revenue sources; the projected tax burden per household of any new taxes that may be levied within the proposed municipality within five years after incorporation; the fiscal impact of the municipality's incorporation on unincorporated areas, other municipalities, special districts, special service districts, and other governmental entities in the county; and if the county clerk excludes property from, or includes property in, the proposed municipality under Section 10-2a-204.5 , an update to the map and legal description described in Subsection 10-2a-202(3)(c) . In calculating the projected costs under Subsection (3)(a)(iii), the feasibility consultant shall assume the proposed municipality will provide a level and quality of municipal services that fairly and reasonably approximate the level and quality of municipal services that are provided to the area of the proposed municipality at the time the feasibility consultant conducts the feasibility study. In calculating the current cost of a municipal service under Subsection (3)(a)(iii), the feasibility consultant shall consider: the amount it would cost the proposed municipality to provide the municipal service for the first five years after the municipality's incorporation; and the current municipal service provider's present and five-year projected cost of providing the municipal service. In calculating costs under Subsection (3)(a)(iii), the feasibility consultant shall account for inflation and anticipated growth. In conducting the feasibility study, the feasibility consultant shall consult with the following before submitting a draft of the feasibility study under Subsection (2)(c)(i): if the proposed municipality will include lands owned by the United States federal government, the entity within the United States federal government that has jurisdiction over the land; if the proposed municipality will include lands owned by the state, the entity within state government that has jurisdiction over the land; each entity that provides a municipal service to a portion of the proposed municipality; and each other special service district that provides services to a portion of the proposed municipality. If the five-year projected revenues calculated under Subsection (3)(a)(iv) exceed the five-year projected costs calculated under Subsection (3)(a)(iii) by more than 5%, the feasibility consultant shall project and report the expected annual revenue surplus to the contact sponsor and the lieutenant governor. Except as provided in Subsection (5)(b), if the results of the feasibility study, or a supplemental feasibility study described in Section 10-2a-206 , show that the average annual amount of revenue calculated under Subsection (3)(a)(iv) does not exceed the average annual cost calculated under Subsection (3)(a)(iii) by more than 5%, the process to incorporate the area that is the subject of the feasibility study or supplemental feasibility study may not proceed. The process to incorporate an area described in Subsection (5)(a) may proceed if a subsequent supplemental feasibility study conducted under Section 10-2a-206 for the proposed incorporation demonstrates compliance with Subsection (5)(a). If the results of the feasibility study or revised feasibility study do not comply with Subsection (5), and if requested by the sponsors of the request, the feasibility consultant shall, as part of the feasibility study or revised feasibility study, make recommendations regarding how the boundaries of the proposed municipality may be altered to comply with Subsection (5). The lieutenant governor shall post a copy of the feasibility study, and any supplemental feasibility study described in Section 10-2a-206 , on the lieutenant governor's website and make a copy available for public review at the lieutenant governor's office.
The lieutenant governor must estimate and provide the feasibility study cost within 10 days after certifying a feasibility request, and the feasibility request sponsors must pay that estimated cost. After payment, the lieutenant governor must engage a feasibility consultant within 90 days.
The lieutenant governor shall, within 10 days after the day on which the lieutenant governor certifies a feasibility request under Subsection 10-2a-204(5)(a) : estimate the cost of a feasibility study under this section; and provide the estimated cost to the feasibility request sponsors. The feasibility request sponsors shall pay to the lieutenant governor the amount of the estimated cost under Subsection (1)(a) of a feasibility study conducted on or after May 1, 2024. Within 90 days after the feasibility request sponsors pay the estimated feasibility study cost under Subsection (1)(a), the lieutenant governor shall, in accordance with Subsection (2), engage a feasibility consultant to conduct a feasibility study.
The lieutenant governor must estimate the cost of a feasibility study and give that estimate to the feasibility request sponsors within 10 days after certifying the request under Subsection 10-2a-204(5)(a).
The lieutenant governor shall, within 10 days after the day on which the lieutenant governor certifies a feasibility request under Subsection 10-2a-204(5)(a) : estimate the cost of a feasibility study under this section; and provide the estimated cost to the feasibility request sponsors.
The feasibility request sponsors shall pay to the lieutenant governor the amount of the estimated cost under Subsection (1)(a) of a feasibility study conducted on or after May 1, 2024.
The feasibility request sponsors shall pay to the lieutenant governor the amount of the estimated cost under Subsection (1)(a) of a feasibility study conducted on or after May 1, 2024.
The lieutenant governor must engage a feasibility consultant to conduct a feasibility study within 90 days after the feasibility request sponsors pay the estimated study cost.
Within 90 days after the feasibility request sponsors pay the estimated feasibility study cost under Subsection (1)(a), the lieutenant governor shall, in accordance with Subsection (2), engage a feasibility consultant to conduct a feasibility study.
The lieutenant governor must select and oversee a feasibility consultant, and the consultant must provide drafts, a completed study, and attend public hearings.
The lieutenant governor shall: select a feasibility consultant in accordance with Title 63G, Chapter 6a, Utah Procurement Code; ensure that the feasibility consultant: has expertise in the processes and economics of local government; is independent of and not affiliated with a sponsor of the feasibility request or the county in which the proposed municipality is located; and for a feasibility study for the proposed incorporation of a community council area, has expertise in the processes and economics of a municipal services district providing municipal services to an unincorporated island, as defined in Section 10-2-814 ; and require the feasibility consultant to: submit a draft of the feasibility study to each applicable person with whom the feasibility consultant is required to consult under Subsection (3)(c) within 90 days after the day on which the lieutenant governor engages the feasibility consultant to conduct the study; allow each person to whom the consultant provides a draft under Subsection (2)(c)(i) to review and provide comment on the draft; submit a completed feasibility study, including a one-page summary of the results, to the following within 120 days after the day on which the lieutenant governor engages the feasibility consultant to conduct the feasibility study: the lieutenant governor; the county legislative body of the county in which the incorporation is proposed; the contact sponsor; and each person to whom the consultant provided a draft under Subsection (2)(c)(i); and attend the public hearings described in Section 10-2a-207 to present the feasibility study results and respond to questions from the public.
A feasibility consultant must have local government expertise and be independent from the feasibility-request sponsor and the county; for a community council area incorporation study, the consultant must also know municipal services districts serving unincorporated islands.
ensure that the feasibility consultant: has expertise in the processes and economics of local government; is independent of and not affiliated with a sponsor of the feasibility request or the county in which the proposed municipality is located; and for a feasibility study for the proposed incorporation of a community council area, has expertise in the processes and economics of a municipal services district providing municipal services to an unincorporated island, as defined in Section 10-2-814 ; and
for a feasibility study for the proposed incorporation of a community council area, has expertise in the processes and economics of a municipal services district providing municipal services to an unincorporated island, as defined in
for a feasibility study for the proposed incorporation of a community council area, has expertise in the processes and economics of a municipal services district providing municipal services to an unincorporated island, as defined in Section 10-2-814 ; and
The feasibility consultant must send a draft to required consultees within 90 days, allow review and comment, submit the completed feasibility study with a one-page summary within 120 days to listed recipients, and attend the public hearings to present results and answer questions.
require the feasibility consultant to: submit a draft of the feasibility study to each applicable person with whom the feasibility consultant is required to consult under Subsection (3)(c) within 90 days after the day on which the lieutenant governor engages the feasibility consultant to conduct the study; allow each person to whom the consultant provides a draft under Subsection (2)(c)(i) to review and provide comment on the draft; submit a completed feasibility study, including a one-page summary of the results, to the following within 120 days after the day on which the lieutenant governor engages the feasibility consultant to conduct the feasibility study: the lieutenant governor; the county legislative body of the county in which the incorporation is proposed; the contact sponsor; and each person to whom the consultant provided a draft under Subsection (2)(c)(i); and attend the public hearings described in Section 10-2a-207 to present the feasibility study results and respond to questions from the public.
The feasibility consultant must submit a draft of the feasibility study to each applicable person consulted under Subsection (3)(c) within 90 days after engagement by the lieutenant governor.
submit a draft of the feasibility study to each applicable person with whom the feasibility consultant is required to consult under Subsection (3)(c) within 90 days after the day on which the lieutenant governor engages the feasibility consultant to conduct the study;
The consultant must submit the completed feasibility study, including a one-page summary, within 120 days after the lieutenant governor engages the consultant.
submit a completed feasibility study, including a one-page summary of the results, to the following within 120 days after the day on which the lieutenant governor engages the feasibility consultant to conduct the feasibility study: the lieutenant governor; the county legislative body of the county in which the incorporation is proposed; the contact sponsor; and each person to whom the consultant provided a draft under Subsection (2)(c)(i); and
The feasibility consultant must include specified population, demographic, fiscal, service-cost, revenue, risk, tax-burden, and impact analyses in the feasibility study, and must consult listed entities before submitting a draft.
The feasibility study shall include: an analysis of the population and population density within the area proposed for incorporation and the surrounding area; the current and projected five-year demographics and tax base within the boundaries of the proposed municipality and surrounding area, including household size and income, commercial and industrial development, and public facilities; subject to Subsection (3)(b), the current and five-year projected cost of providing municipal services to the proposed municipality, including administrative costs; 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 municipality; an analysis of the risks and opportunities that might affect the actual costs described in Subsection (3)(a)(iii) or revenues described in Subsection (3)(a)(iv) of the newly incorporated municipality; an analysis of new revenue sources that may be available to the newly incorporated municipality that are not available before the area incorporates, including an analysis of the amount of revenues the municipality might obtain from those revenue sources; the projected tax burden per household of any new taxes that may be levied within the proposed municipality within five years after incorporation; the fiscal impact of the municipality's incorporation on unincorporated areas, other municipalities, special districts, special service districts, and other governmental entities in the county; and if the county clerk excludes property from, or includes property in, the proposed municipality under Section 10-2a-204.5 , an update to the map and legal description described in Subsection 10-2a-202(3)(c) . In calculating the projected costs under Subsection (3)(a)(iii), the feasibility consultant shall assume the proposed municipality will provide a level and quality of municipal services that fairly and reasonably approximate the level and quality of municipal services that are provided to the area of the proposed municipality at the time the feasibility consultant conducts the feasibility study. In calculating the current cost of a municipal service under Subsection (3)(a)(iii), the feasibility consultant shall consider: the amount it would cost the proposed municipality to provide the municipal service for the first five years after the municipality's incorporation; and the current municipal service provider's present and five-year projected cost of providing the municipal service. In calculating costs under Subsection (3)(a)(iii), the feasibility consultant shall account for inflation and anticipated growth. In conducting the feasibility study, the feasibility consultant shall consult with the following before submitting a draft of the feasibility study under Subsection (2)(c)(i): if the proposed municipality will include lands owned by the United States federal government, the entity within the United States federal government that has jurisdiction over the land; if the proposed municipality will include lands owned by the state, the entity within state government that has jurisdiction over the land; each entity that provides a municipal service to a portion of the proposed municipality; and each other special service district that provides services to a portion of the proposed municipality.
The feasibility study shall include: an analysis of the population and population density within the area proposed for incorporation and the surrounding area; the current and projected five-year demographics and tax base within the
The feasibility study shall include: an analysis of the population and population density within the area proposed for incorporation and the surrounding area; the current and projected five-year demographics and tax base within the boundaries of the proposed municipality and surrounding area, including household size and income, commercial and industrial development, and public facilities; subject to Subsection (3)(b), the current and five-year projected cost of providing municipal services to the proposed municipality, including administrative costs; 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 municipality; an analysis of the risks and opportunities that might affect the actual costs described in Subsection (3)(a)(iii) or revenues described in Subsection (3)(a)(iv) of the newly incorporated municipality; an analysis of new revenue sources that may be available to the newly incorporated municipality that are not available before the area incorporates, including an analysis of the amount of revenues the municipality might obtain from those revenue sources; the projected tax burden per household of any new taxes that may be levied within the proposed municipality within five years after incorporation; the fiscal impact of the municipality's incorporation on unincorporated areas, other municipalities, special districts, special service districts, and other governmental entities in the county; and if the county clerk excludes property from, or includes property in, the proposed municipality under Section 10-2a-204.5 , an update to the map and legal description described in Subsection 10-2a-202(3)(c) .
the current and projected five-year demographics and tax base within the boundaries of the proposed municipality and surrounding area, including household size and income, commercial and industrial development, and public facilities;
the current and projected five-year demographics and tax base within the boundaries of the proposed municipality and surrounding area, including household size and income, commercial and industrial development, and public facilities;
subject to Subsection (3)(b), the current and five-year projected cost of providing municipal services to the proposed municipality, including administrative costs;
subject to Subsection (3)(b), the current and five-year projected cost of providing municipal services to the proposed municipality, including administrative costs;
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 municipality;
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 municipality;
an analysis of the risks and opportunities that might affect the actual costs described in Subsection (3)(a)(iii) or revenues described in Subsection (3)(a)(iv) of the newly incorporated municipality;
an analysis of the risks and opportunities that might affect the actual costs described in Subsection (3)(a)(iii) or revenues described in Subsection (3)(a)(iv) of the newly incorporated municipality;
an analysis of new revenue sources that may be available to the newly incorporated municipality that are not available before the area incorporates, including an analysis of the amount of revenues the municipality might obtain from those
an analysis of new revenue sources that may be available to the newly incorporated municipality that are not available before the area incorporates, including an analysis of the amount of revenues the municipality might obtain from those revenue sources;
the fiscal impact of the municipality's incorporation on unincorporated areas, other municipalities, special districts, special service districts, and other governmental entities in the county; and
the fiscal impact of the municipality's incorporation on unincorporated areas, other municipalities, special districts, special service districts, and other governmental entities in the county; and
If the county clerk excludes or includes property under Section 10-2a-204.5, the map and legal description in Subsection 10-2a-202(3)(c) must be updated.
if the county clerk excludes property from, or includes property in, the proposed municipality under Section 10-2a-204.5 , an update to the map and legal description described in Subsection 10-2a-202(3)(c) .
The feasibility consultant must assume projected municipal services will match current service levels, consider specified cost measures, and account for inflation and anticipated growth when calculating costs.
In calculating the projected costs under Subsection (3)(a)(iii), the feasibility consultant shall assume the proposed municipality will provide a level and quality of municipal services that fairly and reasonably approximate the level and quality of municipal services that are provided to the area of the proposed municipality at the time the feasibility consultant conducts the feasibility study. In calculating the current cost of a municipal service under Subsection (3)(a)(iii), the feasibility consultant shall consider: the amount it would cost the proposed municipality to provide the municipal service for the first five years after the municipality's incorporation; and the current municipal service provider's present and five-year projected cost of providing the municipal service. In calculating costs under Subsection (3)(a)(iii), the feasibility consultant shall account for inflation and anticipated growth.
The feasibility consultant must assume a proposed municipality will provide municipal services that fairly and reasonably approximate the services currently provided to the area.
In calculating the projected costs under Subsection (3)(a)(iii), the feasibility consultant shall assume the proposed municipality will provide a level and quality of municipal services that fairly and reasonably approximate the level and quality of municipal services that are provided to the area of the proposed municipality at the time the feasibility consultant conducts the feasibility study.
When calculating the current cost of a municipal service under Subsection (3)(a)(iii), the feasibility consultant must consider the proposed municipality’s first five years of service costs and the current provider’s present and five-year projected costs.
In calculating the current cost of a municipal service under Subsection (3)(a)(iii), the feasibility consultant shall consider: the amount it would cost the proposed municipality to provide the municipal service for the first five years after the municipality's incorporation; and the current municipal service provider's present and five-year projected cost of providing the municipal service.
the amount it would cost the proposed municipality to provide the municipal service for the first five years after the municipality's incorporation; and
the amount it would cost the proposed municipality to provide the municipal service for the first five years after the municipality's incorporation; and
The feasibility consultant must consult specified government and service entities before submitting a draft feasibility study.
In conducting the feasibility study, the feasibility consultant shall consult with the following before submitting a draft of the feasibility study under Subsection (2)(c)(i): if the proposed municipality will include lands owned by the United States federal government, the entity within the United States federal government that has jurisdiction over the land; if the proposed municipality will include lands owned by the state, the entity within state government that has jurisdiction over the land; each entity that provides a municipal service to a portion of the proposed municipality; and each other special service district that provides services to a portion of the proposed municipality.
if the proposed municipality will include lands owned by the United States federal government, the entity within the United States federal government that has jurisdiction over the land;
if the proposed municipality will include lands owned by the United States federal government, the entity within the United States federal government that has jurisdiction over the land;
If projected revenues exceed projected costs by more than 5%, the feasibility consultant must project and report the expected annual revenue surplus to the contact sponsor and the lieutenant governor.
If the five-year projected revenues calculated under Subsection (3)(a)(iv) exceed the five-year projected costs calculated under Subsection (3)(a)(iii) by more than 5%, the feasibility consultant shall project and report the expected annual revenue surplus to the contact sponsor and the lieutenant governor.
If the feasibility study shows revenue is not more than 5% above cost, the incorporation process may not proceed, unless Subsection (5)(b) applies.
Except as provided in Subsection (5)(b), if the results of the feasibility study, or a supplemental feasibility study described in Section 10-2a-206 , show that the average annual amount of revenue calculated under Subsection (3)(a)(iv) does not exceed the average annual cost calculated under Subsection (3)(a)(iii) by more than 5%, the process to incorporate the area that is the subject of the feasibility study or supplemental feasibility study may not proceed. The process to incorporate an area described in Subsection (5)(a) may proceed if a subsequent supplemental feasibility study conducted under Section 10-2a-206 for the proposed incorporation demonstrates compliance with Subsection (5)(a).
The incorporation process for the area may not proceed if the feasibility study (or a supplemental feasibility study) shows revenue does not exceed cost by more than 5%, except as provided in Subsection (5)(b).
Except as provided in Subsection (5)(b), if the results of the feasibility study, or a supplemental feasibility study described in Section 10-2a-206 , show that the average annual amount of revenue calculated under Subsection (3)(a)(iv) does not exceed the average annual cost calculated under Subsection (3)(a)(iii) by more than 5%, the process to incorporate the area that is the subject of the feasibility study or supplemental feasibility study may not proceed.
The process to incorporate an area described in Subsection (5)(a) may proceed if a subsequent supplemental feasibility study conducted under Section 10-2a-206 for the proposed incorporation demonstrates compliance with Subsection (5)(a).
The process to incorporate an area described in Subsection (5)(a) may proceed if a subsequent supplemental feasibility study conducted under Section 10-2a-206 for the proposed incorporation demonstrates compliance with Subsection (5)(a).
If the study does not comply with Subsection (5) and the sponsors request it, the feasibility consultant must recommend how the proposed municipality’s boundaries may be changed to comply.
If the results of the feasibility study or revised feasibility study do not comply with Subsection (5), and if requested by the sponsors of the request, the feasibility consultant shall, as part of the feasibility study or revised feasibility study, make recommendations regarding how the boundaries of the proposed municipality may be altered to comply with Subsection (5).
The lieutenant governor must post the feasibility study, and any supplemental feasibility study described in Section 10-2a-206, on the lieutenant governor’s website and make a copy available for public review at the lieutenant governor’s office.
The lieutenant governor shall post a copy of the feasibility study, and any supplemental feasibility study described in Section 10-2a-206 , on the lieutenant governor's website and make a copy available for public review at the lieutenant governor's office.
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