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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-207

The county clerk must hold and notice additional public hearings on feasibility study results, with specific timing, location, and content requirements, and cannot hold the second hearing in certain annexation…

Source excerpt

annexationcounty administrationfeasibility studiesfeasibility studyhearing schedulinginspection accessmunicipal feasibilitymunicipal incorporationmunicipal noticepublic hearingpublic inspectionpublic noticepublic recordswebsite publication
Jurisdiction
United States — Utah
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In force
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“The county clerk must hold and notice additional public hearings on feasibility study results, with specific timing, location, and content requirements, and cannot hold the second hearing in certain annexation circumstances unless stated conditions are met.”

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Subsection 10-2a-207(3)(b)(ii)

adopts an ordinance approving the annexation of an area that is part of the area proposed for incorporation under Section 10-2-812 .

Section 10-2a-207(3)(b)(ii)

Subsection 10-2a-207(5)(b)(ii)

at a location approved by the lieutenant governor within or near the proposed municipality;

Section 10-2a-207(5)(b)(ii)

Subsection 10-2a-207(7)

The county clerk must publish notice of each required public hearing for the proposed municipality as a class B notice.

Section 10-2a-207(7)

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Showing 36 of 36 provisions

Provision 35Interpretation

Part 10-2a-2

part 10-2a-2 Incorporation of a Municipality

§ 10-2a-207Additional public hearings on feasibility study results -- Notice of hearings.Provision

Source excerpt

The county clerk must hold and notice additional public hearings on feasibility study results, with specific timing, location, and content requirements, and cannot hold the second hearing in certain annexation circumstances unless stated conditions are met.

Additional public hearings on feasibility study results -- Notice of hearings. As used in this section, "specified landowner" means the same as that term is defined in Section 10-2a-204.5 . If the results of the feasibility study or supplemental feasibility study comply with Subsection 10-2a-205(5)(a) , the county clerk shall, after receipt of the results of the feasibility study or supplemental feasibility study, conduct additional public hearings in accordance with this section. If an area proposed for incorporation is approved for annexation after the feasibility study or supplemental feasibility study is conducted but before the county clerk conducts the second public hearing under Subsection (4) , the county clerk may not conduct the second public hearing under Subsection (4) unless: the sponsors of the feasibility study file a modified feasibility request in accordance with Section 10-2a-206 ; and the results of the supplemental feasibility study comply with Subsection 10-2a-205(5)(a) . For purposes of Subsection (3)(a) , an area is approved for annexation if a municipal legislative body: approves an annexation petition proposing the annexation of an area that is part of the area proposed for incorporation under Section 10-2-810 or 10-2-811 ; or adopts an ordinance approving the annexation of an area that is part of the area proposed for incorporation under Section 10-2-812 . The county clerk shall conduct the second public hearing: within 60 days after the day on which the county clerk receives the results under Subsection (2) or (3)(a)(ii) ; at a location approved by the lieutenant governor within or near the proposed municipality; and to allow the feasibility consultant to present the results of the feasibility study and inform the public about the results. The county clerk shall: conduct an additional public hearing following each occasion when, after the day of the second public hearing, the county clerk receives the results of a supplemental feasibility study that comply with Subsection 10-2a-205(5) ; and hold the public hearing described in Subsection (5)(a) : within 30 days after the day on which the county clerk receives the results of the supplemental feasibility study; at a location approved by the lieutenant governor within or near the proposed municipality; to inform the public that the feasibility presented to the public at the preceding public hearing does not apply; and to allow the feasibility consultant to present the results of the supplemental feasibility study and inform the public about the results. At each public hearing required under this section, the county clerk shall: provide a map or plat of the boundary of the proposed municipality; provide a copy of the applicable feasibility study for public review; allow members of the public to express views about the proposed incorporation, including views about the proposed boundaries; and allow the public to ask the feasibility consultant questions about the applicable feasibility study. The county clerk shall publish notice of each public hearing required under this section, and Section 10-2a-204.3 , for the proposed municipality, as a class B notice under Section 63G-30-102 , for at least three weeks before the day of the public hearing. Except as provided in Subsection (8)(b) , for a hearing described in this section, the notice described in Subsection (7) shall: include the feasibility study summary described in Subsection 10-2a-205(2)(c)(iii) ; and indicate that a full copy of the feasibility study is available on the county's website and for inspection at the county clerk's office. Instead of publishing the feasibility summary under Subsection (8)(a)(i) , the county clerk may publish a statement that specifies the following sources where a resident within, or the owner of real property located within, the proposed municipality, may view or obtain a copy of the feasibility study: the lieutenant governor's website; the county's website; the physical address of the county clerk's office; and a mailing address and telephone number.
Section 10-2a-207Verify source
§ 10-2a-207(1)Subsection 10-2a-207(1)Interpretation

Source excerpt

This section defines “specified landowner” by referring to the definition in Section 10-2a-204.5.

As used in this section, "specified landowner" means the same as that term is defined in Section 10-2a-204.5 .
Section 10-2a-207(1)Verify source
§ 10-2a-207(2)Subsection 10-2a-207(2)Provision

Source excerpt

If the study results comply with Subsection 10-2a-205(5)(a), the county clerk must conduct additional public hearings after receiving the results.

If the results of the feasibility study or supplemental feasibility study comply with Subsection 10-2a-205(5)(a) , the county clerk shall, after receipt of the results of the feasibility study or supplemental feasibility study, conduct additional public hearings in accordance with this section.
Section 10-2a-207(2)Verify source
§ 10-2a-207(3)Subsection 10-2a-207(3)Provision

Source excerpt

The county clerk may not hold the second public hearing unless the feasibility-study sponsors file a modified feasibility request and the supplemental feasibility study meets the cited requirement.

If an area proposed for incorporation is approved for annexation after the feasibility study or supplemental feasibility study is conducted but before the county clerk conducts the second public hearing under Subsection (4) , the county clerk may not conduct the second public hearing under Subsection (4) unless: the sponsors of the feasibility study file a modified feasibility request in accordance with Section 10-2a-206 ; and the results of the supplemental feasibility study comply with Subsection 10-2a-205(5)(a) . For purposes of Subsection (3)(a) , an area is approved for annexation if a municipal legislative body: approves an annexation petition proposing the annexation of an area that is part of the area proposed for incorporation under Section 10-2-810 or 10-2-811 ; or adopts an ordinance approving the annexation of an area that is part of the area proposed for incorporation under Section 10-2-812 .
Section 10-2a-207(3)Verify source
§ 10-2a-207(3)(a)Subsection 10-2a-207(3)(a)Provision

Source excerpt

The county clerk may not hold the second public hearing unless the feasibility-study sponsors file a modified feasibility request and the supplemental feasibility study complies with the cited subsection.

If an area proposed for incorporation is approved for annexation after the feasibility study or supplemental feasibility study is conducted but before the county clerk conducts the second public hearing under Subsection (4) , the county clerk may not conduct the second public hearing under Subsection (4) unless: the sponsors of the feasibility study file a modified feasibility request in accordance with Section 10-2a-206 ; and the results of the supplemental feasibility study comply with Subsection 10-2a-205(5)(a) .
Section 10-2a-207(3)(a)Verify source
§ 10-2a-207(3)(a)(i)Subsection 10-2a-207(3)(a)(i)Provision

Source excerpt

the sponsors of the feasibility study file a modified feasibility request in accordance with Section 10-2a-206 ; and

the sponsors of the feasibility study file a modified feasibility request in accordance with Section 10-2a-206 ; and
Section 10-2a-207(3)(a)(i)Verify source
§ 10-2a-207(3)(a)(ii)Subsection 10-2a-207(3)(a)(ii)Provision

Source excerpt

the results of the supplemental feasibility study comply with Subsection 10-2a-205(5)(a) .

the results of the supplemental feasibility study comply with Subsection 10-2a-205(5)(a) .
Section 10-2a-207(3)(a)(ii)Verify source
§ 10-2a-207(3)(b)Subsection 10-2a-207(3)(b)Provision

Source excerpt

A municipal legislative body may approve certain annexation actions for areas tied to incorporation proposals.

For purposes of Subsection (3)(a) , an area is approved for annexation if a municipal legislative body: approves an annexation petition proposing the annexation of an area that is part of the area proposed for incorporation under Section 10-2-810 or 10-2-811 ; or adopts an ordinance approving the annexation of an area that is part of the area proposed for incorporation under Section 10-2-812 .
Section 10-2a-207(3)(b)Verify source
§ 10-2a-207(3)(b)(i)Subsection 10-2a-207(3)(b)(i)Provision

Source excerpt

approves an annexation petition proposing the annexation of an area that is part of the area proposed for incorporation under Section 10-2-810 or 10-2-811 ; or

approves an annexation petition proposing the annexation of an area that is part of the area proposed for incorporation under Section 10-2-810 or 10-2-811 ; or
Section 10-2a-207(3)(b)(i)Verify source
§ 10-2a-207(3)(b)(ii)Subsection 10-2a-207(3)(b)(ii)Provision

Source excerpt

adopts an ordinance approving the annexation of an area that is part of the area proposed for incorporation under Section 10-2-812 .

adopts an ordinance approving the annexation of an area that is part of the area proposed for incorporation under Section 10-2-812 .
Section 10-2a-207(3)(b)(ii)Verify source
§ 10-2a-207(4)Subsection 10-2a-207(4)Provision

Source excerpt

The county clerk must hold the second public hearing within 60 days after receiving the results, at a lieutenant governor–approved location within or near the proposed municipality.

The county clerk shall conduct the second public hearing: within 60 days after the day on which the county clerk receives the results under Subsection (2) or (3)(a)(ii) ; at a location approved by the lieutenant governor within or near the proposed municipality; and to allow the feasibility consultant to present the results of the feasibility study and inform the public about the results.
Section 10-2a-207(4)Verify source
§ 10-2a-207(4)(a)Subsection 10-2a-207(4)(a)Provision

Source excerpt

A 60-day period runs after the county clerk receives the results under Subsection (2) or (3)(a)(ii).

within 60 days after the day on which the county clerk receives the results under Subsection (2) or (3)(a)(ii) ;
Section 10-2a-207(4)(a)Verify source
§ 10-2a-207(4)(b)Subsection 10-2a-207(4)(b)Provision

Source excerpt

at a location approved by the lieutenant governor within or near the proposed municipality; and

at a location approved by the lieutenant governor within or near the proposed municipality; and
Section 10-2a-207(4)(b)Verify source
§ 10-2a-207(4)(c)Subsection 10-2a-207(4)(c)Provision

Source excerpt

to allow the feasibility consultant to present the results of the feasibility study and inform the public about the results.

to allow the feasibility consultant to present the results of the feasibility study and inform the public about the results.
Section 10-2a-207(4)(c)Verify source
§ 10-2a-207(5)Subsection 10-2a-207(5)Provision

Source excerpt

The county clerk must hold an additional public hearing after receiving qualifying supplemental feasibility study results.

The county clerk shall: conduct an additional public hearing following each occasion when, after the day of the second public hearing, the county clerk receives the results of a supplemental feasibility study that comply with Subsection 10-2a-205(5) ; and hold the public hearing described in Subsection (5)(a) : within 30 days after the day on which the county clerk receives the results of the supplemental feasibility study; at a location approved by the lieutenant governor within or near the proposed municipality; to inform the public that the feasibility presented to the public at the preceding public hearing does not apply; and to allow the feasibility consultant to present the results of the supplemental feasibility study and inform the public about the results.
Section 10-2a-207(5)Verify source
§ 10-2a-207(5)(a)Subsection 10-2a-207(5)(a)Provision

Source excerpt

conduct an additional public hearing following each occasion when, after the day of the second public hearing, the county clerk receives the results of a supplemental feasibility study that comply with Subsection 10-2a-205(5) ; and

conduct an additional public hearing following each occasion when, after the day of the second public hearing, the county clerk receives the results of a supplemental feasibility study that comply with Subsection 10-2a-205(5) ; and
Section 10-2a-207(5)(a)Verify source
§ 10-2a-207(5)(b)Subsection 10-2a-207(5)(b)Provision

Source excerpt

A public hearing must be held within 30 days after the county clerk receives the supplemental feasibility study results.

hold the public hearing described in Subsection (5)(a) : within 30 days after the day on which the county clerk receives the results of the supplemental feasibility study; at a location approved by the lieutenant governor within or near the proposed municipality; to inform the public that the feasibility presented to the public at the preceding public hearing does not apply; and to allow the feasibility consultant to present the results of the supplemental feasibility study and inform the public about the results.
Section 10-2a-207(5)(b)Verify source
§ 10-2a-207(5)(b)(i)Subsection 10-2a-207(5)(b)(i)Provision

Source excerpt

A deadline runs for 30 days after the county clerk receives the supplemental feasibility study results.

within 30 days after the day on which the county clerk receives the results of the supplemental feasibility study;
Section 10-2a-207(5)(b)(i)Verify source
§ 10-2a-207(5)(b)(ii)Subsection 10-2a-207(5)(b)(ii)Provision

Source excerpt

at a location approved by the lieutenant governor within or near the proposed municipality;

at a location approved by the lieutenant governor within or near the proposed municipality;
Section 10-2a-207(5)(b)(ii)Verify source
§ 10-2a-207(5)(b)(iii)Subsection 10-2a-207(5)(b)(iii)Provision

Source excerpt

to inform the public that the feasibility presented to the public at the preceding public hearing does not apply; and

to inform the public that the feasibility presented to the public at the preceding public hearing does not apply; and
Section 10-2a-207(5)(b)(iii)Verify source
§ 10-2a-207(5)(b)(iv)Subsection 10-2a-207(5)(b)(iv)Provision

Source excerpt

to allow the feasibility consultant to present the results of the supplemental feasibility study and inform the public about the results.

to allow the feasibility consultant to present the results of the supplemental feasibility study and inform the public about the results.
Section 10-2a-207(5)(b)(iv)Verify source
§ 10-2a-207(6)Subsection 10-2a-207(6)Provision

Source excerpt

At each required public hearing, the county clerk must provide the proposed municipality boundary map, make the feasibility study available for public review, and allow public comments and questions to the feasibility consultant.

At each public hearing required under this section, the county clerk shall: provide a map or plat of the boundary of the proposed municipality; provide a copy of the applicable feasibility study for public review; allow members of the public to express views about the proposed incorporation, including views about the proposed boundaries; and allow the public to ask the feasibility consultant questions about the applicable feasibility study.
Section 10-2a-207(6)Verify source
§ 10-2a-207(6)(a)Subsection 10-2a-207(6)(a)Provision

Source excerpt

Provide a map or plat showing the boundary of the proposed municipality.

provide a map or plat of the boundary of the proposed municipality;
Section 10-2a-207(6)(a)Verify source
§ 10-2a-207(6)(b)Subsection 10-2a-207(6)(b)Provision

Source excerpt

A copy of the applicable feasibility study must be provided for public review.

provide a copy of the applicable feasibility study for public review;
Section 10-2a-207(6)(b)Verify source
§ 10-2a-207(6)(c)Subsection 10-2a-207(6)(c)Provision

Source excerpt

Members of the public may express views about the proposed incorporation, including its proposed boundaries.

allow members of the public to express views about the proposed incorporation, including views about the proposed boundaries; and
Section 10-2a-207(6)(c)Verify source
§ 10-2a-207(6)(d)Subsection 10-2a-207(6)(d)Provision

Source excerpt

The public may ask the feasibility consultant questions about the applicable feasibility study.

allow the public to ask the feasibility consultant questions about the applicable feasibility study.
Section 10-2a-207(6)(d)Verify source
§ 10-2a-207(7)Subsection 10-2a-207(7)Provision

Source excerpt

The county clerk must publish notice of each required public hearing for the proposed municipality as a class B notice.

The county clerk shall publish notice of each public hearing required under this section, and Section 10-2a-204.3 , for the proposed municipality, as a class B notice under Section 63G-30-102 , for at least three weeks before the day of the public hearing.
Section 10-2a-207(7)Verify source
§ 10-2a-207(8)Subsection 10-2a-207(8)Provision

Source excerpt

For a hearing covered by this section, the notice must include the feasibility study summary and say where a full copy can be viewed or inspected; the county clerk may instead publish a statement listing those access sources.

Except as provided in Subsection (8)(b) , for a hearing described in this section, the notice described in Subsection (7) shall: include the feasibility study summary described in Subsection 10-2a-205(2)(c)(iii) ; and indicate that a full copy of the feasibility study is available on the county's website and for inspection at the county clerk's office. Instead of publishing the feasibility summary under Subsection (8)(a)(i) , the county clerk may publish a statement that specifies the following sources where a resident within, or the owner of real property located within, the proposed municipality, may view or obtain a copy of the feasibility study: the lieutenant governor's website; the county's website; the physical address of the county clerk's office; and a mailing address and telephone number.
Section 10-2a-207(8)Verify source
§ 10-2a-207(8)(a)Subsection 10-2a-207(8)(a)Provision

Source excerpt

For hearings covered by this section, the notice must include the feasibility study summary and say that the full study is available on the county website and at the county clerk’s office, except as provided in Subsection (8)(b).

Except as provided in Subsection (8)(b) , for a hearing described in this section, the notice described in Subsection (7) shall: include the feasibility study summary described in Subsection 10-2a-205(2)(c)(iii) ; and indicate that a full copy of the feasibility study is available on the county's website and for inspection at the county clerk's office.
Section 10-2a-207(8)(a)Verify source
§ 10-2a-207(8)(a)(i)Subsection 10-2a-207(8)(a)(i)Provision

Source excerpt

include the feasibility study summary described in Subsection 10-2a-205(2)(c)(iii) ; and

include the feasibility study summary described in Subsection 10-2a-205(2)(c)(iii) ; and
Section 10-2a-207(8)(a)(i)Verify source
§ 10-2a-207(8)(a)(ii)Subsection 10-2a-207(8)(a)(ii)Provision

Source excerpt

indicate that a full copy of the feasibility study is available on the county's website and for inspection at the county clerk's office.

indicate that a full copy of the feasibility study is available on the county's website and for inspection at the county clerk's office.
Section 10-2a-207(8)(a)(ii)Verify source
§ 10-2a-207(8)(b)Subsection 10-2a-207(8)(b)Provision

Source excerpt

The county clerk may publish a statement listing where residents or property owners in the proposed municipality can get a copy of the feasibility study.

Instead of publishing the feasibility summary under Subsection (8)(a)(i) , the county clerk may publish a statement that specifies the following sources where a resident within, or the owner of real property located within, the proposed municipality, may view or obtain a copy of the feasibility study: the lieutenant governor's website; the county's website; the physical address of the county clerk's office; and a mailing address and telephone number.
Section 10-2a-207(8)(b)Verify source
§ 10-2a-207(8)(b)(i)Subsection 10-2a-207(8)(b)(i)Provision

Source excerpt

the lieutenant governor's website;

the lieutenant governor's website;
Section 10-2a-207(8)(b)(i)Verify source
§ 10-2a-207(8)(b)(ii)Subsection 10-2a-207(8)(b)(ii)Provision

Source excerpt

the county's website;

the county's website;
Section 10-2a-207(8)(b)(ii)Verify source
§ 10-2a-207(8)(b)(iii)Subsection 10-2a-207(8)(b)(iii)Provision

Source excerpt

the physical address of the county clerk's office; and

the physical address of the county clerk's office; and
Section 10-2a-207(8)(b)(iii)Verify source
§ 10-2a-207(8)(b)(iv)Subsection 10-2a-207(8)(b)(iv)Provision

Source excerpt

a mailing address and telephone number.

a mailing address and telephone number.
Section 10-2a-207(8)(b)(iv)Verify source

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