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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-220, 1997

The lieutenant governor must set incorporation-related fees, deposit collected money into the fund, and use the fund to pay certain incorporation costs. A newly incorporated municipality must repa…

Source excerpt

cost recoveryfee paymentfeesfund administrationfundsincorporationincorporation proceedingslocal governmentmunicipal financepublic financereimbursementspecial revenue fundstate appropriations
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 1997
Dates
Enacted 1997
More statute details
Dates
Enacted 1997
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01

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“The lieutenant governor must set incorporation-related fees, deposit collected money into the fund, and use the fund to pay certain incorporation costs. A newly incorporated municipality must repay fees, county costs, and feasibility-study costs.”

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Costs of incorporation -- Fees established by lieutenant governor.

The lieutenant governor must set incorporation-related fees, deposit collected money into the fund, and use the fund to pay certain incorporation costs. A newly incorporated municipality must repay fees, county costs, and feasibility-study costs.

Section 10-2a-220

Subsection 10-2a-220(1)(c)

The lieutenant governor must deposit all money collected under this section into the fund.

Section 10-2a-220(1)(c)

Subsection 10-2a-220(5)

If money spent by the lieutenant governor from the fund is not repaid because an area did not incorporate as a municipality, the Legislature must appropriate an equal amount back to the fund.

Section 10-2a-220(5)

04

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In force source record

Source record from le.utah.gov · Enacted 1997

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Showing 29 of 29 provisions

Provision 26Amendment 3

Part 10-2a-2

part 10-2a-2 Incorporation of a Municipality

§ 10-2a-220Costs of incorporation -- Fees established by lieutenant governor.Amendment

Source excerpt

The lieutenant governor must set incorporation-related fees, deposit collected money into the fund, and use the fund to pay certain incorporation costs. A newly incorporated municipality must repay fees, county costs, and feasibility-study costs.

Costs of incorporation -- Fees established by lieutenant governor. There is created an expendable special revenue fund known as the "Municipal Incorporation Expendable Special Revenue Fund." The fund shall consist of: appropriations from the Legislature; payments that feasibility request sponsors make to the lieutenant governor under Subsections 10-2a-205(1)(b) and 10-2a-206(1)(f) ; and fees the lieutenant governor collects and remits to the fund under this section. The lieutenant governor shall deposit all money collected under this section into the fund. The lieutenant governor shall establish a fee in accordance with Section 63J-1-504 for a cost incurred by the lieutenant governor or the county for an incorporation proceeding, including: a request certification; a petition certification; publication of notices; public hearings; all other incorporation activities occurring after the elections; and any other cost incurred by the lieutenant governor or county in relation to an incorporation proceeding. A cost under Subsection (2)(a) does not include a cost incurred by a county for holding an election under Section 10-2a-210 . Subject to Subsections 10-2a-205(1)(b) and 10-2a-206(2)(h) , the lieutenant governor shall pay for a cost described in Subsection (2)(a) using funds from the Municipal Incorporation Expendable Special Revenue Fund. A newly incorporated municipality shall: pay to the lieutenant governor each fee established under Subsection (2) for each cost described in Subsection (2)(a) incurred by the lieutenant governor or the county; pay the county for a cost described in Subsection (2)(b) ; and reimburse feasibility request sponsors the cost the feasibility request sponsors paid for: a feasibility study under Section 10-2a-205 ; and any supplemental feasibility study under Section 10-2a-206 . The lieutenant governor shall execute a payback agreement with each new municipality for the new municipality to pay the fees described in Subsection (4)(a) over a period that, except as provided in Subsection (4)(c) , may not exceed five years. If necessary, the lieutenant governor may extend a fee payment deadline beyond the deadline described in Subsection (4)(b) by amending the payback agreement described in Subsection (4)(b) . The lieutenant governor shall deposit each fee the lieutenant governor collects under Subsection (4)(a)(i) into the Municipal Incorporation Expendable Special Revenue Fund. If the lieutenant governor expends funds from the Municipal Incorporation Expendable Special Revenue Fund that are not repaid to the lieutenant governor under Subsection (4)(a)(i) because an area did not incorporate as a municipality, the Legislature shall appropriate money to the fund in an amount equal to the funds that are not repaid.
Section 10-2a-220Verify source
§ 10-2a-220(1)Subsection 10-2a-220(1)Provision

Source excerpt

Creates the Municipal Incorporation Expendable Special Revenue Fund and requires the lieutenant governor to deposit all money collected under this section into it.

There is created an expendable special revenue fund known as the "Municipal Incorporation Expendable Special Revenue Fund." The fund shall consist of: appropriations from the Legislature; payments that feasibility request sponsors make to the lieutenant governor under Subsections 10-2a-205(1)(b) and 10-2a-206(1)(f) ; and fees the lieutenant governor collects and remits to the fund under this section. The lieutenant governor shall deposit all money collected under this section into the fund.
Section 10-2a-220(1)Verify source
§ 10-2a-220(1)(a)Subsection 10-2a-220(1)(a)Provision

Source excerpt

There is created an expendable special revenue fund known as the "Municipal Incorporation Expendable Special Revenue Fund."

There is created an expendable special revenue fund known as the "Municipal Incorporation Expendable Special Revenue Fund."
Section 10-2a-220(1)(a)Verify source
§ 10-2a-220(1)(b)Subsection 10-2a-220(1)(b)Provision

Source excerpt

The fund consists of legislative appropriations, certain payments made by feasibility request sponsors to the lieutenant governor, and fees the lieutenant governor collects and remits to the fund.

The fund shall consist of: appropriations from the Legislature; payments that feasibility request sponsors make to the lieutenant governor under Subsections 10-2a-205(1)(b) and 10-2a-206(1)(f) ; and fees the lieutenant governor collects and remits to the fund under this section.
Section 10-2a-220(1)(b)Verify source
§ 10-2a-220(1)(b)(i)Subsection 10-2a-220(1)(b)(i)Provision

Source excerpt

appropriations from the Legislature;

appropriations from the Legislature;
Section 10-2a-220(1)(b)(i)Verify source
§ 10-2a-220(1)(b)(ii)Subsection 10-2a-220(1)(b)(ii)Provision

Source excerpt

payments that feasibility request sponsors make to the lieutenant governor under Subsections 10-2a-205(1)(b) and 10-2a-206(1)(f) ; and

payments that feasibility request sponsors make to the lieutenant governor under Subsections 10-2a-205(1)(b) and 10-2a-206(1)(f) ; and
Section 10-2a-220(1)(b)(ii)Verify source
§ 10-2a-220(1)(b)(iii)Subsection 10-2a-220(1)(b)(iii)Provision

Source excerpt

The lieutenant governor collects and remits fees to the fund under this section.

fees the lieutenant governor collects and remits to the fund under this section.
Section 10-2a-220(1)(b)(iii)Verify source
§ 10-2a-220(1)(c)Subsection 10-2a-220(1)(c)Provision

Source excerpt

The lieutenant governor must deposit all money collected under this section into the fund.

The lieutenant governor shall deposit all money collected under this section into the fund.
Section 10-2a-220(1)(c)Verify source
§ 10-2a-220(2)Subsection 10-2a-220(2)Provision

Source excerpt

The lieutenant governor must set a fee for certain incorporation-proceeding costs.

The lieutenant governor shall establish a fee in accordance with Section 63J-1-504 for a cost incurred by the lieutenant governor or the county for an incorporation proceeding, including: a request certification; a petition certification; publication of notices; public hearings; all other incorporation activities occurring after the elections; and any other cost incurred by the lieutenant governor or county in relation to an incorporation proceeding. A cost under Subsection (2)(a) does not include a cost incurred by a county for holding an election under Section 10-2a-210 .
Section 10-2a-220(2)Verify source
§ 10-2a-220(2)(a)Subsection 10-2a-220(2)(a)Provision

Source excerpt

The lieutenant governor must establish a fee under Section 63J-1-504 for incorporation-proceeding costs.

The lieutenant governor shall establish a fee in accordance with Section 63J-1-504 for a cost incurred by the lieutenant governor or the county for an incorporation proceeding, including: a request certification; a petition certification; publication of notices; public hearings; all other incorporation activities occurring after the elections; and any other cost incurred by the lieutenant governor or county in relation to an incorporation proceeding.
Section 10-2a-220(2)(a)Verify source
§ 10-2a-220(2)(a)(i)Subsection 10-2a-220(2)(a)(i)Provision

Source excerpt

a request certification;

a request certification;
Section 10-2a-220(2)(a)(i)Verify source
§ 10-2a-220(2)(a)(ii)Subsection 10-2a-220(2)(a)(ii)Provision

Source excerpt

a petition certification;

a petition certification;
Section 10-2a-220(2)(a)(ii)Verify source
§ 10-2a-220(2)(a)(iii)Subsection 10-2a-220(2)(a)(iii)Provision

Source excerpt

publication of notices;

publication of notices;
Section 10-2a-220(2)(a)(iii)Verify source
§ 10-2a-220(2)(a)(iv)Subsection 10-2a-220(2)(a)(iv)Provision

Source excerpt

public hearings;

public hearings;
Section 10-2a-220(2)(a)(iv)Verify source
§ 10-2a-220(2)(a)(v)Subsection 10-2a-220(2)(a)(v)Provision

Source excerpt

all other incorporation activities occurring after the elections; and

all other incorporation activities occurring after the elections; and
Section 10-2a-220(2)(a)(v)Verify source
§ 10-2a-220(2)(a)(vi)Subsection 10-2a-220(2)(a)(vi)Provision

Source excerpt

any other cost incurred by the lieutenant governor or county in relation to an incorporation proceeding.

any other cost incurred by the lieutenant governor or county in relation to an incorporation proceeding.
Section 10-2a-220(2)(a)(vi)Verify source
§ 10-2a-220(2)(b)Subsection 10-2a-220(2)(b)Provision

Source excerpt

A cost under Subsection (2)(a) does not include a county election cost under Section 10-2a-210.

A cost under Subsection (2)(a) does not include a cost incurred by a county for holding an election under Section 10-2a-210 .
Section 10-2a-220(2)(b)Verify source
§ 10-2a-220(3)Subsection 10-2a-220(3)Provision

Source excerpt

The lieutenant governor must pay a cost described in Subsection (2)(a) from the Municipal Incorporation Expendable Special Revenue Fund, subject to two referenced subsections.

Subject to Subsections 10-2a-205(1)(b) and 10-2a-206(2)(h) , the lieutenant governor shall pay for a cost described in Subsection (2)(a) using funds from the Municipal Incorporation Expendable Special Revenue Fund.
Section 10-2a-220(3)Verify source
§ 10-2a-220(4)Subsection 10-2a-220(4)Amendment

Source excerpt

A newly incorporated municipality must pay specified incorporation-related fees and reimburse feasibility study costs; the lieutenant governor must make a payback agreement, may extend a fee-payment deadline if necessary, and must deposit collected fees into the designated fund.

A newly incorporated municipality shall: pay to the lieutenant governor each fee established under Subsection (2) for each cost described in Subsection (2)(a) incurred by the lieutenant governor or the county; pay the county for a cost described in Subsection (2)(b) ; and reimburse feasibility request sponsors the cost the feasibility request sponsors paid for: a feasibility study under Section 10-2a-205 ; and any supplemental feasibility study under Section 10-2a-206 . The lieutenant governor shall execute a payback agreement with each new municipality for the new municipality to pay the fees described in Subsection (4)(a) over a period that, except as provided in Subsection (4)(c) , may not exceed five years. If necessary, the lieutenant governor may extend a fee payment deadline beyond the deadline described in Subsection (4)(b) by amending the payback agreement described in Subsection (4)(b) . The lieutenant governor shall deposit each fee the lieutenant governor collects under Subsection (4)(a)(i) into the Municipal Incorporation Expendable Special Revenue Fund.
Section 10-2a-220(4)Verify source
§ 10-2a-220(4)(a)Subsection 10-2a-220(4)(a)Provision

Source excerpt

A newly incorporated municipality must pay certain fees and costs to the lieutenant governor and county, and reimburse feasibility request sponsors for specified feasibility study costs.

A newly incorporated municipality shall: pay to the lieutenant governor each fee established under Subsection (2) for each cost described in Subsection (2)(a) incurred by the lieutenant governor or the county; pay the county for a cost described in Subsection (2)(b) ; and reimburse feasibility request sponsors the cost the feasibility request sponsors paid for: a feasibility study under Section 10-2a-205 ; and any supplemental feasibility study under Section 10-2a-206 .
Section 10-2a-220(4)(a)Verify source
§ 10-2a-220(4)(a)(i)Subsection 10-2a-220(4)(a)(i)Provision

Source excerpt

A person must pay the lieutenant governor each fee established under Subsection (2) for each covered cost described in Subsection (2)(a).

pay to the lieutenant governor each fee established under Subsection (2) for each cost described in Subsection (2)(a) incurred by the lieutenant governor or the county;
Section 10-2a-220(4)(a)(i)Verify source
§ 10-2a-220(4)(a)(ii)Subsection 10-2a-220(4)(a)(ii)Provision

Source excerpt

The provision requires payment to the county for a cost described in Subsection (2)(b).

pay the county for a cost described in Subsection (2)(b) ; and
Section 10-2a-220(4)(a)(ii)Verify source
§ 10-2a-220(4)(a)(iii)Subsection 10-2a-220(4)(a)(iii)Provision

Source excerpt

The provision requires reimbursement of feasibility request sponsors for the cost they paid for a feasibility study and any supplemental feasibility study under the cited sections.

reimburse feasibility request sponsors the cost the feasibility request sponsors paid for: a feasibility study under Section 10-2a-205 ; and any supplemental feasibility study under Section 10-2a-206 .
Section 10-2a-220(4)(a)(iii)Verify source
§ 10-2a-220(4)(a)(iii)(A)Subsection 10-2a-220(4)(a)(iii)(A)Provision

Source excerpt

a feasibility study under Section 10-2a-205 ; and

a feasibility study under Section 10-2a-205 ; and
Section 10-2a-220(4)(a)(iii)(A)Verify source
§ 10-2a-220(4)(a)(iii)(B)Subsection 10-2a-220(4)(a)(iii)(B)Provision

Source excerpt

any supplemental feasibility study under Section 10-2a-206 .

any supplemental feasibility study under Section 10-2a-206 .
Section 10-2a-220(4)(a)(iii)(B)Verify source
§ 10-2a-220(4)(b)Subsection 10-2a-220(4)(b)Provision

Source excerpt

The lieutenant governor must execute a payback agreement with each new municipality, and the municipality must pay the fees described in Subsection (4)(a) over a period of no more than five years, unless Subsection (4)(c) applies.

The lieutenant governor shall execute a payback agreement with each new municipality for the new municipality to pay the fees described in Subsection (4)(a) over a period that, except as provided in Subsection (4)(c) , may not exceed five years.
Section 10-2a-220(4)(b)Verify source
§ 10-2a-220(4)(c)Subsection 10-2a-220(4)(c)Amendment

Source excerpt

If necessary, the lieutenant governor may extend a fee payment deadline by amending the related payback agreement.

If necessary, the lieutenant governor may extend a fee payment deadline beyond the deadline described in Subsection (4)(b) by amending the payback agreement described in Subsection (4)(b) .
Section 10-2a-220(4)(c)Verify source
§ 10-2a-220(4)(d)Subsection 10-2a-220(4)(d)Provision

Source excerpt

The lieutenant governor must deposit each fee collected under Subsection (4)(a)(i) into the Municipal Incorporation Expendable Special Revenue Fund.

The lieutenant governor shall deposit each fee the lieutenant governor collects under Subsection (4)(a)(i) into the Municipal Incorporation Expendable Special Revenue Fund.
Section 10-2a-220(4)(d)Verify source
§ 10-2a-220(5)Subsection 10-2a-220(5)Provision

Source excerpt

If money spent by the lieutenant governor from the fund is not repaid because an area did not incorporate as a municipality, the Legislature must appropriate an equal amount back to the fund.

If the lieutenant governor expends funds from the Municipal Incorporation Expendable Special Revenue Fund that are not repaid to the lieutenant governor under Subsection (4)(a)(i) because an area did not incorporate as a municipality, the Legislature shall appropriate money to the fund in an amount equal to the funds that are not repaid.
Section 10-2a-220(5)Verify source

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