(1)

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 10-2a-509

  • Feasibility request: means a request, described in Section 10-2a-502, for a feasibility study for the proposed incorporation of a preliminary municipality. See Utah Code 10-2a-501
  • Initial landowners: means the persons who owned the land within the proposed preliminary municipality area when the person filed the feasibility request under Section 20A-1-501. See Utah Code 10-2a-501
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
         (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) Within 30 days after the day on which the lieutenant governor issues a certificate of incorporation described in Subsection 10-2a-508(1)(b)(i), the county in which the preliminary municipality is located shall appoint one board member for the preliminary municipality.
     (1)(b) If the county fails to timely comply with Subsection (1)(a), the board chair and the three board members appointed under Subsection 10-2a-508(1)(b)(i) shall, by majority vote, appoint the final board member.
(2) The board chair and board members, described in Subsection (1), of a preliminary municipality:

     (2)(a) are not required to be residents of the preliminary municipality; and
     (2)(b) shall serve as the board for the preliminary municipality until replaced by election under Section 10-2a-510.
(3)

     (3)(a) Within 14 days after the day on which the first residential certificate of occupancy is issued for the development described in Subsection 10-2a-503(5)(e), the engineer described in Subsection 10-2a-509(6), shall notify the county and the lieutenant governor, in writing:

          (3)(a)(i) that the first residential certificate of occupancy has been issued for the preliminary municipality;
          (3)(a)(ii) of the date on which the first residential certificate of occupancy was issued; and
          (3)(a)(iii) of the physical address for which the first residential certificate of occupancy was issued.
     (3)(b) No later than the next municipal general election, or regular general election, that is at least 30 days after the date described in Subsection (3)(a)(ii), the initial landowners shall:

          (3)(b)(i) replace the board chair or a board member with an individual who is a resident of the preliminary municipality; and
          (3)(b)(ii) notify the county and the lieutenant governor of the appointment, in writing.
(4)

     (4)(a) Subject to Subsection (4)(b), a preliminary municipality has all the powers and duties of a municipality.
     (4)(b) A preliminary municipality:

          (4)(b)(i) may not impose a tax;
          (4)(b)(ii) may enter into an interlocal agreement with a special district to provide utility services to the preliminary municipality;
          (4)(b)(iii) has the same authority as another municipality to make decisions regarding zoning and land use;
          (4)(b)(iv) may not receive an allocation of sales tax or gas tax; and
          (4)(b)(v) may not exercise eminent domain authority.
(5) As needed, the county shall provide all services and utility connections to the preliminary municipality that the county provides other areas in the county if the preliminary municipality:

     (5)(a) pays the uniformly assessed rates for the services and utilities and reasonable connection fees; and
     (5)(b) complies with the county’s established regulations and specifications for the construction and connection of the local improvements.
(6) The preliminary municipality shall maintain and repair any roadway that, on the day on which the individual filed the feasibility request under Section 10-2a-502:

     (6)(a) existed within the preliminary municipality;
     (6)(b) was within a public right of way that abuts the preliminary municipality; or
     (6)(c) was within 1/2 mile of the preliminary municipality and connected to, or was proposed in the feasibility request to be connected to, the preliminary municipality.
(7) Before the preliminary municipality submits a petition to transition to a town, the preliminary municipality shall select an independent third-party engineer to review and approve all building permit applications within the preliminary municipality to ensure compliance with the law.
(8) Chapter 2, Classification, Boundaries, Consolidation, and Dissolution of Municipalities, does not apply to a preliminary municipality.

  Previous section
Next section  
 Part 5 Contents