reglab/statecodes huggingface dataset:
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 6 - Consolidation of Municipalities › Section 602 - Contents of resolution or petition.

Effective 5/8/2018
10-2-602.
Contents of resolution or petition.
(1) The resolution of the governing body or the petition of the electors shall include:
(a) a statement fully describing each of the areas to be included within the consolidated municipality;
(b) the name of the proposed consolidated municipality; and
(c) the names of the municipalities to be consolidated.
(2)
(a) The resolution or petition shall state the population of each of the municipalities within the area of the proposed consolidated municipality and the total population of the proposed consolidated municipality.
(b)
(i) The population figure under Subsection (2)(a) shall be derived from the most recent official census or census estimate of the United States Bureau of the Census.
(ii) If the population figure is not available from the United States Bureau of the Census, the population figure shall be derived from the estimate from the Utah Population Committee.
Amended by Chapter 330, 2018 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 6 - Consolidation of Municipalities › Section 603 - Plan of consolidation.

10-2-603.
Plan of consolidation.
The resolution for consolidation shall have attached a plan approved by the governing bodies, properly executed by the mayors and attested by the recorders setting forth the nature of the obligations, assets, and liabilities of the municipalities to be included within the proposed consolidated municipality. The plan shall include a list of every public utility or property on which any debt is owed or due, all or any part of which is payable from the revenues of the utility or property, or from taxes which have been levied and which are outstanding at the time the proposed consolidation is to become effective. The plan shall also specify the rights, duties, and obligations of the proposed consolidated municipality.
Amended by Chapter 92, 1987 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 6 - Consolidation of Municipalities › Section 604 - Duty of county legislative body when petition is by electors.

10-2-604.
Duty of county legislative body when petition is by electors.
When the petition for consolidation is properly presented by the electors, the county legislative bodies and officers of each of the respective municipalities shall, within 15 days after the filing of the petition with the county legislative bodies, cause to be filed with the county legislative bodies a plan of consolidation containing the same information as is required in Section 10-2-603.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 6 - Consolidation of Municipalities › Section 605 - Effect of plan of consolidation.

10-2-605.
Effect of plan of consolidation.
The plan of consolidation shall be subordinate in all respects to the contract rights of all holders of any securities or obligations of the municipality outstanding at the effective date of the consolidation. The plan shall be available to the public for inspection and copying. The plan may extend for a period of up to 20 years, except that those provisions necessary for the protection of the holders of any securities or other obligations of any municipalities being consolidated shall extend for such longer time as may be necessary to ensure the payment of the securities and obligations. Any person may enforce the provisions and terms of the plan during the period in which the plan is effective. After the expiration of the period of the plan, the rights, duties and obligations stated in the plan shall be governed by the laws of the State of Utah and not by the plan. The plan shall be effective only if the consolidation is approved by the voters of the respective municipalities to be consolidated.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 6 - Consolidation of Municipalities › Section 606 - Public hearings.

10-2-606.
Public hearings.
The governing body of each municipality in its plan for consolidation shall set a time and place for a public hearing or public hearings which shall be held at least 10 days after the plan of consolidation and the dates of the public hearing have been submitted to the county legislative bodies. The public hearing may be held jointly or separately by the governing bodies of each municipality to be consolidated. Any interested person may be heard on any aspect of the proposed consolidation. One or more certified copies of the plan of consolidation shall be available in the recorder's office of each municipality at least five days prior to the hearing.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 6 - Consolidation of Municipalities › Section 607 - Notice of election.

Effective 5/3/2023
10-2-607.
Notice of election.
If the county legislative bodies find that the resolution or petition for consolidation and their attachments substantially conform with the requirements of this part, the county legislative bodies shall, for at least four weeks before the day of the election, publish notice of the election for consolidation, as a class A notice under Section 63G-30-102, for each municipality that would become part of the consolidated municipality.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 6 - Consolidation of Municipalities › Section 608 - Contents of notice.

10-2-608.
Contents of notice.
The notice required in the preceding section shall contain a summary of:
(1) the contents of the resolutions or petitions for consolidation;
(2) the consolidation plan;
(3) where the resolutions or petitions and consolidation plan can be found;
(4) the time and place where public hearings on the question of consolidation will be held and shall state that any interested person may be heard on the question of consolidation and on the plan for consolidation;
(5) a description of the territory and the names of the municipalities which will be included within the proposed consolidated municipality which descriptions may be by any means which describe the territories involved;
(6) the time and place or places at which the election for consolidation shall be held; and
(7) the form of the ballot to be used in the election to determine the question of consolidation which shall read substantially as follows:
______________________________________________________________________________
Shall the municipality of ________YES
be consolidated with the
municipality (or municipalities) of ________NO
______________________________________________________________________________
The voters shall mark their ballots with a cross (x) opposite the words "yes" or "no."
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 6 - Consolidation of Municipalities › Section 609 - Election on consolidation.

10-2-609.
Election on consolidation.
The election on consolidation shall be held as nearly as possible in the same manner as a general election.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 6 - Consolidation of Municipalities › Section 610 - Canvass of election -- Notice of results -- Filing of notice and plat -- Recording requirements.

10-2-610.
Canvass of election -- Notice of results -- Filing of notice and plat -- Recording requirements.
(1) The legislative body of each county in which a proposed consolidating municipality is located shall canvass the results of the election or elections in the same manner as for general elections and shall certify the results of the election to the county clerk or clerks.
(2) If a majority of the ballots cast at the election on consolidation in each municipality are for consolidation, the county clerk or clerks shall immediately, on receiving notice of the results of the canvass under Subsection (1), give notice of the result by publication in the same manner and for the same time as provided in Section 10-2-608.
(3) The mayors of the municipalities to be consolidated shall:
(a) within 30 days after the canvass of an election at which voters approve consolidation, file with the lieutenant governor:
(i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
(b) upon the lieutenant governor's issuance of a certificate of consolidation under Section 67-1a-6.5:
(i) if the consolidated municipality is located within the boundary of a single county, submit to the recorder of that county the original:
(A) notice of an impending boundary action;
(B) certificate of consolidation; and
(C) approved final local entity plat; or
(ii) if the consolidated municipality is located within the boundaries of more than a single county, submit the original of the documents listed in Subsections (3)(b)(i)(A), (B), and (C) to the recorder of one of those counties and a certified copy of those documents to the recorder of each other county.
Amended by Chapter 350, 2009 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 6 - Consolidation of Municipalities › Section 611 - When consolidation effective -- Disincorporation of original municipalities -- Effective date for assessment purposes.

10-2-611.
When consolidation effective -- Disincorporation of original municipalities -- Effective date for assessment purposes.
(1) Upon the lieutenant governor's issuance of a certificate of consolidation under Section 67-1a-6.5:
(a) the consolidation is effective; and
(b) the original municipalities involved in the consolidation are disincorporated.
(2)
(a) The effective date of a consolidation of municipalities for purposes of assessing property within the consolidated municipality is governed by Section 59-2-305.5.
(b) Until the documents listed in Subsection 10-2-610(3)(b) are recorded in the office of the recorder of each county in which the property is located, a consolidated municipality may not:
(i) levy or collect a property tax on property within the consolidated municipality;
(ii) levy or collect an assessment on property within the consolidated municipality; or
(iii) charge or collect a fee for service provided to property within the consolidated municipality.
Amended by Chapter 350, 2009 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 6 - Consolidation of Municipalities › Section 612 - New municipality -- Ownership of property -- Indebtedness of original municipalities.

10-2-612.
New municipality -- Ownership of property -- Indebtedness of original municipalities.
Any consolidated municipality shall be deemed to be a continuation of the merged municipalities, except as herein expressly provided, and shall own all of the assets, property, records, seals, equipment, and be responsible for the liabilities of each and all of the municipalities dissolved by the consolidation. The new municipality shall require the inhabitants of an original municipality included in the consolidation, by special tax levy, to satisfy any indebtedness incurred by the original municipalities provided inhabitants residing in other parts of the consolidated municipality did not or do not benefit by the revenue or services obtained by the expenditures causing the indebtedness. The governing body of the consolidated municipality shall be subject to the terms of the consolidation plan.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 6 - Consolidation of Municipalities › Section 613 - Governing body until next election.

10-2-613.
Governing body until next election.
Until the next regular municipal election, the elected officials of the municipalities consolidated into the consolidated municipality shall constitute the governing body of the municipality. The governing body shall elect one of their members to serve as mayor of the municipality and may appoint such other officers as deemed necessary to carry out the business of the municipality.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 6 - Consolidation of Municipalities › Section 614 - Ordinances, resolutions, and orders.

10-2-614.
Ordinances, resolutions, and orders.
All ordinances, resolutions and orders, in force in any of the municipalities when it is consolidated, shall remain in full force and effect within the respective areas of the municipalities which existed prior to consolidation insofar as the ordinances, resolutions and orders are not repugnant to law, until repealed or amended, but may not in any case exceed three years. The governing body of the new municipality shall as soon as possible adopt new ordinances, resolutions and orders for the uniform governance of the new municipality.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 7 - Dissolution of Municipalities › Section 701 - Petition for disincorporation -- Validity -- Certification of petition signatures -- Removal of signature -- District court order for election.

Effective 5/3/2023
10-2-701.
Petition for disincorporation -- Validity -- Certification of petition signatures -- Removal of signature -- District court order for election.
(1) Disincorporation of a municipality shall be initiated upon petition.
(2) The petition shall bear signatures equal in number to 25% of all votes cast from the municipality at the last congressional election.
(3) No signature is valid, for purposes of this section, unless it is that of a registered voter who is a resident of the municipality proposed for disincorporation.
(4) The petition containing the specified number of signatures shall be filed with the county clerk for validation by that officer.
(5) Within 21 days after the day on which the county clerk receives a petition, the county clerk shall:
(a) use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (2); and
(b) certify on the petition whether each name is that of a registered voter from the municipality.
(6)
(a) A voter who signs a petition under this section may have the voter's signature removed from the petition by, no later than three business days after the day on which the petition is filed with the county clerk, submitting to the county clerk a statement requesting that the voter's signature be removed.
(b) A statement described in Subsection (6)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).
(c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature.
(7) If the county clerk finds the petition valid, the clerk shall file the original with the district court and furnish a copy to the governing body of the municipality.
(8) The district court, upon determining that the petition comports with Section 10-2-701.5 and that it does not offend Section 10-2-710 and is otherwise complete, shall order that the question of dissolution be placed before the voters of the municipality.
Amended by Chapter 116, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 7 - Dissolution of Municipalities › Section 701.5 - Form of petition.

10-2-701.5.
Form of petition.
A petition for municipal disincorporation shall substantially comply with, and be circulated in, the following form:
PETITION FOR MUNICIPAL DISINCORPORATION
To the Honorable District Court of ____ County, Utah:
We, the undersigned citizens and legal voters of the State of Utah, and residents of ____ City, Utah, respectfully petition the Court to submit a proposal to disincorporate ____ City, Utah, to the legal voters resident within said city for their approval or rejection at a special election ordered held by the court for that purpose; and each signator for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Utah; I am a resident of ____ City, Utah, and my residence and post office address are correctly written after my name.
Enacted by Chapter 55, 1981 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 7 - Dissolution of Municipalities › Section 702 - District court to examine petition -- Set date for election.

10-2-702.
District court to examine petition -- Set date for election.
If the court determines that the petition is complete, the court shall set a date for the election to determine the question of dissolution which date shall be at least 60 but not more than 90 days after the petition is filed with the court.
Amended by Chapter 55, 1981 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 7 - Dissolution of Municipalities › Section 703 - Providing notice of election.

Effective 5/3/2023
10-2-703.
Providing notice of election.
(1) Immediately after setting the date for the election, the court shall order for notice to be provided of the:
(a) petition; and
(b) date the election is to be held to determine the question of dissolution.
(2) The notice described in Subsection (1) shall be provided for the municipality, as a class A notice under Section 63G-30-102, for at least one month before the day of the election.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 7 - Dissolution of Municipalities › Section 704 - Form of ballot.

10-2-704.
Form of ballot.
The form of the ballot used to vote on the issue of dissolution shall be separate from any other ballot and shall read substantially as follows:
______________________________________________________________________________
Shall the municipality of __________________Yes
(insert name)
be dissolved?No
______________________________________________________________________________
The voters shall mark their ballots with a cross (x) opposite the word "yes" or "no".
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 7 - Dissolution of Municipalities › Section 705 - Judgment -- Determination of claims.

10-2-705.
Judgment -- Determination of claims.
The vote shall be taken and canvassed in the same manner as in other municipal elections, and return thereof made to the district court. If the district court finds that a majority of the votes cast favored dissolution, a judgment shall be entered approving the dissolution of the municipality and, upon dissolution, the corporate powers of such municipality shall cease, and the court shall cause notice to be given in a manner to be prescribed by it, requiring all claims against the municipality to be filed in the court within a time fixed in the notice, not exceeding six months, and all claims not so filed shall be forever barred. At the expiration of the time so fixed the court shall adjudicate claims so filed, which shall be treated as denied, and any citizen of the municipality at the time the vote was taken may appear and defend against any claim so filed, or the court may in its discretion appoint some person for that purpose.
Amended by Chapter 350, 2009 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 7 - Dissolution of Municipalities › Section 706 - Taxes to meet municipal obligations.

10-2-706.
Taxes to meet municipal obligations.
The court shall have power to wind down the affairs of the municipality, to dispose of its property as provided by law, and to make provisions for the payment of all indebtedness thereof and for the performance of its contracts and obligations, and shall order such taxes levied from time to time as may be requisite therefore, which the county legislative body shall levy against the property within the municipality. The taxes shall be collected by the county treasurer in the manner for collecting other property taxes and shall be paid out under the orders of the court, and the surplus, if any, shall be paid into the school fund for the district in which the taxes were levied. All municipal property remaining after the winding down of the affairs of the municipality, shall be transferred to the board of education of such school district, which board hereby is empowered to enforce all claims for the same and to have the use of all property so vesting.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 7 - Dissolution of Municipalities › Section 707 - Disposition of records.

10-2-707.
Disposition of records.
The books, documents, records, papers, and seal of any dissolved municipality shall be deposited with the county clerk for safekeeping and reference. All court records of justice court judges shall be deposited with a justice court judge of the county to be designated by the court, and other records with the district court. The courts respectively have authority to execute and complete all unfinished business standing on the same.
Amended by Chapter 59, 1990 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 7 - Dissolution of Municipalities › Section 708 - Notice of disincorporation.

Effective 5/3/2023
10-2-708.
Notice of disincorporation.
When a municipality has been dissolved, the clerk of the court shall provide notice of the dissolution for the county, as a class B notice under Section 63G-30-102, for at least four weeks.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 7 - Dissolution of Municipalities › Section 709 - Expenses of election.

10-2-709.
Expenses of election.
The expenses of the election, of winding down the affairs and of dissolving the municipality, shall be the obligation of the municipality and shall be paid by it.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 7 - Dissolution of Municipalities › Section 710 - Limitation on jurisdiction of court to consider disincorporation petition.

10-2-710.
Limitation on jurisdiction of court to consider disincorporation petition.
No district court has jurisdiction to consider a petition seeking disincorporation of a municipality or to order an election based upon the submission of such a petition if:
(1) the disincorporation petition is filed with the court less than two years after the official date of incorporation of the municipality which the petition seeks to dissolve; or
(2) the disincorporation petition is filed with the court less than two years after the date of an election held to decide the question of dissolution of the municipality which the petition seeks to dissolve.
Enacted by Chapter 55, 1981 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 7 - Dissolution of Municipalities › Section 711 - Dissolution by the county legislative body.

Effective 5/8/2018
10-2-711.
Dissolution by the county legislative body.
(1)
(a) A municipality having fewer than 50 residents may be dissolved on application to the district court by the county legislative body of the county where the municipality is located.
(b)
(i) The population figure under Subsection (1)(a) shall be derived from the most recent official census or census estimate of the United States Bureau of the Census.
(ii) If the population figure is not available from the United States Bureau of the Census, the population figure shall be derived from the estimate from the Utah Population Committee.
(2) Notice of the application shall be served on the municipality in the manner prescribed by law or by publication in the manner provided by law if the municipal authorities cannot be served.
(3) The district court may enter an order approving the dissolution of the municipality on a finding that the existence of the municipality serves no valid municipal purpose, its existence is a sham, or on a clear and convincing showing that the best interests of the community would be served by the dissolution.
(4) If the municipality is dissolved, the district court shall wind down the affairs and dissolve the municipality as quickly as possible in the same manner as is provided in Sections 10-2-705 through 10-2-709.
Amended by Chapter 330, 2018 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities › Part 7 - Dissolution of Municipalities › Section 712 - Power of court -- Articles of dissolution -- Notice to lieutenant governor -- Recording requirements -- Effective date of dissolution.

10-2-712.
Power of court -- Articles of dissolution -- Notice to lieutenant governor -- Recording requirements -- Effective date of dissolution.
(1) The district court may:
(a) enforce compliance with any order issued to give effect to this part by proceedings for contempt; and
(b) appoint any person to assist it in carrying out the provisions of this part.
(2)
(a) Upon entering an order approving the dissolution of a municipality, the district court shall file with the lieutenant governor:
(i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
(ii) a certified copy of the court order approving the dissolution.
(b) Upon the lieutenant governor's issuance of a certificate of dissolution under Section 67-1a-6.5:
(i) the municipality is dissolved; and
(ii) the court shall:
(A) if the dissolved municipality was located within the boundary of a single county, submit to the recorder of that county:
(I) a certified copy of the court order approving dissolution of the municipality; and
(II) the original certificate of dissolution; or
(B) if the dissolved municipality was located within the boundaries of more than a single county:
(I) submit to the recorder of one of those counties:
(Aa) a certified copy of the court order approving dissolution of the municipality; and
(Bb) the original certificate of dissolution; and
(II) submit to the recorder of each other county:
(Aa) a certified copy of the court order approving dissolution of the municipality; and
(Bb) a certified copy of the certificate of dissolution.
(3)
(a) The effective date of a dissolution of a municipality for purposes of assessing property within the dissolved municipality is governed by Section 59-2-305.5.
(b) Until the documents listed in Subsection (2)(b)(ii) are recorded in the office of the recorder of each county in which the property is located, a county in which a dissolved municipality is located may not:
(i) levy or collect a property tax on property within the former boundary of the dissolved municipality unless the county was levying and collecting the tax immediately before dissolution;
(ii) levy or collect an assessment on property within the former boundary of the dissolved municipality unless the county was levying and collecting the assessment immediately before dissolution; or
(iii) charge or collect a fee for service provided to property within the former boundary of the dissolved municipality unless the county was levying and collecting the fee immediately before dissolution.
Amended by Chapter 350, 2009 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 1 - General Provisions › Section 103 - Incorporation of a contiguous area -- Incorporation involving more than one county.

Effective 5/3/2023
10-2a-103.
Incorporation of a contiguous area -- Incorporation involving more than one county.
(1) A contiguous area of a county not within a municipality may incorporate as a municipality as provided in this chapter.
(2) If a proposed incorporation relates to an area in more than one county:
(a) the individual who files the feasibility request shall file the request with each county containing a portion of the area proposed for incorporation; and
(b) the counties shall work together, in accordance with direction given by the lieutenant governor, to complete the actions required by this chapter.
Amended by Chapter 224, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 1 - General Provisions › Section 104 - Elections governed by the Election Code.

Effective 5/3/2023
10-2a-104.
Elections governed by the Election Code.
Except as otherwise provided in this chapter, each election under this chapter is governed by the provisions of Title 20A, Election Code.
Amended by Chapter 224, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 1 - General Provisions › Section 106 - Feasibility request filed before changes to law take effect.

Effective 5/3/2023
10-2a-106.
Feasibility request filed before changes to law take effect.
(1) If an individual files a feasibility request for incorporation of a city or town before May 14, 2019, the process for incorporating the city or town is not subject to Laws of Utah 2019, Chapter 165 or Laws of Utah 2023, Chapter 224, and is instead subject to the municipal incorporation law in effect on the day on which the individual files the feasibility request.
(2) If an individual files a feasibility request for incorporation of a city or town before May 3, 2023, the process for incorporating the city or town is not subject to Laws of Utah 2023, Chapter 224, and is subject to the municipal incorporation law in effect on the day on which the individual files the feasibility request.
Revisor instructions Chapter 224, 2023 General Session
Amended by Chapter 224, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 2 - Incorporation of a Municipality › Section 202 - Feasibility request -- Requirements -- Limitations.

Effective 5/3/2023
10-2a-202.
Feasibility request -- Requirements -- Limitations.
(1) The process to incorporate a contiguous area of a county as a municipality is initiated by an individual filing a feasibility request, with the county clerk of the county where the area proposed to be incorporated is located, that includes:
(a) the signatures of the owners of private real property that:
(i) is located within the area proposed to be incorporated;
(ii) covers at least 10% of the total private land area within the area; and
(iii) is, as of January 1 of the current year, equal in assessed fair market value to at least 7% of the assessed fair market value of all private real property within the area; and
(b) the typed or printed name and current residence address of each owner signing the request.
(2) The feasibility request shall include:
(a) a description of the contiguous area proposed to be incorporated as a municipality;
(b) a designation of up to five signers of the request as sponsors, one of whom is designated as the contact sponsor, with the mailing address and telephone number of each;
(c) an accurate map or plat, prepared by a licensed surveyor, showing a legal description of the boundaries of the proposed municipality; and
(d) a request that the lieutenant governor commission a study to determine the feasibility of incorporating the area as a municipality.
(3) The individual described in Subsection (1) shall, on the day on which the individual files the feasibility request with the county clerk, provide to the lieutenant governor:
(a) written notice that the individual filed the feasibility request that indicates the day on which the individual filed the feasibility request; and
(b) a complete copy of the feasibility request.
(4) A feasibility request may not propose for incorporation an area that includes some or all of an area that is the subject of a completed feasibility study or supplemental feasibility study whose results comply with Subsection 10-2a-205(5)(a) unless:
(a) the proposed incorporation that is the subject of the completed feasibility study or supplemental feasibility study has been defeated by the voters at an election under Section 10-2a-210; or
(b) the time described in Subsection 10-2a-208(1) for filing an incorporation petition based on the completed feasibility study or supplemental feasibility study has elapsed without the sponsors filing an incorporation petition under Section 10-2a-208.
(5) Sponsors may not file a feasibility request relating to the incorporation of a town if the cumulative private real property that the sponsors own exceeds 40% of the total private land area within the boundaries of the proposed town.
Amended by Chapter 224, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 2 - Incorporation of a Municipality › Section 209 - Processing of petition by county clerk -- Certification or rejection -- Petition modification.

Effective 5/3/2023
10-2a-209.
Processing of petition by county clerk -- Certification or rejection -- Petition modification.
(1) Within 45 days after the day on which a petition for incorporation is filed under Section 10-2a-208, the county clerk shall:
(a)
(i) use the procedures described in Section 20A-1-1002 todetermine whether a signer is a registered voter; and
(ii) determine whether the petition for incorporation complies with Section 10-2a-208; and
(b)
(i) if the county clerk determines that the petition for incorporation complies with Section 10-2a-208, certify the petition for incorporation and notify in writing the contact sponsor of the certification; or
(ii) if the county clerk determines that the petition for incorporation fails to comply with Section 10-2a-208, reject the petition for incorporation and notify the contact sponsor in writing of the rejection and the reasons for the rejection.
(2)
(a) If the county clerk rejects a petition for incorporation under Subsection (1)(b)(ii), the sponsors of the petition for incorporation may correct the deficiencies for which the petition for incorporation was rejected and refile the petition for incorporation with the county clerk.
(b) Notwithstanding the deadline described in Subsection 10-2a-208(1), the sponsors of the petition for incorporation may file a modified petition for incorporation under Subsection (2)(a) no later than 30 days after the day on which the county clerk notifies the contact sponsor of rejection under Subsection (1)(b)(ii).
(c) A valid signature on a petition for incorporation described in Section 10-2a-208 may be used toward fulfilling the signature requirement described in Subsection 10-2a-208(1) for a petition for incorporation that is modified under Subsection (2)(a).
(3)
(a) Within 20 days after the day on which the county clerk receives a modified petition for incorporation under Subsection (2)(a), the county clerk shall review the modified petition for incorporation in accordance with Subsection (1).
(b) The sponsors of a petition for incorporation may not modify the petition for incorporation more than once.
Amended by Chapter 116, 2023 General Session
Amended by Chapter 224, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 2 - Incorporation of a Municipality › Section 211 - Ballot used in incorporation election.

Effective 5/14/2019
10-2a-211.
Ballot used in incorporation election.
(1)
(a) The ballot used in an incorporation election described in Section 10-2a-210 shall pose the incorporation question substantially as follows:
"Shall the area described as (insert a description of the proposed municipality) be incorporated as (insert the proposed name of the proposed municipality)?"
(b) The ballot shall provide a space for the voter to answer "yes" or "no" to the question described in Subsection (1)(a).
(2) The ballot for an incorporation election for a proposed city shall also:
(a)
(i) pose the question relating to the form of government substantially as follows:
"If the above incorporation proposal passes, under what form of municipal government shall (insert the name of the proposed city) operate? Vote for one:
Five-member council form
Six-member council form
Five-member council-mayor form
Seven-member council-mayor form."
(ii) provide a space for the voter to vote for one form of government; and
(b)
(i) pose the question of whether to elect city council members by district substantially as follows:
"If the above incorporation proposal passes, shall members of the city council of (insert the name of the proposed city) be elected by district?"; and
(ii) provide a space for the voter to answer "yes" or "no" to the question described in Subsection (2)(b)(i).
Amended by Chapter 165, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 2 - Incorporation of a Municipality › Section 212 - Notification to lieutenant governor of incorporation election results.

Effective 5/14/2019
10-2a-212.
Notification to lieutenant governor of incorporation election results.
Within 10 days after the day on which the county conducts a canvass of the incorporation election, the county clerk shall send written notice to the lieutenant governor of:
(1) the results of the election; and
(2) if the incorporation measure passes, the name of the municipality.
Amended by Chapter 165, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 2 - Incorporation of a Municipality › Section 213 - Determination of number of council members -- Determination of election districts -- Hearings and notice.

Effective 5/3/2023
10-2a-213.
Determination of number of council members -- Determination of election districts -- Hearings and notice.
(1) If the incorporation proposal passes, the sponsors of the petition for incorporation shall, within 60 days after the day on which the county conducts the canvass of the election under Section 10-2a-212:
(a) for the incorporation of a city:
(i) if the voters at the incorporation election choose the council-mayor form of government, determine the number of council members that will constitute the city council of the city; and
(ii) if the voters at the incorporation election vote to elect council members by district, determine the number of council members to be elected by district and draw the boundaries of those districts, which shall be substantially equal in population; and
(b) for the incorporation of any municipality:
(i) determine the initial terms of the mayor and members of the municipal council so that:
(A) the mayor and approximately half the members of the municipal council are elected to serve an initial term, of no less than one year, that allows the mayor's and members' successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(1); and
(B) the remaining members of the municipal council are elected to serve an initial term, of no less than one year, that allows the members' successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(2); and
(ii) submit in writing to the county legislative body the results of the determinations made by the sponsors under Subsections (1)(a) and (b)(i).
(2) A newly incorporated town shall operate under the five-member council form of government as defined in Section 10-3b-102.
(3) Before making a determination under Subsection (1)(a) or (b)(i), the sponsors of the petition for incorporation shall, under the direction of the county clerk, hold a public hearing within the future municipality on the applicable issues described in Subsections (1)(a) and (b)(i).
(4) Notice of the public hearing described in Subsection (3) shall be provided as follows:
(a) the county clerk shall provide notice for the future municipality, as a class B notice under Section 63G-30-102, for at least two weeks before the day of the public hearing; and
(b) if the future municipality has a website, the sponsors of the petition for incorporation shall post notice on the future municipality's website for at least two weeks before the day of the public hearing.
(5) The county clerk may bill the petition sponsors for the cost of preparing, printing, and publishing the notice described in Subsection (4).
Amended by Chapter 224, 2023 General Session
Revisor instructions Chapter 224, 2023 General Session
Amended by Chapter 224, 2023 General Session, (Coordination Clause)
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 2 - Incorporation of a Municipality › Section 214 - Notice of number of commission or council members to be elected and of district boundaries -- Declaration of candidacy for municipal office.

Effective 5/3/2023
10-2a-214.
Notice of number of commission or council members to be elected and of district boundaries -- Declaration of candidacy for municipal office.
(1) Within 20 days after the day on which a county legislative body receives the determination described in Subsection 10-2a-213(1)(b)(ii), the county clerk shall provide a notice, in accordance with Subsection (2), containing:
(a) the number of municipal council members to be elected for the new municipality;
(b) except as provided in Subsection (3), if some or all of the municipal council members are to be elected by district, a description of the boundaries of those districts;
(c) information about the deadline for an individual to file a declaration of candidacy to become a candidate for mayor or municipal council; and
(d) information about the length of the initial term of each of the municipal officers.
(2) The county clerk shall provide the notice described in Subsection (1) for the future municipality, as a class B notice under Section 63G-30-102, for two weeks.
(3) Instead of including a description of the district boundaries under Subsection (1)(b), the notice may include a statement that specifies the following sources where a resident of the future municipality may view or obtain a copy of the district boundaries:
(a) the county website;
(b) the physical address of the county clerk's office; and
(c) a mailing address and telephone number.
(4) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to become a candidate for mayor or municipal council of a municipality incorporating under this part shall file a declaration of candidacy with the clerk of the county in which the future municipality is located and in accordance with:
(a) for an incorporation held on the date of a regular general election, the deadlines for filing a declaration of candidacy under Section 20A-9-202; or
(b) for an incorporation held on the date of a municipal general election, the deadlines for filing a declaration of candidacy under Section 20A-9-203.
Amended by Chapter 224, 2023 General Session
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 2 - Incorporation of a Municipality › Section 216 - Notification to lieutenant governor of election of municipal officers.

Effective 5/14/2019
10-2a-216.
Notification to lieutenant governor of election of municipal officers.
Within 10 days after the day on which the county conducts the canvass of the final election of municipal officers under Section 10-2a-215, the county clerk shall send written notice to the lieutenant governor of the name and position of each officer elected in a new municipality and the term for which each has been elected.
Amended by Chapter 165, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 2 - Incorporation of a Municipality › Section 217 - Filing of notice and approved final local entity plat with lieutenant governor -- Effective date of incorporation -- Necessity of recording documents and effect of not recording.

Effective 5/14/2019
10-2a-217.
Filing of notice and approved final local entity plat with lieutenant governor -- Effective date of incorporation -- Necessity of recording documents and effect of not recording.
(1) The mayor of the future municipality shall:
(a) within 30 days after the day of the canvass of the final election of municipal officers under Section 10-2a-215, file with the lieutenant governor:
(i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that complies with Subsection 67-1a-6.5(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
(b) upon the lieutenant governor's issuance of a certificate of incorporation under Section 67-1a-6.5:
(i) if the municipality is located within the boundary of a single county, submit to the recorder of that county the original:
(A) notice of an impending boundary action;
(B) certificate of incorporation; and
(C) approved final local entity plat; or
(ii) if the municipality is located within the boundaries of more than one county, submit the original of the documents described in Subsection (1)(b)(i) to one of those counties and a certified copy of those documents to each other county.
(2)
(a) The incorporation of a new municipality is effective upon the lieutenant governor's issuance of a certificate of incorporation under Section 67-1a-6.5.
(b) Notwithstanding any other provision of law, a municipality is conclusively presumed to be lawfully incorporated and existing if, for two years following the municipality's incorporation:
(i)
(A) the municipality has levied and collected a property tax; or
(B) for a municipality incorporated on or after July 1, 1998, the municipality has imposed a sales and use tax; and
(ii) no challenge to the existence or incorporation of the municipality has been filed in the district court for the county in which the municipality is located.
(3)
(a) The effective date of an incorporation for purposes of assessing property within the new municipality is governed by Section 59-2-305.5.
(b) Until the documents listed in Subsection (1)(b) are recorded in the office of the recorder of each county in which the property is located, a newly incorporated municipality may not:
(i) levy or collect a property tax on property within the municipality;
(ii) levy or collect an assessment on property within the municipality; or
(iii) charge or collect a fee for service provided to property within the municipality.
Amended by Chapter 165, 2019 General Session