Contact sponsor: means the person designated in the feasibility request as the contact sponsor under Subsection 10-2a-202(2)(d). See Utah Code 10-2a-102
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Feasibility request: means a request, described in Section 10-2a-202, for a feasibility study for the proposed incorporation of a municipality. See Utah Code 10-2a-102
a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
(a)
“Contact sponsor” means the person designated in the feasibility request as the contact sponsor under Subsection 10-2a-202(2)(d).
(b)
(i)
“Contiguous” means, except as provided in Subsection (1)(b)(ii), the same as that term is defined in Section 10-1-104.
(ii)
“Contiguous” does not include a circumstance where:
(A)
two areas of land are only connected by a strip of land between geographically separate areas; and
(B)
the distance between the geographically separate areas described in Subsection (1)(b)(ii)(A) is greater than the average width of the strip of land connecting the geographically separate areas.
(c)
“Feasibility consultant” means a person or firm:
(i)
with expertise in the processes and economics of local government; and
(ii)
who is independent of and not affiliated with a county or sponsor of a petition to incorporate.
(d)
“Feasibility request” means a request, described in Section 10-2a-202, for a feasibility study for the proposed incorporation of a municipality.
(e)
(i)
“Municipal service” means any of the following that are publicly provided:
(A)
culinary water;
(B)
secondary water;
(C)
sewer service;
(D)
storm drainage or flood control;
(E)
recreational facilities or parks;
(F)
electrical power generation or distribution;
(G)
construction or maintenance of local streets and roads;
(H)
street lighting;
(I)
curb, gutter, and sidewalk maintenance;
(J)
law or code enforcement service;
(K)
fire protection service;
(L)
animal services;
(M)
planning and zoning;
(N)
building permits and inspections;
(O)
refuse collection; or
(P)
weed control.
(ii)
“Municipal service” includes the physical facilities required to provide a service described in Subsection (1)(e)(i).
(f)
“Private,” with respect to real property, means taxable property.
(2)
For purposes of this part:
(a)
the owner of real property shall be the record title owner according to the records of the county recorder on the date of the filing of the feasibility request or petition for incorporation; and
(b)
the assessed fair market value of private real property shall be determined according to the last assessment roll for county taxes before the filing of the feasibility request or petition for incorporation.
(3)
For purposes of each provision of this part that requires the owners of private real property covering a percentage or fraction of the total private land area within an area to sign a feasibility request or a petition for incorporation:
(a)
a parcel of real property may not be included in the calculation of the required percentage or fraction unless the feasibility request or petition for incorporation is signed by:
(i)
except as provided in Subsection (3)(a)(ii), owners representing a majority ownership interest in that parcel; or
(ii)
if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that parcel;
(b)
the signature of a person signing a feasibility request or a petition for incorporation in a representative capacity on behalf of an owner is invalid unless:
(i)
the person’s representative capacity and the name of the owner the person represents are indicated on the feasibility request or petition for incorporation with the person’s signature; and
(ii)
the person provides documentation accompanying the feasibility request or petition for incorporation that substantiates the person’s representative capacity; and
(c)
subject to Subsection (3)(b), a duly appointed personal representative may sign a feasibility request or a petition for incorporation on behalf of a deceased owner.
