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

(1)  As used in this section, “specified landowner” means the same as that term is defined in Section 10-2a-204.5.

Terms Used In Utah Code 10-2a-207

  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
(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;
(b) a town, as classified in Section 10-2-301; or
(c) 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
(2)  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.

(3) 

(a)  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:

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

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

(b)  For purposes of Subsection (3)(a), an area is approved for annexation if a municipal legislative body:

(i)  approves an annexation petition proposing the annexation of an area that is part of the area proposed for incorporation under Section 10-2-407 or 10-2-408; or

(ii)  adopts an ordinance approving the annexation of an area that is part of the area proposed for incorporation under Section 10-2-418.

(4)  The county clerk shall conduct the second public hearing:

(a)  within 60 days after the day on which the county clerk receives the results under Subsection (2) or (3)(a)(ii);

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

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

(5)  The county clerk shall:

(a)  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

(b)  hold the public hearing described in Subsection (5)(a):

(i)  within 30 days after the day on which the county clerk receives the results of the supplemental feasibility study;

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

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

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

(6)  At each public hearing required under this section, the county clerk shall:

(a)  provide a map or plat of the boundary of the proposed municipality;

(b)  provide a copy of the applicable feasibility study for public review;

(c)  allow members of the public to express views about the proposed incorporation, including views about the proposed boundaries; and

(d)  allow the public to ask the feasibility consultant questions about the applicable feasibility study.

(7)  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.

(8) 

(a)  Except as provided in Subsection (8)(b), for a hearing described in this section, the notice described in Subsection (7) shall:

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

(ii)  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.

(b)  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:

(i)  the lieutenant governor’s website;

(ii)  the county’s website;

(iii)  the physical address of the county clerk’s office; and

(iv)  a mailing address and telephone number.

Revisor instructions Chapter 224, 2023 General Session
Amended by Chapter 224, 2023 General Session, (Coordination Clause)
Amended by Chapter 224, 2023 General Session
Amended by Chapter 435, 2023 General Session

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