Utah SB 258: S.B. 258 Municipal Incorporation Amendments

Bill Text

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LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: T.R. Vaughn 6
6 03-01-24 5:13 PM 6
S.B. 258
2nd Sub. (Salmon)
Representative James A. Dunnigan proposes the following substitute bill:
1 MUNICIPAL INCORPORATION AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis S. Bramble
5 House Sponsor: James A. Dunnigan
6
7 LONG TITLE
8 General Description:
9 This bill amends the Utah Municipal Code to provide for a pilot program for the
10 incorporation of a preliminary municipality.
11 Highlighted Provisions:
12 This bill:
13 < defines terms;
14 < establishes a process for landowners to incorporate a preliminary municipality for
15 the purpose of developing land for eventual incorporation into a town;
16 < describes requirements and procedures for applying to incorporate an area as a
17 preliminary municipality;
18 < describes the responsibilities of the lieutenant governor and a county clerk in
19 relation to the processes described in this bill;
20 < establishes the procedure for incorporating an area as a preliminary municipality,
21 including a feasibility study, a public hearing, and the posting of a bond;
22 < describes development requirements;
23 < provides for appointment of a board and a board chair for a preliminary
24 municipality;
25 < addresses the powers of, and limitations on, a preliminary municipality;
*SB0258S02*

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26 < requires for the transition of a preliminary municipality to a town when the
27 population of the preliminary municipality reaches a certain level;
28 < describes the requirements and procedures for transitioning a preliminary
29 municipality into a town;
30 < provides for the election of officers for the future town;
31 < provides a sunset date for the provisions of this bill; and
32 < makes technical and conforming changes.
33 Money Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 None
37 Utah Code Sections Affected:
38 AMENDS:
39 10-1-104, as last amended by Laws of Utah 2015, Chapter 352
40 10-2a-201.5, as last amended by Laws of Utah 2023, Chapter 224
41 10-2a-202, as last amended by Laws of Utah 2023, Chapter 224
42 63I-1-210, as last amended by Laws of Utah 2022, Chapter 274
43 ENACTS:
44 10-2a-501, Utah Code Annotated 1953
45 10-2a-502, Utah Code Annotated 1953
46 10-2a-503, Utah Code Annotated 1953
47 10-2a-504, Utah Code Annotated 1953
48 10-2a-505, Utah Code Annotated 1953
49 10-2a-506, Utah Code Annotated 1953
50 10-2a-507, Utah Code Annotated 1953
51 10-2a-508, Utah Code Annotated 1953
52 10-2a-509, Utah Code Annotated 1953
53 10-2a-510, Utah Code Annotated 1953
54
55 Be it enacted by the Legislature of the state of Utah:
56 Section 1. Section 10-1-104 is amended to read:

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57 10-1-104. Definitions.
58 As used in this title:
59 (1) "City" means a municipality that is classified by population as a city of the first
60 class, a city of the second class, a city of the third class, a city of the fourth class, or a city of
61 the fifth class, under Section 10-2-301.
62 (2) "Contiguous" means:
63 (a) if used to described an area, continuous, uninterrupted, and without an island of
64 territory not included as part of the area; and
65 (b) if used to describe an area's relationship to another area, sharing a common
66 boundary.
67 (3) "Governing body" means collectively the legislative body and the executive of any
68 municipality. Unless otherwise provided:
69 (a) in a city of the first or second class, the governing body is the city commission;
70 (b) in a city of the third, fourth, or fifth class, the governing body is the city council;
71 (c) in a town, the governing body is the town council; and
72 (d) in a metro township, the governing body is the metro township council.
73 (4) "Municipal" means of or relating to a municipality.
74 (5) "Municipality" means:
75 (a) a city of the first class, city of the second class, city of the third class, city of the
76 fourth class, city of the fifth class;
77 (b) a town, as classified in Section 10-2-301; [or]
78 (c) a metro township as that term is defined in Section 10-2a-403 unless the term is
79 used in the context of authorizing, governing, or otherwise regulating the provision of
80 municipal services[.]; or
81 (d) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a
82 Preliminary Municipality.
83 (6) "Peninsula," when used to describe an unincorporated area, means an area
84 surrounded on more than 1/2 of its boundary distance, but not completely, by incorporated
85 territory and situated so that the length of a line drawn across the unincorporated area from an
86 incorporated area to an incorporated area on the opposite side shall be less than 25% of the
87 total aggregate boundaries of the unincorporated area.

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88 (7) "Person" means an individual, corporation, partnership, organization, a