10-2a-204.3. Notice to property owners -- First public hearing.

629 words·~3 min read·/ut/title-10/chapter-2a/10-2a-204-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)The county clerk shall:

(a)hold the first public hearing in relation to the proposed incorporation, at a location approved by the lieutenant governor, no later than 30 days after the day on which the lieutenant governor certifies the feasibility request under Subsection 10-2a-204 (5);

(b)publish notice of the hearing in accordance with Subsection 10-2a-207 (7); and

(c)within seven calendar days after the day on which the lieutenant governor certifies the feasibility request under Subsection 10-2a-204 (5), mail written notice of the proposed incorporation and of the first public hearing described in this section to:

(i)each residence within, and each owner of real property located within:

(A)the proposed incorporation boundaries; and

(B)300 feet of the proposed incorporation boundaries;

(ii)the contact sponsor; and

(iii)the lieutenant governor.

(2)The written notice provided by the county clerk under Subsections (1)(b) and

(c)shall include:

(a)the following statement:

"NOTICE OF PROPOSED INCORPORATION AND FIRST PUBLIC HEARING

You have received this notice because you reside or own property within an area proposed for incorporation, or an area within 300 feet of an area proposed for incorporation. The first public hearing in relation to the proposed incorporation will be held on [insert date, time, and location]. The purpose of the first public hearing is to provide information regarding the proposed incorporation, the incorporation process, including the process for deciding whether to incorporate, and certain rights you may have in relation to the proposed incorporation.

A specified landowner, as defined in Utah Code Section 10-2a-204.5 , may, within 30 days after the day of the public hearing, request that the county clerk exclude all or part of the specified landowner's land from the area proposed for incorporation. A specified landowner may not request exclusion after the end of the 30-day period. Any owner of land within a county where the area proposed for incorporation is located may, within 30 days after the day of the public hearing, request that the county clerk include all or part of that land in the area proposed for incorporation.

An owner of land may not request inclusion after the end of the 30-day period."; and

(b)a clear description of the area proposed for incorporation.

(3)Notwithstanding that the county conducts the first public hearing, the lieutenant governor, or a designee of the lieutenant governor, shall:

(a)direct the proceedings at the first public hearing, with the assistance of the county clerk as needed;

(b)provide information regarding the proposed incorporation, the incorporation process, including the process for deciding whether to incorporate, and the rights citizens may have in relation to the proposed incorporation;

(c)describe the process by which a specified landowner may request that the county clerk exclude all or part of the specified landowner's land from the area proposed for incorporation;

(d)describe the process by which an owner of land described in Subsection 10-2a-204.5 (2)(b) may request that the county clerk include all or part of that land in the area proposed for incorporation;

(e)describe the criteria for granting a request for exclusion or inclusion of land; and

(f)answer questions from individuals who attend the first public hearing.

(4)The contact sponsor, or an agent of the contact sponsor, and the county clerk, or an employee of the county clerk designated by the county clerk, shall attend the first public hearing.

(5)The county clerk shall:

(a)provide the location and equipment for the public hearing, subject to approval by the lieutenant governor; and

(b)ensure compliance with the requirements of Title 52, Chapter 4, Open and Public Meetings Act, in relation to the public hearing.

Amended by Chapter 518 , 2024 General Session