Utah Code § 2a-102 — Definitions.. Reproduced from the official Utah Code, with a citation summary, verification link, and related provisions.
§ 2a-102. Definitions.
Effective 5/1/2024 10-2a-102.
Definitions.
(1)
As used in this chapter:
(a)
"Community council area" means the cumulative areas within the geographic boundary of a community council that is formally recognized by a county of the first class pursuant to county ordinance.
(b)
"Community council municipality" means a municipality that results from the incorporation of unincorporated islands within a community council area.
(c)
"Contact sponsor" means the person designated in the feasibility request as the contact sponsor under Subsection 10-2a-202(3)(b).
(d)
(i)
"Contiguous" means, except as provided in Subsection (1)(d)(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)(d)(ii)(A) is greater than the average width of the strip of land connecting the geographically separate areas.
(e)
"Feasibility consultant" means a person or firm with the qualifications and expertise described in Subsection 10-2a-205(2)(b).
(f)
"Feasibility request" means a request, described in Section 10-2a-202, for a feasibility study for the proposed incorporation of a municipality.
(g)
(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)(g)(i).
(h)
"Municipal services district" means a special district created under Title 17B, Chapter 2a, Part 11, Municipal Services District Act.
(i)
"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.
Amended by Chapter 342, 2024 General Session Amended by Chapter 518, 2024 General Session
Not legal advice. Verify against the official source and consult a licensed Utah attorney.
Common questions
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The text above is transcribed from the Utah Code, the codified statutes of Utah. The official publisher link appears under "Verify the text" on this page.
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It addresses "Definitions.". Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Utah Code § 2a-102 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Utah source before relying on this text.
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