10-2-104 - Notice to owner of more than 1% of property -- Exclusion of property from proposed boundaries.
10-2-104. Notice to owner of more than 1% of property -- Exclusion of propertyfrom proposed boundaries.
(1) Within seven calendar days of the date on which a request under Section 10-2-103 isfiled, the county clerk shall notify of the proposed incorporation each owner of real propertyowning more than 1% of the assessed value of all property in the proposed incorporationboundaries.
(2) (a) A property owner within the boundaries of a proposed municipality, owning morethan 1% of the assessed value of all property in the proposed incorporation boundaries, mayexclude all or part of the property owner's property from the proposed boundaries by filing aNotice of Exclusion within 10 calendar days of receiving the clerk's notice under Subsection (1).
(b) The county legislative body shall exclude the property identified in the Notice ofExclusion from the proposed boundaries only if the property:
(i) is currently nonurban;
(ii) does not or will not require municipal provision of municipal-type services including:
(A) culinary or irrigation water;
(B) sewage collection or treatment;
(C) storm drainage or flood control;
(D) recreational facilities or parks;
(E) electric generation or transportation;
(F) construction or maintenance of local streets and roads;
(G) curb and gutter or sidewalk maintenance;
(H) garbage and refuse collection; and
(I) street lighting; and
(iii) exclusion will not leave an unincorporated island within the proposed municipality.
(3) This section applies only to counties of the first or second class.
(4) If the county legislative body excludes property from the proposed boundaries underSubsection (2)(b), the county legislative body shall, within five days of the exclusion, sendwritten notice of its action to the contact sponsor.
Amended by Chapter 129, 2003 General Session