(1) The process to incorporate a contiguous area of a county as a municipality is
initiated by an individual filing a request for a feasibility study with the Office
of the Lieutenant Governor that:
(a) is signed by the owners of private real property that:
(i) is located within the area proposed to be incorporated;
(ii) covers at least 10% of the total private land area within the area; and
(iii) is equal in value to at least 7% of the value of all private real property within
(b) indicates the typed or printed name and current residence address of each owner
signing the request;
(c) describes the contiguous area proposed to be incorporated as a municipality;
(d) designates up to five signers of the request as sponsors, one of whom is designated
as the contact sponsor, with the mailing address and telephone number of each;
(e) is accompanied by and circulated with an accurate map or plat, prepared by a licensed
surveyor, showing a legal description of the boundaries of the proposed municipality;
(f) requests the lieutenant governor to commission a study to determine the feasibility
of incorporating the area as a municipality.
(2) A request for a feasibility study under this section may not propose for incorporation
an area that includes some or all of an area that is the subject of a completed feasibility
study or supplemental feasibility study whose results comply with Subsection 10-2a-205(6)(a) unless:
(a) the proposed incorporation that is the subject of the completed feasibility study
or supplemental feasibility study has been defeated by the voters at an election under
Section 10-2a-210; or
(b) the time described in Subsection 10-2a-208(1) for filing an incorporation petition based on the completed feasibility study or
supplemental feasibility study has elapsed without the sponsors filing an incorporation
petition under Section 10-2a-208.
(3) Sponsors may not file a request under this section regarding the incorporation
of a town if the cumulative private real property that the sponsors own exceeds 40%
of the total private land area within the boundaries of the proposed town.
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