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Show February 1 03.qxd 12/7/2021 3:33 PM Page 12 THE OGDEN VALLEY NEWS Page 12 Volume VII Issue VIII February 1, 2003 Legal Steps in Pursuing a Feasibility Study According to the Utah Code, Section 10-2-103 through Section 10-2-108, a request to the county for a feasibility study for incorporation requires, a request: (xii) 10-2-103 (2) (a) be 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 the area; (b) indicate the typed or printed name and current residence address of each owner signing the request; (c) describe the contiguous area proposed to be incorporated as a city; (d) designate up to five signers of the request as sponsors, one of whom shall be designated as the contact sponsor . . . ; (e) be accompanied by and circulated with an accurate map or plat, prepared by a licensed surveyor, showing the boundaries of the proposed city; and (f) request the county legislative body to commission a study to determine the feasibility of incorporating the area as a city . . . (1) (2) poration; and (xiii) whether the legislative body of the county in which the area proposed to be incorporated favors the incorporation proposal. (b) For purposes of Subsection (4)(a)(ix), the feasibility consultant shall assume (c) (i) (ii) (A) 10-2-106 Within 60 days of receipt of a certified request under Subsection 10-2-105(1)(b)(i), the county legislative body shall engage the feasibility consultant chosen under Subsection (2) to conduct a feasibility study. The feasibility consultant shall be chosen by a majority vote of a selection committee consisting of: (a) a person designated by the county legislative body; (b) a person designated by the sponsors of the request for a feasibility study; and (c) a person designated by the governor. (3) The county legislative body shall require the feasibility consultant to: (a) complete the feasibility study and submit the written results to the county legislative body and the contact sponsors no later than 90 days after the feasibility consultant is engaged to conduct the study; (b) submit with the full written results of the feasibility study a summary of the results no longer than one page in length; and (c) attend the public hearings . . . and present the feasibility study results and respond to questions from the public at those hearings. (4) (a) The feasibility study shall consider: (i) the population and population density within the area proposed for incorporation and the surrounding area; (ii) the history, geography, geology, and topography of and natural boundaries within the area proposed to be incorporated and the surrounding area; (iii) whether the proposed boundaries eliminate or create an unincorporated island or peninsula; (iv) whether the proposed incorporation will hinder or prevent a future and more logical and beneficial incorporation or a future logical and beneficial annexation; (v) the fiscal impact on unincorporated area, other municipalities, special districts, and other governmental entities in the county; (vi) current and five-year projections of demographics and economic base in the proposed city and surrounding area, including household size and income, commercial and industrial development, and public facilities; (vii) projected growth in the proposed city and in adjacent areas during the next five years; (viii) subject to Subsection (4)(c), the present and five-year projections of the cost, including overhead, of governmental services in the proposed city; (ix) the present and five-year projected revenue for the proposed city; (x) the projected impact the incorporation will have over the following five years on the amount of taxes that property owners within the proposed city and in the remaining unincorporated county will pay; (xi) past expansion in terms of population and construction in the proposed city and the surrounding area; the extension of the boundaries of other nearby municipalities during the past ten years, the willingness of those municipalities to annex the area proposed for incorporation within the next five years except for the incor- (B) (C) (i) (i) ad valorem property tax rates on residential property within the proposed city at the same level at which they would have been without the incorporation. For purposes of Subsection (4)(a)(viii): the feasibility consultant shall assume a level and quality of governmental services to be provided to the proposed city in the future that fairly and reasonably approximate the level and quality of governmental services being provided to the proposed city at the time of the feasibility study; in determining the present cost of a governmental service, the feasibility consultant shall consider: the amount it would cost the proposed city itself to provide the service after incorporation; if the county is currently providing the service to the proposed city, the county’s cost of providing the service; and if the county is not currently providing the service to the proposed city, the amount the proposed city can reasonably expect to pay for the service under a contract for the service; and the five-year projected cost of a governmental service shall be based on the amount calculated under Subsection (4)(c)(ii), taking into account inflation and anticipated growth. If the results of the feasibility study or revised feasibility study do not meet the requirements of Subsection 10-2-109(3), the feasibility consultant shall, as part of the feasibility study or revised feasibility study and if requested by the sponsors of the request, make recommendations as to how the boundaries of the proposed city may be altered so that the requirements of Subsection 10-2-109(3) may be met. 10-2-107 (1) (a)(i) The sponsors of a request may modify the request to alter the boundaries of the proposed city and then refile the request, as modified, with the country clerk . . . 10-2-108 (1) If the results of the feasibility study or supplemental feasibility study meet the requirements of Subsection 10-2-109(3), the county legislative body shall, at its next regular meeting after receipt of the results of the feasibility study or supplemental feasibility study, schedule at least two public hearings to be held: (a) within the following 60 days; (b) at least seven days apart; (c) in geographically diverse locations with the proposed city; and (d) for the purpose of allowing: (i) the feasibility consultant to present the results of the study; and (ii) the public to become informed about the feasibility study results and to ask questions about those results of the feasibility consultant. 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