Definitions.

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  • (1) As used in this part:
    • (a) "Feasibility consultant" means a person or firm:
      • (i) with expertise in the processes and economics of local government; and
      • (ii) who is independent of and not affiliated with a county or sponsor of a petition to incorporate.
    • (b)
      • (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)(b)(i).
    • (c) "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 request or petition; and
    • (b) the value of private real property shall be determined according to the last assessment roll for county taxes before the filing of the request or petition.
  • (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 request or petition:
    • (a) a parcel of real property may not be included in the calculation of the required percentage or fraction unless the request or petition 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 request or petition 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 request or petition with the person's signature; and
      • (ii) the person provides documentation accompanying the request or petition that substantiates the person's representative capacity; and
    • (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a request or petition on behalf of a deceased owner.




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