10-2a-220. Costs of incorporation -- Fees established by lieutenant governor.
(1) There is created an expendable special revenue fund known as the "Municipal Incorporation Expendable Special Revenue Fund." The fund shall consist of: appropriations from the Legislature; payments that feasibility request sponsors make to the lieutenant governor under Subsectionsand; and 10-2a-205(1)(b) 10-2a-206(1)(f) fees the lieutenant governor collects and remits to the fund under this section. The lieutenant governor shall deposit all money collected under this section into the fund.
(2) The lieutenant governor shall establish a fee in accordance with Sectionfor a cost incurred by the lieutenant governor or the county for an incorporation proceeding, including: 63J-1-504 a request certification; a petition certification; publication of notices; public hearings; all other incorporation activities occurring after the elections; and any other cost incurred by the lieutenant governor or county in relation to an incorporation proceeding. A cost under Subsectiondoes not include a cost incurred by a county for holding an election under Section. (2)(a) 10-2a-210
(3) Subject to Subsectionsand, the lieutenant governor shall pay for a cost described in Subsectionusing funds from the Municipal Incorporation Expendable Special Revenue Fund. 10-2a-205(1)(b) 10-2a-206(2)(h) (2)(a)
(4) A newly incorporated municipality shall: pay to the lieutenant governor each fee established under Subsectionfor each cost described in Subsectionincurred by the lieutenant governor or the county; (2) (2)(a) pay the county for a cost described in Subsection; and (2)(b) reimburse feasibility request sponsors the cost the feasibility request sponsors paid for: a feasibility study under Section; and 10-2a-205 any supplemental feasibility study under Section. 10-2a-206 The lieutenant governor shall execute a payback agreement with each new municipality for the new municipality to pay the fees described in Subsectionover a period that, except as provided in Subsection, may not exceed five years. (4)(a) (4)(c) If necessary, the lieutenant governor may extend a fee payment deadline beyond the deadline described in Subsectionby amending the payback agreement described in Subsection. (4)(b) (4)(b) The lieutenant governor shall deposit each fee the lieutenant governor collects under Subsectioninto the Municipal Incorporation Expendable Special Revenue Fund. (4)(a)(i)
(5) If the lieutenant governor expends funds from the Municipal Incorporation Expendable Special Revenue Fund that are not repaid to the lieutenant governor under Subsectionbecause an area did not incorporate as a municipality, the Legislature shall appropriate money to the fund in an amount equal to the funds that are not repaid. (4)(a)(i)