United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-206

Sponsors may modify and refile a feasibility request if stated conditions are met, but deadline limits and follow-up study requirements apply.

Source excerpt

consultationcounty clerkcounty clerk processdocument reviewdocument submissionfeasibility requestfeasibility requestsfeasibility studyfiling deadlinesincorporation processlandowner noticemunicipal incorporationnotice to landownerssupplemental feasibility study

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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Modified feasibility request -- Supplemental feasibility study.

Sponsors may modify and refile a feasibility request if stated conditions are met, but deadline limits and follow-up study requirements apply.

Section 10-2a-206

Subsection 10-2a-206(2)(b)(ii)

The sponsors of a feasibility request may not file a modified request under Subsection (2)(a)(ii) more than 18 months after filing the original feasibility request.

Section 10-2a-206(2)(b)(ii)

Subsection 10-2a-206(2)(f)

A specified landowner in the added area may ask to exclude land from proposed incorporation boundaries by filing with the county clerk within 30 days after the clerk mails the notice.

Section 10-2a-206(2)(f)

Subsection 10-2a-206(5)(b)

The county clerk and lieutenant governor have issued a final determination on requests for exclusion filed under Subsection (2)(f).

Section 10-2a-206(5)(b)

Subsection 10-2a-206(7)(b)

A feasibility request under Section 10-2a-202 may not be filed within 18 months after the supplemental feasibility study date if it proposes incorporating an area included in that study.

Section 10-2a-206(7)(b)

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Showing 46 of 46 provisions

Provision 46

Part 10-2a-2

part 10-2a-2 Incorporation of a Municipality

§ 10-2a-206Modified feasibility request -- Supplemental feasibility study.Provision

Source excerpt

Sponsors may modify and refile a feasibility request if stated conditions are met, but deadline limits and follow-up study requirements apply.

Modified feasibility request -- Supplemental feasibility study. As used in this section, "specified landowner" means the same as that term is defined in Section 10-2a-204.5 . The sponsors of a feasibility request may modify the request to alter the boundaries of the proposed municipality and refile the modified feasibility request with the county clerk if: the results of the feasibility study do not comply with Subsection 10-2a-205(5)(a) ; or the feasibility request complies with Subsection 10-2a-201.5(4)(b) ; the annexation petition described in Subsection 10-2a-201.5(4)(b) that proposed the annexation of an area that is part of the area proposed for incorporation has been denied; and an incorporation petition based on the feasibility request has not been filed. The sponsors of a feasibility request may not file a modified request under Subsection (2)(a)(i) more than 90 days after the day on which the feasibility consultant submits the final results of the feasibility study under Subsection 10-2a-205(2)(c)(iii) . The sponsors of a feasibility request may not file a modified request under Subsection (2)(a)(ii) more than 18 months after filing the original feasibility request under Section 10-2a-202 . Subject to Subsection (2)(c)(ii) , each modified feasibility request under Subsection (2)(a) shall comply with Subsections 10-2a-202(1) , (3), (4), and (5) and Subsection 10-2a-201.5(4) . Notwithstanding Subsection (2)(c)(i) , a signature on a feasibility request filed under Section 10-2a-202 may be used toward fulfilling the signature requirement of Subsection 10-2a-202(1)(a) for the feasibility request as modified under Subsection (2)(a) , unless the modified feasibility request proposes the incorporation of an area that is more than 20% larger or smaller than the area described by the original feasibility request in terms of: private land area; or assessed fair market value of private real property, as of January 1 of the current year. Within 20 days after the day on which the county clerk receives the modified request, the county clerk and the lieutenant governor shall follow the same procedure described in Subsections 10-2a-204(1) through (6) for the modified feasibility request as for an original feasibility request. If a sponsor files a modified feasibility request that includes an area of land that was not included in the original feasibility request, the county clerk shall, within seven days after the day on which the sponsor files the modified feasibility request with the lieutenant governor, identify any new specified landowners located within the added area of land and mail written notice to each of the new specified landowners. The notice described in Subsection (2)(e)(i) shall: describe the added area of land; and state that a specified landowner who owns land within the added area may request exclusion of the land from the proposed incorporation boundaries by filing a request for exclusion with the county clerk within 30 days after the day on which the county clerk mails the notice. A specified landowner who owns land within the added area described in Subsection (2)( e)(i) may request exclusion of the land from the proposed incorporation boundaries by filing a request for exclusion with the county clerk within 30 days after the day on which the county clerk mails the notice described in Subsection (2)(e)(i) . The county clerk shall process a request for exclusion filed under Subsection ( 2)(f)(i) in accordance with Subsections 10-2a-204.5(3) through (7) , except that the deadlines calculated from the first public hearing in Section 10-2a-204.5 shall instead be calculated from the day on which the county clerk mails notice described in Subsection (2)(e)(i) . Within 10 days after the day on which the time period for a specified landowner to request exclusion under Subsection (2)(f) expires, or if a sponsor files a modified feasibility request that does not include a new area of land, within 10 days after the sponsor files the modified feasibility request, the lieutenant governor shall: estimate the cost of a supplemental feasibility study under this section; and provide the estimated cost to the feasibility request sponsors. Within 20 days after the lieutenant governor provides the estimated supplemental feasibility study cost, the feasibility request sponsors shall pay the estimated cost to the lieutenant governor for a supplemental feasibility study conducted on or after May 1, 2024. The timely filing of a modified feasibility request under Subsection (2) gives the modified feasibility request the same processing priority under Subsection 10-2a-204(7) as the original feasibility request if the feasibility request sponsors pay the estimated cost of the supplemental feasibility study as required in Subsection (2)(e) . Except as provided in Subsection (5) , within 10 days after the day on which the lieutenant governor receives payment of the estimated supplemental feasibility study cost, the lieutenant governor shall commission the feasibility consultant who conducted the feasibility study to conduct a supplemental feasibility study that accounts for the modified feasibility request. If a modified feasibility request includes an area of land that was not included in the original feasibility request, the lieutenant governor may not commission a supplemental feasibility study under Subsection (4) unless: the deadline for filing a request for exclusion described in Subsection (2)(f) has passed; and the county clerk and lieutenant governor have issued a final determination on any request for exclusion filed in accordance with Subsection (2)(f) . The lieutenant governor shall require the feasibility consultant to: submit a draft of the supplemental feasibility study to each applicable person with whom the feasibility consultant is required to consult under Subsection 10-2a-205(3)(c) within 30 days after the day on which the feasibility consultant is engaged to conduct the supplemental study; allow each person to whom the consultant provided a draft under Subsection (6)(a) to review and provide comment on the draft; and submit a completed supplemental feasibility study, to the following within 45 days after the day on which the feasibility consultant is engaged to conduct the feasibility study: the lieutenant governor; the county legislative body of the county in which the incorporation is proposed; the contact sponsor; and each person to whom the consultant provided a draft under Subsection (6)(a) . If the results of the supplemental feasibility study do not comply with Subsection 10-2a-205(5)(a) : the process to incorporate the area that is the subject of the supplemental feasibility study may not proceed; and a feasibility request under Section 10-2a-202 may not be filed within 18 months after the date of the supplemental feasibility study if the feasibility request proposes the incorporation of an area included within the area described in the supplemental feasibility study.

Section 10-2a-206Verify source

§ 10-2a-206(1)Subsection 10-2a-206(1)Provision

Source excerpt

This subsection defines “specified landowner” by cross-reference to Section 10-2a-204.5.

As used in this section, "specified landowner" means the same as that term is defined in Section 10-2a-204.5 .

Section 10-2a-206(1)Verify source

§ 10-2a-206(2)Subsection 10-2a-206(2)Provision

Source excerpt

Sponsors may modify and refile a feasibility request in limited circumstances, but only within set time limits. If a modified request adds land, the county clerk must notify new landowners, and affected landowners may seek exclusion within 30 days.

The sponsors of a feasibility request may modify the request to alter the boundaries of the proposed municipality and refile the modified feasibility request with the county clerk if: the results of the feasibility study do not comply with Subsection 10-2a-205(5)(a) ; or the feasibility request complies with Subsection 10-2a-201.5(4)(b) ; the annexation petition described in Subsection 10-2a-201.5(4)(b) that proposed the annexation of an area that is part of the area proposed for incorporation has been denied; and an incorporation petition based on the feasibility request has not been filed. The sponsors of a feasibility request may not file a modified request under Subsection (2)(a)(i) more than 90 days after the day on which the feasibility consultant submits the final results of the feasibility study under Subsection 10-2a-205(2)(c)(iii) . The sponsors of a feasibility request may not file a modified request under Subsection (2)(a)(ii) more than 18 months after filing the original feasibility request under Section 10-2a-202 . Subject to Subsection (2)(c)(ii) , each modified feasibility request under Subsection (2)(a) shall comply with Subsections 10-2a-202(1) , (3), (4), and (5) and Subsection 10-2a-201.5(4) . Notwithstanding Subsection (2)(c)(i) , a signature on a feasibility request filed under Section 10-2a-202 may be used toward fulfilling the signature requirement of Subsection 10-2a-202(1)(a) for the feasibility request as modified under Subsection (2)(a) , unless the modified feasibility request proposes the incorporation of an area that is more than 20% larger or smaller than the area described by the original feasibility request in terms of: private land area; or assessed fair market value of private real property, as of January 1 of the current year. Within 20 days after the day on which the county clerk receives the modified request, the county clerk and the lieutenant governor shall follow the same procedure described in Subsections 10-2a-204(1) through (6) for the modified feasibility request as for an original feasibility request. If a sponsor files a modified feasibility request that includes an area of land that was not included in the original feasibility request, the county clerk shall, within seven days after the day on which the sponsor files the modified feasibility request with the lieutenant governor, identify any new specified landowners located within the added area of land and mail written notice to each of the new specified landowners. The notice described in Subsection (2)(e)(i) shall: describe the added area of land; and state that a specified landowner who owns land within the added area may request exclusion of the land from the proposed incorporation boundaries by filing a request for exclusion with the county clerk within 30 days after the day on which the county clerk mails the notice. A specified landowner who owns land within the added area described in Subsection (2)( e)(i) may request exclusion of the land from the proposed incorporation boundaries by filing a request for exclusion with the county clerk within 30 days after the day on which the county clerk mails the notice described in Subsection (2)(e)(i) . The county clerk shall process a request for exclusion filed under Subsection ( 2)(f)(i) in accordance with Subsections 10-2a-204.5(3) through (7) , except that the deadlines calculated from the first public hearing in Section 10-2a-204.5 shall instead be calculated from the day on which the county clerk mails notice described in Subsection (2)(e)(i) . Within 10 days after the day on which the time period for a specified landowner to request exclusion under Subsection (2)(f) expires, or if a sponsor files a modified feasibility request that does not include a new area of land, within 10 days after the sponsor files the modified feasibility request, the lieutenant governor shall: estimate the cost of a supplemental feasibility study under this section; and provide the estimated cost to the feasibility request sponsors. Within 20 days after the lieutenant governor provides the estimated supplemental feasibility study cost, the feasibility request sponsors shall pay the estimated cost to the lieutenant governor for a supplemental feasibility study conducted on or after May 1, 2024.

Section 10-2a-206(2)Verify source

§ 10-2a-206(2)(a)Subsection 10-2a-206(2)(a)Provision

Source excerpt

The sponsors of a feasibility request may modify it to change proposed municipal boundaries and refile it with the county clerk if specified conditions are met.

Section 10-2a-206(2)(a)Verify source

§ 10-2a-206(2)(a)(i)Subsection 10-2a-206(2)(a)(i)Provision

Source excerpt

the results of the feasibility study do not comply with Subsection 10-2a-205(5)(a) ; or

Section 10-2a-206(2)(a)(i)Verify source

§ 10-2a-206(2)(a)(ii)Subsection 10-2a-206(2)(a)(ii)Provision

Source excerpt

the feasibility request complies with Subsection 10-2a-201.5(4)(b) ; the annexation petition described in Subsection 10-2a-201.5(4)(b) that proposed the annexation of an area that is part of the area proposed for incorporation has been

Section 10-2a-206(2)(a)(ii)Verify source

§ 10-2a-206(2)(a)(ii)(A)Subsection 10-2a-206(2)(a)(ii)(A)Provision

Source excerpt

The feasibility request must comply with Subsection 10-2a-201.5(4)(b).

the feasibility request complies with Subsection 10-2a-201.5(4)(b) ;

Section 10-2a-206(2)(a)(ii)(A)Verify source

§ 10-2a-206(2)(a)(ii)(B)Subsection 10-2a-206(2)(a)(ii)(B)Provision

Source excerpt

the annexation petition described in Subsection 10-2a-201.5(4)(b) that proposed the annexation of an area that is part of the area proposed for incorporation has been denied; and

Section 10-2a-206(2)(a)(ii)(B)Verify source

§ 10-2a-206(2)(a)(ii)(C)Subsection 10-2a-206(2)(a)(ii)(C)Provision

Source excerpt

an incorporation petition based on the feasibility request has not been filed.

Section 10-2a-206(2)(a)(ii)(C)Verify source

§ 10-2a-206(2)(b)Subsection 10-2a-206(2)(b)Provision

Source excerpt

Sponsors of a feasibility request may not file a modified request under Subsection (2)(a)(i) more than 90 days after the feasibility consultant submits final study results, or under Subsection (2)(a)(ii) more than 18 months after filing the original feasibility request.

The sponsors of a feasibility request may not file a modified request under Subsection (2)(a)(i) more than 90 days after the day on which the feasibility consultant submits the final results of the feasibility study under Subsection 10-2a-205(2)(c)(iii) . The sponsors of a feasibility request may not file a modified request under Subsection (2)(a)(ii) more than 18 months after filing the original feasibility request under Section 10-2a-202 .

Section 10-2a-206(2)(b)Verify source

§ 10-2a-206(2)(b)(i)Subsection 10-2a-206(2)(b)(i)Provision

Source excerpt

Sponsors of a feasibility request may not file a modified request under Subsection (2)(a)(i) more than 90 days after the feasibility consultant submits the final study results.

Section 10-2a-206(2)(b)(i)Verify source

§ 10-2a-206(2)(b)(ii)Subsection 10-2a-206(2)(b)(ii)Provision

Source excerpt

The sponsors of a feasibility request may not file a modified request under Subsection (2)(a)(ii) more than 18 months after filing the original feasibility request.

The sponsors of a feasibility request may not file a modified request under Subsection (2)(a)(ii) more than 18 months after filing the original feasibility request under Section 10-2a-202 .

Section 10-2a-206(2)(b)(ii)Verify source

§ 10-2a-206(2)(c)Subsection 10-2a-206(2)(c)Provision

Source excerpt

A modified feasibility request must comply with specified cross-referenced provisions, and an earlier signature may count toward the signature requirement unless the proposed area changes by more than 20%.

Subject to Subsection (2)(c)(ii) , each modified feasibility request under Subsection (2)(a) shall comply with Subsections 10-2a-202(1) , (3), (4), and (5) and Subsection 10-2a-201.5(4) . Notwithstanding Subsection (2)(c)(i) , a signature on a feasibility request filed under Section 10-2a-202 may be used toward fulfilling the signature requirement of Subsection 10-2a-202(1)(a) for the feasibility request as modified under Subsection (2)(a) , unless the modified feasibility request proposes the incorporation of an area that is more than 20% larger or smaller than the area described by the original feasibility request in terms of: private land area; or assessed fair market value of private real property, as of January 1 of the current year.

Section 10-2a-206(2)(c)Verify source

§ 10-2a-206(2)(c)(i)Subsection 10-2a-206(2)(c)(i)Provision

Source excerpt

A modified feasibility request under Subsection (2)(a) must comply with specified code subsections, subject to Subsection (2)(c)(ii).

Subject to Subsection (2)(c)(ii) , each modified feasibility request under Subsection (2)(a) shall comply with Subsections 10-2a-202(1) , (3), (4), and (5) and Subsection 10-2a-201.5(4) .

Section 10-2a-206(2)(c)(i)Verify source

§ 10-2a-206(2)(c)(ii)Subsection 10-2a-206(2)(c)(ii)Provision

Source excerpt

A signature on a feasibility request may count toward the signature requirement for a modified feasibility request, unless the modified request proposes an area more than 20% larger or smaller than the original in private land area or assessed fair market value.

Notwithstanding Subsection (2)(c)(i) , a signature on a feasibility request filed under Section 10-2a-202 may be used toward fulfilling the signature requirement of Subsection 10-2a-202(1)(a) for the feasibility request as modified under Subsection (2)(a) , unless the modified feasibility request proposes the incorporation of an area that is more than 20% larger or smaller than the area described by the original feasibility request in terms of: private land area; or assessed fair market value of private real property, as of January 1 of the current year.

Section 10-2a-206(2)(c)(ii)Verify source

§ 10-2a-206(2)(c)(ii)(A)Subsection 10-2a-206(2)(c)(ii)(A)Provision

Source excerpt

private land area; or

Section 10-2a-206(2)(c)(ii)(A)Verify source

§ 10-2a-206(2)(c)(ii)(B)Subsection 10-2a-206(2)(c)(ii)(B)Provision

Source excerpt

assessed fair market value of private real property, as of January 1 of the current year.

Section 10-2a-206(2)(c)(ii)(B)Verify source

§ 10-2a-206(2)(d)Subsection 10-2a-206(2)(d)Provision

Source excerpt

Within 20 days after the county clerk receives the modified request, the county clerk and the lieutenant governor must follow the same procedure used for an original feasibility request.

Within 20 days after the day on which the county clerk receives the modified request, the county clerk and the lieutenant governor shall follow the same procedure described in Subsections 10-2a-204(1) through (6) for the modified feasibility request as for an original feasibility request.

Section 10-2a-206(2)(d)Verify source

§ 10-2a-206(2)(e)Subsection 10-2a-206(2)(e)Provision

Source excerpt

If a modified feasibility request adds land, the county clerk must identify new specified landowners in the added area and mail them written notice within 7 days. The notice must describe the added area and tell affected landowners they may seek exclusion within 30 days after mailing.

If a sponsor files a modified feasibility request that includes an area of land that was not included in the original feasibility request, the county clerk shall, within seven days after the day on which the sponsor files the modified feasibility request with the lieutenant governor, identify any new specified landowners located within the added area of land and mail written notice to each of the new specified landowners. The notice described in Subsection (2)(e)(i) shall: describe the added area of land; and state that a specified landowner who owns land within the added area may request exclusion of the land from the proposed incorporation boundaries by filing a request for exclusion with the county clerk within 30 days after the day on which the county clerk mails the notice.

Section 10-2a-206(2)(e)Verify source

§ 10-2a-206(2)(e)(i)Subsection 10-2a-206(2)(e)(i)Provision

Source excerpt

If a sponsor files a modified feasibility request that adds land not in the original request, the county clerk must identify any new specified landowners in the added area and mail each of them written notice within seven days after the filing with the lieutenant governor.

Section 10-2a-206(2)(e)(i)Verify source

§ 10-2a-206(2)(e)(ii)Subsection 10-2a-206(2)(e)(ii)Provision

Source excerpt

The notice must describe the added area of land, and a qualifying landowner may request exclusion of land from the proposed incorporation boundaries within 30 days after the county clerk mails the notice.

The notice described in Subsection (2)(e)(i) shall: describe the added area of land; and state that a specified landowner who owns land within the added area may request exclusion of the land from the proposed incorporation boundaries by filing a request for exclusion with the county clerk within 30 days after the day on which the county clerk mails the notice.

Section 10-2a-206(2)(e)(ii)Verify source

§ 10-2a-206(2)(e)(ii)(A)Subsection 10-2a-206(2)(e)(ii)(A)Provision

Source excerpt

describe the added area of land; and

Section 10-2a-206(2)(e)(ii)(A)Verify source

§ 10-2a-206(2)(e)(ii)(B)Subsection 10-2a-206(2)(e)(ii)(B)Provision

Source excerpt

state that a specified landowner who owns land within the added area may request exclusion of the land from the proposed incorporation boundaries by filing a request for exclusion with the county clerk within 30 days after the day on which

Section 10-2a-206(2)(e)(ii)(B)Verify source

§ 10-2a-206(2)(f)Subsection 10-2a-206(2)(f)Provision

Source excerpt

A specified landowner in the added area may ask to exclude land from proposed incorporation boundaries by filing with the county clerk within 30 days after the clerk mails the notice.

A specified landowner who owns land within the added area described in Subsection (2)( e)(i) may request exclusion of the land from the proposed incorporation boundaries by filing a request for exclusion with the county clerk within 30 days after the day on which the county clerk mails the notice described in Subsection (2)(e)(i) . The county clerk shall process a request for exclusion filed under Subsection ( 2)(f)(i) in accordance with Subsections 10-2a-204.5(3) through (7) , except that the deadlines calculated from the first public hearing in Section 10-2a-204.5 shall instead be calculated from the day on which the county clerk mails notice described in Subsection (2)(e)(i) .

Section 10-2a-206(2)(f)Verify source

§ 10-2a-206(2)(f)(i)Subsection 10-2a-206(2)(f)(i)Provision

Source excerpt

Section 10-2a-206(2)(f)(i)Verify source

§ 10-2a-206(2)(f)(ii)Subsection 10-2a-206(2)(f)(ii)Provision

Source excerpt

The county clerk must process certain exclusion requests under specified procedures, with a different starting point for related deadlines.

The county clerk shall process a request for exclusion filed under Subsection ( 2)(f)(i) in accordance with Subsections 10-2a-204.5(3) through (7) , except that the deadlines calculated from the first public hearing in Section 10-2a-204.5 shall instead be calculated from the day on which the county clerk mails notice described in Subsection (2)(e)(i) .

Section 10-2a-206(2)(f)(ii)Verify source

§ 10-2a-206(2)(g)Subsection 10-2a-206(2)(g)Provision

Source excerpt

The lieutenant governor must estimate the cost of a supplemental feasibility study and provide that estimate to the feasibility request sponsors.

Within 10 days after the day on which the time period for a specified landowner to request exclusion under Subsection (2)(f) expires, or if a sponsor files a modified feasibility request that does not include a new area of land, within 10 days after the sponsor files the modified feasibility request, the lieutenant governor shall: estimate the cost of a supplemental feasibility study under this section; and provide the estimated cost to the feasibility request sponsors.

Section 10-2a-206(2)(g)Verify source

§ 10-2a-206(2)(g)(i)Subsection 10-2a-206(2)(g)(i)Provision

Source excerpt

estimate the cost of a supplemental feasibility study under this section; and

Section 10-2a-206(2)(g)(i)Verify source

§ 10-2a-206(2)(g)(ii)Subsection 10-2a-206(2)(g)(ii)Provision

Source excerpt

provide the estimated cost to the feasibility request sponsors.

Section 10-2a-206(2)(g)(ii)Verify source

§ 10-2a-206(2)(h)Subsection 10-2a-206(2)(h)Provision

Source excerpt

The feasibility request sponsors must pay the estimated cost to the lieutenant governor within 20 days after the cost is provided.

Within 20 days after the lieutenant governor provides the estimated supplemental feasibility study cost, the feasibility request sponsors shall pay the estimated cost to the lieutenant governor for a supplemental feasibility study conducted on or after May 1, 2024.

Section 10-2a-206(2)(h)Verify source

§ 10-2a-206(3)Subsection 10-2a-206(3)Provision

Source excerpt

The timely filing of a modified feasibility request under Subsection (2) gives the modified feasibility request the same processing priority under Subsection 10-2a-204(7) as the original feasibility request if the feasibility request sponsors pay the estimated cost of the supplemental feasibility study as required in Subsection (2)(e) .

Section 10-2a-206(3)Verify source

§ 10-2a-206(4)Subsection 10-2a-206(4)Provision

Source excerpt

Except as provided in Subsection (5), the lieutenant governor must commission the feasibility consultant to conduct a supplemental feasibility study within 10 days after receiving payment of the estimated supplemental feasibility study cost.

Except as provided in Subsection (5) , within 10 days after the day on which the lieutenant governor receives payment of the estimated supplemental feasibility study cost, the lieutenant governor shall commission the feasibility consultant who conducted the feasibility study to conduct a supplemental feasibility study that accounts for the modified feasibility request.

Section 10-2a-206(4)Verify source

§ 10-2a-206(5)Subsection 10-2a-206(5)Provision

Source excerpt

The lieutenant governor may not commission a supplemental feasibility study for a modified feasibility request that adds land unless the exclusion-request deadline has passed and final determinations on any exclusion requests have been issued.

If a modified feasibility request includes an area of land that was not included in the original feasibility request, the lieutenant governor may not commission a supplemental feasibility study under Subsection (4) unless: the deadline for filing a request for exclusion described in Subsection (2)(f) has passed; and the county clerk and lieutenant governor have issued a final determination on any request for exclusion filed in accordance with Subsection (2)(f) .

Section 10-2a-206(5)Verify source

§ 10-2a-206(5)(a)Subsection 10-2a-206(5)(a)Provision

Source excerpt

The deadline for filing the specified request for exclusion has passed.

the deadline for filing a request for exclusion described in Subsection (2)(f) has passed; and

Section 10-2a-206(5)(a)Verify source

§ 10-2a-206(5)(b)Subsection 10-2a-206(5)(b)Provision

Source excerpt

The county clerk and lieutenant governor have issued a final determination on requests for exclusion filed under Subsection (2)(f).

the county clerk and lieutenant governor have issued a final determination on any request for exclusion filed in accordance with Subsection (2)(f) .

Section 10-2a-206(5)(b)Verify source

§ 10-2a-206(6)Subsection 10-2a-206(6)Provision

Source excerpt

The lieutenant governor must require the feasibility consultant to send a draft supplemental feasibility study to certain consulted persons within 30 days, allow those recipients to comment, and deliver a completed supplemental feasibility study to specified recipients within 45 days.

The lieutenant governor shall require the feasibility consultant to: submit a draft of the supplemental feasibility study to each applicable person with whom the feasibility consultant is required to consult under Subsection 10-2a-205(3)(c) within 30 days after the day on which the feasibility consultant is engaged to conduct the supplemental study; allow each person to whom the consultant provided a draft under Subsection (6)(a) to review and provide comment on the draft; and submit a completed supplemental feasibility study, to the following within 45 days after the day on which the feasibility consultant is engaged to conduct the feasibility study: the lieutenant governor; the county legislative body of the county in which the incorporation is proposed; the contact sponsor; and each person to whom the consultant provided a draft under Subsection (6)(a) .

Section 10-2a-206(6)Verify source

§ 10-2a-206(6)(a)Subsection 10-2a-206(6)(a)Provision

Source excerpt

The feasibility consultant must submit a draft supplemental feasibility study to each applicable person required for consultation within 30 days after being engaged to conduct the supplemental study.

submit a draft of the supplemental feasibility study to each applicable person with whom the feasibility consultant is required to consult under Subsection 10-2a-205(3)(c) within 30 days after the day on which the feasibility consultant is engaged to conduct the supplemental study;

Section 10-2a-206(6)(a)Verify source

§ 10-2a-206(6)(b)Subsection 10-2a-206(6)(b)Provision

Source excerpt

The consultant may allow each person who received a draft under Subsection (6)(a) to review and comment on it.

allow each person to whom the consultant provided a draft under Subsection (6)(a) to review and provide comment on the draft; and

Section 10-2a-206(6)(b)Verify source

§ 10-2a-206(6)(c)Subsection 10-2a-206(6)(c)Provision

Source excerpt

submit a completed supplemental feasibility study, to the following within 45 days after the day on which the feasibility consultant is engaged to conduct the feasibility study: the lieutenant governor; the county legislative body of the county in which the incorporation is proposed; the contact sponsor; and each person to whom the consultant provided a draft under Subsection (6)(a) .

Section 10-2a-206(6)(c)Verify source

§ 10-2a-206(6)(c)(i)Subsection 10-2a-206(6)(c)(i)Provision

Source excerpt

the lieutenant governor;

Section 10-2a-206(6)(c)(i)Verify source

§ 10-2a-206(6)(c)(ii)Subsection 10-2a-206(6)(c)(ii)Provision

Source excerpt

Refers to the county legislative body of the county where the incorporation is proposed.

the county legislative body of the county in which the incorporation is proposed;

Section 10-2a-206(6)(c)(ii)Verify source

§ 10-2a-206(6)(c)(iii)Subsection 10-2a-206(6)(c)(iii)Provision

Source excerpt

the contact sponsor; and

Section 10-2a-206(6)(c)(iii)Verify source

§ 10-2a-206(6)(c)(iv)Subsection 10-2a-206(6)(c)(iv)Provision

Source excerpt

This applies to each person who received a draft from the consultant under Subsection (6)(a).

each person to whom the consultant provided a draft under Subsection (6)(a) .

Section 10-2a-206(6)(c)(iv)Verify source

§ 10-2a-206(7)Subsection 10-2a-206(7)Provision

Source excerpt

If the supplemental feasibility study does not comply with Subsection 10-2a-205(5)(a), the incorporation process may not proceed. A feasibility request under Section 10-2a-202 may not be filed within 18 months after the study date if it proposes incorporation of an area included in the study area.

If the results of the supplemental feasibility study do not comply with Subsection 10-2a-205(5)(a) : the process to incorporate the area that is the subject of the supplemental feasibility study may not proceed; and a feasibility request under Section 10-2a-202 may not be filed within 18 months after the date of the supplemental feasibility study if the feasibility request proposes the incorporation of an area included within the area described in the supplemental feasibility study.

Section 10-2a-206(7)Verify source

§ 10-2a-206(7)(a)Subsection 10-2a-206(7)(a)Provision

Source excerpt

The incorporation process for the area covered by the supplemental feasibility study may not proceed.

the process to incorporate the area that is the subject of the supplemental feasibility study may not proceed; and

Section 10-2a-206(7)(a)Verify source

§ 10-2a-206(7)(b)Subsection 10-2a-206(7)(b)Provision

Source excerpt

A feasibility request under Section 10-2a-202 may not be filed within 18 months after the supplemental feasibility study date if it proposes incorporating an area included in that study.

a feasibility request under Section 10-2a-202 may not be filed within 18 months after the date of the supplemental feasibility study if the feasibility request proposes the incorporation of an area included within the area described in the supplemental feasibility study.

Section 10-2a-206(7)(b)Verify source

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Utah Code § 10-2a-206

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