United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-505, 2024

Sponsors of a feasibility request may refile a modified request to change proposed municipality boundaries if specified conditions are met, but there are time limits and the lieutenant governor must process it on set…

Source excerpt

feasibility studiesmunicipal incorporationpetition filing

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2024
Dates: Enacted 2024

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Dates: Enacted 2024

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“Sponsors of a feasibility request may refile a modified request to change proposed municipality boundaries if specified conditions are met, but there are time limits and the lieutenant governor must process it on set timelines.”

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Modified feasibility request -- Supplemental feasibility study.

Section 10-2a-505

Subsection 10-2a-505(1)(a)(ii)(C)

a petition for incorporation described in Section 10-2a-507 , based on the feasibility request, has not been filed.

Section 10-2a-505(1)(a)(ii)(C)

Subsection 10-2a-505(3)

Sponsors of a feasibility request may not file a modified feasibility request under Subsection (1)(a)(i) more than once.

Section 10-2a-505(3)

Subsection 10-2a-505(5)(c)(i)

Refers to the lieutenant governor.

Section 10-2a-505(5)(c)(i)

Subsection 10-2a-505(6)(c)

The lieutenant governor shall consider a modified feasibility request described in Subsection (6)(a) as an original feasibility request for purposes of determining the modified feasibility request's processing priority under Subsection

Section 10-2a-505(6)(c)

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Showing 28 of 28 provisions

Provision 28

Part 10-2a-5

part 10-2a-5 Incorporation of a Preliminary Municipality

§ 10-2a-505Modified feasibility request -- Supplemental feasibility study.Provision

Source excerpt

Modified feasibility request -- Supplemental feasibility study. The sponsors of a feasibility request may modify the request to alter the boundaries of the proposed preliminary municipality area and refile the modified feasibility request with the lieutenant governor if: the results of the feasibility study do not comply with Subsection 10-2a-504(5)(a) ; or the feasibility request complies with Subsection 10-2a-502(3)(a) ; the annexation petition described in Subsection 10-2a-502(3)(a) that proposed the annexation of an area that is part of the proposed preliminary municipality area has been denied; and a petition for incorporation described in Section 10-2a-507 , based on the feasibility request, has not been filed. The sponsors of a feasibility request may not file a modified request under Subsection (1)(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-504(2)(c)(iii) . The sponsors of a feasibility request may not file a modified request under Subsection (1)(a)(ii) more than 18 months after filing the original feasibility request under Section 10-2a-502 . A modified feasibility request under Subsection (1)(a) shall comply with Subsections 10-2a-502(1) through (4). Within 20 days after the day on which the lieutenant governor receives the modified request, the lieutenant governor shall follow the same procedure described in Subsections 10-2a-503(1) through (4) for the modified feasibility request as for an original feasibility request. The timely filing of a modified feasibility request under Subsection (1) gives the modified feasibility request the same processing priority under Subsection 10-2a-503(6) as the original feasibility request. The sponsors of a feasibility request may not file a modified feasibility request under Subsection (1)(a)(i) more than once. Within 10 days after the day on which the county clerk receives a modified feasibility request under Subsection (1)(a) that relates to a request for which a feasibility study has already been completed, 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. 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-504(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 (5)(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 primary sponsor contact; and each person to whom the consultant provided a draft under Subsection (5)(a). Subject to Subsections (3) and (6)(b), if the results of the supplemental feasibility study do not comply with Subsection 10-2a-504(4) , the sponsors may further modify the request in accordance with Subsection (1). Subsections (1)(d), (4), and (5) apply to a modified feasibility request described in Subsection (6)(a). The lieutenant governor shall consider a modified feasibility request described in Subsection (6)(a) as an original feasibility request for purposes of determining the modified feasibility request's processing priority under Subsection 10-2a-503(6) .

Section 10-2a-505Verify source

§ 10-2a-505(1)Subsection 10-2a-505(1)Provision

Source excerpt

Sponsors of a feasibility request may revise the request to change the proposed preliminary municipality boundaries and refile it with the lieutenant governor if specified conditions are met.

The sponsors of a feasibility request may modify the request to alter the boundaries of the proposed preliminary municipality area and refile the modified feasibility request with the lieutenant governor if: the results of the feasibility study do not comply with Subsection 10-2a-504(5)(a) ; or the feasibility request complies with Subsection 10-2a-502(3)(a) ; the annexation petition described in Subsection 10-2a-502(3)(a) that proposed the annexation of an area that is part of the proposed preliminary municipality area has been denied; and a petition for incorporation described in Section 10-2a-507 , based on the feasibility request, has not been filed. The sponsors of a feasibility request may not file a modified request under Subsection (1)(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-504(2)(c)(iii) . The sponsors of a feasibility request may not file a modified request under Subsection (1)(a)(ii) more than 18 months after filing the original feasibility request under Section 10-2a-502 . A modified feasibility request under Subsection (1)(a) shall comply with Subsections 10-2a-502(1) through (4). Within 20 days after the day on which the lieutenant governor receives the modified request, the lieutenant governor shall follow the same procedure described in Subsections 10-2a-503(1) through (4) for the modified feasibility request as for an original feasibility request.

Section 10-2a-505(1)Verify source

§ 10-2a-505(1)(a)Subsection 10-2a-505(1)(a)Provision

Source excerpt

The sponsors of a feasibility request may modify and refile it with the lieutenant governor to change the boundaries of a proposed preliminary municipality area, but only if the listed conditions are met.

Section 10-2a-505(1)(a)Verify source

§ 10-2a-505(1)(a)(i)Subsection 10-2a-505(1)(a)(i)Provision

Source excerpt

the results of the feasibility study do not comply with Subsection 10-2a-504(5)(a) ; or

Section 10-2a-505(1)(a)(i)Verify source

§ 10-2a-505(1)(a)(ii)Subsection 10-2a-505(1)(a)(ii)Provision

Source excerpt

the feasibility request complies with Subsection 10-2a-502(3)(a) ; the annexation petition described in Subsection 10-2a-502(3)(a) that proposed the annexation of an area that is part of the proposed preliminary municipality area has been denied; and a petition for incorporation described in Section 10-2a-507 , based on the feasibility request, has not been filed.

Section 10-2a-505(1)(a)(ii)Verify source

§ 10-2a-505(1)(a)(ii)(A)Subsection 10-2a-505(1)(a)(ii)(A)Provision

Source excerpt

the feasibility request complies with Subsection 10-2a-502(3)(a) ;

Section 10-2a-505(1)(a)(ii)(A)Verify source

§ 10-2a-505(1)(a)(ii)(B)Subsection 10-2a-505(1)(a)(ii)(B)Provision

Source excerpt

the annexation petition described in Subsection 10-2a-502(3)(a) that proposed the annexation of an area that is part of the proposed preliminary municipality area has been denied; and

Section 10-2a-505(1)(a)(ii)(B)Verify source

§ 10-2a-505(1)(a)(ii)(C)Subsection 10-2a-505(1)(a)(ii)(C)Provision

Source excerpt

a petition for incorporation described in Section 10-2a-507 , based on the feasibility request, has not been filed.

Section 10-2a-505(1)(a)(ii)(C)Verify source

§ 10-2a-505(1)(b)Subsection 10-2a-505(1)(b)Provision

Source excerpt

Sponsors of a feasibility request may not file a modified request after the stated deadlines.

The sponsors of a feasibility request may not file a modified request under Subsection (1)(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-504(2)(c)(iii) . The sponsors of a feasibility request may not file a modified request under Subsection (1)(a)(ii) more than 18 months after filing the original feasibility request under Section 10-2a-502 .

Section 10-2a-505(1)(b)Verify source

§ 10-2a-505(1)(b)(i)Subsection 10-2a-505(1)(b)(i)Provision

Source excerpt

The sponsors of a feasibility request may not file a modified request under Subsection (1)(a)(i) more than 90 days after the feasibility consultant submits the final study results.

Section 10-2a-505(1)(b)(i)Verify source

§ 10-2a-505(1)(b)(ii)Subsection 10-2a-505(1)(b)(ii)Provision

Source excerpt

The sponsors of a feasibility request may not file a modified request more than 18 months after filing the original feasibility request.

The sponsors of a feasibility request may not file a modified request under Subsection (1)(a)(ii) more than 18 months after filing the original feasibility request under Section 10-2a-502 .

Section 10-2a-505(1)(b)(ii)Verify source

§ 10-2a-505(1)(c)Subsection 10-2a-505(1)(c)Provision

Source excerpt

A modified feasibility request under Subsection (1)(a) must comply with Subsections 10-2a-502(1) through (4).

A modified feasibility request under Subsection (1)(a) shall comply with Subsections 10-2a-502(1) through (4).

Section 10-2a-505(1)(c)Verify source

§ 10-2a-505(1)(d)Subsection 10-2a-505(1)(d)Provision

Source excerpt

The lieutenant governor must, within 20 days after receiving a modified request, follow the same procedure used for an original feasibility request.

Within 20 days after the day on which the lieutenant governor receives the modified request, the lieutenant governor shall follow the same procedure described in Subsections 10-2a-503(1) through (4) for the modified feasibility request as for an original feasibility request.

Section 10-2a-505(1)(d)Verify source

§ 10-2a-505(2)Subsection 10-2a-505(2)Provision

Source excerpt

The timely filing of a modified feasibility request under Subsection (1) gives the modified feasibility request the same processing priority under Subsection 10-2a-503(6) as the original feasibility request.

Section 10-2a-505(2)Verify source

§ 10-2a-505(3)Subsection 10-2a-505(3)Provision

Source excerpt

Sponsors of a feasibility request may not file a modified feasibility request under Subsection (1)(a)(i) more than once.

The sponsors of a feasibility request may not file a modified feasibility request under Subsection (1)(a)(i) more than once.

Section 10-2a-505(3)Verify source

§ 10-2a-505(4)Subsection 10-2a-505(4)Provision

Source excerpt

If the county clerk receives a qualifying modified feasibility request after a feasibility study has already been completed, the lieutenant governor must commission the same feasibility consultant to do a supplemental feasibility study within 10 days.

Within 10 days after the day on which the county clerk receives a modified feasibility request under Subsection (1)(a) that relates to a request for which a feasibility study has already been completed, 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-505(4)Verify source

§ 10-2a-505(5)Subsection 10-2a-505(5)Provision

Source excerpt

The lieutenant governor must require the feasibility consultant to circulate a draft supplemental feasibility study, allow comment on it, and then submit the completed study to specified recipients within set deadlines.

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-504(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 (5)(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 primary sponsor contact; and each person to whom the consultant provided a draft under Subsection (5)(a).

Section 10-2a-505(5)Verify source

§ 10-2a-505(5)(a)Subsection 10-2a-505(5)(a)Provision

Source excerpt

The feasibility consultant must send a draft of the supplemental feasibility study to each applicable person the consultant must consult, within 30 days after being engaged for 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-504(3)(c) within 30 days after the day on which the feasibility consultant is engaged to conduct the supplemental study;

Section 10-2a-505(5)(a)Verify source

§ 10-2a-505(5)(b)Subsection 10-2a-505(5)(b)Provision

Source excerpt

The consultant may allow each person who received a draft under Subsection (5)(a) to review it and comment on it.

allow each person to whom the consultant provided a draft under Subsection (5)(a) to review and provide comment on the draft; and

Section 10-2a-505(5)(b)Verify source

§ 10-2a-505(5)(c)Subsection 10-2a-505(5)(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 primary sponsor contact; and each person to whom the consultant provided a draft under Subsection (5)(a).

Section 10-2a-505(5)(c)Verify source

§ 10-2a-505(5)(c)(i)Subsection 10-2a-505(5)(c)(i)Provision

Source excerpt

Refers to the lieutenant governor.

the lieutenant governor;

Section 10-2a-505(5)(c)(i)Verify source

§ 10-2a-505(5)(c)(ii)Subsection 10-2a-505(5)(c)(ii)Provision

Source excerpt

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

Section 10-2a-505(5)(c)(ii)Verify source

§ 10-2a-505(5)(c)(iii)Subsection 10-2a-505(5)(c)(iii)Provision

Source excerpt

the primary sponsor contact; and

Section 10-2a-505(5)(c)(iii)Verify source

§ 10-2a-505(5)(c)(iv)Subsection 10-2a-505(5)(c)(iv)Provision

Source excerpt

each person to whom the consultant provided a draft under Subsection (5)(a).

Section 10-2a-505(5)(c)(iv)Verify source

§ 10-2a-505(6)Subsection 10-2a-505(6)Provision

Source excerpt

If the supplemental feasibility study does not comply with Subsection 10-2a-504(4), the sponsors may further modify the request, subject to stated subsections. The lieutenant governor must treat a modified feasibility request as an original request when determining processing priority.

Subject to Subsections (3) and (6)(b), if the results of the supplemental feasibility study do not comply with Subsection 10-2a-504(4) , the sponsors may further modify the request in accordance with Subsection (1). Subsections (1)(d), (4), and (5) apply to a modified feasibility request described in Subsection (6)(a). The lieutenant governor shall consider a modified feasibility request described in Subsection (6)(a) as an original feasibility request for purposes of determining the modified feasibility request's processing priority under Subsection 10-2a-503(6) .

Section 10-2a-505(6)Verify source

§ 10-2a-505(6)(a)Subsection 10-2a-505(6)(a)Provision

Source excerpt

If the supplemental feasibility study does not comply with Subsection 10-2a-504(4), the sponsors may further modify the request, subject to Subsections (3) and (6)(b).

Section 10-2a-505(6)(a)Verify source

§ 10-2a-505(6)(b)Subsection 10-2a-505(6)(b)Provision

Source excerpt

Subsections (1)(d), (4), and (5) apply to a modified feasibility request described in Subsection (6)(a).

Section 10-2a-505(6)(b)Verify source

§ 10-2a-505(6)(c)Subsection 10-2a-505(6)(c)Provision

Source excerpt

Section 10-2a-505(6)(c)Verify source

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Utah Code § 10-2a-505, 2024

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