United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-506, 2024

The lieutenant governor must hold and notice public hearings on qualifying feasibility study results, and may be limited from holding a hearing if annexation occurs before the hearing unless stated conditions are met.

Source excerpt

feasibility studieshearing schedulingnotice

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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“The lieutenant governor must hold and notice public hearings on qualifying feasibility study results, and may be limited from holding a hearing if annexation occurs before the hearing unless stated conditions are met.”

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Public hearings on feasibility study results -- Notice of hearings.

Section 10-2a-506

Subsection 10-2a-506(2)(b)(ii)

adopts an ordinance approving the annexation of an area that is part of the proposed preliminary municipality area under Section 10-2-812 .

Section 10-2a-506(2)(b)(ii)

Subsection 10-2a-506(4)(b)(ii)

at a location within or near the proposed preliminary municipality;

Section 10-2a-506(4)(b)(ii)

Subsection 10-2a-506(6)

The lieutenant governor must publish notice of each required public hearing for the proposed preliminary municipality area.

Section 10-2a-506(6)

Subsection 10-2a-506(7)(b)(iii)

a mailing address and telephone number.

Section 10-2a-506(7)(b)(iii)

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Source record from le.utah.gov · Enacted 2024

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Showing 34 of 34 provisions

Provision 34

Part 10-2a-5

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

§ 10-2a-506Public hearings on feasibility study results -- Notice of hearings.Provision

Source excerpt

Public hearings on feasibility study results -- Notice of hearings. If the results of the feasibility study or supplemental feasibility study comply with Subsection 10-2a-504(4) , the lieutenant governor shall, after receipt of the results of the feasibility study or supplemental feasibility study, conduct public hearings in accordance with this section. If a portion of the proposed preliminary municipality area is approved for annexation after the feasibility study or supplemental feasibility study is conducted but before the lieutenant governor conducts a public hearing under Subsection (4), the lieutenant governor may not conduct the public hearing under Subsection (4) unless: the sponsors of the feasibility study file a modified feasibility request in accordance with Section 10-2a-505 ; and the results of the supplemental feasibility study comply with Subsection 10-2a-504(4) . For purposes of Subsection (2)(a), an area is approved for annexation if a municipal legislative body: approves an annexation petition proposing the annexation of an area that is part of the proposed preliminary municipality area under Section 10-2-810 or 10-2-811 ; or adopts an ordinance approving the annexation of an area that is part of the proposed preliminary municipality area under Section 10-2-812 . The lieutenant governor shall conduct a public hearing: within 60 days after the day on which the lieutenant governor receives the results under Subsection (1) or (2)(a)(ii); at a location within or near the proposed preliminary municipality; and to allow the feasibility consultant to present the results of the feasibility study and inform the public about the results. The lieutenant governor shall: conduct an additional public hearing following each occasion when, after the day of the initial public hearing, the lieutenant governor receives the results of a supplemental feasibility study that comply with Subsection 10-2a-504(4) ; and hold the public hearing described in Subsection (4)(a): within 30 days after the day on which the lieutenant governor receives the results of the supplemental feasibility study; at a location within or near the proposed preliminary municipality; to inform the public that the feasibility presented to the public at the preceding public hearing does not apply; and to allow the feasibility consultant to present the results of the supplemental feasibility study and inform the public about the results. At each public hearing required under this section, the lieutenant governor shall: provide a map or plat of the boundary of the proposed preliminary municipality; provide a copy of the applicable feasibility study for public review; allow members of the public to express views about the proposed preliminary municipality, including views about the proposed boundaries; and allow the public to ask the feasibility consultant questions about the applicable feasibility study. The lieutenant governor shall publish notice of each public hearing required under this section for the proposed preliminary municipality area, as a class B notice under Section 63G-30-102 , for at least three weeks before the day of the public hearing. Except as provided in Subsection (7)(b), for a hearing described in this section, the notice described in Subsection (6) shall: include the feasibility study summary described in Subsection 10-2a-504(2)(c)(iii) ; and indicate that a full copy of the feasibility study is available on the lieutenant governor's website and for inspection at the lieutenant governor's office. Instead of publishing the feasibility summary under Subsection (7)(a)(i), the lieutenant governor may publish a statement that specifies the following sources where a person may view or obtain a copy of the feasibility study: the lieutenant governor's website; the lieutenant governor's office; and a mailing address and telephone number.

Section 10-2a-506Verify source

§ 10-2a-506(1)Subsection 10-2a-506(1)Provision

Source excerpt

If the feasibility study or supplemental feasibility study complies with Subsection 10-2a-504(4), the lieutenant governor must conduct public hearings after receiving the results.

If the results of the feasibility study or supplemental feasibility study comply with Subsection 10-2a-504(4) , the lieutenant governor shall, after receipt of the results of the feasibility study or supplemental feasibility study, conduct public hearings in accordance with this section.

Section 10-2a-506(1)Verify source

§ 10-2a-506(2)Subsection 10-2a-506(2)Provision

Source excerpt

If annexation approval happens before the public hearing, the lieutenant governor may hold the hearing only if the sponsors file a modified feasibility request and the supplemental feasibility study complies with the cited subsection.

If a portion of the proposed preliminary municipality area is approved for annexation after the feasibility study or supplemental feasibility study is conducted but before the lieutenant governor conducts a public hearing under Subsection (4), the lieutenant governor may not conduct the public hearing under Subsection (4) unless: the sponsors of the feasibility study file a modified feasibility request in accordance with Section 10-2a-505 ; and the results of the supplemental feasibility study comply with Subsection 10-2a-504(4) . For purposes of Subsection (2)(a), an area is approved for annexation if a municipal legislative body: approves an annexation petition proposing the annexation of an area that is part of the proposed preliminary municipality area under Section 10-2-810 or 10-2-811 ; or adopts an ordinance approving the annexation of an area that is part of the proposed preliminary municipality area under Section 10-2-812 .

Section 10-2a-506(2)Verify source

§ 10-2a-506(2)(a)Subsection 10-2a-506(2)(a)Provision

Source excerpt

The lieutenant governor may not conduct the public hearing under Subsection (4) if part of the proposed preliminary municipality area is approved for annexation after the feasibility study or supplemental feasibility study, unless specified filing and compliance conditions are met.

Section 10-2a-506(2)(a)Verify source

§ 10-2a-506(2)(a)(i)Subsection 10-2a-506(2)(a)(i)Provision

Source excerpt

The sponsors of the feasibility study must file a modified feasibility request under Section 10-2a-505.

the sponsors of the feasibility study file a modified feasibility request in accordance with Section 10-2a-505 ; and

Section 10-2a-506(2)(a)(i)Verify source

§ 10-2a-506(2)(a)(ii)Subsection 10-2a-506(2)(a)(ii)Provision

Source excerpt

the results of the supplemental feasibility study comply with Subsection 10-2a-504(4) .

Section 10-2a-506(2)(a)(ii)Verify source

§ 10-2a-506(2)(b)Subsection 10-2a-506(2)(b)Provision

Source excerpt

An area is approved for annexation for purposes of Subsection (2)(a) if a municipal legislative body either approves an annexation petition or adopts an ordinance approving the annexation.

For purposes of Subsection (2)(a), an area is approved for annexation if a municipal legislative body: approves an annexation petition proposing the annexation of an area that is part of the proposed preliminary municipality area under Section 10-2-810 or 10-2-811 ; or adopts an ordinance approving the annexation of an area that is part of the proposed preliminary municipality area under Section 10-2-812 .

Section 10-2a-506(2)(b)Verify source

§ 10-2a-506(2)(b)(i)Subsection 10-2a-506(2)(b)(i)Provision

Source excerpt

approves an annexation petition proposing the annexation of an area that is part of the proposed preliminary municipality area under Section 10-2-810 or 10-2-811 ; or

Section 10-2a-506(2)(b)(i)Verify source

§ 10-2a-506(2)(b)(ii)Subsection 10-2a-506(2)(b)(ii)Provision

Source excerpt

adopts an ordinance approving the annexation of an area that is part of the proposed preliminary municipality area under Section 10-2-812 .

Section 10-2a-506(2)(b)(ii)Verify source

§ 10-2a-506(3)Subsection 10-2a-506(3)Provision

Source excerpt

The lieutenant governor must hold a public hearing within 60 days after receiving the relevant results, at a location within or near the proposed preliminary municipality.

The lieutenant governor shall conduct a public hearing: within 60 days after the day on which the lieutenant governor receives the results under Subsection (1) or (2)(a)(ii); at a location within or near the proposed preliminary municipality; and to allow the feasibility consultant to present the results of the feasibility study and inform the public about the results.

Section 10-2a-506(3)Verify source

§ 10-2a-506(3)(a)Subsection 10-2a-506(3)(a)Provision

Source excerpt

The lieutenant governor must receive the results under Subsection (1) or (2)(a)(ii) within 60 days after the day of receipt trigger.

within 60 days after the day on which the lieutenant governor receives the results under Subsection (1) or (2)(a)(ii);

Section 10-2a-506(3)(a)Verify source

§ 10-2a-506(3)(b)Subsection 10-2a-506(3)(b)Provision

Source excerpt

at a location within or near the proposed preliminary municipality; and

Section 10-2a-506(3)(b)Verify source

§ 10-2a-506(3)(c)Subsection 10-2a-506(3)(c)Provision

Source excerpt

to allow the feasibility consultant to present the results of the feasibility study and inform the public about the results.

Section 10-2a-506(3)(c)Verify source

§ 10-2a-506(4)Subsection 10-2a-506(4)Provision

Source excerpt

The lieutenant governor must conduct an additional public hearing after receiving qualifying supplemental feasibility study results, and must hold that hearing within 30 days at a location within or near the proposed preliminary municipality.

The lieutenant governor shall: conduct an additional public hearing following each occasion when, after the day of the initial public hearing, the lieutenant governor receives the results of a supplemental feasibility study that comply with Subsection 10-2a-504(4) ; and hold the public hearing described in Subsection (4)(a): within 30 days after the day on which the lieutenant governor receives the results of the supplemental feasibility study; at a location within or near the proposed preliminary municipality; to inform the public that the feasibility presented to the public at the preceding public hearing does not apply; and to allow the feasibility consultant to present the results of the supplemental feasibility study and inform the public about the results.

Section 10-2a-506(4)Verify source

§ 10-2a-506(4)(a)Subsection 10-2a-506(4)(a)Provision

Source excerpt

Conduct an additional public hearing after each time the lieutenant governor receives qualifying supplemental feasibility study results following the initial public hearing.

conduct an additional public hearing following each occasion when, after the day of the initial public hearing, the lieutenant governor receives the results of a supplemental feasibility study that comply with Subsection 10-2a-504(4) ; and

Section 10-2a-506(4)(a)Verify source

§ 10-2a-506(4)(b)Subsection 10-2a-506(4)(b)Provision

Source excerpt

A public hearing must be held within 30 days after the lieutenant governor receives the supplemental feasibility study results.

hold the public hearing described in Subsection (4)(a): within 30 days after the day on which the lieutenant governor receives the results of the supplemental feasibility study; at a location within or near the proposed preliminary municipality; to inform the public that the feasibility presented to the public at the preceding public hearing does not apply; and to allow the feasibility consultant to present the results of the supplemental feasibility study and inform the public about the results.

Section 10-2a-506(4)(b)Verify source

§ 10-2a-506(4)(b)(i)Subsection 10-2a-506(4)(b)(i)Provision

Source excerpt

A deadline applies: something must happen within 30 days after the lieutenant governor receives the supplemental feasibility study results.

within 30 days after the day on which the lieutenant governor receives the results of the supplemental feasibility study;

Section 10-2a-506(4)(b)(i)Verify source

§ 10-2a-506(4)(b)(ii)Subsection 10-2a-506(4)(b)(ii)Provision

Source excerpt

at a location within or near the proposed preliminary municipality;

Section 10-2a-506(4)(b)(ii)Verify source

§ 10-2a-506(4)(b)(iii)Subsection 10-2a-506(4)(b)(iii)Provision

Source excerpt

to inform the public that the feasibility presented to the public at the preceding public hearing does not apply; and

Section 10-2a-506(4)(b)(iii)Verify source

§ 10-2a-506(4)(b)(iv)Subsection 10-2a-506(4)(b)(iv)Provision

Source excerpt

to allow the feasibility consultant to present the results of the supplemental feasibility study and inform the public about the results.

Section 10-2a-506(4)(b)(iv)Verify source

§ 10-2a-506(5)Subsection 10-2a-506(5)Provision

Source excerpt

At each required public hearing, the lieutenant governor must provide a boundary map, make the feasibility study available for public review, and let the public comment and ask the feasibility consultant questions.

At each public hearing required under this section, the lieutenant governor shall: provide a map or plat of the boundary of the proposed preliminary municipality; provide a copy of the applicable feasibility study for public review; allow members of the public to express views about the proposed preliminary municipality, including views about the proposed boundaries; and allow the public to ask the feasibility consultant questions about the applicable feasibility study.

Section 10-2a-506(5)Verify source

§ 10-2a-506(5)(a)Subsection 10-2a-506(5)(a)Provision

Source excerpt

Provide a map or plat showing the boundary of the proposed preliminary municipality.

provide a map or plat of the boundary of the proposed preliminary municipality;

Section 10-2a-506(5)(a)Verify source

§ 10-2a-506(5)(b)Subsection 10-2a-506(5)(b)Provision

Source excerpt

A person must provide a copy of the applicable feasibility study for public review.

provide a copy of the applicable feasibility study for public review;

Section 10-2a-506(5)(b)Verify source

§ 10-2a-506(5)(c)Subsection 10-2a-506(5)(c)Provision

Source excerpt

Members of the public may express views about the proposed preliminary municipality, including its proposed boundaries.

allow members of the public to express views about the proposed preliminary municipality, including views about the proposed boundaries; and

Section 10-2a-506(5)(c)Verify source

§ 10-2a-506(5)(d)Subsection 10-2a-506(5)(d)Provision

Source excerpt

The public may ask the feasibility consultant questions about the applicable feasibility study.

allow the public to ask the feasibility consultant questions about the applicable feasibility study.

Section 10-2a-506(5)(d)Verify source

§ 10-2a-506(6)Subsection 10-2a-506(6)Provision

Source excerpt

The lieutenant governor must publish notice of each required public hearing for the proposed preliminary municipality area.

The lieutenant governor shall publish notice of each public hearing required under this section for the proposed preliminary municipality area, as a class B notice under Section 63G-30-102 , for at least three weeks before the day of the public hearing.

Section 10-2a-506(6)Verify source

§ 10-2a-506(7)Subsection 10-2a-506(7)Provision

Source excerpt

For certain hearings, the notice must include the feasibility study summary and say the full study can be viewed on the lieutenant governor’s website or at the lieutenant governor’s office, unless Subsection (7)(b) applies.

Except as provided in Subsection (7)(b), for a hearing described in this section, the notice described in Subsection (6) shall: include the feasibility study summary described in Subsection 10-2a-504(2)(c)(iii) ; and indicate that a full copy of the feasibility study is available on the lieutenant governor's website and for inspection at the lieutenant governor's office. Instead of publishing the feasibility summary under Subsection (7)(a)(i), the lieutenant governor may publish a statement that specifies the following sources where a person may view or obtain a copy of the feasibility study: the lieutenant governor's website; the lieutenant governor's office; and a mailing address and telephone number.

Section 10-2a-506(7)Verify source

§ 10-2a-506(7)(a)Subsection 10-2a-506(7)(a)Provision

Source excerpt

For a hearing under this section, the notice must include the feasibility study summary and say that the full feasibility study is available on the lieutenant governor’s website and at the lieutenant governor’s office, unless Subsection (7)(b) applies.

Section 10-2a-506(7)(a)Verify source

§ 10-2a-506(7)(a)(i)Subsection 10-2a-506(7)(a)(i)Provision

Source excerpt

include the feasibility study summary described in Subsection 10-2a-504(2)(c)(iii) ; and

Section 10-2a-506(7)(a)(i)Verify source

§ 10-2a-506(7)(a)(ii)Subsection 10-2a-506(7)(a)(ii)Provision

Source excerpt

indicate that a full copy of the feasibility study is available on the lieutenant governor's website and for inspection at the lieutenant governor's office.

Section 10-2a-506(7)(a)(ii)Verify source

§ 10-2a-506(7)(b)Subsection 10-2a-506(7)(b)Provision

Source excerpt

The lieutenant governor may publish a statement listing where a person can view or get a copy of the feasibility study.

Instead of publishing the feasibility summary under Subsection (7)(a)(i), the lieutenant governor may publish a statement that specifies the following sources where a person may view or obtain a copy of the feasibility study: the lieutenant governor's website; the lieutenant governor's office; and a mailing address and telephone number.

Section 10-2a-506(7)(b)Verify source

§ 10-2a-506(7)(b)(i)Subsection 10-2a-506(7)(b)(i)Provision

Source excerpt

the lieutenant governor's website;

Section 10-2a-506(7)(b)(i)Verify source

§ 10-2a-506(7)(b)(ii)Subsection 10-2a-506(7)(b)(ii)Provision

Source excerpt

the lieutenant governor's office; and

Section 10-2a-506(7)(b)(ii)Verify source

§ 10-2a-506(7)(b)(iii)Subsection 10-2a-506(7)(b)(iii)Provision

Source excerpt

a mailing address and telephone number.

Section 10-2a-506(7)(b)(iii)Verify source

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Utah Code § 10-2a-506, 2024

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