JurisdictionUtahTitle 10Utah Municipal Code
Ch. 10-2aMunicipal Incorporation
Part 10-2a-2Incorporation of a Municipality
This text of Utah § 10-2a-206 (Modified feasibility request -- Supplemental feasibility study.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)(1)(a) 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:
(1)(a)(i) the results of the feasibility study do not comply with Subsection 10-2a-205(5)(a); or
(1)(a)(ii) (1)(a)(ii)(A) the feasibility request complies with Subsection 10-2a-201.5(4)(b);
(1)(a)(ii)(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
(1)(a)(ii)(C) an incorporation petition based on the feasibility request has not been filed.
(1)(b) (1)(b)(i) The sponsors of a feasibility request may not file a modified request under Subsection (1)(a)(i) more than 90 da
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(1) (1)(a) 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:
(1)(a)(i) the results of the feasibility study do not comply with Subsection 10-2a-205(5)(a); or
(1)(a)(ii) (1)(a)(ii)(A) the feasibility request complies with Subsection 10-2a-201.5(4)(b);
(1)(a)(ii)(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
(1)(a)(ii)(C) an incorporation petition based on the feasibility request has not been filed.
(1)(b) (1)(b)(i) 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-205(2)(c)(iii).
(1)(b)(ii) 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-202.
(1)(c) (1)(c)(i) Subject to Subsection (1)(c)(ii), each modified feasibility request under Subsection (1)(a) shall comply with Subsections 10-2a-202(1), (3), (4), and (5) and Subsection 10-2a-201.5(4).
(1)(c)(ii) Notwithstanding Subsection (1)(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 (1)(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:
(1)(c)(ii)(A) private land area; or
(1)(c)(ii)(B) assessed fair market value of private real property, as of January 1 of the current year.
(1)(d) 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.
(1)(e) Within 10 days after a modified feasibility request is filed, the lieutenant governor shall:
(1)(e)(i) estimate the cost of a supplemental feasibility study under this section; and
(1)(e)(ii) provide the estimated cost to the feasibility request sponsors.
(1)(f) 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.
(2) The timely filing of a modified feasibility request under Subsection (1) 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 (1)(e).
(3) 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.
(4) The lieutenant governor shall require the feasibility consultant to:
(4)(a) 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;
(4)(b) allow each person to whom the consultant provided a draft under Subsection (4)(a) to review and provide comment on the draft; and
(4)(c) 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:
(4)(c)(i) the lieutenant governor;
(4)(c)(ii) the county legislative body of the county in which the incorporation is proposed;
(4)(c)(iii) the contact sponsor; and
(4)(c)(iv) each person to whom the consultant provided a draft under Subsection (4)(a).
(5) If the results of the supplemental feasibility study do not comply with Subsection 10-2a-205(5)(a):
(5)(a) the process to incorporate the area that is the subject of the supplemental feasibility study may not proceed; and
(5)(b) 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.