Utah Code § 10-2a-505

This is the official text of Utah Code § 10-2a-505, part of Utah’s Code — part of the compiled statutory law of Utah, published by the state as "Code." Browse the sections below, each linked to its official government source.

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

Official statutory text

(1) (a) 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: (i) the results of the feasibility study do not comply with Subsection 10-2a-504(5)(a); or (ii) (A) the feasibility request complies with Subsection 10-2a-502(3)(a); (B) 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 (C) a petition for incorporation described in Section 10-2a-507, based on the feasibility request, has not been filed. (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-504(2)(c)(iii). (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-502. (c) A modified feasibility request under Subsection (1)(a) shall comply with Subsections 10-2a-502(1) through (4). (d) 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. (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-503(6) as the original feasibility request. (3) The sponsors of a feasibility request may not file a modified feasibility request under Subsection (1)(a)(i) more than once. (4) 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. (5) The lieutenant governor shall require the feasibility consultant to: (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-504(3)(c) within 30 days after the day on which the feasibility consultant is engaged to conduct the supplemental study; (b) allow each person to whom the consultant provided a draft under Subsection (5)(a) to review and provide comment on the draft; and (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: (i) the lieutenant governor; (ii) the county legislative body of the county in which the incorporation is proposed; (iii) the primary sponsor contact; and (iv) each person to whom the consultant provided a draft under Subsection (5)(a). (6) (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). (b) Subsections (1)(d), (4), and (5) apply to a modified feasibility request described in Subsection (6)(a). (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 10-2a-503(6).

Status: in_force · Read it on the official government site

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