(1) Within 45 days after the day on which an individual files a feasibility request under Section 10-2a-502, the lieutenant governor shall:

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Terms Used In Utah Code 10-2a-503

  • Feasibility request: means a request, described in Section 10-2a-502, for a feasibility study for the proposed incorporation of a preliminary municipality. See Utah Code 10-2a-501
  • Municipality: means :
         (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • Primary sponsor contact: means :
         (10)(a) in relation to a feasibility request:
              (10)(a)(i) the individual designated as the primary sponsor contact for a feasibility request under Subsection 10-2a-502(5)(c); or
              (10)(a)(ii) an individual designated, in writing, by the initial landowners if a replacement primary sponsor contact is needed; or
         (10)(b) in relation to a petition for incorporation of a preliminary municipality:
              (10)(b)(i) the individual designated as the primary sponsor contact for a petition for incorporation of a preliminary municipality under Subsection 10-2a-507(1)(d); or
              (10)(b)(ii) an individual designated, in writing, by the initial landowners if a replacement primary sponsor contact is needed. See Utah Code 10-2a-501
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) determine whether the feasibility request complies with Section 10-2a-502; and
     (1)(b) notify the clerk of the county where the proposed preliminary municipality area is located, in writing, of the determination made under Subsection (1)(a) and the grounds for the determination.
(2) A county clerk shall comply with a request by the lieutenant governor to provide information or a record to the lieutenant governor or to a sponsor of the feasibility request, to assist in complying with this part, within five calendar days after the day on which the lieutenant governor makes the request.
(3) If the lieutenant governor determines that the feasibility request complies with Section 10-2a-502, the lieutenant governor shall:

     (3)(a) certify the feasibility request; and
     (3)(b) transmit written notification of the certification to the primary sponsor contact, the county clerk, and the Utah Population Committee.
(4) If the lieutenant governor determines that the feasibility request fails to comply with Section 10-2a-502, the lieutenant governor shall reject the feasibility request and notify the primary sponsor contact and the county clerk, in writing, of the rejection and the grounds for the rejection.
(5)

     (5)(a) Within 20 days after the day on which the lieutenant governor transmits written notification under Subsection (3)(b), the Utah Population Committee shall:

          (5)(a)(i) determine whether, based on the map or plat described in Subsection 10-2a-502(5)(e), the proposed preliminary municipality will, when all phases of the map or plat are completed, likely comply with the population, population density, and contiguity requirements described in Section 10-2a-502; and
          (5)(a)(ii) provide notice of the determination to the lieutenant governor and the county clerk.
     (5)(b) If the Utah Population Committee determines, under Subsection (5)(a)(i), that, when all phases of the plan or plat are completed, the proposed preliminary municipality will not likely comply with the population, population density, and contiguity requirements described in Section 10-2a-502, the lieutenant governor shall rescind the certification described in Subsection (3) and reject the feasibility request.
(6) The lieutenant governor shall certify or reject feasibility requests in the order in which the requests are filed.
(7)

     (7)(a) If the lieutenant governor determines, under Subsection (4), that the feasibility request fails to comply with Section 10-2a-502, or rejects the feasibility request under Subsection (5)(b), the sponsors may, subject to Section 10-2a-505, amend the feasibility request to correct the deficiencies and refile the feasibility request with the lieutenant governor.
     (7)(b) Except as provided in Subsection (7)(c), the sponsors may submit an amended feasibility request within 90 days after the day on which the lieutenant governor makes the determination or rejection described in Subsection (7)(a).
     (7)(c) The sponsors may not submit an amended feasibility request more than once.
     (7)(d) The lieutenant governor shall consider a feasibility request that is amended and refiled under Subsection (7)(a) as a newly filed feasibility request and process the feasibility request in accordance with this section.
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