(1) 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.
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Terms Used In Utah Code 10-2a-506

  • Feasibility consultant: means a person or firm:
         (5)(a) with expertise in the processes and economics of local government; and
         (5)(b) who is independent of, and not affiliated with, a county or a sponsor of a petition to incorporate a preliminary municipality under this part. See Utah Code 10-2a-501
  • 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
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • 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
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Proposed preliminary municipality area: means the area proposed for incorporation as a preliminary municipality in a feasibility request. See Utah Code 10-2a-501
(2)

     (2)(a) 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:

          (2)(a)(i) the sponsors of the feasibility study file a modified feasibility request in accordance with Section 10-2a-505; and
          (2)(a)(ii) the results of the supplemental feasibility study comply with Subsection 10-2a-504(4).
     (2)(b) For purposes of Subsection (2)(a), an area is approved for annexation if a municipal legislative body:

          (2)(b)(i) approves an annexation petition proposing the annexation of an area that is part of the proposed preliminary municipality area under Section 10-2-407 or 10-2-408; or
          (2)(b)(ii) adopts an ordinance approving the annexation of an area that is part of the proposed preliminary municipality area under Section 10-2-418.
(3) The lieutenant governor shall conduct a public hearing:

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

     (4)(a) 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
     (4)(b) hold the public hearing described in Subsection (4)(a):

          (4)(b)(i) within 30 days after the day on which the lieutenant governor receives the results of the supplemental feasibility study;
          (4)(b)(ii) at a location within or near the proposed preliminary municipality;
          (4)(b)(iii) to inform the public that the feasibility presented to the public at the preceding public hearing does not apply; and
          (4)(b)(iv) to allow the feasibility consultant to present the results of the supplemental feasibility study and inform the public about the results.
(5) At each public hearing required under this section, the lieutenant governor shall:

     (5)(a) provide a map or plat of the boundary of the proposed preliminary municipality;
     (5)(b) provide a copy of the applicable feasibility study for public review;
     (5)(c) allow members of the public to express views about the proposed preliminary municipality, including views about the proposed boundaries; and
     (5)(d) allow the public to ask the feasibility consultant questions about the applicable feasibility study.
(6) 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.
(7)

     (7)(a) Except as provided in Subsection (7)(b), for a hearing described in this section, the notice described in Subsection (7) shall:

          (7)(a)(i) include the feasibility study summary described in Subsection 10-2a-504(2)(c)(iii); and
          (7)(a)(ii) 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.
     (7)(b) 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:

          (7)(b)(i) the lieutenant governor’s website;
          (7)(b)(ii) the lieutenant governor’s office; and
          (7)(b)(iii) a mailing address and telephone number.
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