Utah Code 10-2a-206. Modified feasibility request — Supplemental feasibility study
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(1)
Terms Used In Utah Code 10-2a-206
- Contact sponsor: means the person designated in the feasibility request as the contact sponsor under Subsection
10-2a-202 (3)(b). See Utah Code 10-2a-102 - County legislative body: means :(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section
17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5 - Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Feasibility consultant: means a person or firm with the qualifications and expertise described in Subsection
10-2a-205 (2)(b). See Utah Code 10-2a-102 - Feasibility request: means a request, described in Section
10-2a-202 , for a feasibility study for the proposed incorporation of a municipality. See Utah Code 10-2a-102 - Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- 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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
(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.