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

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(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

(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.

(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).

(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).

Enacted by Chapter 534 , 2024 General Session