Utah Code 10-2a-204. Processing a feasibility request — Certification or rejection — Processing priority — Determination by the Utah Population Committee
a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. 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
Uphold: The decision of an appellate court not to reverse a lower court decision.
determine whether the feasibility request complies with Section 10-2a-202; and
(b)
notify the lieutenant governor, in writing, of the determination made under Subsection (1)(a) and the grounds for the determination.
(2)
The county clerk:
(a)
shall keep the lieutenant governor apprised of the county clerk’s progress in making the determination described in Subsection (1)(a); and
(b)
may consult with the lieutenant governor in making the determination described in Subsection (1)(a).
(3)
Within five days after the day on which the county clerk provides the notification described in Subsection (1)(b), the lieutenant governor shall:
(a)
review the determination and the grounds for the determination to evaluate whether the feasibility request complies with Section 10-2a-202; and
(b)
(i)
uphold the determination;
(ii)
reverse the determination; or
(iii)
require the county clerk to provide additional information that the lieutenant governor identifies as necessary for the lieutenant governor to uphold or reverse the county clerk’s determination.
(4)
If the office requires the county clerk to provide additional information under Subsection (3)(b)(iii):
(a)
the county clerk shall provide the additional information to the office within five days after the day on which the office notifies the county clerk that the additional information is required; and
(b)
the office shall, within five days after the day on which the county clerk provides the additional information, uphold or reverse the determination of the county clerk described in Subsection (1)(b).
(5)
If the lieutenant governor determines that the feasibility request complies with Section 10-2a-202, the lieutenant governor shall:
(a)
certify the request;
(b)
transmit written notification of the certification to the contact sponsor; and
(c)
transmit written notification of the certification to the Utah Population Committee.
(6)
If the lieutenant governor determines that the feasibility request fails to comply with Section 10-2a-202, the lieutenant governor shall reject the feasibility request and notify the contact sponsor in writing of the rejection and the grounds for the rejection.
(7)
(a)
Within 20 days after the day on which the lieutenant governor transmits written notification under Subsection (5)(c), the Utah Population Committee shall:
(i)
determine whether, on the date the sponsors filed the feasibility request, the proposed municipality complied with the population, population density, and contiguity requirements described in Section 10-2a-201.5; and
(ii)
provide notice of the determination to the lieutenant governor and the county clerk.
(b)
If the Utah Population Committee determines that a proposed municipality does not comply with the population, population density, or contiguity requirements described in Section 10-2a-201.5, the lieutenant governor shall rescind the certification described in Subsection (5)(a) and reject the feasibility request.
(8)
The lieutenant governor shall certify or reject feasibility requests in the order in which the requests are filed.
(9)
(a)
If the lieutenant governor determines that the feasibility request fails to comply with Section 10-2a-202, or rejects the feasibility request under Subsection (7)(b), the sponsors may, subject to Section 10-2a-206, amend the feasibility request to correct the deficiencies and refile the feasibility request with the county clerk.
(b)
The sponsors shall submit any amended feasibility request within 90 days after the day on which the lieutenant governor makes the determination or rejection described in Subsection (9)(a).
(c)
The sponsors may reuse a signature described in Subsection 10-2a-202(2)(a) that is on a rejected feasibility request or on an amended feasibility request described in Subsection (9)(a).
(d)
The county clerk and the lieutenant governor shall consider a feasibility request that is amended and refiled under Subsection (9)(a) as a newly filed feasibility request and process the feasibility request in accordance with this section.
