Section 10-2a-505 - Modified feasibility request - Supplemental feasibility study(1)(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(ii)(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.(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-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).(6)(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).Added by Chapter 534, 2024 General Session ,§ 8, eff. 5/1/2024.