Processing a request for incorporation -- Certification or rejection by lieutenant governor -- Processing priority -- Determination by the Utah Population Committee.
Processing a request for incorporation -- Certification or rejection by lieutenant governor -- Processing priority -- Determination by the Utah Population Committee.
Checkout our iOS App for a better way to browser and research.
(1) Within 45 days after the day on which an individual files a request under Section 10-2a-202, the lieutenant governor shall:
(a) with the assistance of other county officers of the county in which the incorporation is proposed from whom the lieutenant governor requests assistance, determine whether the request complies with Section 10-2a-202; and
(b)
(i) if the lieutenant governor determines that the request complies with Section 10-2a-202:
(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; or
(ii) if the lieutenant governor determines that the request fails to comply with Section 10-2a-202, reject the request and notify the contact sponsor in writing of the rejection and the reasons for the rejection.
(2)
(a) Within 20 days after the day on which the lieutenant governor transmits written notification under Subsection (1)(b)(i)(C), the Utah Population Committee shall:
(i) determine whether, on the date the sponsors filed the request under Section 10-2a-202 for the proposed municipality, the proposed municipality complied with the population, population density, and contiguity requirements described in Section 10-2a-201.5; and
(ii) provide the determination to the lieutenant governor.
(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 (1)(b)(i) and reject the application in accordance with Subsection (1)(b)(ii).
(3) The lieutenant governor shall certify or reject requests under Subsection (1) in the order in which the requests are filed.
(4)
(a)
(i) If the lieutenant governor rejects a request under Subsection (1)(b)(ii), the sponsors may, subject to Section 10-2a-206, amend the request to correct the deficiencies for which the lieutenant governor rejected the request and refile the request with the lieutenant governor.
(ii) The sponsors shall submit any amended request within 90 days after the day on which the lieutenant governor rejects the request under Subsection (1)(b)(ii).
(iii) The sponsors may reuse a signature described in Subsection 10-2a-202(1)(a) that is on a rejected request or on an amended request described in Subsection (4)(a)(i).
(b) The lieutenant governor shall consider a request that is amended and refiled under Subsection (4)(a) as a newly filed request and process the request in accordance with Subsection (3).