The following is the statutory timeline regarding the filing of petitions, feasibility study and vote as required for the potential incorporation of Millcreek.

Petition Requesting a Feasibility Study

January 7, 2011 – county clerk’s office determined that it had received enough signatures for a petition requesting a feasibility study.

January 10, 2011 – Request for Feasibility Study certified by the county clerk.

March 11, 2011 – The date by which the county is required to engage the feasibility study consultant, which is 60 days from the certification date.

The consultant has 90 days to submit the feasibility study to the county legislative body and to the contact sponsors.  For example, if the County engages the consultant on March 11, 2011, the consultant will be required to submit the study no later than June 9, 2011. This date will depend on the date the County and the consultant enter into a contract.

Request for a Modified Study

The sponsors may submit a request for a modified feasibility study if the results of the feasibility study do not meet the requirements of the 105% rule and so long as the proposed boundary change does not impede on a proposed annexation and it otherwise meets the requirements of the statute.  The request for modification may not be filed more than 90 days after the original feasibility study has been submitted.

The county clerk has 20 days from receipt of a modified request to certify the request for a modified feasibility study.

The county legislative body has 10 days to commission the consultant to take into account the information submitted in the modified request.  The consultant then has 30 days to submit the supplemental feasibility study to the legislative body and sponsors.  If the results of the supplemental study do not meet the statutory requirements, the sponsors may make another modified request.

If the results of the feasibility study (or the supplemental feasibility study) meet the statutory requirements, the county legislative body shall schedule “at least two public hearings to be held:
• within the following 60 days;
• at least 7 days apart;
• in geographically diverse locations within the proposed city.”

Thus, if the consultant submits his or her study on June 13, 2011, then the two public hearings would have to be held at least seven days apart with the last hearing being held no later than August 12, 2011.

Petition for Incorporation of a New City

At any time within 18 months after the last public hearing on the feasibility study, the sponsors may submit a petition for incorporation. So, if the last public hearing were held on August 12, 2011, then the sponsors would have until February 12, 2013 to submit a petition for incorporation.

The county clerk then has 45 days to certify or reject the petition for incorporation. So, if the sponsors submitted the petition for incorporation on February 12, 2013, the county clerk would have to certify or reject the request no later than March 29, 2013. This date depends on the date the petition is submitted.

If the clerk rejects the petition, then the sponsors have 30 days to file a modified petition. The clerk has 20 days to certify or reject the petition. If the clerk rejects the modified petition for incorporation, the sponsors may not submit another modified petition.

If the county clerk certifies the petition, then the county legislative body shall hold an election on the proposed incorporation “[a]t the next special election date … more than 45 days after the county legislative body’s receipt of the certified petition or certified modified petition.” So, if the legislative body receives the certified petition on March 29, 2013, then the election would be held on the fourth Tuesday in June, 2013, which would be June 25, 2013.

The clerk then has 10 days after the canvass of the incorporation election to send the results to the lieutenant governor and, if the measure passes, to send the information regarding the newly incorporated city. If the petition passes, the petition sponsors within 25 days from the canvass determine the number of council or commission members and terms and submit the information to the county legislative body. The county clerk then has 20 days from the receipt of this information by the county legislative body to publish notice of the number of commission or council members. The county legislative body shall hold a primary election (if permitted) and a final election for the election of city officials. No election may be held before 75 days after the incorporation election.

The county clerk shall send the results of the election of city officers within 10 days of the canvass to the lieutenant governor. The mayor-elect of the new city shall file a copy of the impending boundary action and the final local entity plat within 30 days after the canvass. The incorporation is effective upon the lieutenant governor’s issuance of a certificate of incorporation. The lieutenant governor has 10 days to issue the certificate from the date it receives notice of the boundary action if the request meets all the statutory requirements.

From the Salt Lake County Website