10-2a-208. Petition for incorporation — Requirements and form.
(1)
At any time within one year after the day on which the county clerk completes the public hearings required under Section 10-2a-207, individuals within the proposed municipality may proceed with the incorporation process by circulating, and submitting to the county clerk, a petition for incorporation that, to be certified under Subsection 10-2a-209(1)(b)(i), is required to be signed by:
Terms Used In Utah Code 10-2a-208
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
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
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
10% of all registered voters within the area proposed to be incorporated as a municipality, as of the day on which the petition for incorporation is filed;
(b)
if the petition for incorporation proposes the incorporation of a city, and subject to Subsection (5), 10% of all registered voters within 90% of the voting precincts within the area proposed to be incorporated as a city, as of the day on which the petition for incorporation is filed; and
(c)
the owners of private real property that:
(i)
is located within the proposed municipality;
(ii)
covers at least 10% of the total private land area within the proposed municipality; and
(iii)
on January 1 of the current year, was equal in assessed fair market value to at least 7% of the assessed fair market value of all private real property within the proposed municipality.
(2)
The petition for incorporation shall:
(a)
include the typed or printed name and current residence address of each voter who signs the petition for incorporation;
(b)
describe the area proposed to be incorporated as a municipality, as described in the feasibility request or the modified feasibility request that complies with Subsection 10-2a-205(5)(a);
(c)
state the proposed name for the proposed municipality;
(d)
designate five signers of the petition for incorporation as petition sponsors, one of whom is designated as the contact sponsor, with the mailing address and telephone number of each;
(e)
if the sponsors propose the incorporation of a city, state that the signers of the petition for incorporation appoint the sponsors, if the incorporation measure passes, to represent the signers in:
(i)
selecting the number of commission or council members the new city will have; and
(ii)
drawing district boundaries for the election of council members, if the voters decide to elect council members by district;
(f)
be accompanied by and circulated with an accurate plat or map, prepared by a licensed surveyor, showing the boundaries of the proposed municipality; and
(g)
substantially comply with and be circulated in the following form: PETITION FOR INCORPORATION OF (insert the proposed name of the proposed municipality) To the Honorable Lieutenant Governor and the [name of county legislative body]: We, the undersigned registered voters within the area described in this petition for incorporation, respectfully petition the lieutenant governor and the county legislative body to submit to the registered voters residing within the area described in this petition for incorporation, at the next regular general election, the question of whether the area should incorporate as a municipality. Each of the undersigned affirms that each has personally signed this petition for incorporation and is a registered voter who resides within the described area, and that the current residence address of each is correctly written after the signer’s name. The area proposed to be incorporated as a municipality is described as follows:[insert an accurate description of the area proposed to be incorporated].
(3)
(a)
Except as provided in Subsection (3)(b), a valid signature on a feasibility request described in Section 10-2a-202 or a modified feasibility request described in Section 10-2a-206 may be used toward fulfilling the signature requirement described in Subsection (1) if the feasibility request notified the signer in conspicuous language that the signature, unless withdrawn, would also be used for a petition for incorporation under this section.
(b)
A signature described in Subsection (3)(a) may not be used toward fulfilling the signature requirement described in Subsection (1) if the signer files with the county clerk a written withdrawal of the signature before the petition for incorporation is filed with the county clerk under this section.
(4)
(a)
A voter who signs a petition for incorporation may have the voter’s signature removed from the petition by, no later than three business days after the day on which the petition for incorporation is submitted to the county clerk, submitting to the county clerk a statement requesting that the voter’s signature be removed.
(b)
A statement described in Subsection (4)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).
(c)
The lieutenant governor shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual’s signature from a petition after receiving a timely, valid statement requesting removal of the signature.
(d)
The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual’s signature from a petition for incorporation after receiving a timely, valid statement requesting removal of the signature.
(5)
(a)
A signature does not qualify under Subsection (1)(b) if the signature is gathered from a voting precinct that:
(i)
except in a proposed municipality that will be a city of the fifth class, is not located entirely within the boundaries of a proposed city; or
(ii)
includes less than 50 registered voters.
(b)
A voting precinct that is not located entirely within the boundaries of the proposed city does not qualify as a voting precinct under Subsection (1)(b).
Amended by Chapter 116, 2023 General Session, (Coordination Clause) Amended by Chapter 116, 2023 General Session Amended by Chapter 224, 2023 General Session
