10-2a-404. Election — Notice.
| (1) |
Terms Used In Utah Code 10-2a-404
| (a) |
Notwithstanding Section 20A-1-203, a county of the first class shall hold a local special election on November 3, 2015, on the following ballot propositions:
| (i) |
for registered voters residing within a planning township:
| (A) |
whether the planning township shall be incorporated as a city or town, according to the classifications of Section 10-2-301, or as a metro township; and |
| (B) |
if the planning township incorporates as a metro township, whether the metro township is included in a municipal services district; and |
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| (ii) |
for registered voters residing within an unincorporated island, whether the island should maintain its unincorporated status or be annexed into an eligible city. |
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| (b) |
| (i) |
A metro township incorporated under this part shall be governed by the five-member council in accordance with 5. |
| (ii) |
A city or town incorporated under this part shall be governed by the five-member council form of government as defined in Section 10-3b-102. |
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| (2) |
Unless a person is a registered voter who is a resident, as defined in Section 20A-1-102, within the boundaries of a planning township or an unincorporated island, the person may not vote on the proposed incorporation or annexation. |
| (3) |
The county clerk shall post notice of the election for the planning township or unincorporated island, as a class A notice under Section 63G-30-102, for three weeks before the election date. |
| (4) |
The notice required by Subsection (3) shall contain:
| (a) |
for residents of a planning township:
| (i) |
a statement that the voters will vote:
| (A) |
to incorporate as a city or town, according to the classifications of Section 10-2-301, or as a metro township; and |
| (B) |
if the planning township incorporates as a metro township, whether the metro township is included in a municipal services district; |
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| (ii) |
if applicable under Subsection 10-2a-405(5), a map showing the alteration to the planning township boundaries that would be effective upon incorporation; |
| (iii) |
a statement that if the residents of the planning township elect to incorporate:
| (A) |
as a metro township, the metro township shall be governed by a five-member metro township council in accordance with 5; or |
| (B) |
as a city or town, the city or town shall be governed by the five-member council form of government as defined in Section 10-3b-102; and |
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| (iv) |
a statement of the date and time of the election and the location of polling places; |
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| (b) |
for residents of an unincorporated island:
| (i) |
a statement that the voters will vote either to be annexed into an eligible city or maintain unincorporated status; and |
| (ii) |
a statement of the eligible city, as determined by the county legislative body in accordance with Section 10-2a-405, the unincorporated island may elect to be annexed by; and |
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| (c) |
a statement of the date and time of the election and the location of polling places. |
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| (5) |
| (a) |
In a planning township, if a majority of those casting votes within the planning township vote to:
| (i) |
incorporate as a city or town, the planning township shall incorporate as a city or town, respectively; or |
| (ii) |
incorporate as a metro township, the planning township shall incorporate as a metro township. |
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| (b) |
If a majority of those casting votes within the planning township vote to incorporate as a metro township, and a majority of those casting votes vote to include the metro township in a municipal services district and limit the metro township’s municipal powers, the metro township shall be included in a municipal services district and have limited municipal powers. |
| (c) |
In an unincorporated island, if a majority of those casting a vote within the selected unincorporated island vote to:
| (i) |
be annexed by the eligible city, the area shall be annexed by the eligible city; or |
| (ii) |
remain an unincorporated area, the area shall remain unincorporated. |
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| (6) |
The county shall, in consultation with interested parties, prepare and provide information on an annexation or incorporation subject to this part and an election held in accordance with this section. |
Amended by Chapter 16, 2023 General Session
Amended by Chapter 435, 2023 General Session
