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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-210

This section requires officials to schedule and hold an incorporation election, give public notice, and distribute a voter pamphlet; it also limits who may vote and provides when incorporation occurs.

Source excerpt

election noticefeasibility study disclosureincorporationmunicipal boundarymunicipal incorporationpublic noticevoter access
Jurisdiction
United States — Utah
Status
In force
Dates
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“This section requires officials to schedule and hold an incorporation election, give public notice, and distribute a voter pamphlet; it also limits who may vote and provides when incorporation occurs.”

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Subsection 10-2a-210(3)(a)

The required notice must include specified petition, area, election, polling-place, and study information, unless Subsection (3)(b) applies.

Section 10-2a-210(3)(a)

Subsection 10-2a-210(4)

The county clerk must publish and distribute a voter information pamphlet before the incorporation election, and the pamphlet must inform the public of the proposed incorporation.

Section 10-2a-210(4)

Subsection 10-2a-210(5)

An individual may not vote in an incorporation election under this section unless the individual is a registered voter and a resident within the boundaries of the proposed municipality.

Section 10-2a-210(5)

Subsection 10-2a-210(6)(b)(iii)

Approving separate areas are incorporated as a municipality only if their combined total population is at least 80% of the population within the community council area.

Section 10-2a-210(6)(b)(iii)

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Source record from le.utah.gov · Legal dates not recorded

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Showing 34 of 34 provisions

Provision 34

Part 10-2a-2

part 10-2a-2 Incorporation of a Municipality

§ 10-2a-210Incorporation election -- Notice of election -- Voter information pamphlet.Provision

Source excerpt

This section requires officials to schedule and hold an incorporation election, give public notice, and distribute a voter pamphlet; it also limits who may vote and provides when incorporation occurs.

Incorporation election -- Notice of election -- Voter information pamphlet. If the county clerk certifies a petition for incorporation under Subsection 10-2a-209(1)(b) , the lieutenant governor shall schedule an incorporation election for the proposed municipality described in the petition for incorporation to be held on the date of the next regular general election described in Section 20A-1-201 , or the next municipal general election described in Section 20A-1-202 , that is at least 65 days after the day on which the county clerk certifies the petition for incorporation. The lieutenant governor shall direct the county legislative body of the county in which the proposed municipality is located to hold the election on the date that the lieutenant governor schedules under Subsection (1)(a). The county legislative body shall hold the election as directed by the lieutenant governor under Subsection (1)(b)(i). The county clerk shall provide notice of the election for the area proposed to be incorporated, as a class B notice under Section 63G-30-102 , for at least three weeks before the day of the election. The notice described in Subsection (2) shall include: a statement of the contents of the petition for incorporation; a description of the area proposed to be incorporated as a municipality; a statement of the date and time of the election and the location of polling places; and except as provided in Subsection (3)(b), the feasibility study summary described in Subsection 10-2a-205(2)(c)(iii) and a statement that a full copy of the study is available on the county's website and for inspection at the county offices. Instead of including the feasibility summary under Subsection (3)(a)(iv), the notice may include a statement that specifies the following sources where a registered voter in the area proposed to be incorporated may view or obtain a copy of the feasibility study: the county's website; the physical address of the county clerk office; and a mailing address and telephone number. In addition to the notice described in Subsection (2), the county clerk shall publish and distribute, before the incorporation election is held, a voter information pamphlet: in accordance with the procedures and requirements of Section 20A-7-402 ; in consultation with the lieutenant governor; and in a manner that the county clerk determines is adequate, subject to Subsections (4)(a)(i) and (ii). The voter information pamphlet described in Subsection (4)(a): shall inform the public of the proposed incorporation; and may include written statements, printed in the same font style and point size, from proponents and opponents of the proposed incorporation. An individual may not vote in an incorporation election under this section unless the individual is a registered voter who is a resident, as defined in Section 20A-1-102 , within the boundaries of the proposed municipality. Subject to Subsection (6)(b), if a majority of those who vote in an incorporation election held under this section cast votes in favor of incorporation, the area shall incorporate. As used in this Subsection (6)(b): "Approving separate area" means a separate area in which a majority of those voting in an incorporation election for the incorporation of a community council area vote in favor of incorporation. "Separate area" means an unincorporated island, as defined in Section 10-2-814 , that is within a community council area. If a majority of those within a separate area voting in an incorporation election for the incorporation of a community council area vote against incorporation, that separate area is excluded from the incorporation. Approving separate areas are incorporated as a municipality if the combined total population within all approving separate areas is at least 80% of the population within the community council area.
Section 10-2a-210Verify source
§ 10-2a-210(1)Subsection 10-2a-210(1)Provision

Source excerpt

If the county clerk certifies an incorporation petition, the lieutenant governor must schedule an incorporation election and direct the county legislative body to hold it.

If the county clerk certifies a petition for incorporation under Subsection 10-2a-209(1)(b) , the lieutenant governor shall schedule an incorporation election for the proposed municipality described in the petition for incorporation to be held on the date of the next regular general election described in Section 20A-1-201 , or the next municipal general election described in Section 20A-1-202 , that is at least 65 days after the day on which the county clerk certifies the petition for incorporation. The lieutenant governor shall direct the county legislative body of the county in which the proposed municipality is located to hold the election on the date that the lieutenant governor schedules under Subsection (1)(a). The county legislative body shall hold the election as directed by the lieutenant governor under Subsection (1)(b)(i).
Section 10-2a-210(1)Verify source
§ 10-2a-210(1)(a)Subsection 10-2a-210(1)(a)Provision

Source excerpt

If the county clerk certifies a petition for incorporation, the lieutenant governor must schedule an incorporation election.

If the county clerk certifies a petition for incorporation under Subsection 10-2a-209(1)(b) , the lieutenant governor shall schedule an incorporation election for the proposed municipality described in the petition for incorporation to be held on the date of the next regular general election described in Section 20A-1-201 , or the next municipal general election described in Section 20A-1-202 , that is at least 65 days after the day on which the county clerk certifies the petition for incorporation.
Section 10-2a-210(1)(a)Verify source
§ 10-2a-210(1)(b)Subsection 10-2a-210(1)(b)Provision

Source excerpt

The lieutenant governor must direct the county legislative body to hold the election on the scheduled date, and the county legislative body must hold it as directed.

The lieutenant governor shall direct the county legislative body of the county in which the proposed municipality is located to hold the election on the date that the lieutenant governor schedules under Subsection (1)(a). The county legislative body shall hold the election as directed by the lieutenant governor under Subsection (1)(b)(i).
Section 10-2a-210(1)(b)Verify source
§ 10-2a-210(1)(b)(i)Subsection 10-2a-210(1)(b)(i)Provision

Source excerpt

The lieutenant governor must direct the county legislative body to hold the election on the date the lieutenant governor schedules under Subsection (1)(a).

The lieutenant governor shall direct the county legislative body of the county in which the proposed municipality is located to hold the election on the date that the lieutenant governor schedules under Subsection (1)(a).
Section 10-2a-210(1)(b)(i)Verify source
§ 10-2a-210(1)(b)(ii)Subsection 10-2a-210(1)(b)(ii)Provision

Source excerpt

The county legislative body must hold the election as directed by the lieutenant governor.

The county legislative body shall hold the election as directed by the lieutenant governor under Subsection (1)(b)(i).
Section 10-2a-210(1)(b)(ii)Verify source
§ 10-2a-210(2)Subsection 10-2a-210(2)Provision

Source excerpt

The county clerk must give election notice for the area proposed to be incorporated.

The county clerk shall provide notice of the election for the area proposed to be incorporated, as a class B notice under Section 63G-30-102 , for at least three weeks before the day of the election.
Section 10-2a-210(2)Verify source
§ 10-2a-210(3)Subsection 10-2a-210(3)Provision

Source excerpt

The required notice must include specified incorporation, election, and feasibility-study information, but it may instead state where a registered voter can view or get the feasibility study.

The notice described in Subsection (2) shall include: a statement of the contents of the petition for incorporation; a description of the area proposed to be incorporated as a municipality; a statement of the date and time of the election and the location of polling places; and except as provided in Subsection (3)(b), the feasibility study summary described in Subsection 10-2a-205(2)(c)(iii) and a statement that a full copy of the study is available on the county's website and for inspection at the county offices. Instead of including the feasibility summary under Subsection (3)(a)(iv), the notice may include a statement that specifies the following sources where a registered voter in the area proposed to be incorporated may view or obtain a copy of the feasibility study: the county's website; the physical address of the county clerk office; and a mailing address and telephone number.
Section 10-2a-210(3)Verify source
§ 10-2a-210(3)(a)Subsection 10-2a-210(3)(a)Provision

Source excerpt

The required notice must include specified petition, area, election, polling-place, and study information, unless Subsection (3)(b) applies.

The notice described in Subsection (2) shall include: a statement of the contents of the petition for incorporation; a description of the area proposed to be incorporated as a municipality; a statement of the date and time of the election and the location of polling places; and except as provided in Subsection (3)(b), the feasibility study summary described in Subsection 10-2a-205(2)(c)(iii) and a statement that a full copy of the study is available on the county's website and for inspection at the county offices.
Section 10-2a-210(3)(a)Verify source
§ 10-2a-210(3)(a)(i)Subsection 10-2a-210(3)(a)(i)Provision

Source excerpt

a statement of the contents of the petition for incorporation;

a statement of the contents of the petition for incorporation;
Section 10-2a-210(3)(a)(i)Verify source
§ 10-2a-210(3)(a)(ii)Subsection 10-2a-210(3)(a)(ii)Provision

Source excerpt

a description of the area proposed to be incorporated as a municipality;

a description of the area proposed to be incorporated as a municipality;
Section 10-2a-210(3)(a)(ii)Verify source
§ 10-2a-210(3)(a)(iii)Subsection 10-2a-210(3)(a)(iii)Provision

Source excerpt

a statement of the date and time of the election and the location of polling places; and

a statement of the date and time of the election and the location of polling places; and
Section 10-2a-210(3)(a)(iii)Verify source
§ 10-2a-210(3)(a)(iv)Subsection 10-2a-210(3)(a)(iv)Provision

Source excerpt

except as provided in Subsection (3)(b), the feasibility study summary described in Subsection 10-2a-205(2)(c)(iii) and a statement that a full copy of the study is available on the county's website and for inspection at the county offices.

except as provided in Subsection (3)(b), the feasibility study summary described in Subsection 10-2a-205(2)(c)(iii) and a statement that a full copy of the study is available on the county's website and for inspection at the county offices.
Section 10-2a-210(3)(a)(iv)Verify source
§ 10-2a-210(3)(b)Subsection 10-2a-210(3)(b)Provision

Source excerpt

The notice may add a statement listing where a registered voter can view or get a copy of the feasibility study.

Instead of including the feasibility summary under Subsection (3)(a)(iv), the notice may include a statement that specifies the following sources where a registered voter in the area proposed to be incorporated may view or obtain a copy of the feasibility study: the county's website; the physical address of the county clerk office; and a mailing address and telephone number.
Section 10-2a-210(3)(b)Verify source
§ 10-2a-210(3)(b)(i)Subsection 10-2a-210(3)(b)(i)Provision

Source excerpt

the county's website;

the county's website;
Section 10-2a-210(3)(b)(i)Verify source
§ 10-2a-210(3)(b)(ii)Subsection 10-2a-210(3)(b)(ii)Provision

Source excerpt

the physical address of the county clerk office; and

the physical address of the county clerk office; and
Section 10-2a-210(3)(b)(ii)Verify source
§ 10-2a-210(3)(b)(iii)Subsection 10-2a-210(3)(b)(iii)Provision

Source excerpt

a mailing address and telephone number.

a mailing address and telephone number.
Section 10-2a-210(3)(b)(iii)Verify source
§ 10-2a-210(4)Subsection 10-2a-210(4)Provision

Source excerpt

The county clerk must publish and distribute a voter information pamphlet before the incorporation election, and the pamphlet must inform the public of the proposed incorporation.

In addition to the notice described in Subsection (2), the county clerk shall publish and distribute, before the incorporation election is held, a voter information pamphlet: in accordance with the procedures and requirements of Section 20A-7-402 ; in consultation with the lieutenant governor; and in a manner that the county clerk determines is adequate, subject to Subsections (4)(a)(i) and (ii). The voter information pamphlet described in Subsection (4)(a): shall inform the public of the proposed incorporation; and may include written statements, printed in the same font style and point size, from proponents and opponents of the proposed incorporation.
Section 10-2a-210(4)Verify source
§ 10-2a-210(4)(a)Subsection 10-2a-210(4)(a)Provision

Source excerpt

The county clerk must publish and distribute a voter information pamphlet before the incorporation election, in addition to the notice in Subsection (2).

In addition to the notice described in Subsection (2), the county clerk shall publish and distribute, before the incorporation election is held, a voter information pamphlet: in accordance with the procedures and requirements of Section 20A-7-402 ; in consultation with the lieutenant governor; and in a manner that the county clerk determines is adequate, subject to Subsections (4)(a)(i) and (ii).
Section 10-2a-210(4)(a)Verify source
§ 10-2a-210(4)(a)(i)Subsection 10-2a-210(4)(a)(i)Provision

Source excerpt

in accordance with the procedures and requirements of Section 20A-7-402 ;

in accordance with the procedures and requirements of Section 20A-7-402 ;
Section 10-2a-210(4)(a)(i)Verify source
§ 10-2a-210(4)(a)(ii)Subsection 10-2a-210(4)(a)(ii)Provision

Source excerpt

in consultation with the lieutenant governor; and

in consultation with the lieutenant governor; and
Section 10-2a-210(4)(a)(ii)Verify source
§ 10-2a-210(4)(a)(iii)Subsection 10-2a-210(4)(a)(iii)Provision

Source excerpt

The county clerk determines whether the manner is adequate, subject to Subsections (4)(a)(i) and (ii).

in a manner that the county clerk determines is adequate, subject to Subsections (4)(a)(i) and (ii).
Section 10-2a-210(4)(a)(iii)Verify source
§ 10-2a-210(4)(b)Subsection 10-2a-210(4)(b)Provision

Source excerpt

The voter information pamphlet must inform the public of the proposed incorporation.

The voter information pamphlet described in Subsection (4)(a): shall inform the public of the proposed incorporation; and may include written statements, printed in the same font style and point size, from proponents and opponents of the proposed incorporation.
Section 10-2a-210(4)(b)Verify source
§ 10-2a-210(4)(b)(i)Subsection 10-2a-210(4)(b)(i)Provision

Source excerpt

shall inform the public of the proposed incorporation; and

shall inform the public of the proposed incorporation; and
Section 10-2a-210(4)(b)(i)Verify source
§ 10-2a-210(4)(b)(ii)Subsection 10-2a-210(4)(b)(ii)Provision

Source excerpt

may include written statements, printed in the same font style and point size, from proponents and opponents of the proposed incorporation.

may include written statements, printed in the same font style and point size, from proponents and opponents of the proposed incorporation.
Section 10-2a-210(4)(b)(ii)Verify source
§ 10-2a-210(5)Subsection 10-2a-210(5)Provision

Source excerpt

An individual may not vote in an incorporation election under this section unless the individual is a registered voter and a resident within the boundaries of the proposed municipality.

An individual may not vote in an incorporation election under this section unless the individual is a registered voter who is a resident, as defined in Section 20A-1-102 , within the boundaries of the proposed municipality.
Section 10-2a-210(5)Verify source
§ 10-2a-210(6)Subsection 10-2a-210(6)Provision

Source excerpt

If voters approve incorporation in the election, the area must incorporate, subject to a special rule for separate areas.

Subject to Subsection (6)(b), if a majority of those who vote in an incorporation election held under this section cast votes in favor of incorporation, the area shall incorporate. As used in this Subsection (6)(b): "Approving separate area" means a separate area in which a majority of those voting in an incorporation election for the incorporation of a community council area vote in favor of incorporation. "Separate area" means an unincorporated island, as defined in Section 10-2-814 , that is within a community council area. If a majority of those within a separate area voting in an incorporation election for the incorporation of a community council area vote against incorporation, that separate area is excluded from the incorporation. Approving separate areas are incorporated as a municipality if the combined total population within all approving separate areas is at least 80% of the population within the community council area.
Section 10-2a-210(6)Verify source
§ 10-2a-210(6)(a)Subsection 10-2a-210(6)(a)Provision

Source excerpt

If a majority of voters in an incorporation election vote for incorporation, the area incorporates, subject to Subsection (6)(b).

Subject to Subsection (6)(b), if a majority of those who vote in an incorporation election held under this section cast votes in favor of incorporation, the area shall incorporate.
Section 10-2a-210(6)(a)Verify source
§ 10-2a-210(6)(b)Subsection 10-2a-210(6)(b)Provision

Source excerpt

Defines “approving separate area” and “separate area,” excludes a separate area that votes against incorporation, and allows incorporation only if approving separate areas contain at least 80% of the community council area population.

As used in this Subsection (6)(b): "Approving separate area" means a separate area in which a majority of those voting in an incorporation election for the incorporation of a community council area vote in favor of incorporation. "Separate area" means an unincorporated island, as defined in Section 10-2-814 , that is within a community council area. If a majority of those within a separate area voting in an incorporation election for the incorporation of a community council area vote against incorporation, that separate area is excluded from the incorporation. Approving separate areas are incorporated as a municipality if the combined total population within all approving separate areas is at least 80% of the population within the community council area.
Section 10-2a-210(6)(b)Verify source
§ 10-2a-210(6)(b)(i)Subsection 10-2a-210(6)(b)(i)Provision

Source excerpt

This subsection defines “approving separate area” and “separate area.”

As used in this Subsection (6)(b): "Approving separate area" means a separate area in which a majority of those voting in an incorporation election for the incorporation of a community council area vote in favor of incorporation. "Separate area" means an unincorporated island, as defined in Section 10-2-814 , that is within a community council area.
Section 10-2a-210(6)(b)(i)Verify source
§ 10-2a-210(6)(b)(i)(A)Subsection 10-2a-210(6)(b)(i)(A)Provision

Source excerpt

“Approving separate area” means a separate area where a majority of voters in the incorporation election vote in favor of incorporation.

"Approving separate area" means a separate area in which a majority of those voting in an incorporation election for the incorporation of a community council area vote in favor of incorporation.
Section 10-2a-210(6)(b)(i)(A)Verify source
§ 10-2a-210(6)(b)(i)(B)Subsection 10-2a-210(6)(b)(i)(B)Provision

Source excerpt

“Separate area” means an unincorporated island within a community council area.

"Separate area" means an unincorporated island, as defined in Section 10-2-814 , that is within a community council area.
Section 10-2a-210(6)(b)(i)(B)Verify source
§ 10-2a-210(6)(b)(ii)Subsection 10-2a-210(6)(b)(ii)Provision

Source excerpt

If a majority of those within a separate area voting in an incorporation election for the incorporation of a community council area vote against incorporation, that separate area is excluded from the incorporation.

If a majority of those within a separate area voting in an incorporation election for the incorporation of a community council area vote against incorporation, that separate area is excluded from the incorporation.
Section 10-2a-210(6)(b)(ii)Verify source
§ 10-2a-210(6)(b)(iii)Subsection 10-2a-210(6)(b)(iii)Provision

Source excerpt

Approving separate areas are incorporated as a municipality only if their combined total population is at least 80% of the population within the community council area.

Approving separate areas are incorporated as a municipality if the combined total population within all approving separate areas is at least 80% of the population within the community council area.
Section 10-2a-210(6)(b)(iii)Verify source

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