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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-213

If an incorporation proposal passes, the petition sponsors must make specified council-structure determinations, hold a public hearing before doing so, and file the results in writing; the county…

Source excerpt

city council compositionincorporation electionlocal government organizationmunicipal governancemunicipal incorporationpublic hearingpublic notice
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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“If an incorporation proposal passes, the petition sponsors must make specified council-structure determinations, hold a public hearing before doing so, and file the results in writing; the county clerk must give notice, and may bill the sponsors for notice costs.”

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Subsection 10-2a-213(1)(a)(ii)

If voters at the incorporation election choose district-based council elections, they must determine how many council members will be elected by district and draw district boundaries that are substantially equal in population.

Section 10-2a-213(1)(a)(ii)

Subsection 10-2a-213(1)(b)(i)(B)

the remaining members of the municipal council are elected to serve an initial term, of no less than one year, that allows the members' successors to serve a full four-year term that coincides with the schedule established in Subsection

Section 10-2a-213(1)(b)(i)(B)

Subsection 10-2a-213(3)

The petition sponsors must hold a public hearing in the future municipality, under the county clerk’s direction, before a determination under Subsection (1)(a) or (b)(i).

Section 10-2a-213(3)

Subsection 10-2a-213(5)

The county clerk may bill the petition sponsors for the notice-preparation, printing, and publication costs described in Subsection (4).

Section 10-2a-213(5)

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

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Showing 16 of 16 provisions

Provision 16

Part 10-2a-2

part 10-2a-2 Incorporation of a Municipality

§ 10-2a-213Determination of number of council members -- Determination of election districts -- Hearings and notice.Provision

Source excerpt

If an incorporation proposal passes, the petition sponsors must make specified council-structure determinations, hold a public hearing before doing so, and file the results in writing; the county clerk must give notice, and may bill the sponsors for notice costs.

Determination of number of council members -- Determination of election districts -- Hearings and notice. If the incorporation proposal passes, the sponsors of the petition for incorporation shall, within 30 days after the day on which the county conducts the canvass of the election under Section 10-2a-212 : for the incorporation of a city: if the voters at the incorporation election choose the council-mayor form of government, determine the number of council members that will constitute the city council of the city; and if the voters at the incorporation election vote to elect council members by district, determine the number of council members to be elected by district and draw the boundaries of those districts, which shall be substantially equal in population; and for the incorporation of any municipality: determine the initial terms of the mayor and members of the municipal council so that: the mayor and approximately half the members of the municipal council are elected to serve an initial term, of no less than one year, that allows the mayor's and members' successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(1) ; and the remaining members of the municipal council are elected to serve an initial term, of no less than one year, that allows the members' successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(2) ; and submit in writing to the county legislative body the results of the determinations made by the sponsors under Subsections (1)(a) and (b)(i) . A newly incorporated town shall operate under the five-member council form of government as defined in Section 10-3b-102 . Before making a determination under Subsection (1)(a) or (b)(i) , the sponsors of the petition for incorporation shall, under the direction of the county clerk, hold a public hearing within the future municipality on the applicable issues described in Subsections (1)(a) and (b)(i) . Notice of the public hearing described in Subsection (3) shall be provided as follows: the county clerk shall provide notice for the future municipality, as a class B notice under Section 63G-30-102 , for at least two weeks before the day of the public hearing; and if the future municipality has a website, the sponsors of the petition for incorporation shall post notice on the future municipality's website for at least two weeks before the day of the public hearing. The county clerk may bill the petition sponsors for the cost of preparing, printing, and publishing the notice described in Subsection (4) .
Section 10-2a-213Verify source
§ 10-2a-213(1)Subsection 10-2a-213(1)Provision

Source excerpt

If an incorporation proposal passes, the petition sponsors must make several incorporation-related determinations and report them in writing to the county legislative body within 30 days after the county canvass.

If the incorporation proposal passes, the sponsors of the petition for incorporation shall, within 30 days after the day on which the county conducts the canvass of the election under Section 10-2a-212 : for the incorporation of a city: if the voters at the incorporation election choose the council-mayor form of government, determine the number of council members that will constitute the city council of the city; and if the voters at the incorporation election vote to elect council members by district, determine the number of council members to be elected by district and draw the boundaries of those districts, which shall be substantially equal in population; and for the incorporation of any municipality: determine the initial terms of the mayor and members of the municipal council so that: the mayor and approximately half the members of the municipal council are elected to serve an initial term, of no less than one year, that allows the mayor's and members' successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(1) ; and the remaining members of the municipal council are elected to serve an initial term, of no less than one year, that allows the members' successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(2) ; and submit in writing to the county legislative body the results of the determinations made by the sponsors under Subsections (1)(a) and (b)(i) .
Section 10-2a-213(1)Verify source
§ 10-2a-213(1)(a)Subsection 10-2a-213(1)(a)Provision

Source excerpt

for the incorporation of a city: if the voters at the incorporation election choose the council-mayor form of government, determine the number of council members that will constitute the city council of the city; and if the voters at the

for the incorporation of a city: if the voters at the incorporation election choose the council-mayor form of government, determine the number of council members that will constitute the city council of the city; and if the voters at the incorporation election vote to elect council members by district, determine the number of council members to be elected by district and draw the boundaries of those districts, which shall be substantially equal in population; and
Section 10-2a-213(1)(a)Verify source
§ 10-2a-213(1)(a)(i)Subsection 10-2a-213(1)(a)(i)Provision

Source excerpt

If voters at the incorporation election choose the council-mayor form of government, the city determines how many council members will make up the city council.

if the voters at the incorporation election choose the council-mayor form of government, determine the number of council members that will constitute the city council of the city; and
Section 10-2a-213(1)(a)(i)Verify source
§ 10-2a-213(1)(a)(ii)Subsection 10-2a-213(1)(a)(ii)Provision

Source excerpt

If voters at the incorporation election choose district-based council elections, they must determine how many council members will be elected by district and draw district boundaries that are substantially equal in population.

if the voters at the incorporation election vote to elect council members by district, determine the number of council members to be elected by district and draw the boundaries of those districts, which shall be substantially equal in population; and
Section 10-2a-213(1)(a)(ii)Verify source
§ 10-2a-213(1)(b)Subsection 10-2a-213(1)(b)Provision

Source excerpt

For a municipality being incorporated, the sponsors must set initial mayor and council terms so the first terms are at least one year and lead into the four-year election schedule, and they must submit the determination results in writing to the county legislative body.

for the incorporation of any municipality: determine the initial terms of the mayor and members of the municipal council so that: the mayor and approximately half the members of the municipal council are elected to serve an initial term, of no less than one year, that allows the mayor's and members' successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(1) ; and the remaining members of the municipal council are elected to serve an initial term, of no less than one year, that allows the members' successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(2) ; and submit in writing to the county legislative body the results of the determinations made by the sponsors under Subsections (1)(a) and (b)(i) .
Section 10-2a-213(1)(b)Verify source
§ 10-2a-213(1)(b)(i)Subsection 10-2a-213(1)(b)(i)Provision

Source excerpt

The mayor and council seats must be set up with initial terms of at least one year so successors can move into four-year terms on the stated schedule.

determine the initial terms of the mayor and members of the municipal council so that: the mayor and approximately half the members of the municipal council are elected to serve an initial term, of no less than one year, that allows the mayor's and members' successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(1) ; and the remaining members of the municipal council are elected to serve an initial term, of no less than one year, that allows the members' successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(2) ; and
Section 10-2a-213(1)(b)(i)Verify source
§ 10-2a-213(1)(b)(i)(A)Subsection 10-2a-213(1)(b)(i)(A)Provision

Source excerpt

The mayor and about half of the municipal council are elected to an initial term of at least one year.

the mayor and approximately half the members of the municipal council are elected to serve an initial term, of no less than one year, that allows the mayor's and members' successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(1) ; and
Section 10-2a-213(1)(b)(i)(A)Verify source
§ 10-2a-213(1)(b)(i)(B)Subsection 10-2a-213(1)(b)(i)(B)Provision

Source excerpt

the remaining members of the municipal council are elected to serve an initial term, of no less than one year, that allows the members' successors to serve a full four-year term that coincides with the schedule established in Subsection

the remaining members of the municipal council are elected to serve an initial term, of no less than one year, that allows the members' successors to serve a full four-year term that coincides with the schedule established in Subsection 10-3-205(2) ; and
Section 10-2a-213(1)(b)(i)(B)Verify source
§ 10-2a-213(1)(b)(ii)Subsection 10-2a-213(1)(b)(ii)Provision

Source excerpt

submit in writing to the county legislative body the results of the determinations made by the sponsors under Subsections (1)(a) and (b)(i) .

submit in writing to the county legislative body the results of the determinations made by the sponsors under Subsections (1)(a) and (b)(i) .
Section 10-2a-213(1)(b)(ii)Verify source
§ 10-2a-213(2)Subsection 10-2a-213(2)Provision

Source excerpt

A newly incorporated town shall operate under the five-member council form of government as defined in Section 10-3b-102 .

A newly incorporated town shall operate under the five-member council form of government as defined in Section 10-3b-102 .
Section 10-2a-213(2)Verify source
§ 10-2a-213(3)Subsection 10-2a-213(3)Provision

Source excerpt

The petition sponsors must hold a public hearing in the future municipality, under the county clerk’s direction, before a determination under Subsection (1)(a) or (b)(i).

Before making a determination under Subsection (1)(a) or (b)(i) , the sponsors of the petition for incorporation shall, under the direction of the county clerk, hold a public hearing within the future municipality on the applicable issues described in Subsections (1)(a) and (b)(i) .
Section 10-2a-213(3)Verify source
§ 10-2a-213(4)Subsection 10-2a-213(4)Provision

Source excerpt

The county clerk must give notice for the future municipality as a class B notice, and petition sponsors must post notice on the future municipality’s website if it has one.

Notice of the public hearing described in Subsection (3) shall be provided as follows: the county clerk shall provide notice for the future municipality, as a class B notice under Section 63G-30-102 , for at least two weeks before the day of the public hearing; and if the future municipality has a website, the sponsors of the petition for incorporation shall post notice on the future municipality's website for at least two weeks before the day of the public hearing.
Section 10-2a-213(4)Verify source
§ 10-2a-213(4)(a)Subsection 10-2a-213(4)(a)Provision

Source excerpt

The county clerk must give notice for the future municipality as a class B notice under Section 63G-30-102 at least two weeks before the public hearing.

the county clerk shall provide notice for the future municipality, as a class B notice under Section 63G-30-102 , for at least two weeks before the day of the public hearing; and
Section 10-2a-213(4)(a)Verify source
§ 10-2a-213(4)(b)Subsection 10-2a-213(4)(b)Provision

Source excerpt

If the future municipality has a website, the petition sponsors must post notice on that website for at least two weeks before the public hearing.

if the future municipality has a website, the sponsors of the petition for incorporation shall post notice on the future municipality's website for at least two weeks before the day of the public hearing.
Section 10-2a-213(4)(b)Verify source
§ 10-2a-213(5)Subsection 10-2a-213(5)Provision

Source excerpt

The county clerk may bill the petition sponsors for the notice-preparation, printing, and publication costs described in Subsection (4).

The county clerk may bill the petition sponsors for the cost of preparing, printing, and publishing the notice described in Subsection (4) .
Section 10-2a-213(5)Verify source

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