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9-101.03. Alternate method of incorporation for an area containing a sanitary district and four road districts; definition

A. As an alternate procedure for incorporation, any unincorporated community containing a population of two thousand five hundred persons or more, if such community includes all of the territory of four districts organized under title 48, chapter 10 and all of the territory of a district organized under title 48, chapter 14, may incorporate as a city or town if each of the following events occurs:

1. At least twenty per cent of the qualified electors of the community petition the board of supervisors, setting forth the metes and bounds of the community, stating the name proposed for the city or town, praying for the incorporation of the community into a city or town and praying for the calling of an election for the purpose of deciding the question of whether to incorporate. The board shall within sixty days after filing the petition call the election, and the election shall take place on such date as the board may designate but not more than one hundred twenty days after the filing of such petition, except that no such election may be called within twelve months from the date of a previous election for incorporation of substantially the same territory. Only qualified electors of the community shall vote on the question. If a majority of the qualified electors voting on the question votes for incorporation, the board of supervisors shall, by an order entered of record, declare the community incorporated as a city or town, if the provisions of paragraph 2 of this subsection are complied with.

2. If, on the basis of a sufficient petition under paragraph 1 of this subsection, an election is required on the question of incorporation, the board of supervisors shall also call, at the same time as the incorporation election is called, separate elections among the qualified electors of each of the districts on the question of ultimate dissolution of the districts. For the purposes of these elections, a qualified elector of a district is a person who is qualified to vote at the incorporation election called pursuant to paragraph 1 of this subsection and who resides within the district, and such person is not required to meet any additional qualifications. If a majority of the qualified electors of each district voting on the question approves it, each district shall be dissolved at the time and as otherwise provided in title 48, chapter 10 and chapter 14, respectively. Pending dissolution, the administration of district affairs vests in trust in the governing body of the city or town created pursuant to the election conducted under paragraph 1 of this subsection. Members of the governing body of such city or town are trustees of the districts for all purposes of such districts and as such have the powers and duties prescribed for the boards of directors of the districts organized pursuant to title 48, chapters 10 and 14. Such trustees may, without limitation, except as provided by law and within this section, operate the facilities of the districts, may cause the levy of district taxes and assessments to pay debts and operating charges of the districts and may issue and sell bonds previously authorized for improvements before dissolution of the districts. Indebtedness and obligations of or issued by or on behalf of such districts shall not become indebtedness or obligations of such city or town, except that such city or town is responsible as a trustee to insure that all obligations and debts of the districts are paid when due from funds available to the trustees from the districts. Until dissolution, nothing is deemed to preclude such a district from otherwise continuing to carry on its activities and transacting its business, or from entering into contracts and agreements otherwise authorized with such city or town, or from transferring streets and other property to such city or town. At elections conducted after incorporation in districts to which this section applies, the electors must be qualified electors of the city or town who reside within the district and are fully qualified to vote in a city or town election if one was conducted at the same time and shall not be required to meet any additional qualifications.

B. Members of the boards of directors of the districts, if the terms of such members have not expired, shall serve as an advisory board to the trustees until expiration of the terms or earlier vacancy, and thereafter the office is deemed abolished.

C. If the qualified electors voting in the election conducted pursuant to subsection A, paragraph 1 fail to approve incorporation or if the qualified electors voting in either of the elections conducted pursuant to subsection A, paragraph 2 fail to approve dissolution, the community shall not at that time become an incorporated city or town.

D. If incorporation is accomplished pursuant to this section, the order of the board of supervisors shall designate the name of the city or town and its metes and bounds, and thereafter the inhabitants within the area so defined are a body politic and corporate by the name designated.

E. An area to be incorporated shall not include large areas of uninhabited, rural or farm lands, but it shall be urban in nature.

F. As used in this section, "community" means a locality in which a body of people resides in more or less proximity having common interests in such services as public health, public protection, fire protection and water which bind together the people of the area and the people are acquainted and mingle in business, social, educational and recreational activities.