10-2-109 - Incorporation petition -- Requirements and form.
10-2-109. Incorporation petition -- Requirements and form.
(1) At any time within 18 months of the completion of the public hearings required underSubsection 10-2-108(1), a petition for incorporation of the area proposed to be incorporated as acity may be filed in the office of the clerk of the county in which the area is located.
(2) Each petition under Subsection (1) shall:
(a) be signed by the owners of private real property that:
(i) is located within the area proposed to be incorporated;
(ii) covers at least 1/3 of the total private land area within the area; and
(iii) is equal in value to at least 1/3 of the value of all private real property within thearea;
(b) indicate the typed or printed name and current residence address of each ownersigning the petition;
(c) describe the area proposed to be incorporated as a city, as described in the feasibilitystudy request or modified request that meets the requirements of Subsection (3);
(d) state the proposed name for the proposed city;
(e) designate five signers of the petition as petition sponsors, one of whom shall bedesignated as the contact sponsor, with the mailing address and telephone number of each;
(f) state that the signers of the petition appoint the sponsors, if the incorporation measurepasses, to represent the signers in the process of:
(i) selecting the number of commission or council members the new city will have; and
(ii) drawing district boundaries for the election of commission or council members, if thevoters decide to elect commission or council members by district;
(g) be accompanied by and circulated with an accurate plat or map, prepared by alicensed surveyor, showing the boundaries of the proposed city; and
(h) substantially comply with and be circulated in the following form:
PETITION FOR INCORPORATION OF (insert the proposed name of the proposed city)
To the Honorable County Legislative Body of (insert the name of the county in which theproposed city is located) County, Utah:
We, the undersigned owners of real property within the area described in this petition,respectfully petition the county legislative body to submit to the registered voters residing withinthe area described in this petition, at a special election held for that purpose, the question ofwhether the area should incorporate as a city. Each of the undersigned affirms that each haspersonally signed this petition and is an owner of real property within the described area, and thatthe current residence address of each is correctly written after the signer's name. The areaproposed to be incorporated as a city is described as follows: (insert an accurate description ofthe area proposed to be incorporated).
(3) A petition for incorporation of a city under Subsection (1) may not be filed unless theresults of the feasibility study or supplemental feasibility study show that the average annualamount of revenue under Subsection 10-2-106(4)(a)(ix) does not exceed the average annualamount of cost under Subsection 10-2-106(4)(a)(viii) by more than 5%.
(4) A signature on a request under Section 10-2-103 or a modified request under Section10-2-107 may be used toward fulfilling the signature requirement of Subsection (2)(a):
(a) if the request under Section 10-2-103 or modified request under Section 10-2-107notified the signer in conspicuous language that the signature, unless withdrawn, would also beused for purposes of a petition for incorporation under this section; and
(b) unless the signer files with the county clerk a written withdrawal of the signaturebefore the petition under this section is filed with the clerk.
Amended by Chapter 378, 2010 General Session