10-2-114 - Determination of number of council members -- Determination of election districts -- Hearings and notice.
10-2-114. Determination of number of council members -- Determination ofelection districts -- Hearings and notice.
(1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of thecanvass of the election under Section 10-2-111:
(a) if the voters at the incorporation election choose the council-mayor form ofgovernment, determine the number of council members that will constitute the council of thefuture city;
(b) 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 ofthose districts, which shall be substantially equal in population;
(c) determine the initial terms of the mayor and members of the city council so that:
(i) the mayor and approximately half the members of the city council are elected to servean initial term, of no less than one year, that allows their successors to serve a full four-year termthat coincides with the schedule established in Subsection 10-3-205(1); and
(ii) the remaining members of the city council are elected to serve an initial term, of noless than one year, that allows their successors to serve a full four-year term that coincides withthe schedule established in Subsection 10-3-205(2); and
(d) submit in writing to the county legislative body the results of the sponsors'determinations under Subsections (1)(a), (b), and (c).
(2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petitionsponsors shall hold a public hearing within the future city on the applicable issues underSubsections (1)(a), (b), and (c).
(b) (i) The petition sponsors shall publish notice of the public hearing under Subsection(2)(a):
(A) in a newspaper of general circulation within the future city at least once a week fortwo successive weeks before the hearing; and
(B) on the Utah Public Notice Website created in Section 63F-1-701, for two weeksbefore the hearing.
(ii) The last publication of notice under Subsection (2)(b)(i)(A) shall be at least threedays before the public hearing under Subsection (2)(a).
(c) (i) In accordance with Subsection (2)(b)(i)(A), if there is no newspaper of generalcirculation within the future city, the petition sponsors shall post at least one notice of the hearingper 1,000 population in conspicuous places within the future city that are most likely to givenotice of the hearing to the residents of the future city.
(ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least sevendays before the hearing under Subsection (2)(a).
Amended by Chapter 90, 2010 General Session