9-131. Incorporation; definition

466 words·~2 min read·/az/title-9/9-131

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. When two-thirds of the qualified electors in each county residing in a single community containing a collective population of fifteen hundred or more inhabitants petition their respective boards of supervisors, setting forth the metes and bounds of the community and the name under which the petitioners desire to be incorporated, and praying for the incorporation of the community into a city or town, and the respective boards meeting in a joint session are satisfied that two-thirds of the qualified electors residing in the community in each county have signed the petition, they shall by an order entered of record by each board declare the community incorporated as a city or town.

B. When ten per cent of the qualified electors in each county residing in a single community containing a collective population of fifteen hundred or more inhabitants petition their respective boards of supervisors in the manner prescribed by subsection A of this section, praying for the calling of an election for the purpose provided in this section, the respective boards meeting in joint session shall within sixty days after the filing of the petition call the election, and the election shall take place on a date prescribed by section 16-204 but not more than one hundred eighty days after the petition is filed, except that no such election shall 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 this question. If a majority of qualified electors in each county voting thereon votes for incorporation, then the boards of supervisors again meeting in joint session shall by an order entered of record by each board declare the community incorporated as a city or town.

C. The provisions of section 9-231 shall apply to cities and towns incorporated under this article, except that the first common council shall be appointed by the boards of supervisors of the respective counties meeting in joint session.

D. By whichever proceeding the incorporation of a city or town is accomplished, the order shall designate the name of the city or town, and its metes and bounds, and thereafter the inhabitants within the area so defined shall be a body politic and corporate by the name designated.

E. For the purposes of 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 where the people are acquainted and mingle in business, social, educational and recreational activities.

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