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

449 words·~2 min read·/ut/title-10/chapter-2a/10-2a-213

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Effective 5/7/2025

(1)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 :

(a)for the incorporation of a city:

(i)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

(ii)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

(b)for the incorporation of any municipality:

(i)determine the initial terms of the mayor and members of the municipal council so that:

(A)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

(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 10-3-205(2) ; and

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

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

(3)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) .

(4)Notice of the public hearing described in Subsection

(3)shall be provided as follows:

(a)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

(b)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.

(5)The county clerk may bill the petition sponsors for the cost of preparing, printing, and publishing the notice described in Subsection

(4).

Amended by Chapter 38 , 2025 General Session